Promoter

The promoter is IPD Australia Pty Ltd ABN 19 075 619 037 (“IPD”) of 43 Newton Road, Wetherill Park, NSW, 2164 ("Promoter").

1. Information on eligibility, mechanisms on how to enter, the Prizes, the information below form part of these Terms and Conditions. An Entrant’s participation in the Promotion is deemed acceptance of these Terms and Conditions.

2. Eligibility: Entry is open to Australian residents. (Entrants). Employees, immediate family members, IPD Dealers (including employees of the IPD Dealers), retailers, suppliers, associated companies and agencies related to IPD are not eligible to enter the Promotion. All entries of Entrants who are under the age of 18 years must have the consent of their legal guardian. Any entries of Entrants who are under the age of 18 years who do not have the consent of their legal guardian and who enter the Promotion without disclosing, or by attempting to conceal, their age will be deemed invalid.

3. How to enter: To enter and be eligible, Entrants must, during the Promotional Period:

4. Multiple entries: Entrants must enter the Promotion in their own name. There is a limit of one (x1) entry per person during the promotional period, provided these Terms and Conditions are complied with on that occasion. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.

5. Verification of Entrants: IPD reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s name, age and place of residence) and to disqualify any Entrant. Failure by IPD to enforce any of its rights at any stage does not constitute a waiver of those rights.

6. Game of chance: As the Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. The winning Entrant will be confirmed by IPD.

7. Expenses: Entrants are responsible for all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated in these Terms and Conditions).

8. Final decision: Any decision by IPD is final and no correspondence will be entered into with Entrants regarding the decision. 

9. Prize:

10. Unavailable Prize: If the Prize is unavailable and IPD has used all reasonable efforts to arrange the Prize, IPD reserves the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from any competent regulatory authority. 

11. Prize Draw: The Prize will be awarded as follows:

12. Notification of winning Entrant: The winning Entrant in the Prize Draw will be notified verbally on the stand within 30 seconds. In addition to the written notification, the winning Entrant may also be notified in person and/or by telephone within 24 hours of the relevant Draw. The winning Entrant will be instructed to confirm their eligibility to claim the Prize. The Promoter will not request payment details from the winning Entrant to claim a Prize. The Promoter will take all reasonable steps to notify the winning Entrant.

13. Redemption period for the winning Entrant: 

14. Unclaimed Prize Draw: Draw will be deemed to be forfeited by the alternative winning Entrant and neither cash nor any other prize will be awarded in lieu of that Prize.

15. Notification of the alternative winning Entrant: The winning Entrant in the Prize Draw will be notified verbally on the stand within 30 seconds. The alternative winning Entrant will be instructed to confirm their eligibility and ability to claim the Prize. The Promoter will not request payment details from the alternative winning Entrant to claim a Prize. The Promoter will take all reasonable steps to notify the alternative winning Entrant.

16. Invalid entries: An entry will be deemed or found to be invalid if the entry is incomplete, the entry details submitted are incorrect and/or if the Promoter forms the view that the Entry contains stolen, forged, mutilated or tampered information. In the event that an entry is deemed or found to be invalid, IPD may redraw or decide on another winning Entrant. 

17. Publicity: The last name, first initial of the winning Entrant and alternative winning Entrant will be published within 7 days of the relevant draw on the Site, at www.IPD.com.au. By entering the Promotion, the winning Entrant and alternative winning Entrant consent to the publication of such information.

18. By entering the Promotion, Entrants consent to IPD using their name, image and/or voice in the event that they are a winning Entrant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting the Promotor’s business and any products manufactured, distributed and/or supplied by IPD. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the Promotion as requested by IPD and its agents.

19. Email Database: By entering the Promotion, the Entrant agrees to IPD including the Entrant’s email address in IPD’s promotional email database and to receive promotional emails and communications from IPD, from time to time. To opt-out of the promotional emails and communications, the Entrant may contact IPD using IPD’s Contact Details.

20. Non-Excludable Guarantees: 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 Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).

21. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, IPD will not be liable under these Terms and Conditions for any consequential loss including but not limited to consequential loss, indirect loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

22. Liability: Except for any liability that cannot by law be excluded by law (including the Non-Excludable Guarantees) and to the maximum extent permitted by law, IPD (including its respective officers, related entities, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases IPD in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

23. Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure Event, and if as a result IPD is unable to carry out its obligations or to provide the Entrant with the Prize (or any part of it), IPD may in its absolute discretion, subject to any written directions made under any applicable State or Territory regulation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative prize or prizes to the same value as the original Prize. IPD will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. 

Force Majeure Event means any event or circumstance beyond IPD’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. IPD will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

24. IPD accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.  IPD has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

25. To the maximum extent permitted by law, as a condition precedent to accepting the Prize, a winning Entrant must sign any legal documentation as, and in the form, reasonably required by IPD and/or Prize suppliers, including but not limited to a legal release and indemnity form.

26. Online entries and dispute: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. IPD may ask any Entrant to provide IPD with proof that such party is the authorised account holder of the email address associated with the entry.

27. Personal information: IPD collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to IPD. All entries including the personal information in them becomes the property of IPD. The collection of personal information in relation to the Promotion will be managed in accordance with IPD’s Privacy Policy (available at www.ipd.com.au/privacy-policies).

28. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, IPD reserves the right to seek damages to the fullest extent permitted by law. If IPD suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify IPD for those losses, damages and costs. 

29. Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). IPD does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.

30. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.

31. General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

32. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.

33. Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.

34. Entire Agreement: These Terms and Conditions represent the entire agreement between IPD and any Entrant and supersede any prior agreement, understanding or arrangement between IPD and any Entrant, whether oral or in writing.

35. Representations: IPD excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

36. IPD Contact Details: IPD Australia Pty Ltd ABN 19 075 619 037 (“IPD”)