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Information on how to enter and the prize form part of these Conditions of Entry.
Entry into this promotion is deemed acceptance of these Conditions of Entry by each entrant. Entry is via online only. Promotion commences at 9am AEDT on 1 April 2021 and closes at 11:59pm AEST on 19 April 2021 ("Promotional Period").
To enter the promotion, Eligible Entrants must sign up to the specific online form in regards to the promotion, during the Promotional Period, before 11:59pm AEST on 19 April 2021.
Eligible Entrants will automatically be awarded one (1) entry into the promotion when they sign up online. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures. Multiple entries are not permitted. Entry is open to residents of Australia, New Zealand and Japan who fill in the form during the Promotional Period ("Eligible Entrants").
The directors, management and employees of the promoter and each of their related bodies corporate are not eligible to enter the promotion. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
The Promoter reserves the right to request the Eligible Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the Eligible Entrant's identity, age, residential address, eligibility to enter and claim a prize. Errors and omissions may 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.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. The draw will take place at 09:00am AEST on 20 April 2021 at Afends, 1/7 Brigantine St, Byron Bay NSW 2481 - Australia. The winner will be chosen at random from all entries received and notified in writing within one (1) business days of the draw. All reasonable steps to notify the winner of the results of the draw will be taken by the Promoter.
The decisions of Afends on all matters relating to this Competition are final and no correspondence will be entered into. Afends reserves the right to verify the validity of an entry or a winner's right to redeem the prize in accordance with these terms and conditions. Afends reserves the right to amend the prizes offered and these terms and conditions and in its absolute discretion cancel the competition at any time and without prior notice. The winner drawn from all entries received will win a $1800AUD Afends Voucher, that can only be redeemed online at www.afends.com.au. The voucher will be valid for one (1) year from 20th April 2021 to 20th April 2022.
The Afends voucher will be offered to the winner in the form of six (6) gift cards to the value of $300AUD every 2 months. The customer can only apply one (1) gift card to each order. At the end of the year, if the customer has any balance remaining from the six (6) gift cards issued, the balance amount will be consolidated into a final gift card issued to the winner for the amount owing. The Promoter may conduct a further draw at the same time and place as the original draw on 20 April 2021 in order to distribute the prize if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation.
Entering the competition constitutes a winner's consent to be photographed and/or interviewed by Afends and for Afends to use his or her name, city/town of residence, competition entry for Competition or publicity purposes without compensation. This includes Afends's website, direct and social media channels as required under the relevant State or Territory legislation.
Time of Entry: Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid.
The Promoter accepts no responsibility for late, lost or misdirected entries.
The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. Any attempt to cause malicious damage or interference with the normal functioning of the Promoter's website or the information on the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Eligible Entrant, the Eligible Entrant agrees to indemnify the Promoter for those losses, damages and costs. Copyright and privacy generally: An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects personal information about an Eligible Entrant to include the Eligible Entrant in the promotion and, where appropriate, award the prize. If the personal information requested is not provided, the individual cannot participate in the promotion and is deemed ineligible.
Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act 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 (including its respective officers, employees and agents) excludes 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 the promotion. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; or (f) use and/or taking of the prize.
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