Terms and Conditions: Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion (including submitting an entry) is deemed acceptance of these Terms and Conditions.
Promotional Period: The Promotional Period commences on the Start Date and concludes on the End Date, as particularised in the Schedule.
Eligibility: Entry is open to persons aged 18 years or over (Entrants). Any entry submitted by an Entrant who is under the age of 18 will be deemed invalid. Employees, immediate family members, associated companies and agencies related to the Promoter are not eligible to enter the Promotion.
How to enter: To enter and be eligible, Entrants must, during the Promotional Period, satisfy the Eligibility Conditions and correctly submit an entry in accordance with the Entry Procedure, as particularised in the Schedule. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission or submission. All entries are final.
Multiple entries: Entrants must enter the Promotion in their own name. Entrants are permitted to submit multiple entries in the Promotion. There are no restrictions on the amount of entries that an Entrant can submit, provided these Terms and Conditions are complied with on each occasion. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
Verification of entries: The Promoter reserves the right, at any time, to verify the validity of any entry or Entrant (including an Entrant’s identity and age) and to disqualify any Entrant that it considers does not meet the Eligibility Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Game of skill: The Promotion is a game of skill. As such, the winners of the Prizes (each a Winner) will be selected based on the quality of entries submitted and at the sole discretion of the Promoter. All entries must be an independent creation by the Entrant and free of any claims that they infringe any third party rights including Intellectual Property Rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
Expenses: Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize.
Determination of Winner is final: The Promoter will determine the Winners in accordance with the Criteria, on or about the Determination Date. The Promoter’s determination of the Winners is final and no correspondence will be entered into with any Entrant regarding the determination. The Prizes will be awarded in the name of the Winners.
Multiple Prizes: An Entrant is not permitted to win more than one Prize.
Cash Redemption: The Prize is not transferrable and not redeemable for cash.
Redemption Period: If the Winner does not claim the Prize within the Redemption Period, the Prize will be deemed to be forfeited by the Entrant and the Promoter will determine another Winner in accordance with clause 9.
Notification of Winner: The Winner, if any, will be notified by the Promoter as soon as reasonably practicable following determination of the Winner.
Delivery: The Promoter will deliver the Prize within 30 days of the date of Confirmation.
Unavailable Prize: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, substitute the Prize with a prize of equal value and/or specification.
Invalid entries: In the event that a Winner’s entry is deemed or found to be invalid, the Promoter may determine another Winner in accordance with clause 9.
Divine Order Pack Rewards: Divine Order packs will be sent out after the Divine Order expansion has been released at a time suitable to the Promoter.
Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions or otherwise for any special, indirect or consequential loss or any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, however arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), to the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant, and the Entrant waives all claims and/or rights that they may have against the Promoter (and/or its respective officers, employees and agents) and releases the Promoter (and its respective officers, employees and agents) in respect of any and all liability (including but not limited to all expenses, costs, damages, claims and losses) arising in any way out of or in connection with:
any act or omission of the Entrant;
any breach of these Terms and Conditions by the Entrant;
any Force Majeure;
a matter arising out of clause 28 (social media);
any personal injury or loss;
claiming the Prize;
use of the Prize in any way;
any theft of any Prize or unauthorised access or third-party interference in the Promotion;
any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
any tax liability incurred by a Winner;
a matter arising out of a breach by a Winner of clause 29 (Entrant’s obligations);
a matter arising out of a breach by a Winner of clause 30 (Intellectual Property Rights); or
a matter arising out of clause 31 (publicity).
Force Majeure: If the Promotion is affected in any way by a Force Majeure Event, and/or the Promoter is unable to carry out its obligations under these Terms and Conditions as a result of a Force Majeure Event, the Promoter may in its absolute discretion cancel, terminate, modify or suspend the Promotion, and the Promoter will notify the Entrants accordingly. Force MajeureEvent means any event or circumstance which is unforeseeable and/or beyond the Promoter’s reasonable control including, without limitation, acts of God, wars, civil unrest, terrorism or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.
Ineligible entries: The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
Legal documentation: To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the Winner must sign any legal documentation as and, in the form, reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of any website associated with the Promotion (Site), or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
Linked Sites: The Game or platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the Game or platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. The Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter, Pinterest and Reddit. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest, Reddit or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.
Entrant’s Obligations: The Entrant must not submit any content or material that: (a) infringes the Intellectual Property Rights, Moral Rights, privacy rights or confidentiality rights of any third party; (b) contains any virus or other damaging material; or (c) is inappropriate, defamatory, abusive, obscene, vulgar, offensive, involves unlawful discrimination, threatens, intimidates or harasses any person. The Entrant warrants to the Promoter that: (i) the Entrant is eligible to participate in the Promotion in accordance with these Terms; (ii) all contents and materials submitted as part of the entry are original works, and do not infringe any rights (including Intellectual Property Rights) of any third party; and (iii) to the best of Entrant’s knowledge, all details provided with the entry are true and accurate. A breach of the warranty set out in this condition will result in the entry being invalid.
Intellectual Property Rights: The Entrant grants the Promoter (and its respective officers, employees, agents and authorised licensees) a worldwide, non-exclusive, royalty-free, licence-fee-free, sub-licensable, transferable, perpetual and irrevocable licence to use, copy, store, reproduce, modify, adapt, make derivative works of, display, publish, distribute, perform, broadcast, communicate, commercialise, and exploit the content and materials submitted as part of an entry (including the Entrant’s username and comments) for any purpose (including commercial, promotional, marketing or publicity purposes). The Entrant agrees that the Promoter (and its respective officers, employees, agents and authorised licensees) may do (or omit to do) any acts in respect of content of the entry which may otherwise constitute an infringement of an Entrant’s Moral Rights. Without limiting the foregoing, the Entrant agrees that the Promoter (and its respective officers, employees, agents and authorised licensees) may fail to attribute an Entrant as the author of the content, and that the Promoter may publish an edited or adapted version of an Entrant’s content, for legal, editorial or operations reasons.
Publicity: The Entrant acknowledges that, regardless of entry validity, entry is submitted on a public forum and assumes all risk in doing so including but not limited to any loss of confidentiality or Intellectual Property Rights in the entry.
General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to $USD dollars, is a reference to the lawful currency of United States of America.
Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
Jurisdiction: These Terms and Conditions are governed by the laws of New South Wales.
Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including a Winner) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including a Winner), whether oral or in writing.
Representations: To themaximum extent permitted by law, the Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
Definitions: Intellectual Property Rights means all present and future, Australian and foreign intellectual and industrial property rights conferred by statute, at common law or in equity wherever those rights might arise, including (without limitation) copyright, patent rights, patent applications, designs, technical or commercial know how, trade-marks, circuit layouts, rights in relation to inventions, and all other results of intellectual effort in the scientific, industrial, literary or artistic fields whether or not registered or capable of registration and includes any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing. Moral Rights has the meaning given in the Copyright Act 1968 (Cth).