
Win Your Ultimate Experience with DeBeer Refinish Competition
Terms and Conditions
Promotion name
Win Your Ultimate Experience with DeBeer Refinish
Eligible States/Territories
National and New Zealand
Promotion period
Start: 07 Apr 2022 10:00 AM AEST
End: 29 May 2022 11:59 PM AEST
No entries will be accepted outside this time.
Website address
swautopromo.com
Promoter
VALSPAR AUTOMOTIVE AUSTRALIA PTY LIMITED
ABN: 41 080 461 230
4 Hawke Street
Kincumber NSW 2251
Eligible entrants
Entry to the Promotion is open to Australian residents in all eligible states/territories, and New Zealand residents who fulfil the method of entry requirements and are 18 years of age or older.
Entry to the Promotion is only open to employees of bodyshop repairers.
Details of prizes
1st Prize:
- $3000 RedBalloon Voucher *
2nd Prize:
- $1000 RedBalloon Voucher*
3rd Prize:
- $500 RedBalloon Voucher*
4th Prize
- $500 RedBalloon Voucher*
These terms and conditions apply to the use of the RedBalloon Australia and New Zealand websites found at www.redballoon.com.au and www.redballoon.co.nz respectively. In addition, the Big Red Group Privacy Policy applies to your use of these websites.
These terms and conditions specifically refer to the following products and services which may be purchased or accessed via our websites:
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Experience Vouchers, Gift Certificates ('Gift Voucher')/ Gift Cards
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Experience Voucher – a RedBalloon voucher for a specific experience.
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Gift Certificate ('Gift Voucher')/Card – a RedBalloon voucher with a dollar value that can be used as currency to purchase from a RedBalloon website.
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Direct Ship Items (RedBalloon Gifts & Hampers, and Movie Tickets)
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RedBalloon Account Credits
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These are credits applied to RedBalloon customer accounts which carry a dollar value that can be used to purchase from a RedBalloon website.
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RedBalloon Program points
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Part of some Corporate programs, points are used as currency to purchase from the relevant Corporate program website.
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Throughout these terms and conditions, the above products and services are collectively referred to as 'RedBalloon Gift(s)'.
Table of Contents:
1. Making a Purchase
When you purchase an experience voucher or Gift Card and/or use a RedBalloon Gift and tick the box that says 'I understand and accept the Terms and Conditions', you become legally bound by these terms and conditions and the Big Red Group Privacy Policy. Please do not proceed to purchase/use your RedBalloon Gift until you have read, understood and accepted these terms and conditions.
When you make a purchase on behalf of another individual (such as purchasing an experience or gift card for them) and you provide us with their personal information, you warrant that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our privacy policy. This would include, for example, using their email address to undertake delivery of the purchase.
If you have any queries, please contact us and we will be pleased to assist.
Australia
Phone: 1300 87 55 00
+61 2 8074 7316 (outside Australia)
E-mail: info@redballoon.com.au
New Zealand
Phone: 0800 555 023
+61 2 8074 7316 (outside New Zealand)
E-mail: info@redballoon.co.nz
Please note: Vouchers purchased on redballoon.com.au in Australian Dollars and gift cards purchased in Australian retailers in Australian Dollars cannot be redeemed or used to purchase experiences on the New Zealand website, redballoon.co.nz. Similarly, vouchers purchased on redballoon.co.nz in New Zealand Dollars and gift cards purchased in New Zealand retailers in New Zealand Dollars cannot be redeemed or used to purchase experiences on the Australian website, redballoon.com.au.
2. Gift Voucher Refunds
14 Day Change-of-Mind Refund Policy
If you have purchased an Experience Voucher from RedBalloon, you can request a refund of the Experience Voucher within 14 days of the purchase date if you have a change-of-mind. The refund excludes any delivery or transaction fees paid at the time of purchase. The change of mind refund excludes Physical products.
Conditions of Refund:
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Change-of-mind refunds are only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been booked on the RedBalloon system. Once you have requested a booking, your voucher cannot be cancelled and is not refundable for a change-of-mind, but may be subject to a credit if the experience cannot be fulfilled.
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The refund will be processed back to the purchaser only.
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Any RedBalloon account credits used for the purchase will be refunded in the same form of tender.
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The Change-of-Mind Policy does not apply to Dollar Gift Certificates, Gift Cards, E-Gift Cards, Gift Products, or any purchases made through a rewards platform points system (eg. Redii or other partner platforms).
