General Competition and Promotion Terms and Conditions
These terms and conditions cover all promotions and competitions run by Kerry J Donovan. There are sometimes additional terms and conditions that may apply and these will be provided at the time of the competition or promotion.
- The following General Terms and Conditions apply to all competitions, giveaways and promotions (“Promotion/s”) run by Kerry J Donovan (“Promoter”).
- In the event that these Terms and Conditions have been published in respect of a Promotion then these Terms and Conditions are subject to all terms and variations as are specified for the purposes of that Promotion.
- The “Promoter” is the natural person Kerry J Donovan unless otherwise specified.
- These General Terms and Conditions and the terms and conditions of any applicable Promotion are collectively referred to as the “Terms”.
Conditions of Entry:
By submitting an entry to a Promotion, the entrant acknowledges and agrees to be bound by the Terms.
Who May Enter Promotions:
- Promotions are open to any natural person unless otherwise specified.
- Some Promotions will only be open to persons who are of adult age in their respective country or state at the time of lodging their entry.
- The Promoter may at its discretion withdraw or exclude any person from the Promotion or participation in any prize for any reason.
- Unless otherwise stated in the Terms for a specific Promotion, each entrant may only enter a Promotion once.
- Entries can only be made in an individual’s own name and in their own capacity and no entry can be made for or on behalf of any other person, venture or organisation.
- Promotions are not open to:
- employees of, or contractors to, the Promoter or any of its agencies involved with the Promotion;
- the spouse, de facto spouse, parent, natural or adopted child, or sibling (whether natural or adopted by a parent) of such employees and contractors (whether or not they live in the same household);
- any person who is discovered to have used or attempted to use any more than one name in order to qualify to win any Promotion run by the Promoter except in the case of a legal change of name;
- All contestants acknowledge and agree that the Promoter can rely on the Terms and in particular, this clause even if the Promoter only learns of a person’s ineligibility after the Promoter has or appears to have awarded the prize to the ineligible person. In those circumstances, the Promoter can require return of the prize or payment of its value to the Promoter.
- All entries must be lodged in accordance with the requirements of the Terms for the specific Promotion.
- The Promoter is entitled at its sole discretion to reject or disqualify any entry which it determines to be incomplete or ineligible or which in the sole opinion of the Promoter contains unlawful, defamatory, offensive or other material which if published would place the business interests of the Promoter at risk or adversely effect the goodwill, name or reputation of the Promoter.
- All entries in any form, whether written or delivered by email, or otherwise are deemed received only upon actual receipt of a complete and eligible entry by the Promoter. In the case of online entries by way of website or other communication application, an entry will not be deemed received unless and until a complete and legible entry is received onto the Promoter database. The Promoter shall have no responsibility for the failure of any means of communication whether within the Promoter’s control or otherwise.
- Where Promotions are connected to or provided through third party software or services, there may be additional Terms that an entrant must agree to in order to enter. The Promoter shall have no responsibility for any failure of any kind by third party software or services whether within the Promoter’s control or otherwise.
- All prizes will be awarded either:
- as provided for in the Promotion Terms; or
- in other cases as is published by the Promoter in respect of the Promotion.
- Where applicable, all prizes must be collected within one month of the date of notification of winners as provided for below. Subject to regulatory requirements, prizes not collected within one month will be forfeited and will be redistributed into the prize pool of the associated Promoter and used for alternative contest giveaways.
- All prize items are valued based on recommended retail pricing inclusive of any applicable taxes and the Promoter takes no responsibility for any variation in item values.
- Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
- Prizes are non-transferable and may not be redeemed for cash.
- All “cash” prizes will be made payable to the winner only.
- If the specified prize becomes unavailable due to general unforeseen circumstances, or is not able to be provided to the winner due to country or other restrictions (subject to the winner being an eligible entrant according to these Terms) the Promoter may substitute a prize of like or equal value, subject to country or state regulations.
- If the specified prize becomes unavailable due to acts of terrorism or acts of god (IE earthquake – or other natural disaster), The Promoter and its associated promotional partners will not be liable for replacement of any prize.
- If a prize comprises items provided by an third party, the Promoter accepts no responsibility or liability in respect of that prize. Should the prize be cancelled, withdraw or otherwise varied, then the Promoter has no responsibility to provide alternate or substitute prizes or to provide any cash equivalent in substitute for the prizes. The winner will in all respects be bound by and comply with the terms and conditions applicable to said third party.
- If a prize comprises vouchers, then all vouchers will be subject to the terms and conditions of the provider of the vouchers and the expiry date specified by the provider of the voucher.
