Fathers Day Emoji Competition - Terms and Conditions

PROMOTION TERMS AND CONDITIONS – GAME OF SKILL

Promotion	Emoji Game of Skill – Fathers Day Comp
Promoter  ‘Our’, ‘we’, ‘us’	Mortgage Choice Somerton Park   ABN 2 Wilton Avenue, Somerton Park, S.A 5048   0499015565 The Promoter is a credit representative of: Mortgage Choice Pty Ltd, Australian Credit Licence 382869, or Smartline Operations Pty Ltd, Australian Credit Licence 385325 (as the case may be), which are owned by REA Group Ltd.
Promotion Period	From 10am on Monday 19 August to 11:59pm ( Adelaide Time) on Friday 30 August 2024
Prize	Warradale Food and Beverage Voucher Up to 1 prize to be won Total Prize Value: AU$120
Entry	To enter, during the Promotion Period, entrants must complete the following steps:   ●        Follow Mortgage Choice Somerton Park Matt Skrokov and   ●        comment on this post with the three emojis that best describe your dad.  Limit of one (1) entry permitted per eligible person.
Judging	Judging criteria  Entries will be individually judged based on Creativity.   Time and place  The judging will take place at Somerton Park on 31 August at 10am Judge(s) Entries will be judged by a Promoter representative.
Notification	The winner will be notified within two business (2) days of the winner being chosen, by direct message on Facebook or Instagram.   The winner’s first name will be published on Facebook, Mortgage Choice Somerton Park – Matt Skrokov within fourteen (14) days of the winner being notified.  The prize will be presented to the winner at the Promoter’s location (or any other mechanism as agreed between the Promoter and the winner). The winner must provide sufficient identification upon receiving the prize.

  

 

General Terms 

• Information on how to enter and prize(s) form part of these Terms and Conditions. Participation in this Promotion (“Promotion”), is deemed acceptance of these Terms and Conditions. 

 Eligibility 

• To enter, you must be a resident of South Australia aged 18 years or over (subject to the below paragraph).
• The following are ineligible:
• employees of realestate.com Pty Ltd ACN 080 195 535 and the Immediate Family of all such employees;
• franchisees of Mortgage Choice Pty Limited ACN 009 161 979 and Smartline Operations Pty Ltd ACN 086 467 727 and employees or contractors of such franchisees and the Immediate Family of all such employees and contractors;
• the suppliers and agencies associated with this Promotion and employees or contractors of these suppliers and agencies.
• In these Terms and Conditions, 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, step-sister or first cousin. 
• We may contact you to verify your identity, age and/or place of residence to confirm your eligibility to enter.  The Promoter reserves 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, the winner will forfeit the prize in whole and no substitute will be offered. 
• Entry into this Promotion is free. Any costs associated with accessing Facebook or Instagram is the entrant’s responsibility and is dependent on the internet service provider used.

 

  Entries  

• You are fully responsible for all of your entry content and materials you submit via this Promotion, including but not limited to all comments, responses, videos, artwork and images (Entry Content). The Promoter shall not be liable in any way for such Entry Content to the fullest extent permitted by law.   
• Entries received after the Promotion Period will not count towards the Promotion. The Promoter is not responsible for any late, lost or misdirected entries.
• As only one entry is permitted per eligible individual, your first entry will be deemed to be the entry (we will disregard later entries including ones submitted via alternative social media accounts). 
• We may remove or refuse to publish Entry Content without notice where it is reasonably necessary to protect the legitimate interests of the Promoter or where such Entry Content is in breach of applicable laws.
• You warrant and agree that: 
• your Entry Content is your original work or you have the full prior consent of the author(s) or any person who has any rights in the Entry Content to the uses contemplated by these Terms and Conditions, and the Entry Content does not infringe the rights of any third party;  
• your Entry Content is not unlawful, misleading or deceptive, fraudulent, or that the Promoter may deem, in its reasonable opinion, in breach of any intellectual property, privacy, publicity or other rights, discriminatory, defamatory, obscene, sexually inappropriate, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, unsuitable for children aged under 15, or otherwise unsuitable for publication;  
• your Entry Content will not contain viruses or cause injury or harm to any person or entity;
• you will obtain prior consent from all author(s) or any person who has any rights in or to the Entry Content;
• if your Entry Content depicts, quotes or refers to another individual or the brand or product of another entity, you have the consent of that individual or entity;
• you consent to any use of the Entry Content which may otherwise infringe the Entry Content creator’s/creators’ moral rights under the Copyright Act 1968 (Cth) and you warrant that you have full authority to give that consent; and
• you will comply with all applicable laws and regulations in relation to the Entry Content, including without limitation, those governing or relating to copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.  
• If your Entry Content breaches these Terms and Conditions or is incomplete, indecipherable or inaudible, we will deem the entry invalid. 
• As a condition of entering this Promotion, you license and grant us and our related entities a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display your Entry Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 
• You agree that if you are a winner, you consent to us using and publishing your name, social media account name/handle, image and likeness to promote this Promotion, the Promoter or any products or services we supply. 

