TERMS & CONDITIONS
“PETSTOCK ASSIST ADOPTION SUPERSTARS” COMPETITION
- Information on how to enter the “PETstock Assist Adoption Superstars” (Competition) and the Prizes form part of these Terms and Conditions. By participating in the Competition, Entrants (as defined below) agree to be bound by these Terms and Conditions. The Competition is not valid in conjunction with any other special, discount or promotional offer unless indicated otherwise.
- The Competition is conducted by PETstock Pty Ltd, 121 Lydiard St Nth, Ballarat, VIC, 3350 (Promoter).
- Entry is only open to Australian residents (Entrants). Entrants under 18 years old must tick the box to have parental permission
- Employees (and their immediate families) of the Promoter or any of its related corporations or any of their agencies associated with this Competition are ineligible to enter.
- The Competition commences on 12.01am AEDST on 1 March 2021 and closes at 11.59pm AEDST on 2 April 2021 (Competition Period). All times and dates in these Terms and Conditions are based on Melbourne local time.
ENTRY TO THE COMPETITION
- To enter, entrants must visit www.petstocksuperstars.com.au (Competition Website), follow the prompts, and enter their full name, mobile number, email, pet name, date pet adopted, upload a photo of themselves with their pet, and in write 250 words or less on how their adopted pet is a superstar and how they make a difference in their life. Entrants must then tick box to provide consent for the image to be utilised in PETstock promotional material and feature on the competition website.
- For the avoidance of doubt, the Promoter will not accept entries which are incomplete, illegible, indecipherable or which are generated by computers or other automated means.
- The Promoter must receive all entries during the Competition Period. Entries received before the start of the Competition Period or after the close of the Competition Period will not count towards the Competition and will be regarded as invalid. Records of the Promoter are final and conclusive as to time of receipt.
- Limit of one (1) entry per Entrant.
- Entrants can only enter in their own name. 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 Competition. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- 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.
JUDGING AND PRIZES
- All Entries received during the Competition Period will be individually judged based on the worthiness and interest of the Entrant’s response as submitted as part of their entry. The judges may select additional reserve entries, which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible Entrant.
- This is a game of skill and chance plays no part in determining the winners.
- The best entry, as determined by the judges according to the judging criteria stipulated above, received in each week of the Competition Period will each win a $500 PETstock gift card. Entries in one (1) week will not roll over to subsequent weeks. The weekly winners will be judged on 8/03/2021, 15/03/2021, 22/03/2021, 29/03/2021, and 5/04/2021.
- The best entry, as determined by the judges according to the judging criteria stipulated above, from amongst all entries, will win the major prize, which includes a $3,000 PETstock gift card and the opportunity for themselves and pet to feature in PETstock Assist campaign in 2021. The Promoter will advise of the shoot date and time, and the major prize winner will need to attend with their pet at their own cost. The Promoter takes no responsibility if the major prize winner does not wish to attend the shoot. All copyright in the materials produced during the shoot will become the property of the Promoter and used in its absolute discretion in any media in perpetuity. The Promoter may require the major prize winner sign an agreement to reflect these usage rights. The major prize winner will be judged 9/4/2021.
- There will be one (1) people’s choice award. Entrants will be encouraged to obtain votes on social media. There is a limit of one (1) vote per person. The Promoter reserves the right in its absolute discretion to cancel votes if they are deemed ineligible, including if the voter has submitted multiple votes. To vote, must visit the Competition Website and follow the prompts. The entry that obtains the highest eligible votes, as determined by the Promoter in its absolute discretion will win the prize of a $1,000 PETstock gift card.
- Prize values are accurate as at the commencement date of the Competition. Any variation after that date is beyond the Promoter’s control. All costs, fees, charges or expenses associated with the prize(s), which are not specified in these Terms and Conditions, are the responsibility of the winner(s).
- The winners will be notified by email and published on the Competition Website. For the avoidance of doubt, each winner will be required to make contact with the Promoter in order to organise delivery of his/her prize.
- Any ancillary costs associated with redeeming a gift card are not included. Redemption and use of a gift card is subject to any terms and conditions of the issuer.
- If for any reason a winner does not take a prize (or an element of a prize) at or by 16/04/2021, then the prize (or that element of the Prize) will be forfeited and will not be redeemable for cash.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- If a prize (or an element of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that element of the prize) with another Prize of equal value and/or specification.
- If any Prize(s) remain unclaimed by 30/04/2021, then the Promoter will revert back to the reserve entries and award any unclaimed prize(s) to the next best Entrant(s).
- All of the Promoter’s decisions are final and no correspondence will be entered into.
- Winners consent to the Promoter using their and their pet’s name, likeness, image and/or voice (including any photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Competition (including any outcome), the Promoter and any products manufactured, distributed and/or supplied by the Promoter.
- If this Competition 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, fraud, war, terrorism, state of emergency or natural disaster), 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 Competition, as appropriate.
- Any cost associated with entering the Competition, is the Entrant’s responsibility.
- The Promoter assumes no responsibility for: (a) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Entrant; (b) any theft, destruction or unauthorised access to, or alteration of such communications; (c) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; or (d) any incorrect or incomplete information which may be communicated in the course of administering this Competition (whether as a result of one of the foregoing causes or otherwise).
- CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
Each Entrant agrees that they are fully responsible for any materials they submit via the Competition including but not limited to captions, images, videos or comments (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, promote illegal acts or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- the Content is the original work of the Entrant that does not infringe the rights of any third party;
- they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
As a condition of entering this Competition, each Entrant:
- licenses and grants the Promoter, its related bodies corporate and their agencies a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (which shall include 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; and
- consents, freely and voluntarily, to Content to which copyright attaches being changed, copied, edited, added to, taken from, published without attribution, adapted and/or translated, in any manner or context by Promoter and any person authorised by Promoter to do so, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Content within the meaning of the Copyright Act 1968 (Cth).
- Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter and all its related bodies corporate, contractors and personnel for any from and against all losses, damage, claims, costs or expenses (including reasonable legal fees) that any of them may suffer as a result of any breach of clause 30 or 31 of these Terms and Conditions.
- 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 (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its related corporations or their relevant officers, employees and agents) exclude all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition or the Prize.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its related corporations or their respective officers, employees and agents) 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:
- any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
- any theft, unauthorised access or third party interference;
- 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;
- any variation in Prize value to that stated in these Terms and Conditions;
- any tax liability incurred by a winner or Entrant; or
- taking/use of a Prize.
- The laws in force in Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.