- All prizes awarded are for the benefit of the entrant only unless otherwise specified in a Schedule for the Promotion and are non-transferable. Prizes must be used within the applicable time frames and dates specified for the purposes of the Promotion and may be subject to availability and school holiday or peak season exclusions.
- The Promoter may at its absolute discretion withdraw or exclude any person from the Promotion or participation in any prize if that person at any time behaves in a manner which in the opinion of the Promoter or the staff contractors or representatives of the sponsor of any prize in a Promotion is inappropriate or offensive or is or could be considered antisocial, dangerous or threatening or which may cause injury to themselves or any other person.
- The decision of the Promoter will be final in determining the winner of each Promotion. This will include but not be limited to adjudicating on whether answers to quizzes are correct or otherwise and in the event of a tie or draw in a Promotion determining at its discretion which entrant shall be declared the winner.
- If the Promoter becomes aware at any time, including after a winner has been announced, that an entrant has not complied with these Terms or other terms and conditions of the Promotion, the entrant will have no entitlement to any prize and, as required by the Promoter, must return or repay the full value of any prize received.
Participation in Activities and Prizes and Indemnity:
- Any entrant or winner participating in any activity for the purposes of the Promotion or in respect of any prize agrees to fully release and indemnify to the maximum extent permissible by law, the Promoter, sponsors, donors, and their respective contractors, employees, directors and officers in respect of any claim for accident, injury, property damage, financial lossor loss of life in connection with the entrant or winner’s participation in the Promotion or prize.
- The indemnity granted by each entrant and winner to the Promoter, sponsors, donors, and their respective contractors, employees, directors and officers pursuant to this clause includes in respect of any cost, loss, expense, damage or liability whether direct or indirect or consequential, (present or future), and any fine or penalty incurred by the entrant or winner.
- Prizes must be claimed by the winning entrant unless the winner is advised otherwise by the Promoter. The winner may be required to provide photographic identification for the purposes of collecting the prize. The collection of prizes is the sole responsibility of the winner.
- Prizes will only be awarded following winner validation and verification. The determination of the Promoter or such judges as are nominated by the Promoter are final and no correspondence will be entered into.
- If a prize is mailed to an entrant by the Promoter, the Promoter shall not be responsible for any replacement or compensation if the prize is lost or is delayed. It is at the sole discretion of the Promoter whether or not to mail any prize.
- Lost “cash” prizes, vouchers, or any other kind of virtual prize will not be replaced under any circumstances.
- Each entrant consents to the content of their entry and any other contact with the Promoter being recorded, broadcast, and published online by the Promoter without payment.
- If an entrant submits a photograph as part of a Promotion the entrant consents and hereby grants to the Promoter all rights necessary for the Promoter to edit and publish on its website the photograph at the Promoter’s discretion and for other publicity purposes associated with the promotion of the Promoter. The entrant warrants to the Promoter that all parties shown in the photograph have provided their consent for the purposes of the Promotion and that the photograph is in fact a photograph of the entrant where this is a requirement of the Promotion.
- Acceptance of a prize constitutes permission for the Promoter to use winner’s name, photos and likeness, and any other information for advertising and promotional purposes by the Promoter for use without compensation.
Exclusion of Liability:
- The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant.
- The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes.
- To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained to personal property and including, but not limited to consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner(s) and, where applicable, to any persons accompanying the winners.
- A winner (or his or her guests, parent or guardian as appropriate) may be required to sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.
Ownership of Entries:
All entries (whether in written, audio or visual form, or a combination of those) become and remain the property of the Promoter.
- The Promoter is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.
- The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries. Subject to any written directions given under the applicable law, if for any reason, the Promotion is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the Promotion, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion.
- The Promoter reserves the right, in its sole discretion, to disqualify any individual for:
- tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter that in any way affects the fairness of the promotion;
- tampering with the operation of the Promotion or any web site of the Promoter or associated with the Promotions;
- acting in violation of these Terms and Conditions; or
- acting in an unsportsmanlike or disruptive manner.
- If an entrant selected as winner is found to be in breach of these Terms, a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter.
Subject to regulatory requirements, the Promoter may at its discretion vary the Terms or terminate or vary the Terms for a Promotion or terminate a Promotion entirely.
Participation in the Promotion constitutes the entrant’s unconditional agreement to and acceptance of the Terms. The Terms may change from time to time. The entrant is responsible for ensuring his or her familiarity with the Terms for the Promotions at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Terms for the Promotion generally.