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After the elapse of 14 days from the purchase date, no refunds will be granted for ‘Change-of-Mind’. Un-used, un-expired vouchers can now be exchanged free of charge (please refer to conditions of Exchange).
Guarantees and Warranties required by law
The Change of Mind policy above is in addition to your rights under both Australian and New Zealand Consumer Law in respect of guarantees and warranties for our products and services which by law cannot be excluded.
You should contact RedBalloon with any issues with a product or experience voucher purchased through RedBalloon. Upon receiving your query, RedBalloon will contact the supplier or Experience Provider to endeavour to resolve the issue on your behalf. If your issue cannot be resolved, we will provide you a remedy in accordance with your statutory consumer guarantee rights and these terms and conditions.
In particular:
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In respect of products purchased on RedBalloon (e.g. Gifts & Hampers and their contents) they must be of acceptable quality, free from defects, match what was advertised and be reasonably fit for the purpose considering the prices and description provided to you at the point of sale. If there is a major failure with the product not fulfilling any of these criteria then you will be entitled to a refund in accordance with your statutory consumer guarantee rights so long as the complaint is made to us within a reasonable period of time.
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In respect of services it is the independent Experience Providers who provides the experience to you following the redemption of an experience voucher (see section 11). You will be entitled to a refund in accordance with your statutory consumer guarantee rights if there is a major failure with the Experience Provider not providing the experience with due skill and care, not providing the experience within a reasonable period of time within the validity period (18 months), or with the experience not being fit for the purpose described at the point of sale.
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Where the Consumer Law does not apply to a circumstance beyond the control of either or both of RedBalloon or the Experience Provider, RedBalloon will provide you with a credit.
Please note that refunds can only be processed back to the original purchaser.
3. Exchange of RedBalloon Gifts
Experience Vouchers
The purchaser or recipient of an experience voucher, at any time during the validity period, can make a booking, for any experience on the RedBalloon website. The experience presented on the voucher is only a suggestion from the purchaser of the voucher. The voucher holder is not limited to the experience displayed on the voucher.
Conditions of exchange:
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Change in experience choice is only permitted for valid vouchers that have not been used, i.e. where an experience date has not yet been requested on the RedBalloon system.
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Any experience voucher changed for an alternative experience will maintain the original expiry date of the voucher.
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If the new experience chosen is of lesser value, any remaining balance will be held on your RedBalloon account. This amount is subject to the same expiry date as the original voucher. If you choose an experience of higher value, you will be required and prompted to pay the difference.
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The value of your voucher that becomes available does not include any delivery or transaction fees paid at time of purchase.
Gift Certificates
Exchanges for change-of-mind do not apply to Gift Certificates.
Gift Cards & E-Gift Cards
Defaced, mutilated, altered, lost or stolen gift cards will not be replaced, refunded or redeemed. Gift cards are redeemable for any product on the RedBalloon website. They are not redeemable for cash and cannot be refunded or exchanged for change-of-mind. Gift cards cannot be used in conjunction with promotional offers. Gift cards will expire 5 years from the date of issue. If the date of issue is not specified, the expiry date will be 5 years after the date of purchase. Will be void and may not be redeemed after expiry date. Cannot be reloaded. Cash will not be given for any unused amount. Purchases exceeding available balance require difference paid by other method. We reserve the right to change the terms contained in these Terms of Use at any time. To check balance or expiry date visit redballoon.com.au/giftcards
Gift cards purchased on or after 1st October 2017 will have an expiry date of 5 years.
Gifts & Hampers
Once a RedBalloon Gifts & Hampers product has been purchased and dispatched, it cannot be exchanged for change-of-mind.
4. Prices
We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia and 15% in New Zealand.
RedBalloon charges a transaction fee to recover the costs it incurs for credit card payments. RedBalloon charges no fees for payments made using other accepted payment methods. Fees will not apply when redeeming a gift voucher or using RedBalloon credit. In addition, the transaction fee will be capped at a maximum of $15.
Transaction fees vary dependent on the payment method chosen.
If transaction fees apply, the transaction fees charged will be clearly displayed to RedBalloon customers at the time of purchase.
Sometimes, despite our best efforts, products may be incorrectly displayed on our website at a price that is lower than the correct price. Where there is such a manifest error, we will notify you of the error as soon as possible to provide you with the option of purchasing the product at the correct price. In the event that you do not wish to pay the correct price, we reserve our rights to cancel your order, in which case we will refund you any payments that you have made to us in respect of that product.
