Please read the terms below along with accompanying information on how to enter (T&Cs). Your entry into the Competition is deemed your acceptance of these T&Cs.
- ELIGIBILITY
1.1 Entry is only open to individual natural persons that satisfy the Eligibility Criteria.
1.2 Employees, participating retailers and agents of Promoter or any company associated with the Promoter, and their immediate families are not eligible to enter the Competition. 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, auntie, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
2. ENTRY
2.1 The Competition will be open from the Start Date and entries close at the Close Date. All entries are deemed to be received at the time of receipt by the Promoter NOT at the time of sending by entrants. Late entries will not be eligible.
2.2 To enter the Competition, entrants must satisfy the Entry Requirements. Entrants will be entered once the Entry Requirements are complete. Any cost associated with accessing the Competition page is the entrant's sole responsibility and dependent on the Internet service provider used.
2.3 Entry is limited to once per person.
2.4 For entry to be successful, the entrant must:
(a) Enter their full legal name, valid email address and all details required for the Entry Requirements;
(b) Acknowledge acceptance of these T&Cs; and
(c) Warrant that the content of their entry is truthful, accurate and complete, as well as otherwise compliant with these T&Cs.
2.5 Entrants accept that incomplete and illegible entries, as well as entries that breach these T&Cs, will be deemed invalid, as determined by the Promoter in its sole discretion. The Promoter will also disqualify any individual who has tampered with the entry process or any other aspect of this Competition. In particular, computer-generated entries and the use of "bots", "scripting", or any other similar technology or processes, is not permitted and will not be accepted.
2.6 The Promoter is not responsible for any misdirected, late or incomprehensible entries in the Competition, or any problems or technical malfunctions of any telephone network, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrants or any other person's computer related to or resulting from participation in in this Competition.
3. WINNER
3.1 The Competition is a 'game of chance' whereby the Promoter will randomly draw an entrant (one entrant) by a lot allocated at entry as per clause 2 (Winner). The draw will take place via an electronic draw system at the Promoter's registered offices. The Winner will be drawn at the Draw Time and Date. The Winner will be announced on the Winner Announcement Date and will be published as the Winner on the same date via the Winner Announcement Channels.
3.2 The Winner will be notified through the contact details provided in their entry. If the Prize is not claimed by the Winner, or the Winner's identity cannot be verified in accordance with these T&Cs, within seven (7) days of receipt of notification of their winnings by the Promoter (or any later period set by the Promoter by written notice to the Winner as extended by the Promoter), the Prize will be forfeited and will be awarded to an alternate winner (Alternate Winner).
3.3 At the Promoters sole and absolute discretion, the Winner may be required to verify their identity, validity of their Eligibility Criteria and Entry Requirements, at the time of notification. The Promoter in its absolute discretion reserves the right to verify the validity of the entrant's identity (including an entrant's identity, age and place of residence), including by way of a statutory declaration, and to disqualify entrants if any information provided by an entrant is false or misleading in any way. If the Winner does not verify their identity and/or validity of their Eligibility Criteria and Entry Requirements, upon the request of the Promoter within seven (7) days of the request (or any later period set by the Promoter by written notice to the Winner as extended by the Promoter), the Prize will be forfeited and will be awarded to an Alternate Winner.
3.4 If the Winner is unavailable to accept delivery of the Prize at the scheduled delivery time, the Winner agrees and acknowledges that it will forfeit the Prize and that the Promoter may award the Prize to an Alternate Winner.
3.5 The Alternate Winner will be decided by redraw of all entries and notified through the contact details provided in their entry, on the same terms as clause 3.2, 3.3, and 3.4. If required, the redraw will occur fourteen (14) days from the Winner Announcement Date (Redraw Date) on the same conditions as clause 3.1. The details of the Alternate Winner will be published seven (7) days from the Redraw Date on the Winner Announcement Channels. For the purposes of these T&Cs, where an Alternate Winner has been decided, the Alternate Winner shall also be referred to as the Winner.
3.6 The Promoter's random draw of the Winner or any other aspect of the Competition is final and binding on each entrant and no correspondence will be entered into unless otherwise required by law.
3.7 Once the Prize is claimed, the Winner will have their name published on the Promoter's social media pages and various other media for promotional purposes. The Winner hereby irrevocably grants the Promoter the rights and consents to publish, communicated to the public or otherwise use their name, likeness, image, voice and biography, for the purposes of using, distributing, promoting and marketing materials in connection with the Competition throughout all media now known or hereafter invented throughout the world.
