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
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.
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.
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.
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.
Incomplete, automated, indecipherable or illegible
registrations/entries will be deemed invalid (“Invalid Entries”).
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.
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.
Competition commences 14/08/2024 and entries close 11.59pm AEST on
28/02/2025.
All entries will be reviewed, and one (1) winner will be determined by
the Promoter in March 2025. 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.
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 March 2025.
The Promoter has no obligation to individually contact all Entrants
that were not chosen.
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.
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.
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.
The prize is not transferable or exchangeable.
An additional winner if uncontactable or unclaimed, may be determined
10 days after initial winner has been contacted.
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.
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.
Any cost associated with accessing the promotional websites is the
entrant’s responsibility and is dependent on the Internet service
provider used.
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”).
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.
The Promoter is Marketing Punch Ltd, Kestrel Court, Waterwell Drive, Gloucester, GL2 2AT.
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:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT,
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SITE OR THE CONTENT,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE,
OR
- 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.
