2023 ACU Online Term 2 Commencing Student Survey Prize Draw

Competition (Game of Chance) Details, Terms and Conditions

2023 ACU Online Term 2 Commencing Student Survey Prize Draw

PART A – Competition Details

Part B – Terms and Conditions 

1. Terms

• The terms that apply for the Competition consist of, in order of priority to the extent there is any inconsistency or conflict:

1.1.1 the information, instructions and details contained in Part A – Competition Details (Part A);

1.1.2 the terms set out in Part B – Terms and Conditions (Part B); and

1.1.3 any other information set out in promotional advertisements (if any) for the Competition,

which together are the Terms.

• Capitalised words use in Part B will have the meaning given it to it in Part A.
• By participating in the Competition you do so at your own risk and you agree to be bound by the Terms. If you do not accept these Terms, you must not participate in the Competition and you will not be eligible for any prizes offered in the Competition.
• To the extent that the Competition is conducted on, advertised or promoted on a social media platform owned by a third party (such as Facebook, Twitter, Instagram), you acknowledge and agree that the Competition is in no way sponsored, endorsed or promoted by said third party.

2. Who can enter

• You are eligible to enter the Competition if you satisfy the Eligible Entrant criteria.
• Eligible Entrants under 18 years old must have parental or legal guardian permission prior to submitting an Eligible Entry.

3. How to enter

• The Competition will run for the Competition Period. If there is no specified time for the Competition Commencement Date and/or Competition End Date, the time will be midnight on the stated day.
• To enter the Competition, Eligible Entrants must submit an Eligible Entry, follow any additional instructions specified in Part A, and ACU must receive the Eligible Entry, during the Competition Period.
• Entry in the Competition is free. Eligible Entrants are solely responsible for any costs associated with entering the Competition, including costs associated with accessing the internet.

4. Entries

• You may submit up to the Maximum Eligible Entries. Multiple entries (where permitted) must be submitted separately and each entry by the same Eligible Entrant must be unique and original. If an Eligible Entrant submits more than the Maximum Eligible Entries, only the entry or entries most recently submitted (up to the permitted maximum) will be accepted by ACU.

• All entries are deemed to be received at the time of receipt by ACU, not the time of transmission or submission by you.

• By entering this Competition you warrant to ACU that:

4.3.1 your entry is your own original work and does not infringe any third party rights including intellectual property rights; and

4.3.2 you have the express consent of any identifiable person appearing in your entry (if applicable).

• The use of any automated entry software or any other mechanical or electronic means that allows you to automatically enter repeatedly is prohibited and may render all entries submitted by you invalid.

• ACU may disqualify and exclude any Eligible Entrant or any and all entries if ACU considers, at its absolute discretion that:

4.5.1 the Eligible Entrant has breached any part of these Terms, tampered with the entry process or engaged in any improper conduct calculated to jeopardise the fair and proper operation of the Competition; or

4.5.2 any entry is offensive, abusive, defamatory, discriminatory, vulgar, inappropriate, or threatens, intimidates or harasses any person, includes or is suspected of including or breaching any third party rights including intellectual property rights, incites or is capable of encouraging conduct that would be considered a criminal offence, damaging to the goodwill or reputation of ACU, in violation of the terms and conditions of the relevant social media platform used to enter the Competition or which otherwise fails to comply with these Terms.

• Incomplete, illegible or indecipherable entries will not be eligible to win and excluded from the Competition.

• ACU reserves the right to verify the validity of entries and entrants at any time. This includes requiring an entrant to provide ACU with proof of age, identity and/or residency.

• All decisions about the eligibility of entrants and the validity of entries made by ACU will be final, and no correspondence will be entered into.

5. How to win

• This Competition is a game of chance. Skill plays no part in determining the winner.
• Winner(s) will be determined in the manner set out in Winner Determination.
• ACU reserves the right to draw additional reserve entries, and record them in the order drawn, in the event that an invalid entry is drawn or an Entrant drawn is ineligible.
• Winner(s) will be notified in the manner set out in Winner Notification using all reasonable attempts.
• Each winner’s (including redraw winner’s) name and State/Territory of residence will be published on ACU’s website within 2 business days of the Drawing Date or Redraw Date (as applicable).