5. Transfer of RedBalloon Gifts
Gift Vouchers
All valid and unused RedBalloon Gift Vouchers are fully transferable. RedBalloon accepts no responsibility for any stolen or fraudulent Gift Vouchers. It is the holder's responsibility to ensure the safe keeping of the Gift Voucher(s).
Gift vouchers (including experience vouchers, gift certificates, gift cards and e-gift cards) may not, without the prior written consent of the Big Red Group, be resold or offered for resale (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes. If a gift voucher is sold or used in breach of this condition, the gift voucher may be cancelled without a refund and holder of the gift voucher will be unable to use the gift voucher. Big Red Group cannot guarantee the validity of any gift voucher offered for resale on 3rd party websites such as Viagogo, Facebook, eBay or Gumtree.
RedBalloon Account Credit and Program Points
These may not be transferred under any circumstances.
Gifts & Hampers
Transfer does not apply to RedBalloon 'Gifts & Hampers'.
6. Lost Gift Vouchers
If a RedBalloon Gift Voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them.
Conditions for replacement of lost RedBalloon Gift Vouchers:
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The voucher is still valid and has not yet been exchanged or used.
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Proof of purchase is provided; either an order number, purchaser's full name or purchaser's email address.
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RedBalloon is able to correctly verify you as the original recipient.
Please note it is the voucher recipient's responsibility to obtain and provide RedBalloon with all required verification details. Failure to do so will mean no replacement voucher can be issued.
7. Expiry & Extensions: Gift Vouchers
Experience Vouchers
Experience Vouchers
Experience Vouchers will remain valid for 60 months from the date of purchase subject to the following;
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If the Experience Voucher is not booked and taken within 18 months the amount paid for the voucher will be preserved for a further 42 months but the experience supplier will not be obliged to offer the experience nor to offer the experience at the same price.
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After 18 months, if the price of the experience has increased, an additional amount will need to be paid at the time of booking.
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After 18 months, if the experience is no longer available a RedBalloon Account Credit will be provided for the amount paid for the voucher.
If your gift voucher is close to or has expired up to a maximum of 90 days past the expiry date, you can request an extension for a maximum of 90 days. This will incur a $30 extension fee paid at the time of extension.
If your gift voucher has been expired for greater than 90 days the voucher cannot be extended under any circumstances. Expired vouchers are non-refundable in whole or in part. After a voucher has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of RedBalloon.
If you are eligible for an extension, please contact our Customer Experience team by getting in contact here. Please note an extension can only be granted once per voucher.
Vouchers purchased on or after 1st October 2017 will have an expiry date of 60 months.
Gift Certificates or Gift Cards
Gift Certificates/ Cards must be used within 60 months (5 years) of purchase.
8. Expiry & Extensions: RedBalloon Account Credits
RedBalloon Account Credits carry the same expiry date as the original Experience Voucher, Gift Certificate or Gift Card. Expired RedBalloon Account credits are non-refundable in whole or in part. After credit has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of RedBalloon.
Extensions for use of RedBalloon Account Credits are not permitted under any circumstances.
9. Gift Voucher Delivery
It is the responsibility of the purchaser to correctly address gifts, whether by email, post or courier. RedBalloon cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
All Gift Vouchers are dispatched from RedBalloon's fulfilment partner based in Sydney.
In New Zealand - through our fulfilment partner, Orangebox in Auckland.
A redelivery charge will apply (depending on the delivery method chosen) if the item is lost after receipt, if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.
In some circumstances where delivery has been attempted but unsuccessful, the item will be taken to the nearest post office.
Gift Voucher Delivery via Email
RedBalloon is not liable or responsible for any loss suffered as a result of a Gift Voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Voucher, please contact us to send vouchers to an alternative email address. Alternatively, we can change the delivery method which would incur the normal delivery fee of that service.
Delivery via Standard Post
Australia
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Standard Post delivery is via Australia Post. RedBalloon accepts no responsibility for any damage, loss or delay as a result of using Australia Post's service. If for any reason your Gift Voucher doesn’t arrive, please contact us immediately and we can arrange for the Gift Voucher emailed to you free of charge.
New Zealand
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Standard Post delivery is via New Zealand Post. RedBalloon accepts no responsibility for any damage, loss or delay as a result of using New Zealand Post's service. If for any reason your Gift Voucher doesn’t arrive, please contact us immediately and we can arrange for the Gift Voucher emailed to you free of charge.
