Website Use - Terms & Conditions

WIN A PLAYGROUND FOR YOUR SCHOOL TERMS & CONDITIONS

A: Special Conditions

Item 1

 

Competition Name SpongeBob Playground Competition (Competition)

Item 2

 

 

Competition Type

Game of Skill

Item 3

 

Promoter The promoter (Promoter) is VIMN Australia Pty Ltd ACN 107 601 418 of 1 Saunders Street, Pyrmont NSW 2009.

Item 4

 

Sponsor Munro Footwear Group Pty Ltd. Address: 28 Victoria Crescent, Abbotsford, VIC, 3067. ABN 41 007 878 079.

Item 5

 

Prize Provider KOMPAN Playscape Pty Ltd. Address: 7 Prosperity Place, Geebung QLD 4034. ABN: 22010572335

Item 6

 

Website

www.williamsshoes.com.au

www.mathers.com.au

Item 7

 

Entry Restrictions

(i)                Age – Entrants under 18 years should ask their parent/guardian for permission before entering the Competition and/or providing any Personal Information as defined in Clause 12 of the General Terms.

 

(ii)               Resident Status – Entrants must be residents of Australia  

 

(iii)              Employees of the Promoter or sponsor, any of its affiliate, parent or subsidiary companies and, or any agencies associated with this competition are not eligible to enter the

Item 8

 

Method of Entry

The Competition can be entered by the QR code supplied at checkout instore linking you to Mathers.com.au or Williamsshoes.com.au depending on which store you purchase from.

 

Entrants must:

A)     Purchase any SpongeBob School shoe in-store from either a Mathers or Williams store

B)     Scan the QR code to complete the entry form and agree to terms and conditions provided.

C)     Entrants provide an answer to the question in 50 words or less:

What does your school do to help the environment?

 

Entrants must provide the following information for a valid entry:

a.      First Name

b.      Last Name

c.      Email Address

d.      Phone Number

e.      Postcode

f.        State

g.      Product purchased

h.      Store purchased from

i.        Date of purchase

j.        Opt-In Checkbox

k.      Receipt number/

l.        School Name

Item 9

 

Competition Entry Opens 12.01 AM (AEDT) on January 2nd 2023

Item 10

 

Competition Entry Closes 11.59 PM (AEDT) on January 30th 2023

Item 11

 

Competition

The Competition will be judged on Thursday 2nd   February 2023.  

Item 12

 

Drawing Details The Competition will be judged at 28 Victoria Crescent, Abbotsford, 3067

Item 13

 

Notification Date Winners will be notified Friday10th February 2023 at 10am AEDT

Item 14

 

Notification Method

Winners will be notified by email or phone.

It is the responsibility of each entrant to ensure that the details in their entry are correct, including without limitation telephone contact number, email and postal address details, and no responsibility will be taken by the Promoter for any incorrect or out of date information. Entrants must supply a valid telephone number with their entry.

Item 15

 

Prize

 

Draw Publication Details

There will be One (1) major Prize Winner/ who will win the following major prize:

 

·        One (1) Spongebob SquarePants branded KOMPAN GreenLine playground (consisting of 1 or more products) and associated costs including GST, freight and installation valued at/up to [$40,000AUD] for the school nominated by the entrant in accordance with section 7.

The prize must be delivered in accordance with conditions listed in Section 9.

Total major prize pool value: $40,000 AUD

 

Total prize pool value: $40,000 AUD 

Item 16

 

Unclaimed Prize Draw

Where a winner cannot be contacted in accordance with Clause 6 of the General Terms, the Promoter will hold an Unclaimed Prize Draw.

 

The judging will be held at 10am on 02/05/2023 at the location set out in Item 11 of these Specific Conditions and winners will be notified by the method set out in Item 14 of these Specific Conditions and published in accordance with the method set out in Item 14 of these Specific Conditions.

 

[Unless the prize is an event taking place on a specific date, the unclaimed prize draw should be three months after the original draw]

 

The unclaimed draw will be conducted on 2nd May 2023.

Item 17

 

Special Conditions

Entrants may enter this competition with any SpongeBob school shoe purchase at any Mathers or Williams store. Each transaction is eligible as one entry.

 

This promotion is only available to purchases made in-store at Mathers or Williams shoe stores. A list of stores can be found at:

Williamsshoes.com.au/store-locator

Mathers.com.au/store-locator

 

It is a requirement of entry that the Nominated school has been notified of the intention to enter and has approved the entry.

 

Facebook terms:

 

The Competition is in no way sponsored, endorsed or administered by, or associated with, Meta

 

By entering the Competition, each entrant releases Meta, Inc from any and all liability to the entrant arising in any way from the conduct of the Competition.
By entering this Competition, the entrant agrees to hold harmless, defend and indemnify Meta from and against any all claims, losses and expenses with respect to or arising out of or related to entrant’s participation in the Competition, or entrant’s participation in any prize related activities, acceptance of a prize and/or use or misuse of a prize.
The Promoter reserves the right to reasonably vary and/or modify these Specific Conditions for the duration of the Competition, and any such variations will be communicated by a re-published and uploaded version of the full Standard Terms and Conditions on the distributed platform, including but not limited to the Website. 

A.     General Terms

 

1.      Introduction

(a)    These are the General Competition Terms that govern the relationship between you, the Promoter and Sponsor when you enter this Competition and should be read in conjunction with the Specific Conditions in the above table to form the complete terms and conditions for this Competition (Terms and Conditions).

(b)    By submitting an entry into this Competition, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions

(c)    To the extent that there is any inconsistency between the Specific Conditions and the General Terms, the Specific Conditions will prevail.

2. Duration

(a)    This Competition will commence at the time set out in Item 8 of the Specific Conditions and will conclude at the time set out in Item 9 of the Specific Conditions. Entries received outside of these times will not be eligible.

(b)    The Promoter will not accept any responsibility for lost or late entries.

