1. This competition (Competition) is conducted by Ben Smith and Reece Marshall of Liberty Network Services Pty Ltd ABN 65 151 158 628 of 16/535 Bourke Street, Melbourne, Victoria, (Tel 13 11 33) Australian Credit Licence 408042 (Promoter).
2. This Competition commences on 9am AEST Monday 28 February 2022 and closes at 11.59pm (AEDT) on Saturday 30 April.
3. This Competition is only open to Australian residents who:
a. have not breached these Terms and Conditions;
b. are aged 18 or above; and
c. are not ineligible under clause 21, which applies to individuals with certain existing relationships to us.
Entry into this Competition is acceptance of these Terms and Conditions.
5. To validly enter this Competition, individuals must book and attend a meeting with Reece Marshall or Ben Smith prior to 30 April 2022.
6. The prize is a Settlement Essentials Gift Hamper pack (Prize Pack) valued at $125.00.
7. The winner will be selected in accordance with clauses 10-13.
8. The prize is not transferable, exchangeable or redeemable for cash other than in accordance with the terms and conditions of this Competition. The prize must be taken as offered and may not be varied.
9. If the Prize Pack and/or any part of it becomes unavailable, the Promoter, at its discretion, reserves the right to substitute the prize or that part of it with a similar prize or a prize of equivalent value, subject to any written directions from a regulatory authority.
10. The Promoter will randomly draw the winner of the Prize Pack at 9am (AEDT) on Friday 6 May 2022.
The Promoter will announce the winner of the competition via an Instagram story post shared on both Ben Smith and Reece Marshall’s Instagram pages (@ben_thebroker_smith and @ReeceTheBroker) and a Facebook post shared on both of their Facebook pages (Ben Smith and Reece Marshall) on Friday 6 May 2022 and notify the winner via phone call.
12. The winner must accept their prize before 5:00 pm (AEDT) on Friday 13 May by:
a. answering the call from Reece Marshall or Ben Smith; or
b. returning a call from Reece Marshall or Ben Smith (if they missed a call from them as per the clause above).
13. If the winner has not accepted the prize within:
a. the timeframe in clause 12; or
b. such timeframe that the Promoter imposes on a winner redrawn under this clause,
14. then that winner will forfeit the prize and the Promoter will award the prize by redrawing a winner in accordance with these Terms and Conditions.
15. On acceptance of the prize, the winner will be given details on how to claim their prize.
16. The winner is responsible for understanding and complying with their taxation obligations in relation to the prizes.
17. By entering this Competition, entrants agree that they will undertake such steps as are reasonably required by the Promoter to take delivery of the prize and acknowledge that the prize will not be available until these requirements have been met to the reasonable satisfaction of the Promoter.
18. Entrants consent to the Promoter, and its related entities using their information for the following purposes in addition to the conduct of the competition:
a. Promotion of products and services, including products or services that the Promoter distributes; and
b. Conducting research, and planning or developing product and marketing strategies.
19. Entrants agree that if they win the competition, the Promoter may use their name, likeness, image and/or voice in (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this or any other competition (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter or its related entities.
20. If there is a dispute as to the identity or details of an entrant, the Promoter reserve the right in its sole discretion, to determine the identity or details of the entrant.
21. Each entrant acknowledges that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of an entrant’s ineligibility to enter after it has awarded a prize to the ineligible entrant. Return or forfeiture of a prize or payment of its equivalent value to the Promoter can be required to the Promoter if this occurs.
22. The Promoter’s employees (and their immediate families) and those of its related entities, or of any other organisation associated with this Competition 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 first cousin. Related entity means related within the meaning of the Corporations Act 2001 (Commonwealth).
23. If for any reason this Competition is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the Promoter’s control, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition or the Promoter’s reputation or the reputation of this Competition, the Promoter may cancel, terminate, modify or suspend this Competition, subject to regulatory approval, if required.
24. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including their eligibility to enter) and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions, who interferes improperly in the administration, integrity or conduct of the Competition or who otherwise tampers with the entry process. The Promoter’s failure or omission to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. Nothing in these Terms and Conditions 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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) exclude 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 the Competition.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) are not responsible for and exclude 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 our 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 us) due to any reason beyond our reasonable control;
d. any tax liability incurred by a winning entrant; or
e. use/taking of a prize.
27. This competition is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram.
28. Any entrant who, in our reasonable opinion, tampers or interferes with the entry, judging or announcement process, or in any way, engages in any unlawful or improper conduct which jeopardizes or is likely to jeopardize the fair or proper conduct of the Competition, or who does not properly comply with the entry process, will be ineligible to win.
29. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms, all prize claims in excess of the advertised prize pool will be honoured.
30. The laws of Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
31. The Promoter’s decisions in relation to this Competition are final and it reserves the right to not respond to any communication disputing or disparaging its decisions.
For any further information relating to this Competition please contact Reece Marshall (on behalf of Liberty Network Services Pty Ltd): 0458 665 832 or rmarshall@libertynetwork.com.au OR Ben Smith: 0424 153 236 or ben.smith@libertynetwork.com.au