Competition Terms and Conditions
1. All sections and information in this document form part of these Terms and Conditions.
2. The promoters of this Competition is Coolkidz Australia (ABN 98 239 897 047) of 237 Frankston-Dandenong Road, Dandenong South 3175 (Promoter).
3. The following terms and conditions (Terms and Conditions) apply for the Father’s Day Giveaway 2022 on Instagram (Competition) conducted by the Promoter.
4. Information on how to enter the Competition and the Prize available form part of these Terms and Conditions. Participation in the Competition constitutes acceptance of these Terms and Conditions by the entrant.
5. Entries not completed in accordance with these Terms and Conditions are void. Entries will be deemed void if stolen, forged, mutilated, or tampered with in any way.
6. Entry is open to Australian residents only. Directors, officers, management, and employees of the Promoter (and their immediate families and friends), or agencies or companies associated with or connected to the provision of the Competition in any way, are ineligible to enter. For the purposes of these Terms and Conditions, 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 first cousin.
7. The Competition commences at 10:00 am (AEST) on Sunday 29 August 2022 and closes at 23:59 pm(AEST) on Sunday 04th September 2022 (Competition Period).
Method of Entry
8. There is no entry fee and no purchase necessary to enter this Competition.
9. To enter, entrants must: a. enter the competition through the Google form, the link to which will be present on the Linktree list on the promoter’s Instagram account (@coolkidz_australia) throughout the competition period b. caption the image attached in the Google form c. enter their full name, email address and Instagram handle d. accept the terms and conditions of the competition
10. It is the responsibility of the entrants to ensure that their contact details provided through the Registration Process are correct and to notify the Promoter of any changes to their contact details prior to the date of announcing the Winner. The Promoter will not be liable if it cannot contact any entrant because of any incorrect contact details provided to it by an entrant.
11. Entries will be deemed accepted once the Registration Process is completed.
12. Maximum of one entry permitted per person. Any entries submitted by an entrant after that entrant first enters the Competition will be automatically disqualified.
13. 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 by that entrant invalid.
14. Entrants must be 18 years or over at the time of the entry being completed.
15. Entries must be received within the Competition Period. Entries are deemed to be received at the time they are received by the Promoter's database. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, technical disruptions, network congestion, communications failure or otherwise. The Promoter is not liable for any consequences of user error including, without limitation, costs incurred. The Promoter reserves the right to extend the Competition Period at its own discretion and subject to any relevant legislation.
16. Incomplete, indecipherable, or illegible entries will, in the sole and absolute discretion of the Promoter, be deemed invalid. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
17. The Promoter does not accept responsibility for entries not received for whatever reason.
18. 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) to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the Registration Process. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
19. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the entrant's individual internet service provider.
20. The Promoter prohibits entries that violate the rights of others or are unlawful, defamatory, or obscene. The Promoter reserves the authority to reject entries which violate these standards. Further, the Promoter reserves the right to delete entries which the Promoter considers offensive, defamatory or otherwise inappropriate.
21. The Promoter, in its sole discretion, will determine one (1) winner in total (the Winner). The Winner will receive a prize, as set out in clause 22 below.
22. The entry that is selected by the Promoter will win the following Prize, at the discretion of the Promoter:
1 (one) UPPAbaby MINU V2 Greyson
1 (one) UPPAbaby Changing Backpack Greyson
1 (one) Sleepytroll Baby Rocker with a total prize value of approximately $1043 (together, the Prize).
The Winner agrees to comply with and be bound by the terms and conditions of the relevant venue upon redemption of the Prize.
22. The Prize (or any part of it) is not transferrable or exchangeable or redeemable in cash. The Prize value is in Australian dollars inclusive of GST based upon the recommended retail value of the Prize components at the time of printing. The Promoter accepts no responsibility for any variation in the value of any part of the Prize between now and the Prize redemption date.
23. If any part of a Prize is unavailable, for any reason (including unforeseeable or other special circumstances), the Promoter, in its absolute and sole discretion, reserves the right to substitute the Prize or any part of the Prize for a prize of equal value and/or specification. To the extent permitted by law: a. the Promoter makes no representations or warranties as to the suitability of the Prize; and b. no compensation will be payable if, for any reason, the Winner is unable to use the Prize as stated.
24. If there is a dispute as to claiming the Prize, the Promoter reserves the right in its sole discretion to determine the outcome of the dispute.
25. It is the responsibility of the Winner to cover the costs of any additional out-of-pocket expenses associated with redeeming the Prize over and above packaging and delivery of the Prize to the Winner.
26. Unless expressly stated in these Terms and Conditions, the Winner is responsible for all other expenses.
27. The Competition will be a game of chance and the selection of the Winner will be by random draw by the Promoter from all the entrants who have completed their entry in accordance with these Terms and Conditions. Entries will be placed into a random draw and the Winner will be chosen at random from all eligible, valid and complete entries received. All entrants will have an equal chance of being drawn.
28. The selection will be made at 237 Frankston-Dandenong Road, Dandenong South, Victoria, 3175.
29. The entrants will be notified via email if the conduct of the Competition is changed (including when it is to take place) at least 5 days before the scheduled time for the draw.
30. The Winner will be announced on the Instagram pages of the promoters and the winner will be notified via Instagram on Monday 5 September 2022. The name of the Winner will also be published on www.coolkidz.net.au on that date until Monday 3 October 2022.
31. If the Winner fails to respond to the Promoter’s message or contact the Promoter by 09:00 (AEST) on Wednesday 7 September, the Promoter will reserve the right to select an alternative Winner.