6. Prizes

• The winner(s) will be awarded the Prizes and must claim the Prize by the date and in accordance with the instructions set out in Claim Period.
• The value of the Prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the Competition Commencement Date. ACU accepts no responsibility for any variation in the value of the Prizes after this date.
• A maximum of one Prize per Eligible Entrant applies, excluding South Australian residents who are eligible to win multiple prizes in the event there is a major prize and minor prize.
• Prizes may not be transferred or redeemable for cash.
• Unless otherwise stated in the Competition Details, ACU will, at its expense, deliver the Prize to the winner. It is the responsibility of each winner to be available or make arrangements for receipt of the delivery.
• If a winner is under the age of 18, ACU may, at its discretion, award their Prize to the winner’s parent or legal guardian.
• If the Prize or any part of it is unavailable for whatever reason, ACU, in its sole discretion, reserves the right to substitute the Prize (or any part of it) with a prize of equal or greater value and/or specification subject, where relevant, to the approval of the authorities that have issued permits for the conduct of the Competition.
• Subject to clause 3, ACU makes no representation or warranty in relation to any of the Prizes (including quality, suitability or merchantability) and a winner accepts and uses a Prize at his or her own risk and expense.
• Each winner is responsible for all ancillary costs associated with the Prize, including costs in connection with using the Prize, taxes, network services of any description, data charges or installation costs (if applicable).

7. Unclaimed Prizes

If:

7.1.1 ACU cannot contact the winner in the manner as set out in Winner Notification;

7.1.2 the winner does not claim the Prize by the date and in accordance with the instructions set out in Claim Period; or

7.1.3 the winner forfeits the Prize,

then in each case, ACU may, subject, where relevant, to any direction given by a State or Territory authority under the relevant State or Territory laws: a) award the Prize to the next Eligible Entry drawn on the Redraw Date, and the redraw winner will be notified that they have won a Prize as specified in Redraw Winner Notification; or b) retain the Prize.

8. Privacy and Publicity

• You acknowledge that ACU may collect, store and use personal information in order to conduct the Competition (including notifying winners) and for related marketing, promotional, publicity, research and profiling purposes.

• ACU will use and handle your personal information in accordance with its Privacy Policy, available at https://www.acu.edu.au/privacy (as updated from time to time).

• By entering the Competition you acknowledge and agree:

8.3.1 to ACU disclosing your personal information to third parties, including agents, contractors, prize suppliers and Australian regulatory authorities (as required); and

8.3.2 in the event the you are a winner:

(a) that ACU may publish or cause to be published your name and locality in any media, as required under the relevant State or Territory laws; and

(b) if requested by ACU, to participate and co-operate in any editorial, promotional and publicity activities relating to the Competition, and consent to ACU using your name and photos in such materials which may be published in hard copy or online.

9. Intellectual Property

• All entries remain the property of each entrant.
• By entering in this Competition, you:

9.2.1 grant to ACU an irrevocable, perpetual, royalty-free, worldwide and transferrable licence to use, copy, modify, adapt, make derivative works of and reproduce any content and materials (Materials) provided as part of your entry for promotion, marketing or publicity purposes; and

9.2.2 unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights in the Materials and waive all moral rights in the Materials.

10. Liability and Warranty

• If for any reason the Competition (or any aspect of it) is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of ACU, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures, ACU reserves the right, in its absolute discretion, to:

10.1.1 disqualify any entrant (whether or not an Eligible Entrant); and/or

10.1.2 modify, suspend, terminate or cancel the Competition,

without liability to any person for any costs, loss or damage whatsoever arising out of, or in connection with, such action.

• To the maximum extent permitted by law, ACU and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) take no responsibility for:

10.2.1 lost, delayed, damaged, undelivered, misdirected or unreceived Prizes; and

10.2.2 late, lost, incorrectly submitted or misdirected, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries,

and reserves the right to take any action that may be available.

• Nothing in these Terms restricts, excludes or modifies (or purports to restrict, exclude or modify) any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth) (Non-Excludable Guarantees).
• Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, ACU and its Related Bodies Corporate are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss, expense or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising out of or in connection with this Competition or the Prizes, including: a) the entrant’s participation in the Competition, including undertaking any activity in or connected with their entry into the Competition; b) any theft, unauthorised access or third party interference; c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by ACU) due to any reason beyond the reasonable control of ACU, including failure of an entry to be received by the ACU on account of technical problems or traffic congestion; d) any publication of any material, including any statements made by any staff member, journalist, other entrants or any other person; e) any problem or technical difficulties or malfunction of any computer equipment, software, internet connection (whether or not under ACU’s control), any injury or damage to the entrant's or any other person's computer software related to or resulting from participation in this Competition; f) any variation in Prize value to that stated in these Terms; g) any tax liability incurred by a winner; or h) use of a Prize.

11. General

• ACU may update, change or modify these Terms, subject, where relevant, to the approval of the authorities that have issued permits for the conduct of the Competition. Such changes shall be effective immediately upon posting to https://www.acu.edu.au/student-life/2023-acu-online-term-2-commencing-student-survey-prize-draw
• If there is a dispute concerning the conduct of the Competition, the decision of ACU is final and binding on each Eligible Entrant and no correspondence will be entered into.
• Failure by ACU to enforce any of its rights at any stage does not constitute a waiver of those rights.
• The Terms are governed by the laws of New South Wales and each of the relevant States and Territories in which the Competition is conducted in. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
• Any queries regarding the Competition should be directed to the person listed in Competition Contact Details.