Information on how to enter forms part of these Terms and Conditions. By entering the Promotion, entrants accept these Terms and Conditions.
The promoter is: Overland Group (Australasia) Pty Ltd ("DIADORA"), ABN: 57 071 178, 444 Burwood Rd Hawthorn VIC 3122 (the "PROMOTER").
The Promotion commences on Monday 19 April 2010 at 09:00am (AEST) and concludes on Monday 10th May, 2010 at 17:00 pm (AEST) (the "PROMOTION PERIOD").
Entry is via the website www.diadora.com.au (the "WEBSITE"). To be a valid entrant, the entrant must be:
a) a permanent resident of Australia;
and must not be:
i) an employee of the Promoter, Diadora (the "SUPPLIER"), or any other agency associated with the Promotion; or
ii) an immediate family member of an employee of the Promoter, the Supplier, or any other agency associated with the Promotion.
- To submit a valid entry, between 09:00am on Monday 19 April, 2010 and 17:00 pm AEST on Monday 10 May, 2010 (the "ENTRY PERIOD") the entrant must:
a) Tell us in 25 words or less "Why You Deserve to win the Diadora Speed Tennis Pack"
b) Fill in all of the required data fields on the online entry page;
AND the entry must not be, without limitation:
c) late;
d) delayed;
e) incomplete;
f) incomprehensible;
g) unlawful;
h) obscene;
i) defamatory;
j) libellous;
k) threatening;
l) pornographic;
m) harassing;
n) hateful;
o) racially or ethnically offensive;
p) capable of encouraging conduct that would be considered a criminal offence;
q) capable of violating any law; and/or
r) capable of giving rise to civil liability.
No responsibility will be accepted for late, lost or misdirected entries, or entries not received by the Promoter for any reason whatsoever.
Entry is free, however the entrant’s internet connection rates apply.
Entry is restricted to one entry per person per day.
All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the entrant.
Should an entrant’s contact details change during the Promotion Period the entrant must notify the Promoter of this change during the Promotion Period.
By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize.
The Promoter reserves the right at its absolute discretion to verify the validity of entries and entrants, and to disqualify any entrant who tampers with, or benefits from tampering with, the entry process or who submits an entry that is not in accordance with these Terms and Conditions.
The Promoter reserves the right to request the winner provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill or store receipt for purchase requirement) in order to claim the prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that the winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
The Promotion is a game of skill. Judging criteria is based on the most creative response. Chance plays no part in determining the winner in this Promotion. There will be 1 winner over the Promotion Period.
The winner will be selected by the judges at Overland Group Head Office and this will take place at 12:00pm (AEST) on Tuesday 11 May, 2010 at 444 Burwood Rd Hawthorn Vic 3122.
The Promoter’s decision is final and no correspondence will be entered into.
The winner will win: A new Diadora Speed Pro Tennis Pack including: 1 new Diadora HMG Speed Pro Tennis Racquet (rrp $180), 1 x Diadora Team 9 pack tennis bag (rrp $70) and 1 can of Tournament quality Pro Circuit Tennis Balls (rrp $12) (the "Prize"). The total prize pool is valued at a maximum of $262 AUD.
The winner will be notified by telephone within 2 days of the determination and will also be sent an email advising them of their prize.
It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
The Prize value is the recommended retail value as provided by the Supplier and is correct at the time of printing. The Prize value is in Australia dollars.
The Prize is not exchangeable or redeemable for cash and is only transferable at the absolute discretion of the Promoter. The Promoter accepts no responsibility for the variation in the value or make-up of the Prize or for any event that occurs that is beyond the Promoter’s control. If the Prize is not utilised within the time period allocated it will be forfeited by the winner. The Promoter reserves the right to substitute the Prize or any element thereof for a prize of similar element of equal value.
The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.
The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under state permit regulations.
The Promoter and its agencies and companies associated with the Promotion will not be liable for any loss (including but not limited to indirect or consequential loss or loss of profits), damage or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) relating to the Promotion or the awarding or taking of the Prize, except for any liability which cannot be excluded by law.
The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, nor for the breach of those conditions by any person.
If for any reason the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations.
The Promoter reserves the right to refuse to allow the winner to take part in any or all aspects of the Prize, if the Promoter determines, in its absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.
The Promoter will make all reasonable efforts to contact the winner. In the event that the winner has not claimed the Prize by 9:00am (AEST) on Tuesday 10 August, 2010, 3 MONTHS FROM INITIAL DRAW, the Promoter may award the unclaimed prize to the entry deemed to judged to be the next most creative entry. The winner of the Unclaimed Prize Determination (the "UNCLAIMED PRIZE WINNER") will be contacted by telephone and email within 2 days of the Unclaimed Prize Determination. These Terms and Conditions apply to the Unclaimed Prize Winner.
Except for any liability which cannot be excluded by law, the Promoter:
is not responsible for any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
is not responsible for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
Your privacy is important to us. The Promoter collects your personal information and may disclose it to its marketing and communications agencies in order to conduct the Promotion. Personal information about entrants may also be disclosed to authorities responsible for the regulation of gaming and lotteries and winners’ names will be published and retained as required by relevant legislation.
By entering the Promotion, each entrant agrees that the Promoter may use the entrant’s name if the entrant becomes the winner or the Unclaimed Prize winner, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the winner.
The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information that the Promoter holds about them by contacting the Promoter. The Promoter’s privacy policy is available on the Promoter’s website: http://www.diadora.com.au.
The information entrants provide will be used by the Promoter for the purpose of conducting the Promotion. The Promoter may disclose entrants’ personal information to its contractors and agents associated with the Promotion, for the purpose of enabling them to assist in conducting the Promotion or communicating with entrants. The entrant’s personal details may also be disclosed to the state permit authorities, for the purpose of reviewing the Promotion.
Nothing in these Terms and Conditions authorises the Promoter to use an entrant’s personal information for direct marketing purposes. The Promoter will not use an entrant’s personal information for direct marketing purposes unless the entrant indicates otherwise when entering the Promotion on the Website.
All entries become the property of the Promoter.
These Terms and Conditions are governed by the laws of the State of Victoria.
These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.
