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TERMS AND CONDITIONS - KOOKABURRA/MELBOURNE STARS BALL KID COMPETITION


INTRODUCTION

  1. The Promoter is Kookaburra Sport Inc ABN  77 005 650 644 located at 218 Chesterville Road, Moorabbin, VIC 3189 (the "Promoter") and is conducting this Promotion in association with Melbourne Stars Limited.
  2. The following terms and conditions (“Terms and Conditions”) apply to the Kookaburra ‘Melbourne Stars Ball Kid Competition’ (the “Promotion”).
  3. An entrant is any person who enters the Promotion in accordance with these terms and conditions ("Entrant").  In order to be eligible, an Entrant must be between the age of 10 and 16 years old on the 3 December 2018 and have their parent or legal guardian's consent to enter the Promotion.  The parent or legal guardian of the Entrant must also read and agree to these terms and conditions on behalf of the Entrant.  An Entrant must also be a member of one of the community leagues or associations listed in paragraph 30 of these terms and conditions in order to be eligible to enter the Promotion. 
  4. Information on how to enter the Promotion and prize details form part of these Terms and Conditions.
  5. Through participating in the Promotion, an Entrant is deemed to have agreed to these Terms and Conditions.  By registering, the Entrant and their parent or legal guardian warrant that they have read, understood and accepted these Terms and Conditions.  
  6. Subject to any applicable laws, the Terms and Conditions may be updated by the Promoter at any time and no notice of the updated Terms and Conditions is required to be provided to Entrants.  
  7. Entries not completed in accordance with these Terms and Conditions can be made void at the Promoter's discretion.  Entries can be deemed void if stolen, forged, mutilated or tampered with in any way.
  8. This Promotion is a game of skill.  Chance plays no part in determining the winner.
  9. In order to accept the Prize, an Entrant, and their parent or legal guardian, must be able and willing to travel (at their own expense) to a Melbourne Stars game on a date and time advised by the Promoter. 

10.  For the avoidance of doubt, no flights or accommodation form part of the Prize.  It is the responsibility of the winner, and their parent or legal guardian, to be available and cover any expenses associated with attending a Melbourne Stars game they have been allocated to attend in order to partake in the Prize. 


HOW TO ENTER

11.  The Promotion commences at 9.00am (AEDST) on 2 November 2018 and closes at 9.00am (AEDST) on 3 December 2018 ("Registration Period").

12.  To enter, an Entrant must:

  1. click through to https://a.pgtb.me/KlBpR8 during the Registration Period;
  2. fill in the entry form and answer, in 25 words or less, "why you would make a great ball kid with the Melbourne Stars?";
  3. select which league or association the Entrant is a registered member of; and
  4. agree to these Terms and Conditions and submit the entry (collective, the "Registration Process").  

13.  Subject to any relevant laws, the Promoter reserves the right to extend the Promotion in its absolute discretion.

14.  Entries will be deemed accepted once the Registration Process is completed.  No responsibility will be taken for lost, late or misdirected entries. The Promoter will be in no way responsible for incorrect or insufficient details provided by an Entrant. Should an Entrant’s details, as they were entered during the Registration Process, change, it is the responsibility of the Entrant to provide their updated details to the Promoter.

15.  Entries containing errors or omissions may be accepted at the Promoter’s absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete, indecipherable, or illegible entries or those that contain offensive or defamatory comments or that breach any law or infringe any third-party rights, including intellectual property rights, will be deemed invalid.

16.  Entrants need to between the ages of 10 and 16 years old on 3 December 2018 and be a member of one of the community leagues or associations listed in paragraph 30 of these terms and conditions to be eligible to win.

17.  Employees of the Promoter and agencies, individuals or corporations associated with this Promotion, and their respective immediate families, are ineligible to enter the Promotion.

18.  The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including but not limited to an Entrant’s identity and place of residence), that an Entrant's parent or legal guardian consents, on behalf of the Entrant, to these terms and conditions and disqualify any Entrants who submit an Entry that is not in accordance with these Terms and Conditions or who tampers with the entry process or whom the Promoter believes has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.  