Delivery via Express Post
Australia & New Zealand
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Express Post delivery to physical locations is provided via Australia Post.
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RedBalloon accepts no responsibility for any damage, loss or delay as a result of using postal services.
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RedBalloon can provide you with an Australia Post Express Post tracking code in the event you need to locate the whereabouts of your delivery.
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Express Post deliveries do not require a signature and will be delivered to the specified recipient's physical postal address provided at time of purchase.
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Physical postal addresses can only be changed on the same date of purchase during the existing operating hours of the RedBalloon Customer Experience Team, by calling in and speaking with one of our Customer Experience Consultants. Our support hours can be viewed here
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If the physical postal address provided at time of purchase is incorrect, a redelivery charge of $15.00 for Express Post will apply for the item to be resent.
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During December and January, our Fulfilment Centre observes certain closure dates where physical orders are unable to be fulfilled. Closure dates are publicised on our physical product pages prior to purchase.
10. Delivery of Direct Ship Items
Direct Ship items refers to RedBalloon Gift Products, and Movie Tickets.
It is the responsibility of the purchaser to correctly address gifts. RedBalloon cannot be held responsible for any damaged, missing or delayed orders where:
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Incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided.
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It has been requested that the item be left unattended
We strongly recommend using a business address for delivery. Residential addresses may cause missed delivery issues.
RedBalloon Gifts Products
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RedBalloon 'Gifts & Hampers' products are normally dispatched via Australia Post E-Parcel. RedBalloon accepts no responsibility for any damage, loss or delay as a result of using this service. Couriers deliver between 9am and 5pm (Mon-Fri) and specific dates and times cannot be guaranteed. All 'Gifts & Hampers' deliveries must be signed for (unless specified to leave unattended) and we cannot deliver to PO Boxes. A redelivery charge of $16.50 will apply if the recipient is unavailable for receipt of delivery, if the delivery address is incorrect or if there is no safe place to leave the item.
Movie Tickets
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Movie Tickets are delivered via various courier services in both Australia and New Zealand. RedBalloon accepts no responsibility for any damage, loss or delay as a result of using this service. In the event you need to track the item, we will contact the provider on your behalf and provide you with the necessary tracking info if available.
11. Providers of Experiences
Nothing in these terms (including the exclusions and limitations in this section 11) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law (for more information see section 2 and section 13).
Subject to such legislation:
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Gift Vouchers are sold by RedBalloon as agent for businesses that provide lifestyle and recreational services to customers ('Experience Providers').
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RedBalloon provides the Gift Voucher and the contract with RedBalloon is not finalised until the experience has been fulfilled by the Experience Provider.
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RedBalloon is not a provider of experiences and Experience Providers provide these services directly to customers. RedBalloon has no responsibility for any services or experiences provided or not provided to you by the Experience Provider or any other party.
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RedBalloon makes no warranty or representation regarding the standard of any service to be provided to you by the Experience Provider.
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All RedBalloon vouchers are issued subject to the terms and conditions of each Experience Provider and these RedBalloon terms and conditions.
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RedBalloon does not control the business operations of any Experience Provider.
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RedBalloon make no guarantees or warranties about the services that are provided to you by the experience providers.
12. RedBalloon's Liability
Nothing in these terms (including the exclusions and limitations in this section 12) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law (for more information see section 2 and section 13).
Subject to such legislation, RedBalloon has:
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No liability for any act, omission or default, whether negligent or otherwise of any experience provider or third party.
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No liability for any loss or damage occasioned by any negligent act or omission of any experience provider or third party.
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Where RedBalloon's liability cannot be excluded, such liability is limited to the value of the Gift Voucher purchased.
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Where an experience cannot be fulfilled on a temporary basis due to a circumstance beyond the control of either or both of RedBalloon or the Experience Provider, RedBalloon will provide you with a credit to use once those circumstances resolve.
13. Availability of Experiences
All experiences are offered by experience providers subject to availability. Bookings are recommended to be made at least 3 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received the email entitled "RedBalloon booking confirmation". Please be advised that some experiences display availability dates on the website. These dates are guidelines only and are subject to change. We suggest that if you plan to purchase a voucher for a date listed at short notice, you contact us to ensure there is still availability before completing the transaction.
All RedBalloon experiences are subject to removal from our website at any time without notice.
