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TERMS AND CONDITIONS OF ENTRY INTO “2017 Kennards Hire Cricket Ticket Giveaway” (Promotion)

1. Information on how to enter and prize details form part of these terms and conditions (Terms and Conditions), however, to the extent that there is any inconsistency between these Terms and Conditions and any other published material, these Terms and Conditions will prevail.  By submitting an entry into the Promotion, the entrant warrants that they have read, understood and accepted these Terms and Conditions.

2. The promoter of the Promotion is Kennards Hire Pty Limited ABN 69 001 740 727 of Unit 1, Building I, 22 Powers Road, Seven Hills, New South Wales, (the Promoter), tel: 02 8824 2205.  The Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) will be known as "Kennards Hire".

3. The timetable for the Promotion is as follows:

Promotional Period and relevant dates





Promotion Opens:

Mon 16/1/2017


Promotion Closes:

Sun 22/1/2017


Promoter to draw Winner:

Mon 23/1/2017


Winner contacted/Notification Date:

Mon 23/1/2017


Final Notification Date

Tuesday 24/1/2017


Prize date:

Mon 30/1/2017


4. Entry is open to NZ residents only who:

(a) are at least 18 years of age and;

(b) have a valid email address and phone number,

 (Eligible Entrants).

The directors, management and employees (and their immediate families) of Kennards Hire, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this Promotion are ineligible to enter the Promotion.

5. To enter this Promotion, an Eligible Entrant must, within the period commencing on the date the promotion opens and ending on the date the promotion closes (as set out in item 3) (Promotional Period) visit the Kennards Hire Facebook page at https://www.facebook.com/KennardsHire/ (the Promotional Vehicle) and tell us about their favourite NZ v Australia Cricket Moment via the comments thread on the promotional post (Promotional Vehicle).

6. Winners will be notified by a private message on Facebook, and then requested to provide their full name, phone number and email address to the Kennards Hire administrator via the means requested by the administrator.

7. Only correct entries will be accepted as Eligible Entries during the Promotional Period.  An entry is only deemed to be received at the time of its receipt by the Promoter and not at the time of transmission by the entrant.

8. Entries received will be considered final by the Promoter. Incomplete, inaccurate, incorrect, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly on the Promotional Vehicle by an Eligible Entrant will deem an entry invalid.

9.  The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity), and disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.

10.  Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

11.   This is a game of skill and chance plays no part in determination of the winners. Eligible Entrants will be judged individually by a panel of judges appointed by The Promoter, based on the quality of their answer to the Promoter’s question in respect of item 5 above. The Promoter’s decisions are final and no correspondence will be entered into. Eligible Entrants will be selected at the Promoters address set out in item 2 above.

12. There will be 10 major prize winners, who will be entitled to bring three friends [Nominated Guests] to the cricket in Auckland on the  30th January, 2017.

13. For the purposes of these Terms and Conditions any person that accompanies the major prize winner must be approved by the Promoter (acting reasonably) and will constitute a "Nominated Guest".

14. The total prize pool is for 10 x 4 passes (General Admission) to the cricket in Auckland on the  30th January, 2017, travel or any other expenses are NOT included. The Promoter takes no responsibility for any variation in the prize/s value. The prize/s is not exchangeable or redeemable for cash. A prize must be taken as offered and cannot be varied. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a different prize item of equal or greater value.

15.  The prize winners will be notified on [23rd] January 2017 (Notification Date) via Facebook Direct Message, and names of the winners will be published on the Kennards Hire Facebook page (facebook.com/kennardshire) on the Notification Date.

16.  The Promoter will take all reasonable steps to contact each winner on the Notification Date.

17.  If for any reason whatsoever a winner is not eligible to accept their prize, then the prize will be forfeited by that winner and neither cash nor any other prize will be awarded in lieu.  If the winner does not claim their prize by the Final Notification Date (as set out in item 3 above), they will forfeit the prize and the Promoter's judging panel will select another entry. This process will continue either until the particular prize is claimed or valid entries are exhausted, whichever occurs first.

18.  The Promoter will continue to attempt to contact each winner from the Notification Date until [24.1.17] (Final Notification Date).  If the Promoter has been unable to contact or receive a reply from any winner by the Final Notification Date that winner will forfeit the prize and an unclaimed prize draw will be held.

19. All costs not expressly stated, but which may be incurred in acceptance and use of a prize, are the responsibility of the winner. Such additional costs may include, but are not limited to travel and/or transport to and from the prize location, other transfers, accommodation, spending money and insurance. For the avoidance of doubt, the winners and Nominated Guest must make their own way (at their own cost and responsibility) to claim their prize.

20. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any entrant or modify, suspend, terminate or cancel the Promotion, as appropriate.

21. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury suffered or sustained in connection with this Promotion or any prizes; and any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:

 (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s 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 the Promoter) due to any reason beyond the reasonable control of the Promoter;

 (d)  any variation in prize value;

(e)  any liability that arises while on site as part of the 'walk through';

 (e)  any tax liability incurred by a winner or entrant; and

 (f)  use of the prize.

22. As a condition of accepting their prize, each winner and Nominated Guest may be required to sign legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

23. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to any third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for Promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter at Unit 1, Building I, 22 Powers Road, Seven Hills, New South Wales.

24. The winner indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all losses arising from a breach by the winner and/or their Nominated Guest of any of these Terms and Conditions; any third party claim arising directly or indirectly from a breach by the Winner and/or their Nominated Guest of any of these Terms and Conditions; a negligent, wilful or otherwise wrongful act or omission of the winner; fraudulent or dishonest acts or omissions by the winner; any breach by the winner of any applicable laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the winner accepting this prize; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the winner and/or their Nominated Guest.

25. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence (with the right to sub-license) to use and exploit all intellectual property rights (including, without limitation, copyright) in and to their entry and consents to the Promoter doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of an entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or part of an entrant’s entry for promotional, marketing or publicity purposes, whether in respect of the competition, the Promotion, the Promoter or otherwise. Each entrant warrants to the Promoter that the work submitted as part of their entry is an original work of the entrant, which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.

26.  As a condition of accepting a prize, each winner and Nominated Guest consents to the Promoter using the Entrant's entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter.

27. By submitting an entry into the Promotion, the entrant acknowledges that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or any other social network.

28.  To the fullest extent permitted by law, each entrant releases Facebook from and against any loss, liability, cost or expense that the entrant or any other person may suffer or incur as a result of entry into the Promotion.

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