19.  If there is a dispute as to the identity of an Entrant, the Promoter reserves the right in its sole discretion, to make reasonable inquiries as to the identity of the Entrant.  If, after these reasonable inquiries have been undertaken, the Entrant's personal details cannot be verified, the Promoter reserves the right to invalidate that Entrant's entry. 


PRIZE

20.  There will be 8 prize winners for each of the 2018 Melbourne Stars matches (56 prize winners in total).  There will be 7 prize pools, one for each of the community leagues or associations listed in paragraph 30 of these terms and conditions.  For the avoidance of doubt, 8 winners will be selected from each of the 7 prize pools. 

21.  An Entrant will be entered into a prize pool based on the league or association they select at the time of submitting an Entry.  Each match is allocated to a different community league or association, ensuring all winners are registered within that league or association. 

Each prize winner will receive:

  1. the opportunity to act as a ‘Kooka Ball Kid’ on-field at a designated Melbourne Stars game* at a match they have been allocated to attend based on the prize pool they have entered; and
  2. one Kookaburra Ball Kid uniform and pack, and General Admission ticket for a parent/guardian (the "Prize").

The total value of a of each Prize is $200 (including GST)

*A winner, and their parent or legal guardian, must be available on the day of a Melbourne Stars game that is designation by the Promoter as the game the winner will act as a ‘Kooka Ball Kid’ for, and travel to the game at their own expense.  The winner, and their parent or legal guardian, must sign any agreements that the Promoter requires the winner and their parent or legal guardian to sign as a condition to being a ‘Kooka Ball Kid’ on the day of the relevant Melbourne Stars Home Game. 

22.  For the avoidance of doubt, there will be 56 Prizes in total and no other prizes will be awarded.

23.  Each Entrant is eligible to win 1 Prize only. 

24.  The Promoter will advise the winners about how and when they are to accept their Prize. If for any reason the winner does not take the Prize at the time stipulated by the Promoter, the Prize will be forfeited.  When this occurs, the Promoter reserves the right to award the Prize to an alternative Entrant. 

25.  The Prize (or any used or unused portion thereof) is not transferable, exchangeable or redeemable for cash. The prize value is in Australian dollars exclusive of GST and is based on recommended retail value of prize components at the time of printing.

26.  The Promoter accepts no responsibility for any variation in the value of the Prize.

27.  If any elements of the Prize are unavailable, for any reason, the Promoter, in its discretion, reserves the right to substitute the Prize or elements of the Prize with a different prize or different elements of the prize to the equal value and/or specification and/or an alternative date.

28.  To the extent permitted by the law:

  1. the Promoter makes no representations or warranties as to the suitability of the prizes; and
  2. no compensation will be payable if, for any reason, a winner is unable to use the prize as stated.


AWARD OF PRIZE

29.  The promotion is a game of skill and the prizes will be awarded to 8 Entrants from each league or association based on the originality and creativity of their answer to the question: “Tell us in 25 words or less why you would make a good Kookaburra Ball Kid?”.  8 Entrants from each of the 7 eligible leagues or associations outlined in paragraph 30 of these terms and conditions will be selected as winners. Winner selection will take place at the Promoter’s offices at 218 Chesterville Road, Moorabbin, VIC 3189 on 3 December 2018.

30.  Entrants must be a registered member of one of the following community leagues or associations in order to be eligible to enter the Promotion:

  1. Mornington Peninsula Cricket Association
  2. Dandenong & District Cricket Association
  3. La Trobe Valley Cricket Association
  4. Ferntree Gully District Cricket Association
  5. Gold Coast Cricket Association
  6. Eastern Cricket Association
  7. Box Hill Reporter District Cricket Association

31.  There will be 7 prize pools, one for each of the community leagues or associations outlined above.  An Entrant will be entered into a prize pool based on the community league or association the Entrant specifies they are a member of at the time of submitting an entry. 

32.  In order to partake in a Prize, a winner will be required to attend a match the Promoter has allocated for each of the prize pools. 

