MJ Bale

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.

2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoters and not at the time of transmission or deposit by the entrant. Records of the Promoters and their agencies are final and conclusive as to the time of receipt.

3. Valid and eligible entries will be accepted during the Promotional Period.

4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoters, their distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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, step-sister or 1st cousin.

5. Draw: a) The draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12:00 pm AEDT on 20/12/18 using computerised random selection. i) The first valid entry drawn will win the prize pack specified in the Schedule above. b) The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn. c) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoters will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.

6. All reasonable attempts will be made to contact each winner.

7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoters, or is unavailable, they forfeit the prize and the Promoters are not obliged to substitute the prize.

8. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoters accept no responsibility for any variation in the value of the prizes after that date.

9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoters.

10. Tickets or rights for alcohol prizes will not be distributed by or to any person under 18, nor can a person under 18 dispense or collect an alcohol prize. Entrants will be refused service of alcohol or provision of an alcoholic beverage prize if it would breach any relevant laws or codes including those relating to the responsible service of alcohol. The Promoters support the responsible service of alcohol.

11. If a prize (or portion of a prize) is unavailable the Promoters reserve the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.

12. No entry fee is charged by the Promoters to enter the Promotion.

13. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoters, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

14. If there is a dispute as to the identity of an entrant or winner, the Promoters reserve the right, in its sole discretion, to determine the identity of the entrant or winner.

15. Entrants' personal information will be collected by the Promoters. Personal information will be stored on the Promoters’ databases. The Promoters may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoters are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and their privacy policy which is located at https://www.danmurphys.com.au/help/privacy-policy-content (for Dan Murphy’s) and https://www.mjbale.com/legal/privacy-policy.html (for M.J. Bale). Each Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the respective Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoters collect personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.

16. The Promoters reserve the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoters determine in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoters in its absolute discretion, prior to receiving a prize.

17. If a prize is provided to the Promoters by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not either Promoters. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoters accept no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.

18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

19. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoters, the Promoters may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

20. The Promoters reserve the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoters to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoters’ discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.

21. The Promoters reserve the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoters is final and binding on each entrant and no correspondence will be entered into.

22. The Promoters and their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

23. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoters may use any such marketing and editorial material without further reference or compensation to them.

24. The Promoters accept no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

25. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of these rights.

26. Authorised under: ACT Permit No. TP 18/02380 and NSW Permit No. LTPS/18/30323.

• Using the Services
  • 1.1

    The User acknowledges that M.J. Bale reserves the right change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. M.J. Bale may temporarily or permanently suspend or terminate access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms.

  • 1.2

    Access to and use of password protected and/or secure areas of the Website are restricted to authorised Users only. Unauthorised individuals attempting to access these areas of the Website may be subject to prosecution.

  • 1.3

    The User must not use the Services to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) or do any activity that:

    • Is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) third-party rights of any kind, including without limitation any patent, copyright, moral rights, trade mark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
    • contains any information or content that you know is not correct and current;
    • contains, promotes, or provides information about unlawful activities or conduct;
    • could harm, abuse, harass, stalk, threaten or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person;
    • may create a risk of any other loss or damage to any property;
    • may constitute or contribute to a crime or tort;
    • includes an image or personal information of another person or persons unless you have their consent;
    • impersonates any person or entity;
    • poses or creates a privacy or security risk to any person;
    • transmits (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";
    • solicits money, passwords or personal information from any person;
    • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
    • is in breach of any applicable laws or regulations.
  • 1.4

    By uploading, transmitting, posting or otherwise making available any Material via the Services, the User:

    • grants M.J. Bale (and its successors’ and affiliates’) business a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferrable licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Material and your name, voice, and/or likeness as contained in your Material, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and M.J. Bale’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
    • warrants that you have the right to grant the abovementioned licences;
    • warrants that the Material does not breach the Terms; and
    • unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
  • 1.5

    M.J. Bale reserves the right (but have no obligation) to:

    • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person;
    • monitor use of the Services and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request; and
    • monitor disputes between you and other Users.
  • 1.6

    M.J. Bale reserves the right, in its sole discretion, to assert legal action with respect to Material or use of the Services, that M.J. Bale reasonably believes is or might be in violation of these Terms or M.J. Bale Policies. M.J. Bale’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

  • 1.7

    M.J. Bale will not be responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Services or posted on a third party platform about M.J. Bale and/ or the Services by any User or any other person or third party other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Services simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any User or any other person or entity other than us.

  • 1.8

    When you use the Services or send emails to M.J. Bale you are communicating with M.J. Bale electronically. You consent to receive communications electronically from M.J. Bale and its associated entities(as outlined in Privacy Policy). M.J. Bale will communicate with you by email or by posting notices on the Website or Social Media Pages. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

  • 1.9

    You consent to receive communications electronically from M.J. Bale and its associated entities (as outlined in Privacy Policy). M.J. Bale will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

• Member Accounts
  • 2.1

    In order to access some of the Services provided on the Website, you must become a member by creating a member account (Member Account).

  • 2.2

    Membership to the Website is free.

  • 2.3

    When registering for your Member Account you must provide certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

  • 2.4

    You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

  • 2.5

    On registration of your Member Account you will be provided with a password and username. You are solely responsible for the activity that occurs on your Member Account (including unauthorised use of your credit card) and you must keep your account password secure.