 

3. Entry Requirements

a.      Entrants restricted from entry in Item 6 of the Specific Conditions will not be eligible to enter the Competition and will be disqualified.\

b.      The employees of the Promoter or sponsor, any of its affiliate, parent or subsidiary companies, or any agencies associated with this competition are not eligible to enter the Competition.

c.      Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).

d.      Unless specifically set out as a Special Condition in Item 16 of the Specific Conditions, multiple entries are accepted, however, limited to one entry per purchase. Persons may not enter or participate in it on behalf of any third party.

e.      Should the Competition require the entrant to submit a photograph, audiovisual material or other material document, as a part of entry into or participation in this Competition (”Entry Materials”):

 

                (i)     Any Entry Materials provided to the Promoter and Sponsor by an entrant as part on an entry to this Competition will not be returned to entrants. Entrants are advised to not send original material.

               (ii)     All entrants acknowledge that the Entry Material may, at the discretion of the Promoter or Sponsor, be posted on the website;

              (iii)     All entrants hereby authorise the Promoter and Spondor to use, edit and reproduce the Entry Materials;

             (iv)     all entrants agree that the Promoter and Sponsor has the right to publish and communicate to the public the Entry Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes);

               (v)     all entrants agree that the Promoter and Sponsor have the right to use the entrants name, likeness or other information concerning and provided by the entrant in its use of the Entry Materials;

             (vi)     all entrants agree to fully release the Promoter now and forever from and against all actions, suits, claims and demands which they may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Entry Materials;

            (vii)     all entrants unconditionally waive all of their rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoter’s use of the Entry Materials; and

           (viii)     all entrants warrant that they have obtained permission from any other persons featured in the Entry Materials for the Promoter to use the Entry Materials in any of the manners set out above.

(f)      Cost to enter this promotion is the responsibility of the entrant. Costs to enter the Competition will depend on the method of entry and you should seek the permission of the person paying the bill before entering. The cost to enter via the Internet may vary so entrants should check with their network operator for current charges.

(g)    If this Competition involves:

                          (i)     entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or

                         (ii)     entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need an SMS compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard.

(h)    Entries via SMS, website/online form or email are deemed to have been made at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.

(i)      Should the Competition involve voting, the accuracy of the polling results received and published by the Promoter is final and binding and no correspondence will be entered into.

 

4. How to Enter

(a)    The Competition can be entered by the method set out in Item 7 of the Specific Conditions.

(b)    To enter, entrants must follow any requirements including submitting entries or answering any questions set out in Item 7 of the Specific Conditions.

(c)    Except where the method of entry in Item 7 is entry via SMS, all entries must include full contact details and all mandatory fields set out in Item 7 of the Special Conditions,, including name, phone number and email address. Where entry is via SMS, the details to be included in each entry will be set out in Item 7.

(d)    Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize. Specifically, inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified.

(e)    Where the entry mechanism in Item 7 includes logging into a website where the entrant already has a login name and password and is not creating a new profile, the entrant will be solely responsible for ensuring that all of their contact details including but not limited to postal address are correct, and have been updated if these details have recently changed. No responsibility will be taken by the Promoter for any incorrect or out of date information.

(f)      The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.

(g)    Unless otherwise agreed, any personal or confidential information submitted to the Promoter by any person in the course of entering or being otherwise involved in this Competition such as name, email address, residential address, telephone number will be treated in accordance with Clause 14.

(h)    Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize.

(i)      The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, or who submits an entry/claim which is not in accordance with these Terms and Conditions.

(j)      The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. 

 

5. Competition Judging and Drawing

1)      The decision of the judges is final and the Promoter will not enter into correspondence or communication regarding the judges’ decisions or the drawing of the Competition even where the Promoter may not have acted reasonably or where the Promoter is shown to have made a decision in error.

2)      Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a Prize Winner more than once, the Promoter will cause another name to be drawn/selected in their place.

3)      Different terms apply for games of skill and games of chance, and these are outlined in Clause 5A and 5B below.

 

5A. Judging

a)      This Clause 5A is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of skill. For games of chance please see Clause 5B.

b)      The Competition will be judged by the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.

c)      Winning entries will be selected by appropriately qualified judges on the quality and creativity of their entry submitted in accordance with Item 7 of the Specific Conditions. Where more than one judging criterion is set out in Item 17, equal weighting will be given to each of the criteria unless otherwise specified in Item 17.

 

5B. Drawing

(a)    This Clause 5B is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of chance. For games of skill please see Clause 5A.The Competition will be drawn at the time and on the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.

(b)    Winning entries will be drawn at random.

(c)    Details of Prize Winners will be published in accordance with Item 14 of the Specific Conditions.

 

6. Prize Winner Notification

(a)    Prize Winner(s) will be notified by the date listed in Item 12 of the Specific Conditions.

(b)    Prize Winner(s) will be notified by the method listed in Item 13 of the Specific Conditions based on the details provided in the entry. All reasonable efforts will be made to contact Prize Winner(s).

(c)    Where the Competition is a game of skill, and the Promoter is unable to contact a Prize Winner after reasonable efforts, the Promoter may award the prize to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.

(d)    Where the Competition is a game of chance, and the Promoter is unable to contact a Prize Winner after reasonable efforts or if a Prize Winner fails to claim a prize (other than an event-based prize as set out in Clause 9(a)(v)) within 3 months of notice being sent to the winner, the Promoter may conduct a redraw for the unclaimed or undistributed prize in accordance with Item 16 of the Specific Conditions.

 

7. Prizes

(a)    The prize(s) for the Competition is/are as set out in Item 16 of the Specific Conditions. The winning entry and their nominated school will become the “Prize Winners”. It will be the decision of the school whether the prize can be accepted as represented in these Terms & Conditions

(b)    Where prizes are specific goods, all prize values are the recommended retail value as provided by the supplier as set iyt ub Specific Condition 16 are in Australian dollars unless otherwise stated and are correct at the time of issue of these Terms and Conditions.

(c)    Where prize values are to be confirmed after the drawing/judging date (e.g. flights, transfers, or accommodation), prize values in Item 15 are maximum value estimates only, and the Promoter will be under no obligation to provide a prize to the exact value stated, or to reimburse a Prize Winner where the prize is less than the estimated value.

