SIT COURTSIDE AT SOUTH EAST MELBOURNE PHOENIX’S HOME OPENER FOR NBL21 IN MELBOURNE
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is 3x3Hustle (ABN: 71 464 229 202) of Level 6 10 Queens Road, Melbourne VIC 3004, telephone: 03 8391 6099 (“Promoter”).
3. Entry is only open to Victorian residents only.
4. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
5. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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 1st cousin.
6. Promotion commences at 3:00PM AEDT on 17 January 2020 and closes at 12:00PM AEDT on 31 March 2020 (“Promotional Period”).
7. To enter, individuals must complete the following steps during the Promotional Period:
• Visit https://www.3x3hustle.com/win and follow the prompts to the promotion entry page;
• Input the requested details including full name, email address, mobile phone number and postcode; and
• Accept the Promoter’s terms and conditions and submit the fully completed online entry form.
8. Only one (1) entry is permitted per person. By completing the entry, the entrant will receive one (1) entry.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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.
10. Incomplete or indecipherable entries will be deemed invalid.
11. 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.
12. The draw will take place at Level 6, 10 Queens Road, Melbourne VIC 3004 on 1 April 2020 at 3:00PM AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by telephone and in writing within two (2) business days of the draw and their names will be published at https://www.3x3hustle.com/win from 2 April 2020.
13. The Promoter’s decision is final, and no correspondence will be entered into.
14. The first valid entry drawn will win four (4) courtside tickets to South East Melbourne Phoenix’s opening home basketball game for the 2020/21 NBL Season held in Melbourne, VIC valued at $650 each, and one (1) South East Melbourne Phoenix merchandise pack valued at $125.
15. Entrants are not required to be present at the draw. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional expenses involved are at the winner’s expense. Independent financial advice should be sought.
16. For the removal of doubt, the prize includes tickets only and each winner and their companions are responsible for making their own way to and from the basketball game.
17. Game date to be determined by the Promoter in agreement with the winners but in the event that agreement cannot be reached, the Promoter reserves the right to determine the date.
18. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
19. If the winner does not satisfy these Terms and Conditions, or the winner cannot be contacted, or the winner does not claim the prize, or for any other reason the winner does not accept the prize within a reasonable timeframe, the winner’s entry will be invalidated and a further entry drawn at the same place as the original draw at the same place as the original draw on 1 April 2020 will occur in order to distribute the unclaimed prize (“Unclaimed Prize Draw”). The winner will be notified in accordance with paragraph 12. These Terms and Conditions will then apply to the Unclaimed Prize Draw as if they were the winner of the prize in the initial draw.
20. If the winner of the Unclaimed Prize Draw does not satisfy these Terms and Conditions, the process detailed in paragraph 19 will be repeated until the winner complies with these Terms and Conditions.
21. If a prize (or part of a prize) is unavailable due to the circumstances outside the Promoter’s control, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
22. The NBL 2020/21 Season ticket prize is subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or their companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
23. Total prize pool value is up to AUD $2,725.
24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
25. All travel costs are not offered as part of the prize and will need to be covered by the winner.
26. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media or publication for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter and/or for compliance with the requirements of a relevant regulatory authority.
27. 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.
28. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
29. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
30. 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) if the appearance of any or all of the International Series team athletes or the International Series event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize.
31. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.3x3hustle.com/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, 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. All entries become the property of the Promoter. The Promoter may disclose entrant’s PI to entities outside of Australia – see Privacy Policy for details.
32. The laws of Victoria apply to this Promotion, and entrants submit to the exclusive jurisdiction of the courts of Victoria.
