BABY SPORTS PTY LTD COMPETITION TERMS AND CONDITIONS
1. These terms and
conditions together with any specific rules set out in Competition
Notices (as defined below) are the Competition Rules ("Rules")
and apply to competitions included on the www.babysports.com.au website
("Competition"), unless otherwise expressly stated. By entering
a Competition, entrants agree to be bound by these Rules.
2. The Competition
is organised by Baby Sport’s Pty Ltd or its
subsidiary
3. Rules specific to each Competition are displayed in a notice included
on the www.babysports.com.au web page posting for such Competition (the "Competition
Notice") and are incorporated herein. In the event of discrepancy
between these terms and conditions and the Competition Notice, the Competition
Notice shall prevail.
4. Baby Sports Pty Ltd reserves the right
to cancel or amend the Competition, the Competition Notice or these Rules
at any time without prior notice. Any changes will be posted either within
the Competition Notice or these Rules
5. In the event of any dispute regarding the Rules, Competition Notice,
conduct, results and all other matters relating to a Competition, the
decision of Baby Sports Pty Ltd shall be final and no correspondence
or discussion shall be entered into.
Qualifying Entrants
6. To qualify to enter the Competition you
must be an Australian resident and have a child under 12 years old.
7. Employees
of Baby Sports Pty Ltd or any company involved in the Competition or,
any advertising agency or web company connected with Baby Sports Pty
Ltd or any such person’s subsidiary or associated companies,
agents or members of their families or households, are not eligible to
enter the Competition. Baby Sports reserves the right to verify the eligibility
of all entrants.
8. By entering the Competition, you hereby warrant that all information
submitted by you is true, current and complete. By entering the Competition,
you hereby warrant that all information submitted by you is true, current
and complete.
9. Baby Sports assumes that by using its site and entering
the Competition (and you warrant that) either you have legal capacity
to enter the Competition and agree to the Rules
10. Baby Sports reserves
the right to disqualify any entrant if it has reasonable grounds to believe
the entrant has breached any of these terms and conditions.
11. In the event
that any entrant is disqualified from the Competition, Baby Sports in its
sole discretion may decide whether a replacement should be selected. In
this event, any further entrant will be selected on the same criteria as
the original entrant and will be subject to these Rules.
Competition
Entries
12. There is no purchase requirement to enter a Competition and
there is no charge to register for use of the www.babysports.com.au .
13.
Proof of posting cannot be accepted as proof of delivery. Baby Sports cannot
accept responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft, destruction, alteration of, or unauthorised access to entries,
or entries lost or delayed whether or not arising during operation or
transmission as a result of server functions, virus, bugs or other causes
outside its control.
14. Prize winners will be chosen at random
15. Prize winners will be notified in the manner and within the time
specified on the Competition Notice. Return of any prize notification
as undeliverable or failure to reply as specified in the notification
within the time stated therein may result in disqualification and selection
of an alternate winner. If more than one prize is awarded only one prize
per entrant will be awarded. Competition winner(s)’ names may be
published on the Baby Sports website
16. Claims for prizes must be made in the manner and within the time
specified on the Competition Notice. Failure to claim a prize within
this time or in the manner specified may result in disqualification and
selection of an alternate winner.
17. Prizes are non-transferable and, Baby
Sports reserves the right to substitute prizes of equal or greater value
at any time.
18. Prizes are awarded at Baby Sports discretion and no prizes
will be awarded as a result of improper actions by or on behalf of any
entrant.
19. All taxes, insurances, transfersunless specifically stated, are
the sole responsibility of the prize winner.
Intellectual Property Rights
20. In consideration of Baby Sports agreeing
to consider entrants to the Competition, each entrant hereby assigns to
Baby Sports the complete copyright and all other rights in any entry, which
shall be for the full period of copyright. Baby Sports shall be free to
assign such rights to third parties.
21. Furthermore, any information submitted
by you must be personal to and relate specifically to you. You hereby warrant
that the information which you submit and/or distribute will not infringe
the intellectual property, privacy or any other rights of any third party,
and will not contain anything which is libellous, defamatory, obscene,
indecent, harassing or threatening. If relevant, Baby Sports reserves the
right, but not the obligation, to screen, filter and/or monitor information
provided by you and to edit, refuse to distribute or remove the same.
Liability
22. Baby Sports cannot accept any responsibility for any damage,
loss, injury or disappointment suffered by any entrant entering the competition
or as a result of accepting any prize. Baby Sports is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer on-line systems, servers, or providers, computer equipment,
software failure of any email or entry to be received on account of technical
problems or traffic congestion on the Internet, telephone lines or at
any web site, or any combination thereof, including any injury or damage
to entrant’s or any other person?s computer or mobile telephone
related to or resulting from participation or downloading any materials
in the Competition. Nothing shall exclude Baby Sport liability for death
or personal injury as a result of its negligence.
Data Protection and Publicity
23. Winners may be requested to take part
in promotional activity and Baby Sports reserves the right to use the names
and addresses of winners, their photographs and audio and/or visual recordings
of them in any publicity.
24. Any personal data relating to entrants will
be used solely in accordance with current Australian data protection legislation
and will not be disclosed to a third party without the individual?s prior
consent.
Jurisdiction
25. The Competition and the terms and conditions of this agreement
will be governed by Australian Law.