(d)    The Promoter takes no responsibility for variations in the prize value.

(e)    Subject to Clause 7(g), no prize in this Competition will be transferable or redeemable for any other prize, including but not limited to cash, and an entrant will not be given cash in lieu of any priz.

(f)      A winner will automatically forfeit their prize and another winner will be selected in their place if the winner is found or is reasonably suspected to be on-selling the prize to any other third party in exchange for payment (monetary or otherwise) or other goods or services, regardless of whether or not such payment, goods or services are equal to or greater than the value of the prize.

(g)    If a prize referred to in this Competition becomes unavailable for any reason the Promoter reserves the right to substitute a similar item of similar value, including in its sole discretion, providing the Prize Winner with cash to the value of any prize, subject to regulatory authority approval for games of chance.

(h)    Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner(s). Winners should seek independent financial advice prior to accepting a prize if this is a concern.

(i)      No prohibited prizes will be given away.

(j)      The Promoter, Prize Provider & Sponsor makes no representations or warranties as to the suitability of the Prizeandno compensation will be payable if, for any reason, the Winner is unable to use the Prize as stated.

(k)    The prize is valid for one (1) year from the date that it is awarded to the winner. If the Prize Winner cannot utilise the prize within this timeframe, the prize will become null and void unless an extension is granted by the Prize Provider.

(l)      The Prize Provider reserves the right to judge whether the prize can sufficiently be delivered according to its terms, conditions and policies and Australian Playground Safety Standards and may reject the site at its reasonable discretion.

(m)   Costs associated with the ongoing maintenance of the prize beyond the Prize Provider’s standard warranties (subject to terms and conditions stipulated by the Prize Provider) is to be paid for by the Prize Winner.

(n)    Costs associated with delivering the prize that exceed the prize pool value ($40,000AUD) are to be paid for by the Prize Winner.

(o)    The image of the prize represented in the campaign marketing materials is for demonstrative purposes only and is subject to change upon prize delivery.

 

8. Awarding the Prize

(a)    Prize collection may be required for games of skill only. For games of chance, the Promoter will arrange all prize delivery (except where the prize is a motor vehicle, in which case delivery or collection of the prize will be determined on a case by case basis).

(b)    If a Prize Winner is under the age of 18 at the time of awarding the prize (and this is not an entry restriction listed in Item 6) they must be accompanied by a parent or guardian when collecting any prize. Alternatively a prize may be collected by an authorised representative of the Prize Winner as agreed in writing between the Promoter and the Prize Winner. The Promoter may require any person collecting or receiving a prize to show photograph identification and/or sign a deed declaring that they have collected or received the prize before the Promoter gives the prize over.

(c)    The Promoter may require any person collecting a prize to sign a copy of these Terms and Conditions.

(d)    The Promoter may at its own discretion require any Prize Winner to submit to a police check to verify the Prize Winner’s identification details.

(e)    Once a prize has been collected or delivered the Promoter is not responsible for the use or distribution of any prize.

(f)      All prizes are subject to availability and must be used on any dates specified in these Terms and Conditions by the Promoter and/or the prize provider. Specifically, prizes may not be valid during school holidays or other peak or seasonal times designated by the prize supplier (such restrictions will be detailed in Item 17).

(g)    If Prize Winner(s) do not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.

(h)    The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details included in an entrant’s entry, or details that have not been updated by an entrant in any online profile associated with the entrant’s entry.

(i)      The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under this Competition, except to the extent that such liability cannot be excluded by law.

(j)      Where a prize involves a “meet and greet” element, the meet and greet with the celebrity/artist/public figure will be at the discretion of the celebrity/artist/public figure’s management and will at all times be subject to the availability of the celebrity/artist/public figure. The Promoter will use all reasonable endeavours to secure this prize element,but will not be liable for the failure of the winner and any accompanying guests to meet the celebrity/artist/public figure for whatever reason. Where the “meet and greet” element becomes unavailable, the Promoter may, at its sole discretion, award an alternative prize in lieu of the meet and greet, but will be under no obligation to do so.

(k)    The Promoter reserves the right to exclude any persons from the Competition on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:

i)        contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or

ii)      Prize Winner is abusive, aggressive, confrontational or acts unreasonably in the Promoter’s sole discretion; and/ or

iii)     the safety of any of the Promoter or Sponsor’s  staff member’s  is compromised

(l)      Prize Winners agree to participate in any promotional activity (including photography/videography of children in line with appropriate data protection laws) promoting the Promoter, Sponsor, Prize Provider, prize sponsors and/or the Competition at the reasonable request of the Promoter and/or Prize Provider.

(m)   If the winner(s) is/are allowed to bring any guests the number of guests will also be set out in the Prize description at Item 15 of the Specific Conditions (Allowed Guests).

(n)    Any Allowed Guest also agrees to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.

(o)    For Event-based prizes, if alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the Venue. The Venue staff and management reserve the right to refuse service of alcohol to any Prize Winner or Allowed Guests should they be deemed to be intoxicated.

(p)    The winner(s) and any Allowed Guests are solely responsible for all insurance, applicable taxes and for any expenses or costs not specified in the Prize description.

(q)    Where the winner(s) is/are under eighteen (18), any Allowed Guest(s) must include a parent or legal guardian without exception.

(r)     It is a condition of accepting a Prize that the Winner(s) agrees to participate in and cooperate with all news, media / PR activities surrounding the Competition or reasonable media editorial requests, including but not limited to, being interviewed, photographed and filmed, and the Winner grants the Promoter a perpetual, irrevocable, non-exclusive, royalty free licence to use such footage and photographs in all media worldwide and the Winner will not be entitled to any fee for such use. The inclusion of any such recordings, footage or photographs (including but not limited to creative control of such recordings, footage or photographs) will remain with the Promoter(s) at all times.