32. In the case where a new selection is required, the entries will be assessed and selected by 10:00 (AEST) on Thursday 8 September 2022. There will be a maximum of one Winner selected in total. The new selection will be made at 237 Frankston-Dandenong Road, Dandenong South, Victoria, 3175.
33. The Winner of the new selection will be notified via email on Thursday 8 September 2022. The name of the Winner of the Redraw will also be published on www.coolkidz.net.au on that date until Thursday 6th October 2022.
34. The Winner of the new selection will receive the Prize, as set out in clause 22, at the discretion of the Promoter.
35. The Promoter may in its sole and absolute discretion deem a "winning" entry invalid after the Winner is notified or their name is announced if it is discovered that the Winner did not enter the Competition in accordance with these Terms and Conditions. In those circumstances, the Promoter will reserve the right to select a new winner.
36. The Promoter’s decision is final, and binding and no correspondence will be entered into regarding the result.
37. Once the Winner has been confirmed, the Promoter will contact the Winner to arrange for delivery of the Prize. The Prize for the Competition will be sent via post or email, after the Winner provides their preferred delivery mechanism to the Promoter, by Wednesday 7 September 2022 subject to any governmental restrictions which might be imposed from time to time in response to COVID-19.
38. When contacted, the Winner will be required to further confirm their acknowledgement of and agreement to these Terms and Conditions. The Prize will be issued to the Winner in accordance with these Terms and Conditions and subject to such confirmation.
39. It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize and the requirements of the supplier of the Prize.
40. Entrants consent to the Promoter using the entrant's name, likeness, image, voice and/or entry in the event they are the Winner (including photograph, film and/or recording of the same) in any media or any media platform for an unlimited period worldwide without remuneration being paid or owed to the entrant or any additional compensation for the purpose of promoting the Competition (including any outcome), or promoting any products or materials manufactured, distributed and/or supplied by the Promoter or the supplier of the Prize and any related use by the Promoter. The Winner agrees to sign such other documentation as the Promoter may require to confirm these rights.
41. By submitting an entry to the Competition, each entrant assigns all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.
42. It is a condition of accepting a Prize that the Winner agrees to participate in and cooperate with all news, media / PR activities surrounding the Competition or reasonable media editorial requests, including but not limited to, being interviewed, photographed and filmed, and the Winner grants the Promoter a perpetual, irrevocable, non-exclusive, royalty free licence to use such footage and photographs in all media worldwide and the Winner will not be entitled to any fee for such use. The inclusion of any such recordings, footage or photographs (including but not limited to creative control of such recordings, footage or photographs) will remain with the Promoter at all times.
43. If there is a dispute as to the conduct of the Competition, the Promoter reserves the right in its sole discretion, to determine the outcome of the dispute.
44. If this Competition 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 Competition, as the Promoter considers appropriate.
45. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter's ability to proceed with the Competition within the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control, the Promoter may in its absolute discretion cancel or vary the Competition and recommence it from the start on the same conditions, subject to any relevant legislation.
46. As a condition of accepting the Prize, the Winner may be required to sign legal documentation as and in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
47. The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
48. The Promoter is not responsible for any problems or technical malfunction of any computer on-line systems, computer equipment, software, technical problems or traffic congestion on the internet, or any combination thereof related to or resulting in the cancellation of the Competition.
49. The Competition and Consumer Act 2010 (Cth), as well as other laws in Australia, may imply certain conditions, warranties and undertakings, and give the entrant other legal rights. If they apply, these cannot be modified or excluded by any contract. The entrant may consider seeking legal advice as to whether they apply to the entrant.
50. 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 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia. Other than these consumer guarantees, and subject to clause 24, the Promoter makes no warranties about any Prize offered as part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such Prize.
51. Records (including financial accounting, accounting for all entries and report of the distribution of the Prize) of this Competition will be kept for 5 years after delivery of the Prize. Audit records confirming the prize draw can be made available to an authorised officer or member of the police force on request.
52. These Terms and Conditions are governed by the laws of the State of Victoria. Each entrant submits to the exclusive jurisdiction of the courts of the State of Victoria.
Liability and Release
53. Except for any liability that cannot be excluded by law, the Promoter and its related entities and their respective officials, servants, representatives, agents and sponsors (and any of their respective representatives), exclude all liability (including liability in negligence) for any claim, personal injury, death, loss or damage (including loss of opportunity), cost or expense that may be suffered, incurred or sustained by the entrant (including the Winner), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, 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 its receipt by the Promoter); d. any variation in Prize value to that stated in these Terms and Conditions of entry; e. any tax liability incurred by the Winner or an entrant; f. any participation in the Competition; and/or g. redemption and use by the Winner of the Prize.
54. The Promoter and its related entities and their respective Representatives take no responsibility for a defective Prize or a Prize damaged or lost in transit, or late, lost or misdirected mail.
55. The Promoter will not be responsible for any act, omission, failure or delay not reasonably within its control.
56. All entry details become the property of Coolkidz Australia and UPPAbaby Australia. By entering the Competition, each entrant is taken as giving consent to the Promoter collecting and using the entrant's personal information for the purpose of conducting and promoting this Competition (including for the purpose of identifying, notifying and announcing the Winner). Without limiting the foregoing, the Promoter may disclose entrants’ personal information to other parties assisting in the administration of the Competition, including to the Promoter’s related entities, Prize suppliers, external service providers, authorities that regulate this Competition and third parties as required by law. By accepting these Terms and Conditions, the entrant consents to the Promoter, its related entities and business partners (as applicable) using the entrants’ personal information for the purpose of sending direct marketing messages with respect to programs, products and services available through any of all of them.