0
 

Aquila Competition Terms and Conditions

Competition Schedule (‘Schedule of key terms’)

PART A

  1. Promoter: Aquila Pty Ltd ACN 004 428 568 of 204-206 Gipps St, Abbotsford, VIC, 3067  (Promoter)
  2. Entry Requirements: Entrants must be at least 18 years of age, must reside in Australia, must make a single purchase totalling at least $250.00 in any Aquila standalone store (Myer concession stores and Aquila outlet stores are excluded) and must make a random selection from the fish bowl of numbers provided.
  3. Maximum entries: 1 per person.
  4. Number of winners: There is no maximum number of winners, every entrant whose randomly selected number matches the winning Melbourne Cup racehorse number wins.
  5. Territory: Australia-wide.
  6. Promotion Period:  Competition commences 9:00am, Saturday 21 October 2017 and ends at 5:00pm on Monday 6 November 2017.
  7. Prizes:  Each Winner will receive a $60.00 Aquila gift card.  For the purposes of this Competition, the total prize pool is estimated to be no more than $6,000.00.  Aquila gift cards are subject to the terms and conditions located on each gift card and at www.aquila.com.au/accessories/gift-cards.html.
  8. Prize date and selection of winners: At the time of making the eligible purchase, each entrant will manually select a number from a fish bowl which will correspond to a Melbourne Cup racehorse number and that number will be written onto their purchase receipt.  The entrants’ details and horse number will be stored by the Promoter on its computer system.  If the racehorse that wins the Melbourne Cup horse race held at 3:00pm on Tuesday 7 November 2017, is the same number as the one selected at the point of sale and written on the purchase receipt, the Entrant will win a Prize.
  9. Publication of winners: Winners will be personally notified by email within 2 business days of the Melbourne Cup race.  Winners will also be announced online at www.aquila.com.au on 14 November 2017.  Prizes will be delivered to the winners by email upon confirmation of the winner’s eligibility.
  10. Winner eligibility: To be eligible to win, the contact details provided by the Entrant must contain correct and accurate information. 

 

PART B

  1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions.  The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and Promoter governing this Competition.

 

Participation

  1. Entrants must meet all of the Entry Requirements and follow the procedure in clause 3 below to enter the Competition.
  2. At the point of making the purchase as outlined in the Entry Requirements, the Entrant is to draw a number from a fish bowl in-store containing consecutive numbers 1 to 25 which each correspond to a Melbourne Cup racehorse.  The number drawn will be recorded on the entrant’s purchase receipt and the Aquila database.  The Entrant must provide the Aquila sales assistant with accurate contact details including their name, mobile phone number and email address.
  3. If a Melbourne Cup racehorse is scratched, injured or otherwise cannot participate in the Melbourne Cup, any Entrants who selected that racehorse’s number can no longer participate in the Competition.  The Promoter is not liable to any Entrant where any Melbourne Cup participant engages in unfair, illegal conduct during the Melbourne Cup.
  4. Entry is open Australia-wide.
  5. The Competition will be open from 9:00am, Saturday 21 October 2017 and ends at 5:00pm on Monday 6 November 2017.  All eligible entries must be received by Promoter during this time. Entries are deemed to be received at the time of receipt by Promoter and not at the time of transmission by the Entrant.
  6. Each Entrant will have randomly selected a number corresponding to a Melbourne Cup racehorse.  If that racehorse wins the Melbourne Cup at 3:00pm on Tuesday 7 November 2017, the Entrant will win a Prize.  Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win. 

 

Selection of Winner

  1. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
  2. As a condition of entry, each Entrant agrees that Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph) in any marketing and the winner will not be entitled to any fee for such use.
  3. As Prizes will be sent to Winners by email, the prizes cannot be unclaimed.  However, if for any reason under the law, a prize or element of a prize is unclaimed by the Winner within 3 months of the drawing date, the prize or element of the prize will be forfeited as the prize cannot be redrawn.

 

Reservation of rights

  1. Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission to claim a prize. Proof of identification and residency is at the absolute discretion of Promoter. If a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
  2. Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law.
  3. Promoter reserves the right in its sole discretion to disqualify any Entrant who the Promoter has reason to believe has breached any of the terms and conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of Promoter. Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

 

Personal information

  1. As a condition of entering this Competition, Entrants agree to provide personal information to Promoter and agree that their personal information may be stored on the Promoter’s database.  Personal information collected during the course of this Competition will be dealt with in accordance with Promoter’s Privacy Policy, located at www.aquila.com.au/privacy-policy.  Personal information submitted may be provided to third parties for the purpose of administering this Competition and distributing the prizes, including to agents, contractors and prize suppliers.  Promoter may also use this personal information to contact you regarding, marketing, offers or promotions from time to time.

 

Exclusion of liability

  1. Promoter accepts no liability for any late, lost or misdirected including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason.  To the maximum extent permitted by law, Promoter will not accept any liability for any error, omission or failure to administer this Competition. 
  2. Except for any liability that cannot be excluded by law all Entrants release from, and indemnify Promoter (including its officers, employees, agents and contractors), against, all liability (including negligence), cost, loss or expense arising out of acceptance of any prize(s) or participation in the Competition including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
    1. Except for any liability that cannot be excluded by law the Promoter  (including its officers, employees, agents and contractors) 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 Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Promoter ’s control); (b) any theft, unauthorised access or third party interference; (c) any error by Promoter staff; (d) any variation in prize value to that stated in the Schedule; (e) any tax liability incurred by a winner or Entrant; or (f) redemption or use of a prize.

 

General

  1. These terms and conditions are governed by and will be construed under the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria and its appellate courts.
  2. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  3. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.
  4. NSW Permit No. LTPS/17/18601.  ACT Permit No. TP 17/02082.  SA Licence No. T17/1937.