 

9. Installed Prizes

a)      The prize must be delivered in collaboration with the Prize Provider and the relevant regional sales and installation partner (associate) assigned to the corresponding state of the Prize Winner.

b)      All operational and sales processes required or requested to deliver the prize must be done in accordance with the Prize Provider’s and/or associate’s terms, conditions and policies.

c)      The prize must be engineered and installed in accordance with the Prize Provider’s and/or associate’s terms, conditions and policies and designed subject to the site requirements and limitations in accordance with the relevant Australian Playground Standards (AS4685).

d)      The Prize Provider and/or associates reserve the right to judge whether the prize can sufficiently be delivered according to its terms, conditions and policies and Australian Playground Safety Standards and may reject the site at its reasonable discretion.

e)      The prize will be delivered in accordance with the Prize Provider’s standard warranty policies. The Prize Provider’s warranty information is located at: https://www.kompan.com/en/au/products/warranty

 

10. Intellectual Property

(a)    The Promoter and/or Prize Provider may record, reproduce, publish, adapt, communicate or otherwise use the entrants’ and/or Prize Winners’ performances, names, voices, and likeness for the purposes of creating or producing any television program or other audio, visual and/or audio-visual material and for advertising and publicity purposes in any media in perpetuity without needing to provide additional compensation.

(b)    Each Competition entrant grants the Promoter and/or Prize Provider a non-exclusive, irrevocable license for use throughout the world in any and all media in perpetuity in relation to any material, including without limitation Competition entries and images and/or audio-visual material included in Competition entries, submitted or provided by a Competition entrant, and/or Prize Winner in association with any Competition. The Promoter may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public, license to third parties involved in the Competition or otherwise exploit use of any such material throughout the world in perpetuity and without needing to provide additional compensation to the Competition entrant.

(c)    To the extent that any entrant or Prize Winner holds any moral rights in the materials provided as part of the entry or created as a result of this Competition, the entrant or Prize Winner hereby consents to any act that, but for this consent, would be considered to breach those moral rights.

(d)    The Promoter and/or Prize Provider may require an entrant or Prize Winner to execute any document necessary to give effect to 12 (a), (b) and/or (c).

 

11. Warranties

 

(a)    Each entrant warrants and represents to the Promoter that nothing in his/her entry / entries to this Competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or commonwealth law.

(b)    Each entrant indemnifies the Promoter against any claim, loss or damager suffered by the Promoter as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Terms and Conditions.

(c)    If the Promoter becomes aware that a Prize Winner is in breach of any warranty contained in these Terms and Conditions or made subsequently to the Promoter, the Promoter may deem that Prize Winner ineligible.

 

12. Privacy

(a)    The Promoter’s Privacy Policy is located at: http://www.mtv.com.au/legal/privacy-policy

(b)    The sponsor’s Privacy Policy is located at

a.      https://www.mathers.com.au/privacy-policy

b.      https://www.williamsshoes.com.au/privacy-policy

(c)     The Prize Provider’s privacy Policy is located at:

a.      https://www.kompan.com/en/au/privacy-policy-and-security

 

(d)    We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information, along with notification requirements regarding an eligible data breach.

(e)    The Promoter makes no representations or warranties in relation to the privacy practices of any third party website, and is not responsible for the privacy policies or the content of any third party website, including without limitation any social media site (including without limitation, Facebook, Twitter and Instagram). Third party websites are responsible for informing you about their own privacy practices.

(f)      In order to conduct the Competition, the Promoter may collect personal information, being any information that can be used to personally identify entrants, or information that entrants are reasonably identifiable from, including without limitation, each entrant’s name, age, residential and/or mailing address (including postcode), telephone number, email address, profession, occupation or job title, IP address, nationality and/or passport and/or personal identification information (“Personal Data”).

(g)    The provision of such Personal Data may be a condition of entering any competition run by the Promoter. For competitions, the Promoter is required to collect some Personal Data under the state gaming legislation applicable to the state in which the competition is being held, for example, the Gaming and Liquor Administration Act 2007 (NSW) for competitions held in New South Wales.                                                                                   

(h)    The Promoter may disclose such Personal Data to third parties, including without limitation, the Promoter’s parents, related and subsidiary companies, past present and future officers, agents, representatives, employees, contractors and assigns, service providers, prize suppliers in connection with the Competition. For the avoidance of doubt, such third parties may be located outside of Australia in accordance with our Privacy Policy/

(i)      The Promoter may use such Personal Data:

                            i.     in connection with the Competition which the entrant entered, including without limitation for the purposes of sending electronic messages, social media communications, VOIP communications and/or telephoning entrants;

                           ii.     for any purpose to which an entrant gave his/her express consent on entry;

                          iii.     as set out in these terms and conditions; and

                         iv.     in accordance with the Promoter’s Privacy Policy, located at: http://www.mtv.com.au/legal/privacy-policy

 

(j)      Such Personal Data will be entered into a database and will be stored at the office of the Promoter.

(k)    Entrants may request to access, edit, correct and/or opt-out their Personal Data in accordance with the Promoter’s Privacy Policy by contacting the Promoter on vimnau.privacy@vimn.com and/or the Sponsor Legal@Munrofg.com

(l)      Entrants may direct any complaint related to treatment or use of their Personal Data to vimnau.privacy@vimn.com that will be dealt with in accordance with the Promoter’s privacy policy.

(m)    Entrants may direct any complaint related to treatment or use of their Personal Data to Legal@Munrofg.com that will be dealt with in accordance with the Sponsor’s privacy policy.

(n)    By entering the Competition and agreeing to these terms and conditions, each entrant consents to the Promoter’s use of their Personal Data as set out in this clause 12 of these terms and conditions and in accordance with the Promoter’s privacy policy.

 

13. General

(a)    If for any reason this Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right (subject to State/ Territory regulations) to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the same.

(b)    The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or any Allowed Guests and/or parent(s)/legal guardian(s) under these Terms and Conditions if such delay or failure is caused by circumstances beyond the Promoter’s reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with:

                                         (i)     the activities of third party event organisers;

                                        (ii)     any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or

                                       (iii)     by third parties providing accommodation included in the Prize.

 

For the avoidance of doubt, the affected Prize Winner(s) and/or any Allowed Guest(s) and/or parent(s)/legal guardian(s) shall be solely liable for any additional costs incurred as a result.

(c)    These Terms and Conditions are to be construed according to the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that State.