  • 2.6

    You must notify M.J. Bale immediately of any breach of security or unauthorised use of your Member Account. M.J. Bale will not be liable for any losses caused by any unauthorised use of your Member Account. You are prohibited from using another Member’s Member Account without permission.

  • 2.7

    We reserve the right to terminate your Membership Account at any time.

  • 2.8

    From time to time M.J. Bale may offer special promotional offers which may or may not apply to your Member Account. In addition to these Terms, you agree to be bound by any additional terms and conditions for these special offers.

• Privacy
  • 3.1

    We undertake to take all due care with any information which you may provide to us when accessing our Services. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed here.

  • 3.2

    By providing your email address to M.J. Bale you consent to our using the email address to contact you regarding changes to features of the Service and special offers and promotions. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

• Intellectual Property
  • 4.1

    You acknowledge that M.J. Bale owns all right, title, and interest, including all intellectual property rights, in the Services including the trade name, logos, trade marks, and service marks, and any content, data, software, technology, tools, or business methods used by M.J. Bale to develop, promote, market, sell, generate, or distribute the Services and otherwise perform under these Terms (collectively the “M.J. Bale IP”), are the exclusive property of M.J. Bale and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license, title or interest in or under any M.J. Bale IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any M.J. Bale IP without the express written consent of M.J. Bale. Use of the M.J. Bale IP for any purpose not expressly permitted by these Terms is strictly prohibited.

  • 4.2

    You shall not use or display the M.J. Bale IP in any way that states or implies that M.J. Bale has endorsed or approved your products or services.

  • 4.3

    All goodwill and improved reputation in respect of and associated with the M.J. Bale IP will vest to the sole benefit of M.J. Bale.

  • 4.4

    You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place M.J. Bale under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, M.J. Bale does not waive any rights to use similar or related ideas previously known to M.J. Bale, or developed by its employees, or obtained from sources other than you.

  • 4.5

    M.J. Bale takes no responsibility and assumes no liability for any Material that you or any other User or third party posts or sends over the Services. You will be solely responsible for your Material and the consequences of posting or publishing it.

• Third Party Websites
  • 5.1

    Our Services may link to third party websites or resources which are not owned or operated by M.J. Bale. Because M.J. Bale has no control over such sites and resources, you acknowledge and agree that M.J..Bale is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. MJ Bale is not responsible for the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.

  • 5.2

    You further acknowledge and agree that M.J.Bale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

• Representations & Warranties
  • 6.1

    The User represents and warrants that: (a)it will comply with all laws applicable to its obligations under these Terms; (c) any Material, including any representations made by the User do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of any third party.

  • 6.2

    To the maximum extent permitted by law the M.J. Bale Services are provided “as is”, without any warranty of any kind, and on an “as available” basis. M.J. Bale makes no representations or warranties, express or implied, including without limitation any implied warranty that the Services are merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose, non-infringing or free of defects, errors or other harmful components or able to operate on an uninterrupted basis, or that the use of the Services by the User is in compliance with applicable laws or that information transmitted in connection with the Services will be successfully, accurately or securely transmitted.

  • 6.3

    M.J. Bale does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Services by any party other than M.J. Bale, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.

  • 6.4

    Other than as required under applicable consumer protection law, under no circumstance will M.J. Bale be liable for any loss or damage caused by a User's reliance on information obtained through the Services or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Services, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

• Indemnities
  • 7.1

    The User, at your sole cost and expense, will defend, indemnify and hold M.J. Bale (its officers, directors, agents, subsidiaries and employees) harmless from and against any claims, lawsuits, demands, actions, proceedings or investigations from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to legal fees and costs) arising out of or relating to any of the following:

    • your (i) fraud, wilful misconduct, or negligence or (ii) breach or alleged breach of these Terms;
    • your Material; or
    • any infringement, misappropriation,
or other violation, of any patent, trade mark, copyright, publicity, privacy, trade secret,
or other right of any third party by you, your Material, or the use thereof.
• Limitation of Liability
  • 8.1

    To the maximum extent permitted by applicable law M.J. Bale and its directors, officers, employees, partners, contractors, subsidiaries, agents, licensors, managers and affiliated companies will not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if M.J. Bale has been advised on the possibility of such losses), that result from the use of, or inability to use, the Services.

  • 8.2

    Under no circumstances will M.J. Bale be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services.

  • 8.3

    To the maximum extent permitted by applicable law, M.J. Bale assumes no liability or responsibility for:

    • any errors, mistakes, or inaccuracies of content;
    • any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services;
    • any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
    • any interruption or cessation of transmission to or from the Services;
    • any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;
    • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or

       

    • any Material or the defamatory, offensive, or illegal conduct of any third party.
• General
  • 9.1

    Headings are for reference purposes only and do not limit the scope or extent of such section.

  • 9.2

    If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Terms will remain in full force and affect.

  • 9.3

    The failure of M.J. Bale to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of M.J. Bale to enforce each and every provision of these Terms.

  • 9.4

    These Terms are to be governed by and construed in accordance with the laws of New South Wales. The User irrevocably consents to the exclusive jurisdiction of the courts of New South Wales for purposes of any legal action arising out of or related to the use of the Services or these Terms

• Dan Murphy's & M.J Bale Spring Terms & Conditions ("Conditions of Entry")