Terms and Conditions – Eden Rise Prize Draw

Terms and Conditions – Eden Rise Prize Draw

  1. The “Promoter” is YMCA Aquatic Education Ltd (ABN 88 151 552 322) trading as Kingswim of 2 St Catherine’s Court, Mornington, telephone (03) 5976 3777. 
  2. Information on eligibility, how to enter and the prize are set out on the competition entry form and form part of these Terms and Conditions (Terms).
  3. Participation in this Promotion (Promotion) is deemed acceptance of these Terms.
  4. Eligibility: Entry is open to all those who attend Eden Rise Shopping Centre and visit the stall that is conducted by the Kingswim Narre Warren.
  5. Employees and directors of the Promoter and their immediate family members, retailers, suppliers, associated companies and agencies associated with the Promoter are ineligible to enter this Promotion. An “immediate family member” includes any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  6. The Promotion commences at 9.00am AEST on 04/02/19 and ends at 3.00pm AEST on 10/02/2019 (Promotional Period).
  7. To receive an entry into the draw, entrants must fill out their personal details in the entry form and place it in the entry box.   
  8. Draw date: The draw will take place at the Kingswim Narre Warren located at 4-12 The Avenue, Narre Warren South 3805 at 11am on 12/02/2019. The Promoter may draw additional reserve entries and record them in case an invalid entry or ineligible Entrant is drawn. There will be one (1) prize awarded to the winning Entrant.
  9. Multiple entries: Only one entry per Entrant is permitted. Multiple entries are strictly prohibited. Further entries by an Entrant will be deemed invalid.
  10. Game of chance: This Promotion is a game of chance, and subject otherwise to these Terms, skill plays no part in determining the winner. Each valid entry will not be individually judged.
  11. Notification: The winning Entrant will be notified by telephone and email directly after the draw.
  12. Prize: The prize is one (1) Kingswim prize pack valued at $125.00, the prize pack includes a pair of Kingswim bathers, either boys or girls style, Kingswim towel, Kingswim swim bag, Kingswim drink bottle and a Gift Card valued at $50. The prize cannot be exchanged for cash.
  13. Unclaimed prize: If a prize remains unclaimed by 05/03/19 the second entrant drawn from the reserved entries will be awarded the prize. The alternative winning Entrant of the redraw will be notified by telephone and shall be sent a confirmation email within two (2) business days of the draw.
  14. Publicity: Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including a photograph, film and/or recording) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter.
  15. Reservation of rights: The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms or who tampers with the entry process.
  16. Legal: Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
  17. Exclusion of liability: Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including in negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winner or Entrant; (e) taking and/or use of the prize; or (f) the Promotion.
  18. Legal warning: As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 
  19. Privacy: By entering this Promotion, Entrants agree to the Promoter’s privacy policy available at https://kingswim.com.au/privacy and acknowledge that all information collected will be treated in accordance with the Promoter’s privacy policy.
  20. The Promoter collects personal information in order to conduct the promotion and may, for the above purposes, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Personal information may be used for marketing purposes in the future. Entrants should direct any request to opt out, access, update or correct information to the Promoter.