Win A Family Trip To Disneyland Tokyo | COMPETITION NOW CLOSED

WINNER

K. A

2299

Terms and Conditions 
The Competition is a game of chance and is authorised under the permits: [TP/03151, TP23/02482, T23/1907] 
Information on how to enter forms part of the terms of entry. Entry into the Win a Family Trip To Tokyo Disneyland (“Competition”) is deemed acceptance of these terms and conditions. 
The material used to market and promote the competition forms part of the competition terms and conditions. If there is an inconsistency between the material used to market and promote the competition and the competition terms and conditions, the competition terms and conditions prevail. 
Promoter: The Promoter is Australian Footwear Pty Ltd of 28 Victoria Crescent, Abbotsford, VIC, 3067. ABN 40 168 259 210 / ACN 168 259 210.  
Agent: The Agent is Oscar Mike Travel of 28 Hardy St, South Yarra, VIC, 3141. 
‍ 
Competition Period 
The competition commences on Monday 4th December 2023 at ​00:01am​ ​AEDT​ and closes on ​Sunday 4th February 2024​ at ​23:59pm​ ​AEDT​ (“Competition Period”). 
The Competition will be advertised on, but not limited to www.mathers.com.au 
 
Eligibility to Enter 
During the Competition Period, anyone may enter the competition, provided that they: 
a. are over eighteen (18) years of age; 
b. are a resident of Australia;  
c. are not an employee or immediate family member of an employee, of the Promoter, the Agent or an agent of the Promoter, who is directly associated and connected with the organisation of this Competition;  
d. Have purchased any pair of School Shoes from any Mathers store or online at www.mathers.com.au 
e. and are available to complete the prize between 22 March 2024 – 30 November 2024. If the winner is unable to travel on these dates a re-draw will be conducted as per the below.  
‍ 
How to Enter 
To participate in the Competition entrants must: 
       a. Purchase any pair of School Shoes from any Mathers store or online at www.mathers.com.au 
       b.  Complete all the required entry requirements, including providing proof of purchase, to get one (1) entry at www.mathers.com.au 


For clarity, all individuals who meet the Eligibility to Enter requirements under clause 8 and have successfully completed the How to Enter requirements in this clause 9 will be deemed a valid entry (“Valid Entry”) and automatically entered into the Competition. Participants will receive one Valid Entry per purchase and each additional Valid Entry must be made separately in accordance with these Terms and Conditions. 
If an entry is deemed by the Promoter to breach these Terms and Conditions, that entry (or at the Promoter's discretion, all of your entries) may be discarded.  The Promoter reserves the right at any time to disqualify an entrant if the Promoter has reason to believe the entrant has tampered with the entry process or engaged in conduct which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter. 
The Promoter reserves the right, at any time, to verify the validity of entrants (including a subscriber’s identity, age, and place of residence) and proof of purchase for all entries (you must keep your original itemised purchase receipt(s) as proof of purchase). Errors and omissions will be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 
 
Drawing winners 
The Prize Draw will be held on ​Tuesday 6th February 2024​ at ​11:00​am ​AEDT​ Australian Footwear Pty Ltd, 28 Victoria Crescent, Abbotsford, VIC, 3067 via a random draw.  
The prize winner will be notified via phone and then emailed by the Promoter within two (2) business days of the draw and the winners’ details including the initial of first name, surname and postcode will be published on www.mathers.com.au 
Once the prize winner has accepted their prize, the Promoter will provide the winner’s details to the Agent within fourteen (14) business days of prize acceptance. The winner will deal directly with the Agent for prize fulfillment. 
If the drawn prize winner is unable to be contacted within 14 business days from the prize draw, then a redraw will take place. 
If required, a redraw will take place at Australian Footwear Pty Ltd, 28 Victoria Crescent, Abbotsford, VIC, 3067 on ​Monday 26th February 2024​ at ​10:00am​ ​AEDT​. The redraw prize winner, if any, will be notified of their prize within two (2) business days by the Promoter via phone and then email and the redraw winners’ details including the initial of first name, surname and postcode will be published on www.mathers.com.au from ​Friday 15th March 2024.  
Once the redraw prize winner has accepted their prize, the Promoter will provide the winner’s details to the Agent within five (5) business days of prize acceptance. Redraw prize winners must deal directly with the Agent for prize fulfillment.  
 