In the event that you have sought to fulfil your experience by booking and that experience is removed from the site and the experience provider is no longer honouring bookings or the experience is otherwise no longer available, you will be offered a choice of remedy in accordance with your statutory consumer guarantee rights such as a RedBalloon Account Credit for the value of the voucher (which will be given to the holder of the voucher), for an alternative experience of the same value (if available). In the event no reasonable alternative is available and the experience is still within the validity period (18 months from date of purchase). RedBalloon will provide or a refund back to the original purchaser only (for more information on your statutory consumer guarantee rights see section 2). If the voucher is outside the validity period you will be offered a RedBalloon Account Credit for the value of the voucher. The RedBalloon Account Credit will have the same expiry date as the original experience voucher.
Where you receive a refund, the refund will be processed back to the purchaser only (we are unable to provide a refund to the recipient of an experience voucher) for the original amount paid excluding any delivery and transaction fees. Where the original purchase was made by RedBalloon Gift Voucher, Gift Card or Account Credit, the experience voucher will be credited in the original form of tender.
RedBalloon accepts no liability for the removal of experiences from the website (subject to your statutory consumer guarantee rights, for more information see section 2).
14. Contact Details Given to Experience Providers
It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process on a RedBalloon website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. As the experience provider will be expecting you, you may end up forfeiting your voucher (subject to the experience provider's terms and conditions).
15. Booking Cancellations
Our experience providers have their own cancellation policies which you are bound to follow. Please refer to the cancellation terms section on the product description page for the policy specific to your chosen experience. In the case of short notice cancellations by you, you may lose your voucher completely if the experience provider is unable to fill your space on the day. If an experience provider needs to cancel an experience for any reason, you will be offered to reschedule to a convenient alternative, or provided with a credit from the supplier. if the experience provider is unable to reschedule, please contact Redballoon within 7 days from the date of cancellation to arrange a recredit to the payment method you used to make the booking. In the event of multiple experience cancellations by the Experience Provider or if the Experience Provider cannot reschedule within a reasonable period of time, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights (for more information see section 2). Except as required by your statutory consumer guarantee rights (for more information see section 2), RedBalloon will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation.
16. The Weather
Many experiences are weather dependent. You will have the Experience Provider's details so you can call to confirm whether adverse weather affects your proposed experience. We suggest you call on the morning of your experience if you have any doubt about the weather suitability. If bad weather affects a booking, you will be offered alternative times to reschedule at no cost to you, or provided with a credit from the supplier. if the experience provider is unable to reschedule, please contact RedBalloon within 7 days of the cancellation to arrange a recredit to the payment method you used to make the booking. In the event of multiple cancellations for adverse weather or if the Experience Provider cannot reschedule within a reasonable period of time, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights (for more information see section 2).
17. Complaints or Problems During Your Experience
If you have a problem or a complaint on the day of your experience, please bring this to the experience provider's attention immediately so that issues may be addressed on the spot, where possible.
18. Insurance
Some of the experiences that we promote as an agent are considered dangerous. Prior to ordering or participating in any experience you should be aware of the risks involved. RedBalloon can provide further information if you are in any doubt about any experience. Experience providers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever (subject to your statutory consumer guarantee rights, for more information see section 2). The responsibility rests with you to make independent enquiries with the experience provider or other third parties as to the need to acquire your own insurance cover.
19. Descriptions of Experiences and Gift Products
Experiences
Independent experience providers provide the information about their experiences. We try to ensure that our promotional information is accurate and up-to-date. However, the content or format of some experiences may change slightly from time to time. The experience provider (upon confirmation of each booking) will provide the final details about each experience. The experience provider will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the experience provider's terms and conditions at the time your booking is confirmed by the experience provider.
Gift Products
At certain times we may need to change the contents of RedBalloon 'Gifts & Hampers', for example where individual items are out of stock or have become obsolete. We will ensure that any replacement item is of comparable quality and if this is not possible, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights (for more information see section 2).
20. Illustrations on Our Sites
The photographs used on our websites to illustrate single or multi-location experiences are provided to us by experience providers and are used as an indication only of the machines, vehicles, craft, venues and animals you will experience.
21. Experience Locations
RedBalloon experience providers are located at many of Australia and New Zealand's best locations. We are continually adding locations but occasionally we may need to stop featuring some venues. Where locations are described as "Australia-wide" or "New Zealand-wide" the description is indicative only. Some experiences may not be available in remote areas.
