Terms & Conditions

HOW TO ENTER

To enter and automatically receive one (1) entry into the $100 FREE GIVEAWAY Competition (“Competition”), individuals must complete the steps prompted (as indicated in the ‘Need to know stuff’ section, the page footer etc.) including Acceptance to these Terms and submit your entry in accordance with the Rules.

The Competition may be entered by submitting in 25-words-or-less, an original answer to the question which the Promoter will present you as part of this $100 Giveaway. Entries must complete all the steps to be eligible to win. Each entry must be unique and received by the Promoter prior to the competition close date and time. Eligible Entrants ("Entrants") that complete this page.

TERMS AND CONDITIONS

1. Information on how to enter and the prize form part of these Terms and Conditions. Acceptance to these Terms as prompted on our $100 FREE GIVEAWAY page is deemed acceptance of these Terms and Conditions.
2. Entrants must be Australian residents aged 18 years or over, who have an Internet connection and a website browser capable of accepting cookies or other devices used by the Promoter to track entries, and who have a valid email address.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means 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.
4. 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 and Conditions.
5. Incomplete, automated, indecipherable or illegible registrations/entries will be deemed invalid (“Invalid Entries”).
6. There may be opportunities to gain additional entries during the promotional period for which the active subscriber is eligible. Subscribers may also be awarded extra entries for participating in certain activities such as completing surveys, by reading and responding to email promotions, referring a friend and as notified occasionally. The Promoter will update the page accordingly if this is the case.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. Competition commences 14/02/2024 and entries close 11.59pm AEST on 13/08/2024.
9. All entries will be reviewed, and one (1) winner will be determined by the Promoter in August 2024. The Promoter may select additional entries to be used as replacements in the event that the first entrant chosen as a winner cannot satisfy these Terms and Conditions or take a prize. The winner will be notified by Facebook Messenger, email or other means.
10. The Promoter’s selection of Winner is at its absolute discretion and the decision is final and no correspondence will be entered into. The Winner will be contacted via Email in August 2024.
11. The Promoter has no obligation to individually contact all Entrants that were not chosen.
12. All Entrants must submit their own original answer ONLY. At the Promoter’s discretion, we may require the winner to sign a statutory declaration regarding the originality of the entry. Without limiting the generality, the Promoter reserves the right to take legal action against anyone found to have breached this term, including but not limited to, recouping the prize or prize value, and any costs associated with the delivery or provision of the prize(s). The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.
13. All Entrants accept that they will view Marketing Punch Partner advertisements by completing the steps, There is no obligation(s) to click on these ads, however where an Entrant does and is redirected to another page, he/she will be bound by the terms and conditions of those third-party sites. Promoter accepts no liability for any terms associated with external sites that do not belong to the Promoter in any such case.
14. The Promoter is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website. The promoter may use in advertising material the opportunity for users to receive and/or claim varied product samples. The promoter does not distribute any form of samples and the promoter will simply provide a link or direct users to third party websites/companies who do offer samples and/or information on how to apply for them. We make an effort to screen our offers to ensure the best possible experience for our users. However, we are not responsible for any ensuing charges or contracts incurred between a user and an offer/third party provider. Users should carefully read the requirements, terms and conditions, privacy policy and billing information for each offer. All users complete offers through affiliates at their own risk. We are not responsible for services or products associated with our affiliate offer providers. If there is a complaint about services or products received from an affiliate, users should directly contact the offer provider in question.
15. The prize is not transferable or exchangeable.
16. An additional winner if uncontactable or unclaimed, may be determined 10 days after initial winner has been contacted.
17. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
19. Any cost associated with accessing the promotional websites is the entrant’s responsibility and is dependent on the Internet service provider used.
20. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including 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 the Promotion, including, but not limited to, where arising out of the following: (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; or (e) redemption/use of the prize; or (f) any variation in prize value to that stated in these Terms and Conditions. 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, 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”).
21. Indemnification. You understand and agree that you are personally responsible for your behaviour on all websites. You agree to indemnify, defend and hold harmless Marketing Punch Ltd, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the website or the content, or any violation by you of these Terms and Conditions.
22. The Promoter is Marketing Punch Ltd, Unit 33, Kestrel Court, Waterwell Drive, Gloucester, GL2 2AT.
23. Marketing Punch Ltd. is not affiliated with, sponsored by or endorsed by any of the listed products or retailers. Trademarks, service marks, images, logos, (including, without limitation, the individual names of products and retailers) are the property of their respective owners.

GENERAL PROVISIONS

These Terms and Conditions will be governed by and construed in accordance with the laws of the United Kingdom as contracts entered into in that country, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. We recognize the global nature of the Internet. You agree to comply with any and all local laws or rules regarding your conduct online including the downloading of documents that may be prohibited under laws that apply to your country of residence.

No Waiver

These Terms and Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Marketing Punch Ltd. of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. MARKETING PUNCH LTD. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. MARKETING PUNCH LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY MARKETING PUNCH LTD. , AND THE CONTENT.

MARKETING PUNCH LTD. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. MARKETING PUNCH LTD. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MARKETING PUNCH LTD. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MARKETING PUNCH LTD. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:

1. ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT,
2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT,
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR
5. ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF MARKETING PUNCH LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.