Prize Details 
There will be one (1) individual prize winner drawn at random from Valid Entries. 
The prize comprises the following for four (4) persons (which includes prize winner) departing from any capital city in Australia between the dates 22 March 2024 - 30 November 2024 and arriving back in the same capital city before AEDT 11.00 pm 30th November 2024.  
Two (2) adults (at least one adult over 18) and up to (2) children (under 12): Return airfares from any capital city in Australia to Tokyo, Japan.  
Five (5) nights accommodation at hotel supplied by Agent in Tokyo in up to 2 rooms. 
Four (4) x Two (2) day Disneyland Passes.  
The total prize pool is valued at a maximum of AUD $12,000 including GST and TFP (taxes, fees and port changes). 
Acceptance of the Prize is subject to these terms and conditions including those set out in Exhibit A. 
Winners may be able to upgrade their room, subject to availability; and any associated costs with upgrading rooms will be at the winner’s own expense. 
The prize must be taken between 22 March 2024 – 30 November 2024 (inclusive), and cannot be taken at any other time. Prize must be booked within 45 days of the prize draw. 
All prizes are non-transferrable. 
No cash alternative is available for any Prize. Prizes must be taken as offered. Any prize, unused portion of any prize, or portion of the Prize the winner is not entitled to, are not exchangeable or cannot be redeemed as cash. Prizes cannot be used in conjunction with any other special offer. Prize values are in Australian dollars. Prize winners are advised that tax implications may arise from their prize winnings, and they should seek independent financial advice prior to acceptance of their prize. 
If any component of the Prize is unavailable, for whatever reason, the Agent reserves the right to substitute the prize for a prize of equal value in agreement with the promoter, subject to any directions given under applicable laws. 
The Prizes form a single event trip for the Winner and their travel companions and cannot be separated into separate trips or components. Winners and their companions must travel together, and be accommodated in the same room/s.  
The Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the Competition result. 
If a prize winner does not provide proof of meeting the age restriction and other valid entry requirements, the prize will be forfeited in full, and the prize winner will have no further claim. A redraw will be held to award the prize to a valid entrant. 
The winner and their travelling companion/s are responsible for all other expenses not listed above including but not limited to: any other travel costs/expenditure, pre or post  accommodation, spending money, meals, drinks, mini-bar, incidentals, laundry, room service, phone calls, gratuities, optional activities and excursions, freight, excess baggage, ground transport, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, service charges, travel insurance, Visas as entry requirements and all transfers, including travel costs to and from their closest capital city airport if the winner is from a regional area. The winner is responsible for ensuring that they and their travelling companions are fit to travel and have received appropriate immunisations, insurance, and/or health checks prior to taking the prize. 
The Prize is valid for up to four (4) persons (including the prize winner), comprising up to two adults and up to two children, with at least one (1) guest 18 years of age or older. During the entire duration of the Prize, a nominated parent / guardian must accompany any person under 18 years of age.  
The Prize is not transferrable to any other travel requirement, or date than that which is specified above. 
All Prize travel will be subject to the carrier’s General Conditions of Carriage. The Promoters, Agent and carrier make no representations as to the safety, conditions or other issues that may exist at any destination. By entering this Competition, and by collecting the Prize, the Winner acknowledges and accepts that driving, travel and any other activities comprising the Prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses.  
Once confirmed in writing, travel dates and names of those travelling are not changeable without incurring extra fees. The Promoter and Agent do not accept responsibility for any fees incurred as a result of any changes made and these costs will be borne by the winner and their companions. 
It is the Winners’ and their travel companions’ personal responsibility to ensure that they have valid travel insurance and any required health documentation. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner and their travel companions. The Promoter and the Agent makes no representation as to the safety, conditions or other issues that may exist at any destination. Travel insurance is the responsibility of the Prize Winner. 
The Winner, or their travelling companions, will be required to provide a valid credit card in order to check-in at the accommodation for a security deposit, and to cover any incidental charges. 
Prizes will be awarded to the named entrant who has purchased a pair of school shoes from any Mathers store or at www.mathers.com.au and registered their entry to the Win A Family Trip To Tokyo Disneyland Mathers Competition. Should an entrant's contact details change during the Competition Period it is the entrant’s responsibility to notify Mathers. A request to access or modify any information provided, should be directed to Mathers. 
Should the prize winner not meet any of the criteria stated in these terms and conditions to be a valid winner they will forfeit all rights to the prize, and a redraw will take place to reallocate the prize to a valid winner. 
Unless expressly stated in these terms and conditions all other expenses related to the Prizes are the responsibility of the Winners.  
The Prize Winners must provide valid identification to the Promoter and Agent upon the Promoter’s and Agent’s request. Failure to do so will result in the forfeiture of the Prize at the Promoter’s and Agent’s sole discretion. 
Subject to state permit authority restrictions, the Promoter may reasonably amend these terms and conditions, orally or in writing, in its absolute discretion. 
 
Winner Generated Content & Publication 
In participating in the Competition, the prize winner agrees to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The prize winner grants the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media Australia wide and the Prize winner will not be entitled to any fee for such use. 
The prize winner consents to having any content created during their stay to be used across any Mathers media and digital channels. 
The prize winner agrees that they will not sell or otherwise make available their story and/or photographs to any media or other organization. 
 
Force majeure 
If there is any event beyond the Promoter’s control which prevents or materially and adversely affects the Promoter’s ability to market, promote and run the Competition in accordance with the Competition terms, the Promoter may cancel, terminate, modify, suspend or postpone the Competition subject to state and territory licensing authorities approval.‍ 
 
Liability 
Except as required under applicable law, neither the Promoter nor Agent is liable for any loss, expense, damage or liability suffered or incurred by entrants or winners in connection with the Competition, including: 
a. any late, lost, altered, damaged or misdirected information or prize acceptance, including delays due to technical disruptions or network congestion; 
b. any incorrect or inaccurate information caused by equipment or programming associated with or utilised in the Competition; 
c. any technical error, including any omission, interruption, deletion, defect, delay in operation or transmission or communications line, telephone, mobile or satellite network failure; and 
d. any theft, destruction, unauthorised access to or alteration of entries or the prize; and 
e. any use of the prize or any tax liability incurred by the winner as a result of accepting the prize; and 
f. any delay or failure relating to the Prize itself (including any negative encounter experienced by the winner and their travel companion/s, including but not limited to cancellation, changes or delays of flights or other transport arrangements, inclement weather, force majeure or any illness experienced) or failure by any third party to meet any of its obligations in connection with a prize. 
 
Privacy & Contact 
The Promoter collects personal information about entrants in order to run the Competition, communicate with you as the entrant to this Competition, administer and notify prize winners and prize fulfilment. The Promoter uses and manages entrants’ personal information in accordance with the Mathers Privacy Policy found at www.mathers.com.au/privacy-policy. The Promoter may provide entrants’ personal information to the Agent or other third parties who are assisting the Promoter to conduct this competition or for the purpose of fulfilling a winner’s prize. The Promoter will be unable to consider your entry into this Competition if you do not provide the personal information required in the entry process. 
 
For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, first initial and suburb. A request to access, update or correct any information should be directed to Mathers. 
 
All queries, issues and concerns in connection with this Promotion are to be directed to the Promoter by completing the Contact Us form at www.mathers.com.au/contact or by calling the Promoter’s Customer Support Team on 1800 101 285 during office hours. All disputes are to be adjudicated by the Promoter. 

