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Terms & Conditions
Instagram Launch - 10 x $500 Gift Card Giveaway
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is DESIGNWORKS INTERNATIONAL PTY LTD (ABN 99 644 545 193) of Building 2, 658 Church Street, Richmond, VIC, 3121 (Promoter).
3. If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the prize draw to win a prize (Promotion).
4. Entries into the Promotion open at 12:00pm AEST 18 September 2024 and close at 11:59pm AEST on 30 September 2024 (Promotional Period).
Eligibility and Entry
5. Entry to the Promotion is only open:
- to permanent Australian Residents aged 18 years or older, excluding:
- employees (and their immediate families) of the Promoter;
- the related bodies corporate of the Promoter; and
- agencies associated with this Promotion, (Eligible Person).
- All entrants must read and consent to these Terms and Conditions as a condition of entry into the Promotion.
- For the purposes of these Terms and Conditions:
- “Australian Resident” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa.
- "Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
- During the Promotional Period, enter the Promotion:
- by following the official Instagram page of Umbro Australia https://www.instagram.com/umbroanz/ and tagging a friend within the comments section on the pinned post regarding this Promotion.
(collectively, Entry Requirements).
Eligible Applications
6. Multiple entries into the Promotion are permitted. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Promotion. The maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period can be more than one (1) entry. However, for the avoidance of doubt, an Eligible Person may only be selected for one (1) prize in this Promotion.
7. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
8. Each entry must be made in accordance with these Terms and Conditions. By entering the Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
Prize Draw
9. This game of chance is conducted by the Promoter. The prize will be fulfilled and delivered by the Promoter.
10. There will be ten (10) draws with ten (10) winners drawn. The draw will be conducted by the Promoter or an authorised representative of the Promoter at Designworks, Building 2, 658 Church Street, Richmond, VIC, 3121 Australia at 1:00pm AEST on 1 October 2024 via a random number generator.
11. The total prize pool is valued at AU$5000 (incl. GST) (as at 18 September 2024).
12. The winners will win:
- One (1) of ten (10), $500 Umbro Voucher which can be redeemed at www.umbro.com.au (collectively, the “Prize Pool”).
13. Any expenses related to the prize, collecting or participating in the prize or enjoying the prize will be borne by the winner and the winner’s guests.
14. As a precondition of being eligible to accept the Prize Pool, the winner must (if requested by the Promoter):
- sign all reasonably required legal documentation in the form required by the Promoter in their absolute discretion, including, but not limited to, a media consent form, legal release and indemnity form.
15. As a precondition of being able to participate in the Promotion and without limiting any paragraph of these Terms and Conditions, the winner and their companions must consent to the Promoter recording their image and/or voice, photograph or capture their likeness in any media and grant an irrevocable licence to use those recordings in any way which the Promoter may use in any manner it wishes including to distribute, broadcast use either nationally or globally without remuneration. This includes granting the right to edit such media, the right to use the media along or together with other information and the rights to allow other parties to use and / or disseminate the media.
16. The Prize Pool is not exchangeable or transferable for cash or in any other way.
17. Eligible Persons are not required to be present at the draw. The Promoter accepts no responsibility for any tax implications that may arise from the Prize Pool. All taxes which may be payable as a consequence of receiving the Prize Pool are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
18. Judging of the prize will be undertaken by the Promoter at Designworks International Pty Ltd. The prize winner will then be notified by email or via direct messages on Instagram.com.
19. The Promoter may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn, or the winner is unable to comply with these Terms and Conditions.
20. In the event of war, terrorism, pandemic, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.
21. If the Prize Pool (or part of the Prize Pool) is unavailable for any reason, the Promoter, reserves the right to award the winner with an equivalent prize at the Promoter’s sole discretion, subject to any written directions from a regulatory authority.
22. Any costs associated with redeeming any part of the Prize Pool are not included.
23. The Promoter’s decision is final, and no correspondence will be entered into.
24. The winners will be notified in writing via the contact details supplied by the Eligible Person when they enter the Promotion. The winners will be notified within two (2) working days after the winner is selected and the winners’ name will be published on 2 October 2024. To claim the prize, the prize winner must respond to the email or direct message within 10 business days of the notification message being sent.
25. 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.
26. Incomplete or indecipherable entries will be deemed invalid.
27. 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.
General
28. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
29. Entrants agree that they are fully responsible for any materials they submit to enter the Promotion including but not limited to comments, recordings, and images (Content). The Promoter or the Business 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 without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
30. As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Business and the Promoter and Business’ affiliates and sub-licensees 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.
31. By entering the Promotion all entrants consent to the use by the Promoter, the Business and other third parties, including but not limited to agents, contractors, service providers and media partners and providers of their name, image, likeness, username and social network account name for any publicity and commercial purposes, in any media and for an infinite period, without further compensation for the purpose of promoting and broadcasting and/or streaming the promotion (including any outcome). This includes but is not limited to use on TV, Facebook, Twitter, Instagram, YouTube, radio, print, display advertising, website and social media channels, and the Promoter’s blog and website.
32. The Prize Pool may be subject to third party terms and conditions. The Promoter and event and third-party organisers hereby expressly reserve the right to eject the winners (and his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize Pool.
33. The Prize Pool is further subject to terms and conditions and hereby expressly reserve their rights under those terms and conditions.
34. 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:
- to disqualify any entrant; or
- subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
35. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
36. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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 their respective officers, employees and agents) 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 the Promotion.
37. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are 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:
38. 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 of the Prize Pool/attendance at the prize event.
39. The Promoter collect 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 available at https://www.umbro.com.au/pages/privacy-policy
40. In addition to any use that may be outlined in the Privacy Policies identified above, 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 Policies also contain 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 Australian entrant's PI to any entity outside of Australia in accordance with their respective.
