Budget Direct Dolphins NRL 2024 Phins Giveaway

Terms and Conditions (updated on 15 July 2024)

Introduction

1. Information on how to enter and gifts form part of these terms and conditions. By participating in this Budget Direct Phin Giveaway (Campaign), entrants agree to be bound by these terms and conditions. Entries must comply with these terms and conditions to be valid.
2. The sponsor is Auto & General Services Pty Ltd ABN 61 003 617 909, AFSL 241 411 (operating under the brand Budget Direct) of Level 13, Toowong Tower, 9 Sherwood Road, Toowong QLD 4066 (Sponsor). The Sponsor’s contact number is 1300 858 747.
3. The Campaign commences at 11:00am AEST on 13 March 2024 and ends at 11:00am AEST on 31 October 2024 or when all 5,000 Gifts are exhausted, whichever is earlier (Campaign Period).

Eligibility to enter

4. Directors, management, officers, employees and their immediate families, of the Sponsor, retailers, suppliers, associated entities, service providers and agencies associated with this Campaign are ineligible to enter.
5. Subject to the above, entry is open to Australian residents aged 18 years or over at the time of entry. For the purposes of this clause, an Australian resident means a person who resides in Australia at the time of participating in the Campaign and either:
   1. holds Australian citizenship or an Australian permanent residency visa; or
   2. has been in Australia continuously for six (6) months or more on a temporary work visa, (Eligible Entrants).

How to enter

6. To enter, Eligible Entrants must, during the Campaign Period:
   1. visit www.phinland.com.au (Campaign Website), follow the prompts to the Campaign entry page, and input the requested details including their first and last name, email address, date of birth, a photo of themselves, and if applicable, their current car, home and content insurer;
   2. tick ‘yes’ to the question “If you’re one of the first 5,000, would you like to be sent a Dolphins NRL 2024 Foam Phin?” and provide their postal address; and
   3. submit the fully completed entry form, (Eligible Entry).
7. A limit of one entry applies per Eligible Entrant.

Gifts and the determination of the recipients

8. The Gifts are 5,000 x Dolphins NRL 2024 Foam Cheer Phins valued at AU$1.52 each (each a Gift). The total Gift pool value is AU$7,600.00.
9. The first 5,000 Eligible Entries received by the Sponsor will each be awarded a Gift (each a Recipient).
10. Gifts are not transferable or exchangeable and are not redeemable for cash.
11. Unless expressly stated within these terms and conditions, regarding the Gifts all other expenses become the responsibility of the Recipients.
12. The Gift is not a toy and should only be used for its intended use on the hand. The Sponsor is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Recipients accepting or using the Gift (or both), except for any liability that cannot be excluded by law.
13. Eligible Entrants acknowledge that use of the Gift, or participation in the Campaign, may carry inherent risk. Eligible Entrants acknowledge that use of the Gift may be dangerous and if they (and any other person(s) sharing the Gift with the Recipients choose to use or deal with the Gift, they do so at their own risk.
14. In the unlikely event that a Recipient receives a faulty Gift that is not caused by either normal wear and tear or accidental damage, please notify the Sponsor as soon as the fault is identified and provide details of the fault via email to [email protected]. Subject to stock remaining, the Sponsor will replace the faulty Gift.
15. In the unlikely event that the Gift is recalled, we will notify you using your personal information, publish the recall on the Sponsor’s website being www.budgetdirect.com.au and by notifying the Australian Consumer Law Commissioner.

Recipient notification

16. The Recipients will be notified in writing via their email address once the Gift has been dispatched (Notification Email).
17. The Sponsor will make all reasonable attempts to identify, locate and notify the Gift Recipients.

Gift delivery

18. The Sponsor will dispatch the Gift to the Recipients via their nominated postal address, submitted at the time of entry, within two (2) business days of the Notification Email.
19. Recipients acknowledge that it may take at least ten (10) working days or longer from the Notification Email for them to receive the Gift.

Unclaimed Gifts

20. If any of the Recipients choose not to take their Gift, is unable to take their Gift, or if any Gifts are unclaimed, then the Gift will be forfeited by the Recipient and cash will not be awarded in lieu.
21. The Sponsor will then award the Gift to the next Eligible Entry in the order that it was received. If a Gift cannot be awarded to the next Eligible Entry, the Sponsor will continue this process until the Gift is awarded.

Use of the entrants’ personal information

22. Personal information including the entrants’ name, address, telephone number, photograph, and email address will be collected by the Sponsor and used for the purposes of conducting this Campaign. This may require disclosure to third parties, including but not limited to Gift suppliers or any regulatory authorities. Entry is conditional on providing this information. The Sponsor may also use or disclose the entrants’ personal information for marketing, promotional, and publicity purposes.
23. By entering this Campaign, the entrants consent to the use of their personal information in the manner set out in these terms and conditions. The entrants agree that the Sponsor may disclose personal information to other organisations or persons including overseas service providers or related bodies corporate located in Germany that may use it, in any media for the Purpose.
24. The entrants may access, change or update their personal information by emailing the Sponsor at [email protected]. A copy of the Sponsor’s privacy policy is available at https://secure.budgetdirect.com.au/branding/resources/BUDD/legal/car/privacy.pdf. The privacy policy contains information about how individuals may access or correct personal information or make a privacy-related complaint.

