Terms and Conditions – Favourite Indian or Australian 2015 CWC victory

Win a Spartan cricket bat signed by Michael Clarke or MS Dhoni (“Competition”)

TERMS AND CONDITIONS

For your chance to enter the “Win a Spartan cricket bat signed by Michael Clarke or MS Dhoni” Competition, participants are required to answer in 25 words or less, on the Spartan website at www.spartansports.com.au: “Which has been your favourite Indian or Australian victory during the 2015 Cricket World Cup and why?”

Here are the Terms and Conditions (“Terms”) of entry for the Competition, conducted by Spartan Sporting Goods Pty Ltd, ABN 55 089 174 176 of Suite B 30 Suakin Drive, Mosman NSW 2088 (telephone: +61 2 8074 5694) (“Spartan Sporting Goods Pty Ltd”). Please read these Terms carefully because by entering this Competition you are deemed to accept them:

Competition Period

  1. The competition will be open from 12:00pm March 26th 2015 – until 12:00pm AEST March 29th 2015 (the “Competition Period”):

The Prize

  1. The prize for the Competition is an opportunity to win 1 (one) Spartan cricket bat signed by Michael Clarke or MS Dhoni, valued at $250.00 RRP (“Prize”)
  2. Prize is not transferable or exchangeable (including for cash). Part or parts of the Prize will not be substituted for other benefits or items at the request of the winner.
  3. If any element of the Prize becomes unavailable for any reason beyond the control of Spartan, a similar prize of equal value will be awarded in lieu.
  4. Winner (and any person accompanying the winner in relation to the Prize) are responsible for any:

a. taxes for which they may be liable as a result of a Prize; and

b. expenses not specifically mentioned as being included in the Prize (for example, unless otherwise stated to form part of the Prize, accommodation, travel expenses, food or beverages purchased and all other costs, including travel insurance, are not included in the Prize are the responsibility of the winner/s and of any person/s accompanying the winner/s).

5. The stated value of the Prize is based on recommended retail price of the bat (including GST) at the date of publication. Spartan accepts no responsibility for any change in the value of the Prize between that date and the date on which the Prize is delivered to a winner.

Entry into the Competition

  1. Entry is free but entrants should be aware that they may be subject to charges depending on their own individual arrangements for internet access.
  2. The Competition is only open to individuals in regions of our Spartan Sport distributors and retailers.
  3. Notwithstanding clause 7, the Competition is not open to:

a. Employees of Spartan and any subsidiary, parent company, agent or affiliate of Spartan ABN 55 089 174 (collectively, “Affiliates”); or

b. Members of the immediate families of employees of Spartan and Affiliates.

How to Enter

Entrants are required to answer in 25 words or less, “Which has been your favourite Indian or Australian victory during the 2015 Cricket World Cup and why?” as featured in the form on the Spartan Website, accessible by clicking on the promotional tile within Spartan Sports Homepage. The question refers to your favourite Indian or Australian victory in the 2015 Cricket World Cup.

  1. The following entries will be invalid:

a. entries received outside the Competition Period;

b. entries not submitted from a personal account;

c. entries that duplicate or nearly duplicate another entry that entrant has submitted;

d. incomplete entries;e. entries that Spartan, in its sole discretion, determines fraudulent (including entries that misrepresent the eligibility of the entrant); and

e. multiple entries from a single individual using multiple accounts.

2. Spartan may, in its sole discretion, disqualify any entry that in its view is or is potentially objectionable, including (without limitation) any entry that:

a. is not reasonably comprehensible;

b. is obscene, defamatory, insulting, discriminatory and/or inflammatory;

c. infringes on intellectual property rights of any third party;

d. constitutes an invasion of privacy; and/ore. is generally damaging to the goodwill and/or reputation of Spartan and/or any sponsor of the Competition or Prize and/or of any Affiliate.

Winner/s

  1. Entrants can only win one of the prizes during the Competition Period.Winner[s] will be selected on the basis of creativity and humour from all correct, valid and eligible entries received. The judging will take place at The Promoter’s premises, Suite B 30 Suakin Drive, Mosman NSW 2088, commencing on 12:00pm Tuesday 31st March 2015.
  2. All decisions of Spartan and/or the competition judges (including in relation to the selection of a winner) are final and binding on entrants in all respects, and no correspondence will be entered into.
  3. Two winners will be chosen. These will be decided on the best 25 word answer for an Indian victory in the 2015 Cricket World Cup and the best 25 word answer for an Australian victory in the 2015 Cricket World Cup. The winners of each respective 25 word answer will receive a signed bat from the corresponding athlete from that country.
  4. The winner will be contacted via the email address provided. All reasonable endeavours will be made to contact the winner during this time.
  5. Spartan will draw the winner(s) and distribute the prize to winner(s). The winner’s mailing information as per the entry form will be confidentially passed on to Spartan for distribution.
  6. Publication of the winner on the Spartan site/app is not determinative and the Prize will only be awarded subject to confirmation by Spartan that the winner has complied with these terms.
  7. The Prize may be forfeited (with no substitute offered) and an alternative winner selected in accordance with the winner selection procedure set out above if a winner:

a. does not accept an element of the Prize as arranged with Spartan;

b. does not or cannot provide Spartan with proof of identity and/or residence if requested by Spartan to do so; or

c. does not comply with any other Term of the competition.

