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.
Entry is only open to residents in Australia.
2. 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, stepsister or 1st cousin.
3. Promotion commences on 25/10/2023 and ends at 11:59pm AEST on 01/11/2023
(âPromotional Periodâ).
4. To enter, individuals must, during the Promotional Period, complete the competition
entry requirements via social media platforms which includes following both @afterpayau and @wearecirkular liking the post and tagging a friend in the comments section
AFTERPAY INSTAGRAM
http://www.instagram.com/afterpayau
5. The Promoter reserves the right, at any time, to verify the validity of entries and
entrants (including an entrantâs 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 entries
process or engaged in any unlawful or other improper misconduct calculated to
jeopardise fair and proper conduct of the promotion. 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.
6. Incomplete or indecipherable entries will be deemed invalid.
7. This is a game of skill and chance plays no part in determining the winners
8. The judgesâ decision is final and no correspondence will be entered into. Each entries
will be individually judged based on a combination of literary and creative merit and
originality. The promotion will be judged by a panel of judges appointed by the
Promoter
9. Only one (1) entry is permitted per person.
10. 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.
11. The entrants will be judged at CIRKULAR, 62 Rangers Road, Cremorne NSW on
29/09/2023 at 9:00am AEST. The winners will be notified by email
12. The Promoterâs decision is final and no correspondence will be entered into.
13. One (1) entrant will win a $500 ecommerce gift voucher to be redeemed online at
http://www.cirkular.com.au
14. The winner has 12 months from the end of competition date to redeem their prize
15. If for any reason a winner does not take a prize (or an element of the prize) at the time
stipulated by the Promoter, then the prize (or that element of the prize) will be
forfeited and will not be redeemable for cash.
16. In the event of war, terrorism, 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 written directions from a relevant regulatory authority.
17. Subject to the unclaimed prize clause, if for any reason a winner does not take the
prize (or an element of the prize) by the time stipulated by the Promoter, then the
prize (or that element of the prize) will be forfeited.
18. If the prize (or part of the prize) is unavailable, 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.
19. Total prize pool is $500.00. Prizes, or any unused portion of a prize, are not
transferable or exchangeable and cannot be taken as cash.
20. The Promoter and their associated agencies and companies will take no responsibility
for prizes damaged or lost in transit, or late, or misdirected mail.
21. If, for any reason, this competition is not capable of being conducted as planned,
including, but not limited, due to tampering, unauthorised intervention, fraud,
technical failures or any other causes beyond the control of the Promoter which
corrupt or affect the administration security, fairness, integrity or proper conduct of
this competition, the Promoter reserves the right, in its sole discretion, to disqualify
any individual who tampers with the entries process, take any action that may be
available, and to cancel, terminate, modify or suspend the competition, subject to
State Legislation
22. A prize, if unclaimed, will be subject to further judging that may take place on
01/10/2023 at the same time and place as the original winner selection, subject to any
directions from a regulatory authority. Winners (if any) will be notified in writing on
02/10/2023.
23. 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 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.
24. 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.
24. Any cost associated with accessing the promotional website is the entrantâs
responsibility and is dependent on the Internet service provider used.
25. 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 (âNon-Excludable Guaranteesâ). 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.
26. 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 Promoterâs control);
(b) any theft, unauthorised access or third party interference; (c) any entries 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 entrant; or (f) taking of a
prize.
27. As a condition of accepting a prize, the winners (and their companion) must sign any
legal documentation as and in the form required by the Promoter and/or prize
suppliers in their absolute discretion, including but not limited to a legal release and
indemnity form. In the event a winner or winnerâs companion is under the age of 18, a
nominated parent/legal guardian of such person will be required to sign the legal
documentation required under this clause on their behalf.
28. 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. Entries is conditional on providing this PI. PI collected in this
promotion will be disclosed to CIRKULAR and AFTERPAY Australia. In addition to
any use, 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 will not disclose entrantâs
personal information to any entity outside of Australia.
29. The Promoter is CIRKULAR Pty Ltd (ABN 95347221305) of PO Box 264,
Cremorne New South Wales 2090. hello@cirkular.com.au