TERMS AND CONDITIONS
We have been advised by regulatory authorities in QLD to cease this promotion in QLD. Everyone who has already entered will be refunded for the full price of their image/images purchased before the 20/08/19. Non-QLD residents of Australia (excluding SA) can continue to enter until 23/09/19. The draw will proceed as per the Terms and Conditions.
“LIVE, WORK, PLAY. WIN A PET LOVERS DREAM” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents (excluding SA and QLD) aged 18 years or older.
3. Directors of the Promoter and their immediate families 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. Promotion commences 01/04/19 and closes 6pm AEST on 23/09/19 (“Promotional Period”).
5. To enter, entrants must, during the Promotional Period, visit and purchase a digital photo for $55 via the website. Once the purchase is confirmed and the entrant enters all requested details they will be automatically entered into the draw. For clarity, residents of SA may purchase a digital photo however they will not be eligible for entry into the draw.
6. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
7. Multiple entries are permitted, subject to the following: (a) only (1) entry permitted per specified purchase requirement; and (b) each entry must be submitted in accordance with these Terms and Conditions.
8. 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.
9. All entries received during the Promotional Period will be entered into a single draw. The draw will take place at TPAL, Level 2/11 York Street, Sydney NSW 2000 at 10 am AEST on the 24/09/2019 in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order, in case of an invalid entry or ineligible entrant.
10. The winner will be contacted within two (2) business days via email and telephone and their name will be published on from 25/09/19 and will also be promoted on the Promoter’s social media channels.
11. It is a condition precedent of the major prize set out in clause 12 below being awarded that the Promoter receives a minimum of 40,000 entries into the promotion. In the event less than 40,000 entries are received, the major prize will not be awarded and the winner will receive the consolation prize as set out in clause 20.
12. Subject to condition precedent being met, the first valid entry drawn will win the major prize of the Yapper Valley business (“Business”) and the land and buildings located at 219 Crabb Road, Woodstock QLD 4816 (“Property”), together valued at up to AUD$1,520,000.00 (inclusive of all taxes and duties). For clarity, the value of the major prize is comprised of: (a) the value of the Business calculated by the Promoter’s nominated licensed valuer; (b) the value of the Property calculated by the Promoter’s nominated licensed valuer; (c) all applicable taxes and duties; (d) estimated maximum transfer and adjustment costs in connection with the transfer of the Property to the winner; and (e) fixtures and Business assets (including $30,000 in cash, stock on hand, goodwill, equipment and furnishings of the Business and, a 2015 Renault traffic van inclusive of registration and all other on road costs.
13. The Property and the Business will be provided to the winner free of any encumbrance. The Promoter will bear the cost of any official duties on assignment of the Business and all other government and transfer costs associated with assigning the Business to the winner, as well as the cost of Titles Office registration fees, any adjustments required for municipal, water rates and land tax for the relevant rating period during which the date of the draw falls within, and all other government and transfer costs associated with claiming the Property by the winner. Settlement of the transfer of land under the Property will occur on a date to be notified by the Promoter (“Settlement Date”) in accordance with the applicable laws in Queensland.
14. As a condition of accepting the major prize, the winner must sign any legal documentation as and in the form required by the Promoter or their nominated agent in their absolute discretion, including but not limited to a Deed of Release and Indemnity, and all necessary documentation to give effect to the assignment of the Business and transfer of the Property.
15. To the extent permitted by law, the Promoter makes no warranty or representation: (a) that the title to the Property is identical with the address and the fenced boundaries of the Property; (b) that the Property complies with all laws and the requirements of any authority; (c) that any improvements are erected within the boundaries of title to the Property; (d) that improvements owned by other persons do not encroach on to the title to the Property or as to the condition or environmental state of the Property; or (e) about the condition or state of repair of the Property including as to structural soundness, defect (latent or patent) or the suitability for use of the Property.
16. Other than as set out in clause 13, the Promoter makes no representations or warranties as to the liability for rates, levies and other statutory outgoings on and from the Settlement Date, which remain the responsibility of the winner.
17. Subject to the provisions of clause 27 below, and to the extent permitted by law, the Promoter makes no warranty or representation with respect to the quality or nature of the Business or the Business’ assets, or the value of the Business.
18. The Promoter makes no warranties as to the liability for ongoing stock, overheads, rent and other ongoing costs related to running the Business on and from the date the Business is assigned to the winner, which remain the responsibility of the winner moving forward from that date.
19. All legal costs and disbursements relating to the assignment of the Business will be paid by the Promoter, subject to any such costs being reasonable and the services being provided by qualified and reputable providers (as determined by the Promoter). The winner acknowledges that he/she is free to obtain independent legal advice, and that any independent legal advice that he or she elects to obtain will be obtained at his or her own expense.
20. In the event the condition precedent is not met, the first valid entry drawn will win the consolation prize of 50% of the value of all sales of digital photos received by the Promoter. For the sake of clarity, this will be up to a maximum value of AUD $1,099,972.50.
21. Total prize pool value is up to AUD$1,520,000. Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. In the event the major prize remains or the consolation prize, as applicable, remains unclaimed 3 months after the original draw, an unclaimed prize draw will take place at the same time and location at the original draw on 15/01/20, subject to the directions of any regulatory authority. Winner, if any, will be contacted within two (2) business days via email and telephone and their name will be published on from 16/01/20.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
25. Entrants consent to the Promoter using their 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate, subject to any directions from a regulatory authority.
27. 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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.
28. 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 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) any prize.
29. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
30. The Promoter is Templeton Two Enterprise Pty Ltd acting as Trustee for the Secos Family Trust (ABN 74 455 469 939) of 219 Crabb Road, Woodstock QLD 4816.
NSW Permit No. LTPS/19/32479 ACT Permit TP/19/02842
FOR INTERNATIONAL PARTICIPANTS.
Terms and conditions as stated above apply with the exemption of clause 2. Must be over 18 years of age.
In accordance with regulation of 19(h) of the Charitable and Non-Profit Gaming Regulation 1999 (Qld), participation in this trade promotion lottery is available only to persons to whom there is no statutory restriction of any kind. In addition to any other exclusion, this trade promotion lottery is not available to any non-exempt person or entity to which the Foreign Acquisitions and Takeovers Act 1975 (Cth) applies. Such persons or entities may purchase images offered for sale as part of this promotion, but they are expressly prohibited from taking part in the trade promotion lottery. It is incumbent on any entrant who is not an Australian citizen, permanent resident or New Zealand citizen who wishes to participate in the trade promotion lottery to obtain independent legal advice to confirm whether they fall within the scope of that Act.
As a condition of entering the competition, entrants must ensure that, by doing so, they do not contravene any laws of their country of residence. The promotor will not be liable in any way if the entrant enters the competition unlawfully.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they provide their information to the Promoter, not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. Facebook or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.