4. PRIZE
4.1 Any change in value of the Prize occurring between the publishing date of these T&Cs and date the Prize is claimed is not the responsibility of the Promoter.
4.2 For the avoidance of doubt, the Prize does not include the Exclusions or any other products and services that is not expressly stated in these T&Cs.
4.3 The Winner agrees to complete and execute all reasonably necessary documentation required by the Promoter to release liability and transfer all risk, right, title, and interest to the Winner (including, without limitation, a deed of release).
4.4 The Prize is non-exchangeable for other goods or services and cannot be redeemed for cash.
4.5 If, for some reason beyond the Promoter's control, it is not possible to supply the Prize as advertised, the Promoter will be entitled to supply a substitute prize in the Promoter's discretion of equal or greater value.
4.6 The Prize is provided 'as is' and to the extent permittable by law, the Promoter makes no warranties or representations regarding the appearance or suitability of the Prize, and any photos are illustrative only and should not be relied upon as an accurate description of the Prize (noting image quality and colour will vary based on size and resolution of display).
4.7 Notwithstanding anything to the contrary, the Promoter limits its liability for breach of any guarantee, warranty or other term or condition under applicable legislation to:
(a) the replacement of the Prize or the supply of an equivalent prize;
(b) the repair of the Prize;
(c) the supplying of the Prize again;
(d) the payment of the cost of replacing the Prize or of acquiring an equivalent prize;
(e) the payment of the cost of having the Prize repaired; or
(f) the payment of the costs of having the Prize supplied again.
4.8 Winners are advised that tax implications may arise from prize winnings and they should seek independent financial advice prior to acceptance of the Prize.
5. DELIVERY OF PRIZE
5.1 The Prize will be delivered to the Winner subject to Winner's compliance with these T&Cs.
5.2 The Promoter will be responsible for the cost of delivering the Prize (if any) and agrees to bear the risk and liability of shipping the Prize to the Winner, until the Prize is delivered to the Winner. All risk, costs, liabilities, expenses, levies, and taxes in connection to the Prize from the time that delivery is made to the Winner is the sole responsibility of the Winner.
5.3 The Winner acknowledges that the delivery date and receipt of the Prize may be dependent on the third party service providers and agrees to not hold the Promoter responsible for delayed delivery or delivery faults beyond the Promoter's control.
6. GENERAL
6.1 The Promoter will collect personal information about entrants for the purposes of conducting the Competition and awarding the Prize. The Promoter will collect and store all personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Promoter's Privacy Policy (which can be found at https://www.beyondthevalley.com.au/privacy-policy and https://www.universalstore.com/pages/privacy-policy). In addition, it is a condition of entry into the Competition that:
(a) all entrants consent to subscribing to direct marketing communications from the Promoter about Untitled, including information about upcoming tours, releases and merchandise;
(b) the Winner consents to the publication of their name in any advertisements or articles relating to the Competition or the Prize; and
(c) the Winner agrees to participate in any media releases which may include photographs of the Winner by the Promoter.
6.2 In Australian States and Territories where a trade promotion lottery licence is required, the Competition holds the Licences set out at the Key Terms. For the avoidance of doubt, the Competition is open to all Australian residents who meet the Eligibility Criteria.
6.3 If the Competition is not capable of running as planned due to any reason out of the Promoter's control (including, but not limited to fraud, a state of emergency, natural disaster, war, epidemic, pandemic, government order, technical failures or any other causes), or if the administration, security, fairness, integrity or proper conduct of this Competition is compromised or at risk of being compromised, the Promoter reserves the right without liability to the entrants to cancel, modify, terminate, or suspend the Competition.
6.4 The Winner is determined in accordance with clause 3 by electronic random draw with the Draw Provider. If applicable, an independent scrutineer in accordance with the Community Gaming Regulation 2020 (NSW) will be engaged to oversee the draw. The scrutineer will be appointed to confirm that the processes followed by the Promoter provide reasonable assurance that all entrants who are entitled to participate in the Promotion are entered and that the Promotion is fair. In the event of a dispute that representative will act as an adjudicator and their decision will be final and no correspondence will be entered into.
6.5 Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) and any Related Bodies Corporate (as that term is understood to mean under Corporations Act 2001 (Cth)) are not responsible for and exclude all liability (including negligence), for any personal injury; or any claim, 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 T&Cs; (e) any tax liability incurred by a Winner or entrant; or (f) use or non-use of the Prize.
6.6 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
6.7 These T&Cs constitute the entire agreement between each entrant and the Promoter.
6.8 These T&Cs shall be governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