EXHIBIT A 
Win A Family Trip To Tokyo Disneyland Competition 2024– Mathers Shoes 
The winner will receive one (1) Prize which will be fulfilled by Australian Footwear Pty Ltd.  
Travel for the Prize must be booked at least forty-five (45) days prior to the intended travel dates. 
Australian Footwear Pty Ltd and their Travel Agent Partner reserves the right to change the allowable travel dates, or any other component of the Prize, for any reason and in its sole discretion. No substitution of Prize or any elements thereof is allowed, except at Australian Footwear Pty Ltd’s sole discretion.  
The winner and up to three (3) guests – One (1) other adult over the age of eighteen (18) and up to two (2) children under the age of 12 must travel together on the same itinerary, and air transportation (if applicable) must be round-trip from/to the Departure Airport as specified on the original booking.  
Once confirmed by the winner, guest details cannot be changed without the express consent of Australian Footwear Pty Ltd, which may be withheld for any reason. If the winner chooses to bring less than the allotted number of guests, the Prize will be awarded in increments suitable for the actual number of participants with no substitute Prize or compensation provided to the winner. 
Prize fulfillment is subject to restrictions and availability. The Prize must be booked through the provided travel agent (Oscar Mike Travel of 28 Hardy St, South Yarra, VIC, 3141) as designated by Australian Footwear Pty Ltd at least forty-five (45) days prior to the intended departure date. The Agent will determine airline and flight itinerary in its sole discretion. Airline carrier’s regulations and conditions apply to air travel. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. No refund or compensation will be made in the event of the cancellation or delay of any flight. Australian Footwear Pty Ltd and it’s chosen Agent are not liable, including for any costs or expenses, if any component of the Prize is delayed, postponed or cancelled for any reason and winner will not be reimbursed, and no substitution will be provided except as in Australian Footwear Pty Ltd sole discretion. 
The winner and their guests are responsible for providing their own proper citizenship documentation to travel which may include passports, valid alien registration card and all necessary visas to enter the country of travel. Those without proper citizenship documentation will be denied boarding. The winner and each guest are responsible for ensuring that they have proper citizenship documentation. 
Minors under the age of eighteen (18) not traveling with a parent or legal guardian must be accompanied by an adult over the age of eighteen (18) in the same accommodation. The parent or guardian of any minor not traveling with a parent or guardian must appoint an adult to have custody and control over their minor and to contract on their behalf in connection with the taking of the prize travel.  
The Agent shall have the right, but not the obligation, to make any deductions and withholdings that Agent deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. 
The Promoter and Agent shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Agent control, and are not responsible or liable for any expenses incurred as a consequence thereof. The guests, if any, may be required to execute and return releases of liability and, where legal, publicity releases, which must be returned with the verification documents requested of Prize Winner, or guest portion of the Prize will be forfeited. 

1. General

1.1.            Mathers.com.au is a website owned and operated by Australian Footwear Pty Ltd (ABN 40 168 259 210) ("Licensor") trading as Mathers. (“Licensor”). The Licensor grants Australian Footwear Pty Ltd (ABN 40 168 259 210) ("Licensee") to operate the website and trade as Mathers. Both Licensor and Licensee are subsidiaries within Munro Footwear Group Pty Ltd (ABN 59 614 250 501) known together with its directors, employees and agents as "We", "Our" or "Us". Your access and use of this website is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of and continued access to this website constitutes your agreement to these Terms and Conditions. Acceptance by you of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Terms and Conditions also and draw it to their attention.
You can browse, select and place orders for products available for purchase online. Use of the Mathers Website is subject to acceptance of these Terms and Conditions.

1.2.    These terms and conditions provided by us govern and apply to your access and use of the websites operated by entities within the Munro Footwear Group (Sites) and any other website, social media accounts, applications, software and other technological products and services operated by us (Platforms). 

1.3.    The Platforms are provided by us to you in order for you to browse, select and order footwear, clothing and other accessories (Products) from us and participate in any ancillary services we may provide (Services).

1.4.    Please read these terms and conditions before accessing or using the Platforms.

1.5.    Your access to and use of the Platforms, including your order of Products and use of Services through the Platforms, is subject to these terms and conditions.

1.6.    The terms and conditions also apply to the sale of any Products or us of Services via methods other than the Platforms, including sales by telephone, in person via our stores or other means, unless otherwise agreed in writing.

2. Disclaimer

2.1.       The information contained on the Platforms is provided in good faith on an "as is" basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platforms. To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on the Platforms.

2.2.       Whilst we make every effort to ensure that the Product images and descriptions used on our Platforms are true and accurate representations of our Products, occasionally slight variances in colours, styles, textures and details may occur when viewing images online as compared with in person. 

3. Intellectual Property

3.1.       You:
(a) acknowledge that the copyright in the Products and Platforms, the software, design, text and graphics comprised in the Platforms (in particular our branding and photographs of our Products), the selection and layout of the Platforms and the content and materials on the Platforms (together, the Material) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website or application any of the material appearing on the Platforms without our prior written consent.

3.2.       You may:
(a) store a reproduction of the content on the Platforms on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

3.3.       This Platforms, the Products and any ancillary materials or documents owned or used by us in connection with the sale of the Products and promotion of its business contains registered and unregistered trademarks which are protected by law and other branding, images, content which constitute our intellectual property. You must not use any of the images, marks or trademarks appearing on the Platforms or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

4. Viruses

4.1.       We do not claim that any information (including any files) obtained from or through the Platforms is free from viruses or other faults or defects.

4.2.       You are responsible for scanning any information for viruses.

4.3.       You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

4.4.       If we are found to be liable this will be limited to the cost of supplying the information again.

5. Compliance with these Terms and Conditions

5.1      You agree to bound by, and comply with, these terms and conditions by:
(a)  using the Platforms, in particular, browsing our Sites;
(b)  completing your registration through the Platforms; and/or
(c)  obtaining or ordering Products from us using the Platforms or by any other method of sale.

6. Changes to these Terms and Conditions

6.1.       If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

6.2.       Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Platforms after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

7. Registration

7.1.       You may complete the customer registration process through the Platforms before placing an order for Products through the Platforms. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on the Platforms.

8. Placing an Order for Products

8.1.       You may order Products by selecting and submitting your order through the Platforms in accordance with these terms and conditions.

