Father's Day Social Media Competition Terms & Conditions

August 21, 2023 by Con Zagas

PROMOTION TERMS AND CONDITIONS – GAME OF SKILL

General Terms 

• Information on how to enter and prize(s) form part of these Terms and Conditions. Participation in this Promotion (“Promotion”), is deemed acceptance of these Terms and Conditions. 

 Eligibility 

• To enter, you must be an Australian resident aged 18 years or over.
• _{The following are ineligible:}
• _{employees of realestate.com Pty Ltd ACN 080 195 535 and the Immediate Family of all such employees;}
• _{franchisees of Mortgage Choice Pty Limited ACN 009 161 979 and Smartline Operations Pty Ltd ACN 086 467 727 and employees or contractors of such franchisees and the Immediate Family of all such employees and contractors;}
• _{the suppliers and agencies associated with this Promotion and employees or contractors of these suppliers and agencies.}
• _{In these Terms and Conditions, Immediate Family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.} 
• _{We may contact you to verify your identity, age and/or place of residence to confirm your eligibility to enter.  The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age, and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.} 
• _{Entry into this Promotion is free. Any costs associated with accessing Facebook or Instagram is the entrant’s responsibility and is dependent on the internet service provider used.}

  Entries  

• You are fully responsible for all of your entry content and materials you submit via this Promotion, including but not limited to all comments, responses, videos, artwork and images (Entry Content). The Promoter shall not be liable in any way for such Entry Content to the fullest extent permitted by law.   
• Entries received after the Promotion Period will not count towards the Promotion. The Promoter is not responsible for any late, lost or misdirected entries.
• As only one entry is permitted per eligible individual, your first entry will be deemed to be the entry (we will disregard later entries including ones submitted via alternative social media accounts). 
• We may remove or refuse to publish Entry Content without notice for any reason whatsoever.  
• _{You warrant and agree that:} 
• _{your Entry Content is your original work or you have the full prior consent of the author(s) or any person who has any rights in the Entry Content to the uses contemplated by these Terms and Conditions, and the Entry Content does not infringe the rights of any third party;}  
• _{your Entry Content is not unlawful, misleading or deceptive, fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, discriminatory, defamatory, obscene, sexually inappropriate, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, unsuitable for children aged under 15, or otherwise unsuitable for publication;}  
• _{your Entry Content will not contain viruses or cause injury or harm to any person or entity;}
• _{you will obtain prior consent from all author(s) or any person who has any rights in or to the Entry Content;}
• _{if your Entry Content depicts, quotes or refers to another individual or the brand or product of another entity, you have the consent of that individual or entity;}
• _{you consent to any use of the Entry Content which may otherwise infringe the Entry Content creator’s/creators’ moral rights under the Copyright Act 1968 (Cth) and you warrant that you have full authority to give that consent; and}
• _{you will comply with all applicable laws and regulations, including without limitation, those governing or relating to copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.}  
• _{Without limiting any other terms herein, you agree to indemnify the Promoter for any breach of the above terms.} 
• _{If your Entry Content breaches these Terms and Conditions or is incomplete, indecipherable or inaudible, we will deem the entry invalid.} 
• _{As a condition of entering this Promotion, you license and grant us and our related entities a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display your Entry Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.} 
• _{You agree that if you are a winner, you consent to us using your name, social media account name/handle, image and likeness to promote this Promotion and any products or services we supply.} 

  Judging 

• Each entry will be individually judged based on the Judging Criteria. This is a game of skill, and chance plays no part in determining the winner.   
• We may select additional reserve entries which we determine to be the next best having regard to the Judging Criteria, and record them in order, in case of an invalid entry or ineligible entrant. 
• Our decisions are final and no correspondence will be entered into. 

 Winner

• The winner will be notified in accordance with the Notification.
• If for any reason the winner does not take or claim the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

Prizes 

• If you win the Prize but do not take it (or part of it) at the time specified by us, then you will forfeit the Prize (or the relevant part of it).  
• If the Prize (or part of it) is unavailable, we will provide a substitute prize of equal value and/or specification. 
• You cannot exchange the Prize (or any part of it) for cash, goods or services. 
• The Prize may require you to accept terms that apply to the use or supply of the prize (for example terms and conditions attaching to subscription products, supply of goods, event entry conditions, etc.).  We are not a party to, or carry any liability in connection with, any third-party terms. 
• The Promoter will not be responsible for any delay, loss or damage to the Prize once it has left the Promoter’s or supplier’s premises, or the Promoter’s control.
• Any ancillary costs associated with redeeming a gift card/voucher are not included. Any unused balance of a gift card/voucher will not be awarded as cash. Redemption of a gift card/voucher is subject to any terms and conditions of the issuer including those specified on the gift card/voucher.

General 

• These Terms refer to Melbourne time unless otherwise stated. 
• The Promoter reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct which may impact the fair and proper conduct of the promotion. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
• If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
• Nothing in these Terms and Conditions limits, excludes or modifies the consumer guarantees under the Competition and Consumer Act (2010) Cth, as well as any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and realestate.com Pty Ltd ACN 080 195 535 (including their respective officers, employees, agents and related bodies corporate) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of, or in connection with, the Promotion.
• Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and realestate.com Pty Ltd ACN 080 195 535 (including their respective officers, employees, agents and related bodies corporate) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the

• We collect your personal information to conduct the Promotion and may, for this purpose, disclose your personal information (including but not limited to your name and social media account names) to third parties, including but not limited to advertising clients, service providers and prize suppliers. Entry is conditional on providing this personal information. We will also use and handle your personal information in accordance with our Privacy Policy https://www.mortgagechoice.com.au/legal/privacy-policy/. The Privacy Policy contains information about how Entrants may opt out, access, update or correct their personal information, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. In addition to any use that may be outlined in the Privacy Policy, by entering this Promotion Entrants also agree to be subscribed to the email database of the Promoter, and to receive future communications from the Promoter via email. All entries become the property of the Promoter. The Promoter will not disclose personal information to any entity outside of Australia.
• If your contact details change during this Promotion, you must notify the Promoter.

• For the purposes of public statements and advertisements, the Promoter may publish the winner’s first name, and image or likeness on Instagram or Facebook (as the case may be).  
• Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php and/or the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.

• This Promotion is in no way sponsored, endorsed or administered by or associated with Meta (Facebook or Instagram). You understand that you are providing your information to the Promoter and not to Meta (Facebook or Instagram). The information you provide will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Meta (Facebook or Instagram). Meta (Facebook or Instagram) will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

Only post the winner's first name and do not tag the winner's social media account