Haymes Paint Hogan’s Highball Terms & Conditions ("Conditions of Entry")
Promotion: Haymes Paint Hogan’s Highball (the "Promotion").
Promoter: Henry Haymes Pty Ltd, trading as Haymes Paint, ABN 14 004 201 638 at 1 Waringa Drive, Wendouree, VIC 3355, 1800 033 431.
The Promotion commences on 23.03.2017 at 11:00 AM AEST and ends on 18.08.2017 at 12:00 PM AEST ("Promotional Period"). Entries must be received during the Promotional Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
The entrant agrees and acknowledges that they have read these Conditions of Entry and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry.
Entry is open to Australian residents aged 18 and over who are entitled to attend the Melbourne Cricket Ground for one of the following 2017 Toyota Premiership Season Melbourne Football Club home games (each an “Event”):
Round 2 Sunday 2 April, 2017 at 3:20 PM, Melbourne v Carlton
Round 4 Saturday 15 April, 2017 at 1.45PM, Melbourne v Fremantle
Round 7 Sunday 7 May 2017 at 3.20PM, Melbourne V Hawthorn
Round 9 Sunday 21 May 2017 at 3:20PM, Melbourne v North Melbourne
Round 12 Monday 12 June 2017 at 3.20PM, Melbourne v Collingwood
Round 15 Friday 30 June 2017 at 7.10PM, Melbourne v Sydney
Round 18 Saturday 22 July 2017 at 2.10PM, Melbourne v Port Adelaide
Round 21 Sunday 13 August 2017 at 1.10PM, Melbourne v St Kilda
Round 22 Sunday 20 August 2017 at 1.10PM, Melbourne v Brisbane Lions
Employees of the Promoter and the employee's immediate families, its retailers, distributors, suppliers and associated companies and agencies are not eligible to enter. Entrants must reside in Australia. Valid and eligible entries will be accepted up to 18.08.2016 by 12:00 PMAEST.
To enter the Promotion during the Promotional Period, the entrant must complete all of the following steps to receive one (1) entry into the next upcoming draw displayed on the promotional website (based on the time and date of entry):
Visit the Melbourne Football Club website at http://melbournefc.com.au;
Follow the links to the promotional entry page; and
Complete the entry form for the promotion by submitting the requested details, including a valid email address, first name, last name and contact phone number.
Description of Prizes:
There are twenty seven (27) prizes available to be won, three (3) relating to each of the Events. Each individual prize consists of the experience to take a mark on the MCG valued at $0.00 where the football will be launched from a ball cannon.
To be eligible to win a prize, the entrant must have a separate right of entry to the MCG to attend the Event to which that prize relates. To avoid confusion, the prizes do not include entry to the Event or to the MCG.
If Russell Robertson is unavailable at the time of an Event for any reason, the Promoter in its sole and absolute discretion may substitute another person for Russell Robertson or cancel or postpone the Event. If an Event is cancelled the winner will forfeit the prize and the Promoter will not substitute the prize.
The winners of the prizes will be determined by draw. There will be nine (9) draws, three (3) for each prize. The draws will take place at the Melbourne Cricket Ground, 120 Brunton Ave, Jolimont VIC 3002 on the following dates at 11:00 AM AEST:
Wednesday, March 29th 2017
Wednesday, April 12th 2017
Wednesday, May 3rd 2017
Wednesday, May 17th 2017
Wednesday, June 7th 2017
Tuesday, June 27th 2017
Wednesday, July 19th 2017
Wednesday, August 9th 2017
Wednesday, August 16th 2017
The winner of the prize for each draw will be the first three eligible entries drawn at that draw (“Winning Entry”).
Each draw will be conducted by computerised draw system or selection. The Promoter warrants that the computerised draw system used to draw the prize has been appraised by a suitably qualified person into the operation and integrity of the computerised draw system. The winning entrant does not need to be present at the draw to claim a prize. If any particular draw is scheduled on a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. Winners of the drawn prize are determined by chance. Skill plays no part in determining the winner.
The prize is not transferable, substitutable or exchangeable for another prize of equal or like value and is not redeemable for cash (including any unused portion). If a winner chooses not to take their prize (or is unable to), they forfeit the prize and the Promoter is not obliged to substitute the prize.
The value of the prize(s) is accurate and based upon the recommended retail value of the prize(s)(inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize(s) after that date.
The entrant may enter the Promotion once during the Promotional Period and only one eligible entry per entrant will be accepted. The entrant is eligible to win 1 prize.
Each winner will be notified on the day of the relevant draw via telephone call to the phone number provided by the winner. A representative of the Promoter will call the phone number provided by the winner, and if necessary, leave a voicemail message including a contact phone number. The winner must be available to be contacted via that phone number or contact the Promoter within two (2) hours of the draw (by 1:00 PM AEST on the day of the draw).
If required and subject to any direction under relevant state legislation, if the winner cannot be contacted, is unavailable to collect or accept any prize, or is not already in attendance at the respective Event, they may be deemed ineligible to win and forfeit any entitlement to the prize (as determined by the Promoters in their sole and absolute discretion) and the Promoters may then elect to award the prize to a reserve winner as outlined in clause 15 All reasonable attempts will be made to contact each winner.
No entry fee is charged by the Promoter to enter the Promotion.
Prizes will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid.
If the entrant has consented ("opted-in") in accordance with the Australian Privacy Principles, their personal information will be disclosed to the Promoter and Haymes Paint. Personal information will be stored on the Promoter’s and Haymes Paint databases and the Promoter and Haymes Paint may use this information for future marketing purposes regarding its products, including contacting the entrant electronically.
The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy is located at http://www.haymespaint.com.au/information/privacy-policy/. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrant's personal information to its contractors and agents to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion.
For the purposes of public statements and advertisements, the Promoter will only publish the winner’s surname, initial and State. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter and any request to access, update or correct any information should be directed to the Promoter. The Promoter will not send, allow to be sent, or assist in the sending of one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act, use or distribute any software designed to harvest email addresses or otherwise breach the Spam Act or the Spam Regulations 2004 (Cth).
The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
If the prize(s) is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize(s) at the time they are issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, subject to State or Territory regulation.
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. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The entrant will license, assign, authorize, consent or otherwise transfer to the Promoter all intellectual property rights, title and interest (including moral rights) throughout the world in and to all material sent or provided by the entrant to the Promoter and acknowledges and agrees that the material may be used without further reference or compensation to them. The entrant may be required to sign documentation as provided by the Promoter to give effect to the above.
The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements.
Unless otherwise specified, the prize(s) is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.