How to Enter:
To enter, entrants must:
- A. Download the WarnieMojis App from the App Store for Apple or GooglePlay for Android;
- B. Purchase the In App Sealed Section Pack for $1.99 and complete the entry form available in the App in accordance with the instructions on the entry form, including providing their full name, age, email address, contact number and place of residence;
- C. In completing the entry form, answer the following question in 25 words or less:
- “I would love to spend the afternoon with Warnie because….”
- 1. Entry instructions and prize information form part of these Terms and Conditions of Entry. Participation in the Promotion constitutes acceptance of these Terms and Conditions of Entry.
- 2. 2. The Promoter of the Promotion is StarMojis Pty Ltd (ACN 613 415 268), ("StarMojis") a company duly incorporated in Australia with its office at Level 1, 414 Toorak Road, Victoria, Australia (Promoter).
- 3. The Promotion commences on 17 November 2016 at 9.00am and closes on 17 January 2017 at 5.00pm AEDST (Promotion Period). No entries will be accepted after this time.
- 4. The time of entry will be deemed to be the time the entry is received by the Promoter.
Eligibility to Enter
- 5. Entry is open to individuals aged 18 years and over from any country. Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers associated with this Promotion and the immediate family members of these people are ineligible to enter. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Entry into the Promotion
- 6. Only one entry per entrant allowed.
- 7. To enter the Promotion, entrants must follow the entry instructions and comply with all other applicable requirements during the Promotion Period. Entries must be submitted in accordance with the entry instructions and will not be accepted in any other form. No responsibility is accepted by the Promoter for late, lost, misdirected, or illegible entries.
- 8. The Promoter and/or its representatives may conduct security and/or verification checks in their absolute discretion to determine an entrant’s eligibility to enter the Promotion (including verifying an entrant’s identity and age). Ineligible entries will be deemed to be invalid.
- 9. The Promoter reserves the right to request the winner to provide proof of identity in order to claim the prize. Proof of identification considered suitable for verification is at the discretion of the Promoter. In the event that the winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 10. Entries must not contain any content that infringes the rights (including intellectual property rights) of any person or is unlawful, obscene, offensive, potentially defamatory, discriminatory, hateful, racially or ethnically offensive, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving excessive violence, malice or swearing).
- 11. All entries and the content contained in those entries become the property of the Promoter. Once submitted, no changes to or withdrawal of an entry will be permitted.
- 12. Entrants must obtain the prior consent from any person or property that appears in their entry.
- 13. Incomplete entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
- 14. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
- 15. Entries made on behalf of an entrant by a third party will be invalid.
- 16. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
- 17. By submitting an entry to the Promotion, each entrant assigns all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public or allow third parties to do these things.
- 18. Any cost associated with downloading the App and accessing the entry form is the entrant’s responsibility.
- 19. There will be one prize (Prize). The Prize will consist of lunch and a cricket net session, taken on the same day for a maximum time of 3 hours, for the winner and 3 friends (who must also be over 18) with Shane Warne at a time and place to be determined.
- 20. The Promoter will arrange for Shane Warne to travel to the major centre or city nearest to the residential location of the winner in order for the winner to claim the Prize. Shane Warne’s appearance for the Prize is subject to Shane Warne’s availability and ability to travel to the location of the winner of the Prize or other suitable location. If arrangements are not able to be made for the Prize within a reasonable distance of the location of the winner, Shane Warne may be available for the Prize at other locations and the Promoter will use its best efforts to arrange an agreed location for the Prize. The Prize must be taken on or before 23 December 2017.
- 21. If the winner and their friends are required to travel or incur any cost in order to claim the Prize, any such travel or transport costs are the responsibility of the winner and their friends. The Promoter is not liable for any cost, damage or claim suffered or incurred by the winner or their friends in order to claim the Prize.
- 22. The Prize must be taken as stated and no compensation will be payable if the winner is unable to use the Prize as stated. Prize is not transferable or exchangeable and cannot be redeemed as cash.
- 23. The winner must be ready, willing and able to participate in the Prize on the arranged date. If the winner (for whatever reason) is unable to take an element of the Prize on the arranged date then the prize will be forfeited and cash will not be awarded in lieu of the Prize.
- 24. If the Prize, or an element of the Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or an element of it, subject to the approval of any relevant authority.
- 25. Entries will be judged on creativity, literary merit and originality.
- 26. The entries will be judged on 18 January 2017 at the Promoter’s headquarters.
- 27. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
- 28. This Promotion is a game of skill and chance plays no part in determining the winner.
Notification of Winner
- 29. The winner will be notified by phone and in writing by email by 19 January 2017.
Prize Claim Date
- 30. Prize must be claimed by 21 January 2017 (Prize Claim Date).
- 31. If the Prize is not claimed by the Prize Claim Date or is deemed invalid in accordance with these Terms and Conditions of Entry, the next best entry, as determined by the judge(s) shall be awarded the Prize.
- 32. The further judging will take place within 2 working days after the Prize Claim Date. Any winner selected by this method will be notified by phone and in writing by email within 2 working days after being determined.
- 33. The Promoter may use any personal information entrants provide in connection with this Promotion for the purpose of the Promotion, and also in advertisements, publications, media statements and other promotional material associated with the Promotion. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (incl. photograph, film, file and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any services supplied by the Promoter.
- 34. The Promoter may also use the entrant’s personal information to provide information about the Promoter’s products and services and the products and services of the Promoter’s associated entities, sponsors, suppliers and advertisers (including via post, phone, email and SMS).
- 36. The Promoter may disclose the information for any of the above purposes to its related bodies corporate, service providers and agencies. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
- 37. The Promoter accepts no responsibility for any tax implications that may arise from winning the Prize. Independent financial advice should be sought.
- 38. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft destruction, transmission interruption, communications failure or otherwise, any injury or damage to entries or to participants’ or any other person’s computer related to or resulting from participation in or downloading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority.
- 39. The Promoter reserves the right to disqualify all entries from any entrant who tampers with, or benefits from tampering with, the entry process or the Promotion.
- 40. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
- a. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or
- b. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
- 41. By entering this Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion. The winner releases the Promoter and its agencies and representatives associated with this Promotion from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the Prize. Without limiting the foregoing, the Promoter and its agencies and representatives associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury (including injury, sickness or death) or any other direct or indirect loss of any kind, however sustained or incurred, which is suffered or sustained (including without limitation to that caused by any person’s negligence) in connection with or arising out of this Promotion or the awarding or taking of the Prize except for any liability which cannot be excluded by applicable law (in which case liability is limited at our option, to resupply of the relevant service or the cost of resupplying the service).
- 42. The terms and conditions of this Promotion are governed by the laws of Victoria, Australia.