  Judging 

• Each entry will be individually judged based on the Judging Criteria. This is a game of skill, and chance plays no part in determining the winner.   
• We may select additional reserve entries which we determine to be the next best having regard to the Judging Criteria, and record them in order, in case of an invalid entry or ineligible entrant. 
• Our decisions are final and no correspondence will be entered into. 

 

 

 Winner

• The winner will be notified in accordance with the Notification.
• If for any reason the winner does not take or claim 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.

 

Prizes 

• If you win the Prize but do not take it (or part of it) at the time specified by us (as notified to you), then you will forfeit the Prize (or the relevant part of it).  
• If the Prize (or part of it) is unavailable, we will provide a substitute prize of equal value and/or specification. 
• You cannot exchange the Prize (or any part of it) for cash, goods or services. 
• The Prize may require you to accept terms that apply to the use or supply of the prize (for example terms and conditions attaching to subscription products, supply of goods, event entry conditions, etc.).  We are not a party to any third-party terms. 
• The Promoter will not be responsible for any delay, loss or damage to the Prize once it has left the Promoter’s control.
• Any ancillary costs associated with redeeming a gift card/voucher are not included. Any unused balance of a gift card/voucher will not be awarded as cash. Redemption of a gift card/voucher is subject to any terms and conditions of the issuer including those specified on the gift card/voucher.

 

 

• Winners are responsible for all costs associated with attending the experience, including but not limited to travel to and from the location of the experience.

 

 

General 

• These Terms refer to Melbourne time unless otherwise stated. 
• The Promoter reserves the right, in its sole discretion, to disqualify any entrant who has materially breached any of Terms and Conditions, or tampered with the entry process or engaged in any unlawful or other improper misconduct which may impact the fair and proper conduct of the Promotion. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter or the entrant to enforce any of its rights at any stage does not constitute a waiver of those rights.
• 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 to modify, suspend, terminate or cancel the promotion, as appropriate.
• Nothing in these Terms and Conditions limits, excludes or modifies the consumer guarantees under the Competition and Consumer Act (2010) Cth, as well as any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees, 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 outside of the reasonable control of the Promoter; (b) any theft, unauthorised access or third party interference; (c) any entry or prize 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) use of a/the
• In no event will either the Promoter’s or the entrant’s liability include any amount for indirect, special or consequential loss or damage, loss of profits, loss of opportunity or loss of commercial advantage.

 

• We collect your personal information to conduct the Promotion and may, for this purpose, disclose your personal information (including but not limited to your name and social media account names) to third parties, including advertising clients, service providers, Mortgage Choice Pty Ltd (and its related bodies corporate), and prize suppliers. Entry is conditional on providing this personal information. We will also use and handle your personal information in accordance with our Privacy Policy https://www.mortgagechoice.com.au/legal/privacy-policy/. The Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information, 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. In addition to any use that may be outlined in the Privacy Policy, by entering this Promotion entrants also agree to be subscribed to the email database of the Promoter, and to receive future communications from the Promoter via email. All entries become the property of the Promoter. The Promoter will not disclose personal information to any entity outside of Australia.
• If your contact details change during this Promotion, you must notify the Promoter.

 

• Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php and/or the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.

 

• This Promotion is in no way sponsored, endorsed or administered by or associated with Meta (Facebook or Instagram). You understand that you are providing your information to the Promoter and not to Meta (Facebook or Instagram). The information you provide will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Meta (Facebook or Instagram). Meta (Facebook or Instagram) will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.