Terms and conditions of the “WIN an ON Kids Prize Pack” promotion

Information on how to enter the “[Win an ON Kids Prize Pack]” promotion (Promotion) and the prizes form part of these Terms and Conditions.  By participating in the Promotion you accept these Terms and Conditions.

1.     Promoter

1.                  The Promoter is Accent Group Limited, ABN 85 108 096 251, Tel: 03 9427 9422 of 2/64 Balmain St, Richmond VIC 3121 (Promoter).

2.     Eligibility

1.                   Entry is only open to Australian residents (excluding residents of the ACT) who are aged 18 years or over (Entrant).

2.                   Employees (and their immediate families) of the Promoter and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

3.     Promotion Period

1.                   The Promotion commences at 6pm AEST on 31.03.2024 AEDT  and closes at 11.59 AEST on 07.04.24 (Promotion Period).

4.     How to enter

1.                   To enter, Entrants must, during the Promotion Period:

2.                   Be following @the__trybe on instagram

3.                   Like and save the competition Instagram post on @the__trybe

(Entries)

4.                   Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.

5.                   Incomplete or indecipherable Entries will be deemed invalid.

6.                   Multiple entries are permitted  and additional entries can be done by one of two ways:

6.a   Tagging another person in the comments sections. This will be deemed as one additional entry

6.b Resharing the original Trybe competition on Instagram stories. This will be deemed as one additional entry

6.c  There is a maximum of five entries per Instagram account.

5.     Prize

1.                   There will be 1 draw conducted for this Promotion (each a Draw).

2.                   Each Draw will be held at the dates and times outlined in the table below.

3.                   Additional reserve entries may be drawn and recorded in case an invalid entry or ineligible entrant is drawn.

4.                   Entries in each Draw will NOT be entered into any subsequent Draw(s).

5.                   All times indicated are in AEST/AEDST as per local VIC time.

6.                  Winners will be notified in writing by email within four (4) business days of the relevant Draw, and each winner’s name will also be published on the Promotion Website on the dates outlined in the table below.

Draw no: Draw 1

Draw period: 10:00AM AEST on Tuesday 9th April 2024

Draw Date: 09.04.24

Draw Time (AEST): 10.00am

Winner announcement: 10th April 2024

The first five valid entries drawn electronically at random will win each win 1x On Kids Prize Pack valued at $230 (Prize). The prize includes:

Product:

1 pair of On Kids Cloud Play Running Shoes (sized US 11 – 3) (Quantity: 1, RRP: $139.99)

1 pair of On socks (one size) (Quantity: 1, RRP: $39.99)

1 On Running Bag (Quantity: 1, RRP: $49.99 )

7.                   The total Prize pool value is up to a maximum of RRP $1,150. The value of the Prize is accurate at the date of commencement of the Promotion Period and based upon the recommended retail prices at the date of printing. The Promoter accepts no responsibility for any variation in the value of the Prize after that date.

6.     Unclaimed prizes

1.                   The Promoter may conduct such further draws as are necessary for any unclaimed Prize at the same time and place as the original Draws at 4:00pm AEST on the dates outlined in the table above, subject however to any directions given by any applicable gaming authorities. The winner of any unclaimed Prize, if any, will be notified in writing by email within seven (7) business days of the relevant draw and details of the winner of any unclaimed Prize will be published on the Promotion Website on the dates outlined in the table above.

2.                   Subject to the above paragraph, if for any reason a winner does not take a Prize (or an element of a Prize), by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited and cash will not be awarded in lieu of that prize or part of that prize.

7.     Promoter's rights

1.                   The Promoter’s decisions is final, and no correspondence will be entered into, including in the event of a dispute.

2.                   The Promoter reserves the right, at any time, to verify the validity of Entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

8.     Privacy

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

2.                   The Promoter will also use and handle PI as set out in its Privacy Policy, available at https://www.thetrybe.com.au/articles/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.  

3.                   The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

10.     Prize delivery, acceptance, substitution or exchange

1.                   Winners should allow 28 days for the prize delivery.  Prizes will be sent by the most suitable method of delivery for the prize (for example email or mail to the address specified in the Entry).  The Promoter will notify the winner how they will receive their prize. 

2.                   Should an Entrant’s contact details change during the Promotional Period, it is the Entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an Entry should be directed to the Promoter.

3.                   The Prizes (including any unused portion of a Prize) cannot be transferred, exchanged, replaced or redeemed for cash. The Prizes must be taken as offered and cannot be varied by a winner. The Promoter retains the right to substitute the Prize (or a part of the Prize) with a prize or prizes of equal or greater value (including where a Prize is unavailable), subject to approval of the gaming authorities in each State and Territory where relevant.

4.                   It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the Prize supplier’s requirements. Each Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated.

5.                   The conditions of use of the prize include any standard terms and conditions of the Prize suppliers (such as gift card or airline terms) as well as the following conditions:

a)         Unless otherwise specified in the Schedule, the Promoter will not be responsible for any additional costs associated with use of the Prize. The Prize winner (and, if applicable, their guest(s)) is responsible for all costs associated with both entering the Promotion and using the Prize including (if applicable) travel and/or transfer costs, expenses with respect to food and beverages, travel and medical insurance costs and spending money.

b)        Acceptance of the Prize is at the winner’s own risk. As a condition of accepting the Prize, the winner (and his/her companion – where applicable) must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

c)         The Promoter, their associated agencies and companies associated with this Promotion take no responsibility for any Prize damaged or lost in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the Prize.

d)        All Prize winners agree to the use of their name and address suburb for publicity and competition purposes, without compensation.

e)        Prize winners are advised that tax implications may arise from their Prize winning and may wish to seek independent financial advice prior to the acceptance of their Prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a Prize.

f)          If a Prize is available in various locations, the Prize winner is only eligible to claim the Prize in their nearest capital city. If the Prize occurs in the Prize winner’s home city, the Prize winner will not be eligible to receive any accommodation or airfares (which may otherwise have formed part of the Prize).

If the Prize is date specific, the Prize winner must be available to redeem the Prize on the dates stipulated by the Promoter. If the Prize winner is not able to redeem the Prize on that date, the Promoter may determine another Prize winner in its absolute discretion.

11.     Operation of the Platform and the Promotion

1.                   If for any reason this Promotion is interfered with in any way or is not capable of running as planned due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right in its discretion, to the fullest extent permitted by law to: (a) modify suspend, terminate or cancel the Promotion as appropriate, subject to approval of the gaming authorities in each State and Territory where relevant; (b) disqualify any entrant. The Promoter and its associated agencies or companies accept no responsibility for any lost or misdirected Entries.

2.                   The Platform used to conduct the Promotion may not be available for access from time to time during the Promotion Period. All access to, and use of, the Platform is at the individual’s expense and risk. The Promoter has no control over internet or mobile telecommunications, network lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for whatever reason.

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

12.     Liability

1.                   Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).

2.                   Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) taking and/or use of a Prize.

3.                   If despite clauses above, the Promoter incurs a liability to an entrant under any law which implies a warranty or guarantee into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.

4.                   By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a Prize, or using or permitting any other person (i.e. a companion) to use the Prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.

5.                   Facebook, YouTube, TikTok or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, TikTok or Instagram; and to release Facebook, YouTube, TikTok or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, TikTok or Instagram.

13.     Governing Law

1. The Promotion and these Terms of entry will be governed by the laws of Victoria, Australia. Entrants accept the non-exclusive jurisdiction of courts and tribunals of Victoria, Australia with disputes concerning the Promotion.