22. Experience Session Length
Experience session lengths are approximate and are given by experience providers as a guide to the total time you will be at their venue. Unless otherwise stated, you will normally take your turn with the experience provider's other customers and there may be waiting time involved. Any itinerary provided to you is indicative only and the order of events may change.
23. Restrictions on Taking Experiences
Certain experiences provided by experience providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience or forfeit the experience all together. It is your responsibility to adhere to the State-based rules (for Australian customers) or New Zealand Government rules (for NZ customers) and guidelines relating to COVID-19. You may be turned away on the day of the experience if you are not able to produce evidence that you have complied with the State or Government-based regulations, such as full vaccination or medical exemption. Failure to adhere to these or other State or Government-based guidelines may result in forfeiture of monies paid. Please refer to section 15 - Cancellations.
24. Promotional Offers
For all RedBalloon promotional terms and conditions please click here.
25. Other Information
The text and illustrations (including photographs) used by RedBalloon are protected by copyright and must not be copied in whole or in part with the express permission of RedBalloon.
26. RedBalloon Legal Entities
The RedBalloon Australia and New Zealand websites (www.redballoon.com.au and www.redballoon.co.nz) are owned and operated by RedBalloon Pty Ltd (ABN 13 097 376 442) and RedBalloon NZ Ltd (CO. # 1417960 / GST # 86 288 370) herein referred to as "RedBalloon". We reserve the right to change these terms and conditions without notice.
27. Information security
Notwithstanding the reasonable steps taken to keep information secure, breaches may occur. In the event of a security incident we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving personal information, and if so, to assess if it is a breach that would require notification. If it is, we will notify affected parties in accordance with Privacy Act requirements.
In the event of a security incident involving unauthorised access, use or disclosure of personal information where a third party with whom we share personal information is involved, we will seek to work cooperatively with them to protect the personal information we have shared with them.
28. Competition Terms & Conditions
For all RedBalloon competition terms and conditions please click here.
29. Customer ratings and reviews terms of use
We encourage you to leave feedback on your experience with RedBalloon and the experiences RedBalloon offers.
All submitted content is subject to these terms of use. In the event of a conflict between these terms and RedBalloon’s Privacy Policy, these terms will prevail to the extent of the inconsistency.
By submitting any content to RedBalloon, you represent and warrant that:
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You are the sole author and owner of the intellectual property rights of the content of your review, and that the content of your review does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
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For any content that you submit, you grant RedBalloon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you;
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All "moral rights" you may have in such content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by RedBalloon;
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You are at least 18 years old if completing a review for an experience that includes alcohol;
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You have not been compensated or granted any consideration by any third party for your review, and that you are providing your review in good faith and in the spirit in which the process is intended;
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Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity;
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The content you provide to RedBalloon: is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
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The content you provide does not contain any of the following types of content or violates other guidelines: Obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.
You agree to indemnify and hold RedBalloon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (direct or indirect) including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
All content that you submit will be used at RedBalloon’s sole discretion. RedBalloon reserves the right to change, condense or delete any content on RedBalloon’s website that RedBalloon deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. RedBalloon does not guarantee that you will have any recourse through RedBalloon to edit or delete any content you have submitted. You acknowledge that you, not RedBalloon, are responsible for the contents of your submission. None of the content that you submit will be subject to any obligation of confidence on the part of RedBalloon, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that RedBalloon and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
From time to time RedBalloon may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.). As it is important to RedBalloon that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.
Promoter is RedBalloon Pty Limited, ABN 13 097 376 442.
Phone: 1300 875 500
Address: Level 13, 10-16 Queen Street, Melbourne, VIC, 3000.
Permit Number: LTPM/15/00571
30. Dine & Discover NSW Vouchers
By using a Dine & Discover NSW voucher when purchasing from the site you are bound by the additional terms and conditions for the Dine & Discover NSW Voucher Scheme below:
Dine & Discover - Discover restrictions
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Discover NSW vouchers are single use only. Any balance of funds remaining on the voucher will be forfeited.
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Only eligible to be used on products showing the “Discover” tag on site and cannot be used for Gift Vouchers or Gift Cards.
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Promotional codes cannot be used in conjunction with Discover NSW vouchers.
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Individuals are unable to redeem more than one voucher at the same business on the same day.
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Discover NSW vouchers can be combined with another person’s Discover NSW voucher in one transaction as long as the transaction contains an equivalent number of eligible Discover products.
