General Terms and Conditions

Any person entering this promotion (“you”) acknowledges and agrees that you have read these Conditions of Entry and that by entering the Promotion you are deemed to have accepted these Conditions of Entry.

1. Taxes

Any taxes which may be payable as a consequence of a winner receiving a prize are the sole responsibility of the winner. The Promoter encourages the winner to seek independent financial and tax advice.

2. Exclusion of Liability

a. Whilst the Promoter will use all reasonable endeavours to arrange the delivery of a prize, by entering this Promotion, a winner acknowledges that circumstances beyond the control of the Promoter may prevent the delivery of the prize (including the failure by the winner to notify the Promoter of any change to their delivery details). In such circumstances where the Promoter forms a reasonable belief that any delay or loss of the prize has not been caused or contributed by the winner’s negligence, fraud or misconduct, the Promoter may (if circumstances permit) re-deliver the prize to the winner.

b. To the extent permitted by law, the Promoter is not liable for any loss, including, but not limited to, direct, consequential (including economic) or indirect loss or any loss of profits, by reason of any act or omission, deliberate or negligent, by the Promoter or their servants or agents, in connection with this Promotion or the arrangement for supply, or the supply or failure to supply, of any goods or services by any person to a winner. For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).

c. Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that you might have that are not able to be excluded under applicable Australian consumer protection laws.

3. Personal Information Collection Statement

a. The Promoter complies with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

b. The Promoter may collect personal information when you enter the Promotion. Any personal information provided will be used by the Promoter for the purpose of conducting this Promotion.

c. If you do not provide the Promoter with your personal information, you may not be eligible to participate in the Promotion.

d. When you provide the Promoter with your personal information, the Promoter may disclose your personal information to its employees, contractors, partners or service providers (including those located overseas) in order to operate its business, to its regulators and to any other entity to whom all or part of the business may be transferred.

e. If required, your personal information may be disclosed to State and Territory lottery departments and winner’s names published as required under the relevant lottery legislation. The Promoter will use reasonable endeavours to provide you reasonable prior notice where their personal information is going to be disclosed to State and Territory lottery departments or published under lottery legislation.

f. For more information, please refer to the Promoter’s Privacy Policy, which can be accessed at https://www.tabcorp.com.au/privacy-policy. The Privacy Policy includes information about how you can access and seek the correction of your personal information, how you may complain about a breach of the Australian Privacy Principles and how complaints are dealt with.

g. You can also contact the Promoter by writing to Privacy Officer, Level 13, 180 Ann Street, Brisbane, QLD 4000 or by emailing privacy@tabcorp.com.au.

4. Marketing and Promotional Activities

a. Any entries become the property of the Promoter.

b. By entering the Promotion, you consent to your personal participation in reasonable promotional activities as requested by the Promoter, and any marketing and publicity purposes without any further reference, payment or other compensation to you. For the sake of clarity, participation in promotional, marketing and publicity activities may only extend to winner of a prize in the Promotion (unless otherwise stated in these Terms and Conditions).

c. If you opt-in to receiving marketing communications at the time of entering this Promotion, you authorise the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion and business partners to send you future direct mail and/or electronic messages including SMS, MMS, and email regarding any promotional, marketing and publicity activities.

d. You consent to the publication of your name and suburb of residence (however their full address will not be published) and agree to participate in reasonable Promotion activities as requested by the Promoter without any further payment or compensation (if deemed a winner in the Promotion).

5. General

a. The Promoter, its employees, officers, agents and its parent companies and subsidiaries are not responsible for and shall not be liable for:

  i. any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted;

  ii. any injuries, losses (including, without limitation, loss of profits), or damages of any kind caused by the Prize or resulting from acceptance, possession, use, or misuse of a prize, or from participation in the Promotion or downloading material from tabrewards.com.au or tab.com.au or TAB App;

  iii. any printing or typographical errors in any materials associated with the Promotion.

For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such injury, loss or damage and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).

b. Acting reasonably, the Promoter reserves the right to:

  i. conduct a review of publicly available information and other information available to the Promoter in relation to the winner and, if applicable, their guest/s (including background checks) for the purpose of assessing the honesty and integrity of the relevant winner;

  ii. in its sole and unfettered discretion, disqualify a winner or require a winner to select an alternative guest where any check returns an adverse outcome;

  iii. cancel or suspend the Promotion, should its fairness, integrity or proper operation be compromised;

  iv. disqualify any person who engages in offensive, illegal or objectionable conduct in respect of this Promotion;

  v. disqualify any person who tampers with the entry process or violates these Terms and Conditions;

  vi. cancel, terminate, modify or suspend the Promotion in accordance with any written directions from a regulatory authority;

  vii. request a winner provide proof of age, identity or proof of residency at the nominated prize delivery address.

c. In the case of intervention of outside events (e.g., natural disasters, systems failures, civil unrest), the Promoter may cancel the Promotion or restart it under the same conditions subject to Australian law.

d. By entering this Promotion, you acknowledge that accepting the prize may require signing a legal release in a form determined by the Promoter.

e. If a situation arises that is not covered by these Conditions of Entry, the Promoter will make a decision. You may request an internal review. Subject to regulatory requirements, the internal review decision is final and binding.

f. If a winner breaches these Terms and Conditions (a “Refused Winner”), the Promoter may refuse to award or allow participation in any aspect of the prize and may notify regulators as required.

g. Entries are deemed received when received by the Promoter, not at time of submission. Promoter records are final.

h. If a winner does not claim their prize within a reasonable time or is unavailable, they forfeit the prize.

i. No part of a prize is exchangeable, redeemable for cash or transferable unless specified in writing.

j. If a prize is unavailable, the Promoter may substitute it with a prize of equal or greater value.

k. If there is a dispute regarding identity, the Promoter may determine the identity at its discretion.

l. If a prize is supplied by a third party, their terms apply. To the extent permitted by law, the Promoter is not liable for delays or failures by third-party suppliers.

m. Incomplete or illegible entries may be deemed invalid.

n. Automated or repeated entry software is prohibited.

o. Failure by the Promoter to enforce any rights does not constitute a waiver of those rights.