TERMS & CONDITIONS - WA

Schedule to Terms & Conditions
 

Terms & Conditions

1. These Terms and Conditions incorporate and must be read together with the details outlined in the Schedule above.  The Schedule defines the terminology used in these Terms and Conditions. Information about prizes and how to enter, as displayed on the Promoter’s website, at the Participating Stores or on any social media platforms, forms part of these Terms and Conditions.  Where there is any inconsistency between these Terms and Conditions and the Schedule, the Schedule prevails. By participating in this Promotion, the entrant accepts these Terms and Conditions.
2. 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.
3. The Promotion will be conducted during the Promotion Period.
4. The prize(s) are specified in the Details of Prizes section of the Schedule.
5. The total prize pool is specified in the Total Prize Value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. The Promotion does not involve rounds in which entrants may be eliminated. The winner(s) of the Promotion will be randomly drawn.
8. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent legal and 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 Promotion and they will not be reimbursed regardless of whether or not they win the Promotion.
9. 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.
10. In the absence of evidence to the contrary, the time of entry will be deemed to be the time the entry is placed into the entry box at the Participating Store.
11. The entrant must not:
    1. tamper with the entry process;
    2. engage in any conduct that may jeopardise the fair and proper conduct of the Promotion;
    3. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Promotion;
    4. breach any law; or
    5. behave in a way that is otherwise inappropriate. 
12. 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.
13. The prize(s) is the actual prize on display in the Participating Stores. The Promoter is not responsible for any possible damage to the prize while on display at the Participating Store.
14. 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.  
15. All winners will be ineligible to be awarded more than one prize.
16. The winner does not need to be present at the draw.
17. 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.
18. To claim the prize, the winner must present themselves to the Participating Store at which they won the prize within one (1) month from the Prize Draw to accept delivery of the prize. If the winner does not comply with this requirement, the winner will forfeit the prize and the Unclaimed Prize Draw will take place.
19. From the time that the winner takes delivery of the prize at the Participating Store, the winner will be solely responsible for the prize and all costs, expenses, damage and any other liabilities incurred in connection with its delivery.
20. The Promoter may, at any time, require a winner to produce documentation to establish to the Promoter’s satisfaction the validity of that winner’s entry. This documentation includes the receipt containing the Qualifying Purchase and documentation establishing the winner’s identity, age and place of residency. If a winner fails to comply with this requirement within seven (7) days of the request by the Promoter, the winner will be deemed an ineligible entrant.
21. 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 Promotion Period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
22. 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.
23. The winner(s) name and state/territory of residence will be published in accordance with the Public Announcement of Winners section of the Schedule.
24. If the prize(s) has not been claimed by the time and date in the Unclaimed Prize Draw section 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 and winner may agree in writing to substitute the prize 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 substitute prize.
25. Nothing in these Terms and Conditions restricts, excludes or modifies the application of all or any of the provisions of the any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other statute, Act or law of the Commonwealth of Australia, or any State or Territory thereof which by law cannot be excluded, restricted or modified.
26. Subject to the above paragraph, 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.
27. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms and Conditions 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.
28. 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.
29. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
30. 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 and Conditions or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms and Conditions, 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.
31. 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).
32. 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 and Conditions, 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.
33. 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. The entrant warrants 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 the entrant 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 the entrant may have as an author of content. 
34. 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 available on its website at https://www.monsterenergy.com/au/en/privacy-policy, the Promoter (including third parties ) may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
35. The collection and disclosure of personal information provided in connection with this Promotion will be handled in accordance with the Promoter's Privacy Policy which adheres to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
36. The Promotion and these Terms and Conditions 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.
37. Facebook, YouTube, Instagram, 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, or Snapchat; and to release Facebook, YouTube, Instagram, 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, or Snapchat.