New Balance Australia

‘9060 Launch Giveaway Competition’

FULL TERMS & CONDITIONS

General

  1. The competition is a game of chance.
  2. The material used to market and promote the competition forms part of the competition terms. If there is an inconsistency between the material used to market and promote the competition and the competition terms, the competition terms prevail.

Eligibility to enter

  1. Anyone may enter the competition, provided that they are:
  1. a resident of Australia (residents under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 to enter); and
  2. not an employee or immediate family member of an employee, of the Promoter or an agent of the promoter, who is directly associated and connected with the organisation of this competition.

Entering

  1. By entering the competition, entrants accept the competition terms.
  2. To receive an automatic entry in the prize draw eligible entrants must between 12:01am (AEDT) on 05/10/2023 and 11:59pm (AEDT) on 26/11/2023 (Competition Period) click on the link embedded in the competition promotional material then complete the competition entry form and tick the box agreeing to receive New Balance marketing emails before submitting their entry.
  3. Entrants are limited to one entry only during the Competition Period.
  4. The promoter may disqualify any entrant who:
  1. enters the competition without being eligible;
  2. tampers with the entry process;
  3. submits an entry that is not in accordance with the competition terms; or
  4. in entering the competition, engages in conduct which is fraudulent, misleading, deceptive or damaging to the goodwill or reputation of the competition or the promoter.

Failure by the promoter to exercise its rights under paragraph 7 does not constitute a waiver of the promoter’s rights under paragraph 7. If the entrant’s contact details change, the entrant must notify the promoter.

 

Drawing winners

  1. The promoter will draw the winners from the pool of valid entries at the draw time on the draw date at the draw address.
  2. The first 5 valid entries the promoter draws will each win a pair of New Balance 9060 shoes (prize shoe size and colour will be limited to the shoe size and colour selected by the prize winner on their entry form) subject to the Promoter’s rights under paragraph 7.
  3. The promoter will notify the Winners by mail (or email) within 7 days of the draw date and post the Winners’ name and postcode at www.newbalance.com.au/promotions-terms-conditions/ within 7 days of the draw date.

Awarding prizes

  1. The promoter may request that the winner provides proof of identity, proof of age or proof of Australian residency to the promoter’s reasonable satisfaction before awarding the prize. If upon request the winner does not provide proof of identity, proof of age or proof of Australian residency to the promoter’s reasonable satisfaction within three (3) months after being selected as a winner, then the relevant Winner may be deemed to have forfeited their entitlement to their prize. In those circumstances the promoter may redraw the prize in accordance with paragraph 15.
  2. The winner must accept the prize within three (3) months after being drawn as the winner.  If the winner does not accept the prize within three (3) months after being drawn as the winner, the promoter may redraw the prize in accordance with paragraph 15.
  3. In consideration of the promoter awarding the prize to the winner, the winner:
  1. consents to the promoter, without royalty or any fees, using his or her name, likeness, image, voice and entry in any marketing and promotion of the competition, the promoter or the promoter’s business;
  2. agrees to use the prize in accordance with the supplier’s specified conditions and requirements;
  3. agrees that the prize is not transferable or exchangeable and cannot be taken as cash; and
  4. agrees to comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties
  1. If the prize is unavailable, the promoter may substitute the prize with a substitute prize, provided that the substitute prize is of the same or similar value or specification as the prize subject to legislative approval.

Further Draw

  1. If for any reason, the prize has not been awarded within 3 months after the draw date the promoter may conduct a further draw from the pool of valid entries at 10:00am (AEDT) on 28/02/2024 at Focal Promotions, 2/7 Stayner Street Beaumaris VIC 3193.
  2. The first drawn valid entry the promoter draws is the winner, subject to the promoter’s rights under paragraph 7.
  3. The promoter will notify any further draw winner by mail (or email) within 7 days of the draw date and post the Winners’ name and postcode at www.newbalance.com.au/promotions-terms-conditions/ within 7 days of the draw date.

Force majeure

  1. If there is a force majeure event which prevents or materially and adversely affects the promoter’s ability to market, promote and run the competition in accordance with the competition terms, the promoter may cancel, terminate, modify, suspend or postpone the competition, subject to State Licensing Authorities approval.

Liability

  1. The promoter is not liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including:
  1. any late, lost, altered, damaged or misdirected entries or prize acceptance, including delays due to technical disruptions or network congestion;
  2. any incorrect or inaccurate information caused by equipment or programming associated with or utilised in the competition;
  3. any technical error, including any omission, interruption, deletion, defect, delay in operation or transmission or communications line, telephone, mobile or satellite network failure; and
  4. any theft, destruction, unauthorised access to or alteration of entries; and
  5. any use of the prize or any tax liability incurred by the winner as a result of accepting the prize.
  1. Nothing under paragraph 19 is intended to limit entrants or winners’ rights under the Australian Consumer Law 2010.
  2. This promotion is in no way sponsored, endorsed or administered by, or associated with any social media provider and no social media provider is liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including anything detailed in Section 19.

Personal information

  1. The promoter collects personal information about entrants in order to run the competition, award prizes and comply with the permits. The promoter uses and manages entrants’ personal information in accordance with its privacy policy (www.newbalance.com.au/privacy-policy.html). By entering the competition, each entrant consents, without royalty or any fees, to the promoter using their personal information for future marketing and promotional purposes.

Meanings

  1. In the competition terms, the following words have the following meanings:

Word

Meaning

Competition

New Balance ‘9060 Launch Giveaway Competition’

Competition Period

From 12:01am (AEDT) on 05/10/2023 to 11:59pm (AEDT) on 26/11/2023

Draw date & time

27/11/2023 at 2:00pm (AEDT)

Draw address

Focal Promotions, 2/7 Stayner Street Beaumaris VIC 3193

Force majeure event

An event which is beyond the control of the promoter, including:

  1. vandalism, power failures, tempests, natural disasters, acts of God, global health emergencies, epidemics, pandemics, civil unrest, strike, war or terrorism; and
  2. An infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion

Immediate family member

Spouse, ex-spouse, de-facto spouse, child, step-child, parent, step-parent, grand-parent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin

Prizes

Prize Pool (5 prizes)

  • Each prize includes one pair of New Balance 9060 shoes (prize shoe size and colour will be limited to the shoe size and colour selected by the prize winner on their entry form) valued at $240.

Total prizes: 5. Total maximum prize pool value: $1,200.

Promoter

New Balance Australia Pty Ltd

ABN 65 003 049 296

47 Wangara Road, Cheltenham VIC 3192

Website

www.newbalance.com.au