8.2.       Any order placed through the Platforms for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

8.3.       We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the platforms.

8.4.       You agree to provide us with current, complete and accurate details when asked to do so within the Platforms.

9. Acceptance or Rejection of an Order

9.1.       We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Platforms or in your order, or if you provide us with erroneous or insufficient information in respect of your credit card details, billing information or shipping address. 

9.2.       Each order placed for Products through the Platforms or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

9.3.       If we reject an order placed through the Platforms, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

10. Cancelling an Order (by Us)

10.1.       Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
(a)  the requested Products in that order are not available; or
(b)  there is an error in the price or the product description posted on the Platforms or in any other sales platform in relation to the relevant Product in that order;
(c)  we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
(d)  your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); 
(e)  you have provided us with erroneous or insufficient information in respect of your order including credit card details, billing information or shipping address; or
(f)  that order has been placed in breach of these terms and conditions.

10.2.       If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

11. Cancelling an Order (by You)

11.1.       Orders may not be cancelled once submitted via the Platforms or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please refer to the Contact Us section of the relevant Site from which you ordered and we will endeavor to assist you.

12. Delivery of Products

12.1.       Please see the Shipping section on the relevant Site from which you ordered, or intend to order, for more information on our Shipping Policies which form part of these terms and conditions.

12.2.       By using the Platforms, purchasing a Product and accepting these terms and conditions you consent to the terms of our Shipping Policies, noting that each of our brands may offer different Shipping Policies.  

13. Prices, Fees and Charges

 13.1.       The prices of Products and delivery and other charges displayed on the Platforms are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

13.2.       All prices shown on the Platforms are in Australian Dollars (AUD) unless specifically designated otherwise.

13.3.       We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a)  the purchase price of each Product that is ordered;
(b)  the delivery fee for delivering the Products to you; and
(c)  any other fees and charges set out in these terms and conditions or on the Platforms.

13.4.       All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Platforms are inclusive of GST (unless otherwise indicated). 

14. Your Obligations

14.1.       You covenant and warrant that:
(a)  all information and data provided by you to us through the Platforms (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b)  the person receiving the Products at the Delivery Address is authorised by you to do so;
(c)  you have and will comply with all relevant laws relating to your use of the Platforms and your placement of any order to us;
(d)  you will ensure that your LoginID and password that is used to access the Platforms and the details of your account is kept in a safe and secure manner;
(e)  you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(f)  you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
(g)  you are responsible for any costs associated with your access to or use of the Platforms, including Internet access fees;
(h)  you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Platforms;
(i)  you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Platforms;
(j)  you will check the labels on the Products before use; and

14.2.        You must not:
(a)  use the Platforms for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b)  use the Platforms in a manner or way, or post to or transmit to or via the Platforms any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Platforms;
(c)  make fraudulent or speculative enquiries, purchases or requests through the Platforms;
(d)  use another person’s details without their permission or impersonate another person when using the Platforms;
(e)  post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f)  tamper with or hinder the operation of the Platforms;
(g)  knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platforms;
(h)  use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platforms;
(i)  modify, adapt, translate or reverse engineer any portion of the Platforms;
(j)  remove any copyright, trade mark or other proprietary rights notices contained in or on the Platforms;
(k)  reformat or frame any portion of the web pages that are part of the Platforms;
(l)  create accounts by automated means or under false or fraudulent pretences;
(m)  use the Platforms to violate the security of any computer or other network or engage in illegal conduct;
(n)  take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o)  use the Platforms other than in accordance with these terms and conditions; or
(p)  attempt any of the above acts or engage or permit another person to do any of the above acts.

15. Warranty and Liability

15.1.       We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

15.2.       Where we are permitted by law (and subject to clause 15.1):
(a)  we do not warrant or represent the suitability of the Platforms or a Product for any purpose; and
(b)  we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platforms or the Product.

15.3.       Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

15.4.       If we offer an additional manufacturer’s warranty with any Product, the additional warranty will be subject to any express terms and conditions stated to apply to that warranty and will be subject to law.  Where an additional manufacturer’s warranty is offered, please note that our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

16. Returns

16.1.       Unless you notify us to the contrary by email within thirty (30) days of delivery of any Products and such notification is confirmed by return email within seven (7) days of its receipt by us, the Products shall be deemed to have been accepted by you.

16.2.       Please see the Returns section on each of the Sites for more information on our Returns Policies which form part of these terms and conditions. Please note that each of our brands may offer different Returns Policies. Returns for change of mind for Products purchased from a third party retailer must be returned to those third party retailers in accordance with their returns policies and may not be returned to us (with the exception of defective products where required by law).  

16.3.       By using the Platforms and accepting these terms and conditions you consent to the terms of our Returns Policies, as applicable to your order. 

16.4.       Refunds will be processed to your original payment method. Please allow up to 7 days for your refund to appear in your account dependent on your form of payment and financial institution. 

16.5.       Please retain any third-party gift cards or prepaid credit cards for the duration of the return period noting these cards may be subject to the card issuer’s terms and conditions.

17. Loyalty Program

17.1.       In connection with the sale of our Products, we (and/or our associated entities) may make available a user Loyalty program, where you can become eligible to: 
(a)  earn rewards dollars (Reward Points) for use towards the purchase of Products; and 
(b)  be entered into prize draws to receive Products, Reward Points and other items.

18. Termination and/or Suspension of Account

18.1.       We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Platforms including your participation in the Fusion Rewards Program and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions.

19. General Provisions

19.1.       If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

19.2.       This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

20. Privacy Policy and Your Personal Information

20.1.       We take your privacy seriously and any information provided through your use of the Platforms are subject to our Privacy Policy, which forms part of these terms and conditions.

20.2.       By using the Platforms and accepting these terms and conditions you hereby expressly consent to the terms of our Privacy Policy. 

21. Definitions

21.1.       Capitalised terms used are defined in these terms and conditions. 

21.2.       In these terms:
(a)  “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
(b)  “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
(c)  “LoginID” means the email address that you provided to us as part of the registration process to use the Platforms.
(d)  “Returns Policy” means our policies governing returns of Products.
(e)  “Shipping Policy” means our policies governing the delivery of Products to you. 

© 2022 Munro Footwear Group Pty Ltd