7. Spartan reserves the right to withhold a Prize from any entrant who Spartan, in its absolute discretion, determines:

a. has not met any of the criteria set out in these Terms;

b. is not in a mental or physical condition to safely use the Prize or attend an Event; and/or

c. has engaged in any behaviour that jeopardises the fair and proper conduct of the Competition.

8. Spartan reserves the right, in its absolute discretion but subject to relevant State and/or Territory law, to cancel the Competition and not award any Prize:

a. (for competitions that are judged on the merit of entries) if no entry of sufficient merit is received; and/or

b. if Spartan is unable to proceed with the Competition (including any judging and/or draw) as a result of circumstances beyond its control including, without limitation, vandalism, hacking, computer virus or bugs, server breakdown, acts of terrorism, acts of God, civil unrest, strikes and power failures.

Warranties, limitations, releases and consents

  1. By entering you grant us an irrevocable, non-exclusive, royalty-free, worldwide and transferable licence to publish your entry and username on our app and website and the right to sub-license use of your entry and user name to our promotion partners (as applicable) for other uses, including broadcast on TV.
  2. Entrants promise that entries will be original and will not infringe any third-party intellectual property rights (including copyright and trade marks) and will not breach any obligation of confidentiality.
  3. Winners can be photographed and/or filmed at any Event and during any event associated with the delivery or handing over of a Prize, and entrants grant to Spartan and Affiliates the right to take and to publish such photographs and/or footage and to use an entrant’s name for promotional purposes without additional payment from Spartan or any third party or additional consent having to be obtained by Spartan or any third party.
  4. To the maximum extent permissible by law:

a. Spartan takes no responsibility and makes no warranties or representations, express or implied, in relation to a Prize, including but not limited to warranties of reliability, merchantability or fitness for a particular purpose;

b. entrants waive any right to claim from Spartan for any disappointment, costs, expenses, loss or damage suffered that arises out of or in connection with the possession or use of a Prize; and

c. all liability for any defects whatsoever in or relating to the Prize remains with the relevant supplier or manufacturer or, in the case of an Event, the person or organisation holding or running that Event.

5. Neither Spartan nor any Affiliate is or will be responsible for any lost, late, illegible, incomplete, postage due, misdirected or mutilated mail, any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable connections, or failed incomplete, garbled or delayed computer or mobile phone transmissions (or any other event outside the reasonable control of Spartan or any Affiliate) which may limit or prevent an entrant’s ability to participate in the Competition and/or collect, receive or be notified of any Prize and/or which results in any damage to, delay of or loss of a Prize during or after delivery.

6. Neither Spartan nor any Affiliate will be responsible for:

a. any Prize lost, damaged or stolen in transit once it has left the possession of Spartan and/or an Affiliate; or

b. any failure or inability on the part of a winner to attend an Event.

Winners are responsible for insuring against their own losses for loss, damage or theft during transit and/or for their inability to attend an Event.

7. Entrants release Spartan and Affiliates (including all directors, officers, employees, attorneys, agents and representatives of Spartan and Affiliates) from, and hold harmless for, any damage, injury, death, loss, claim, action, demand or other liability that may arise from:

a. their acceptance and/or use of a Prize (including any misuse or malfunction); and/or

b. their participation in this Competition and/or attendance at an Event.

8. Winning entrants and/or persons accompanying a winning entrant to an Event may be required by Spartan and/or an Affiliate to sign a written release covering the types of matter set out in clause 32. The form of such a release may be determined, in their absolute discretion, by Spartan and/or an Affiliate

Personal information

  1. As part of the process of running the Competition and awarding and delivering a Prize, Spartan may collect personal information of entrants, including name, email address, residential address, contact phone number/s, date of birth and gender (“Personal Information”).
  2. Any Personal Information of entrants may be used by Spartan:

a. for the purpose of conducting and promoting the Competition (including verifying eligibility, delivering a Prize and complying with any applicable law but otherwise

b. for a Spartan sport related marketing campaign for a period of one (1) month after entry

3. Any request to access, update and/or correct Personal Information should be directed to Spartan at info@spartansports.com.au or to the contact at Spartan as advised in the email winners will receive.

General

  1. Entrants agree:

a. to be bound by these Terms and the general Spartan terms of use

b.to comply with all reasonable conditions of use of a Prize and any reasonable requirements of any person or organisation that supplies a Prize;

c. to conform to all applicable laws and regulations; and

2. A failure by Spartan to enforce, or a waiver by Spartan of, any one or all of these terms will not give rise to any claim or right of action by any person or entrant.

3. These Terms constitute the entire agreement between the entrants and Spartan and supersedes and extinguishes any previous agreements, arrangements and understandings between them, whether written or oral, relating to the competition or any other subject matter set out in these Terms.

4. These Terms are governed by the laws of New South Wales and are subject to the exclusive jurisdiction of the courts in New South Wales.

For all enquiries relating to this competition please contact Spartan: info@spartansports.com.au