Privacy Policies
41. I have read, understood and accept these Terms and Conditions and the Privacy Policy of UMBRO at https://www.umbro.com.au/pages/privacy-policy
42. agree that Designworks International Pty Ltd may send me marketing and promotional materials.
43. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia.
TERMS OF USE
The website Umbro Website (Site) is owned by Designworks International Pty Ltd ACN 644 545 193 (Umbro AUSTRALIA).
The following and the terms found under the heading Privacy Policy sets out the terms on which Umbro Australia agrees to you making use of the Site. By accessing, browsing and/or using the Site you agree to the following terms and conditions and you agree to use the Site in accordance with all applicable laws.
Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms which are set out either before or after the words where they first appear. If you do not agree to the following terms you must cease use of the Site.
LAWS AND ENTIRE AGREEMENT
These terms of use are governed by the laws of Victoria and you and Umbro Australia each irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.
The terms on this Site replace all previous representations, arrangements, understandings and agreements between you and Umbro Australia relating to its subject matter and contain the entire agreement between you and Umbro Australia relating to that subject matter.
DISCLAIMER
The content available on the Site is provided on an "as is" basis. Umbro Australia does not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free. Umbro Australia will attempt to keep the content on the Site up to date.
The content on the Site is liable to change at any time.
Umbro Australia does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.
LINKS
The inclusion of a link to another website does not imply that Umbro Australia endorses the linked website, and use of any such link is at your own risk. Umbro Australia does not accept any responsibility or liability for any claims arising out of your use of any such link or of the content on any such website.
COPYRIGHT
The copyright in the content on the Site is owned or licensed to Umbro Australia. All rights are reserved.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Australia) or similar legislation which applies in your location, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
(b) commercialise any information, products or services obtained from any part of the Site unless expressly authorised in writing by Umbro Australia.
SHOP ONLINE TERMS OF TRADE
PURCHASING
The following terms and the terms found under the headings Privacy Policy, Shipping Information and Returns & Exchanges and Terms & Conditions sets out the terms on which Product can be purchased by You (being the person whose details are entered in the Billing Information section during the purchasing process) from Umbro Australia.
ORDERS
By listing Products for sale on the Site Umbro Australia is inviting you to do business with Umbro Australia but is not offering to supply any particular Product.
Any order placed by you in the manner described in this Site is an offer by you to purchase a particular Product for the price (including the delivery and other charges) specified on this Site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the Product ordered unless you ask Umbro Australia to cancel that order, and Umbro Australia sends you written confirmation of the cancellation prior to the Product being dispatched to you.
Umbro Australia may change the prices published on this Site at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Site, Umbro Australia reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any Product, an error in the price of the Product description posted on this Site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia and New Zealand. Within Australia and New Zealand, our policies as to delivery and returns are set out on this Site under the heading Shipping Information and Returns & Exchanges.
PRICE AND PAYMENT
Umbro Australia accepts payment via Visa, Mastercard, PayPal and Afterpay only.For each online order, you must pay:
- the applicable price expressed in Australian dollars and are inclusive of Australian Goods and Services Tax for the relevant Product as confirmed by Umbro Australia; and
- the delivery fee and other charges specified on the Site in Australian dollars at that time.
From time to time Umbro Australia may distribute promo codes that may be used for orders on the Site. Promo codes can be applied to your order at the time of checkout on the Shopping Bag page in the field "Promo Code". The Shopping Bag will then be updated to reflect new pricing or conditions applicable to the promotion. The terms and conditions for each promotion can vary so please be sure to check all the details from the promotional material.
Umbro Australia takes no responsibility for customers not being aware of relevant promo codes that may apply to a particular purchase. Promo Codes must be redeemed at the time of purchase and for each order. You must pay the new applicable price. It is not possible to apply promo codes once an order has been placed.
Your order and credit card details are safe and secure. All personal and credit card information provided to the website is secured using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the payment options section of the Site. For further details on data security you should check the section on this Site under the heading Privacy Policy.
AFTERPAY
Afterpay is a service that allows customers to pay for purchases over 4 equal installments due every 2 weeks.
To make a purchase using Afterpay you must:
- Have an Australian residential address.
- Have a valid email address and mobile number.
- Be the holder of an eligible credit or debit card.
- Be over 18 years old.
How do I use Afterpay?
- Choose Afterpay as your payment method at checkout.
- Register or login to your Afterpay account and confirm payment.
Additional Information:
- For first time users of Afterpay, the first payment is required at the time of purchase.
- If you wish to return your purchase partially or in full please adhere to our returns and exchanges process. Any future payments for that item and/or any installments that you have paid will be processed in accordance with Afterpay’s returns policy.
- If a payment is not processed on or before the due date, late fees will apply. Please contact Afterpay as soon as possible if you won’t be able to pay on time.
For Afterpay’s full terms and conditions or if you need further questions answered click here https://www.afterpay.com/en-AU/terms-of-service
Umbro AUSTRALIA LIABILITY TO YOU
The only warranties, conditions or other terms that are binding on Umbro Australia are those expressly stated on this Site. To the extent permitted by law, any term concerning the Products or any service that Umbro Australia provides to You which might otherwise be implied into or incorporated into these terms for the purchase and supply of Product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.If a Product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law. (Consumer Guarantee), you have rights and remedies under the Australian Consumer Law. Nothing on this Site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the Australian Consumer Law (ACL).
Subject to the previous paragraph:
- Umbro Australia will not be liable to you for any loss if caused by a delay in Umbro Australia fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this Site, if the delay or failure is caused by anything beyond Umbro Australia reasonable control;
- Umbro Australia will not be liable to you for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, and
- Umbro Australia maximum aggregate liability to you whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to Umbro Australia in respect of the Product or Products for which the liability arises.