Intellectual property and moral rights

25. By entering this Campaign, each entrant grants the Sponsor the licence to use the content of the entrant’s entry in any way the Sponsor wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the entrant of royalties or compensation.
26. By entering this Campaign, each entrant consents to the Sponsor dealing with the entrant’s entry content in any way that may otherwise infringe the entrant’s moral rights. Each entrant agrees not to assert the entrant’s moral rights (wherever such rights are recognised) in respect of the relevant entry against the Sponsor or its assigns, licensees or successors.
27. Each entrant warrants that the entrant’s entry is not in breach of any third-party intellectual property rights.

Publicity

28. Entrants consent to the Sponsor using their name, likeness, or image (or a combination of these) if they are a Recipient in any media for an unlimited time without remuneration or compensation for the purpose of promoting this Campaign (including any outcome) and/or promoting any products manufactured, distributed or supplied (or both) by the Sponsor and its related entities.

Social media platforms

29. The entrants acknowledge and agree that this Campaign is in no way sponsored, endorsed, administered by, or affiliated with Facebook, Instagram, TikTok and YouTube.
30. The entrants confirm that they release Facebook, Instagram, TikTok and YouTube from all claims based on, related to, or arising from the Campaign.
31. The Sponsor is not responsible for any loss, damage or injury to the entrants resulting from entering or participating in this Campaign including arising from any comments made, or material published, by third parties about the entrants on any social media platform in connection with this Campaign.

Governing law and jurisdiction

32. These terms and conditions, the Campaign and any claim or dispute between the Sponsor and an Entrant are governed by the laws of Queensland. The entrants submit to the non-exclusive jurisdiction of courts and tribunals of Queensland in connection with any dispute concerning these terms and conditions and the Campaign.

Dispute resolution

33. In the event of a dispute concerning the conduct of the Campaign or claiming a Gift, the entrants must contact the Sponsor to attempt to resolve the dispute in good faith. If the matter cannot be resolved, the entrants agree that the decision of the Sponsor will be final.

General conditions

34. The Sponsor’s decision is final and binding and no correspondence will be entered into.
35. The Sponsor accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
36. Illegible, indecipherable or incomplete entries will be deemed invalid. Incorrect details submitted may render the corresponding entry invalid.
37. Should an Eligible Entrant’s contact details change during the Campaign Period, it is the Eligible Entrant’s responsibility to notify the Sponsor. A request to access or modify any information provided as part of the redemption of a Gift should be directed to the Sponsor. The Sponsor takes no responsibility when it is unable to contact or locate the Gift Recipients who have not provided correct or complete contact details.
38. Entry to the Campaign is free. However, all costs associated with accessing the Campaign Website are the entrant’s responsibility and are dependent on the Internet service provider used.
39. The Sponsor reserves the right to request verification of the entrants’ age, identity, residential addresses and any other information relevant to the entry into or participation in this Campaign. Verification is at the discretion of the Sponsor, whose decision is final. Failure by the Sponsor to enforce any of its rights does not constitute a waiver of those rights.
40. The Sponsor reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this Campaign, has breached any of these terms and conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Campaign. In the event that a Recipient breaches these terms and conditions, the Recipient will forfeit the Gift in whole and no substitute will be offered. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
41. All entrants have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Sponsor. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Sponsor (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Campaign, including, without limitation:
    1. any technical difficulties or equipment malfunction (whether or not under the Sponsor’s control);
    2. any theft, unauthorised access or third-party interference;
    3. any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor) due to any reason beyond the reasonable control of the Sponsor;
    4. any variation in market value to that stated in these terms and conditions;
    5. any tax implications; or
    6. the Gift or use of the Gift.
42. If for any reason beyond the reasonable control of the Sponsor, this Campaign is not capable of running as planned, the Sponsor reserves the right in its sole discretion to take any action that may be available to it, including the right to cancel, terminate, modify or suspend the Campaign, unless to do so would be prohibited by law.
43. These terms and conditions may be varied by the Sponsor at any time during the Campaign Period. If any of the changes are likely to be detrimental, Eligible Entrants who have submitted an Eligible Entry will be sent an email (to their registered email address) and given an opportunity to review the changes before they go into effect. All other changes to the terms and conditions will be updated on the following webpage: https://www.phinland.com.au/terms-conditions/phingiveawayterms. The changes will apply from the date they are posted. The current version of these terms and conditions will be available on the above webpage (with the date shown at the top of the terms and conditions indicating the currency of those terms and conditions).