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Cannot be used for tobacco, alcohol or gambling.
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Discover NSW vouchers will expire 30th June 2022.
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For full terms and conditions, visit the Service NSW website here
Dine & Discover - Parents NSW restrictions
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Parents NSW vouchers are single use only. Any balance of funds remaining on the voucher will be forfeited. Only eligible to be used on products showing the “Parent” tag on site and cannot be used for Gift Vouchers or Gift Cards.
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Promotional codes cannot be used in conjunction with Parents NSW vouchers.
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You can use multiple Parents NSW vouchers for the same purchase up to a total of $250
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You can combine your vouchers with another person's Parents NSW vouchers up to a total of $250 towards the same bill.
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You cannot combine a Discover NSW voucher with a Parents NSW voucher - only one voucher type may be used per adult.
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Cannot be used for food, drinks, Dine NSW experiences, spa services or accommodation.
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Parents NSW vouchers will expire 9th October 2022.
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For full terms and conditions, visit the Service NSW website https://www.service.nsw.gov.au/transaction/apply-parents-nsw-vouchers
Dine & Discover - Dine restrictions
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Dine NSW vouchers are single use only. Any balance of funds remaining on the voucher will be forfeited. Only eligible to be used on products showing the “Dine” tag on site and cannot be used for Gift Vouchers or Gift Cards.
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Promotional codes cannot be used in conjunction with Dine NSW vouchers.
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Individuals are unable to redeem more than one voucher at the same business on the same day.
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Dine NSW vouchers can be combined with another person’s Dine NSW voucher in one transaction as long as the transaction contains an equivalent number of eligible Dine products.
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Cannot be used for tobacco, alcohol or gambling.
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Dine NSW vouchers will expire 30th June 2022.
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For full terms and conditions, visit the Service NSW website here
Total number of prizes
4
Total prize value
Total prize pool (inc GST): $5,000.00
Method of entry
To enter, an entrant must, during the promotional period:
Enter via the competition website https://www.swautopromo.com/ by completing all the fields and submitting the online entry form as well as answering the weekly question to automatically gain one entry into the competition.
Maximum number of entries
There will be 8 weekly questions during the promotion period. A maximum of ONE entry PER week, per applicant applies for the promotional period.
The entrant can only win one prize in this promotion (except for SA residents).
Prize draw
A random prize draw will occur 12:00 PM AEST on 30 May 2022.
The first randomly drawn entry will win 1st Prize. The second randomly drawn entry will win 2nd Prize. The third randomly drawn entry will win 3rd prize. The fourth randomly drawn entry will win 4th prize.
Location of draw:
VALSPAR AUTOMOTIVE AUSTRALIA PTY LIMITED
4 Hawke Street
Kincumber NSW 2251
Notification of winners
Winners will be notified via Email & phone no later than 02 Jun 2022.
Public announcement of winners
The winners of all prizes will be published here:
swautopromo.com on 03 Jun 2022
https://www.facebook.com/ValsparAutomotive on 03 Jun 2022
Unclaimed prize draw
A random unclaimed prize draw will occur 10:00 AM AEST on 30 Aug 2022
Location of draw:
VALSPAR AUTOMOTIVE AUSTRALIA PTY LIMITED
4 Hawke Street
Kincumber NSW 2251
Notification of unclaimed prize winners
Unclaimed prize winners will be notified via Email & phone no later than 31 Aug 2022.
Public announcement of winners from unclaimed prize draw
The winners of all unclaimed prizes will be published here:
swautopromo.com on 03 Sep 2022
Permit reference
Authorised under
ACT Permit No. TP 22/00514
Terms & Conditions of entry
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Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
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Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-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.
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The Promotion will be conducted during the Promotion period.
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The Prize/s are specified in the Details of prizes section of the Schedule.
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The total prize pool is specified in the Total prize value section of the Schedule.
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Any prize is valued in Australian dollars unless expressly stated to the contrary.
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All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
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Entrants agree to comply with any conditions which accompany the Voucher.
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Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
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Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
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The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
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The time of entry will be deemed to be the time the entry is received by the Promoter.
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Entrants may submit up to the Maximum number of entries (if applicable).
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The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
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The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
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The winner does not need to be present at the draw unless expressly stated to the contrary.
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The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
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The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
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It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
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The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
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If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
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To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
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If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
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Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
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The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
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The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
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Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
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In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
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All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
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Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
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The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
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The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.