33.  The promoter will appoint a panel of judges in order to determine the winner. 

34.  The winners of the prize will be notified by email within 2 business days of the selection process using contact details the winner entered during the Registration Process.

35.  The Promoter’s decision in relation to any aspects of the Promotion is, subject to State and Territory legislation, final and binding on every person who enters, and no correspondence will be entered into.

36.  In the event that the winner is unable to be contacted, and all reasonable methods of communication are unsuccessful, or in the event a winner is unable to take the Prize as awarded in accordance with these Terms and Conditions, unclaimed prizes will be distributed by an unclaimed prize selection of eligible Entrants at 218 Chesterville Road, Moorabbin, VIC, 3189 on 10 December 2018. The winner(s) of any unclaimed prize selection will be notified by email within 2 business days of selection.  Any redraw will be undertaken in accordance with the prize selection process outlined in these terms and conditions. The prizes offered by this Promotion remain the property of the Promoter until claimed by the respective prize winners.

37.  The Promoter will keep records for three years after the completion of the Competition, which provide:

  1. An accurate financial accounting of the competition and all entries; and
  2. An accurate reporting of the distribution of the prizes.

38.  It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize (as provided by Melbourne Stars on match day) and prize supplier’s requirements as well as all these Terms and Conditions.

39.  The Melbourne Stars Terms and Conditions for Ball Kids will be distributed to winners.

40.  The Promoter will own all entries submitted as a part of the Promotion. 


GENERAL

41.  Entrants consent to the Promoter using the Entrant’s (and their officers and agents) name, likeness, image, voice and/or other attributes in the event they are the winner (including any photograph, film and/or audio-visual recording of the same) in any media, on any media platform and for an unlimited period without any remuneration being payable or owed to the winner, where such use is for the purpose of promoting the Promotion (including any outcome) or promoting any products or materials manufactured, distributed and/or supplied by the Promoter.

42.  If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of the Promoter (including but not limited to injury, death, vandalism, power failures, tempests, natural disasters, acts of god, civil unrest, strike, war, act of terrorism), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:

  1. To disqualify any Entrant; or
  2. To modify, suspend, terminate or cancel the Promotion, as appropriate

43.  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 Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury suffered or sustained in connection with this Promotion or prizes; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:

  1. Any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
  2. Any theft, unauthorised access or third-party interference;
  3. Any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
  4. Any variation in prize value to that stated in these Terms and Conditions;
  5. Any tax liability incurred by a winner or Entrant; or
  6. Use of the Prize.

44.  As a condition of accepting the Prize, the winner and their parent or legal guardian may be required to sign legal documentation as, and in the form, required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity from.

45.  The Promoter is not responsible for any incorrect or inaccurate information either caused by programming associated with or utilised in the Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of the Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line, mobile or satellite network failure, theft or destruction or unauthorised access to or alterations of entries.

46.  The Promoter collects personal information in order to conduct the Promotion and entry into the promotion is conditional on the provision of this information by an Entrant. Information about an Entrant may also be used by the Promoter and may be disclosed and used by  third parties, including but not limited to agents, contractors, service providers, prize suppliers and related companies for the purposes of carrying out promotional, marketing, planning, product development, publicity, research and profiling purposes, including sending electronic messages, direct mail and telephoning the Entrant, unless the Entrant withdraws their consent to the use of their information in this manner. Entrants should direct any request to access, update, withdraw, correct information, or request not to receive information about future promotions or further correspondence by emailing the Promoter at enquiries@kooka.com.au.

47.  Personal Information provided when entering the Promotions is necessary for the conduct and management of the Promotion and will be collected, used and disclosed in accordance with the Promoter’s Privacy Policy (available by emailing enquiries@kooka.com.au). Entrants acknowledge that the Promoter may use or disclose personal information for the purposes of conducting and administering the Promotion or promotional material or otherwise in accordance with the Promoter’s Privacy Policy. For the avoidance of doubt, by entering their Promotion, the Entrant acknowledges and agrees that their details will be added to the Promoter’s mailing database and marketing communication systems, which may include marketing and communication via SMS.