Kick for Cash’ Kennards Hire Promotion 2019 TERMS AND CONDITIONS
2. Entry is only open to residents of Australia. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
Information on how to enter and prizes form part of these Terms and Conditions of Entry. Participation in this promotion is deemed acceptance of these Terms and Conditions of Entry.
1. The Promoter is Kennards Hire (ABN 69 001 740 727) of: Unit 1, Building 1, 22 Powers Rd, Seven Hills, NSW, 2147
3. Employees of the Promoter and its agencies associated with this promotion and the immediate families of these people are ineligible. 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.
4. A professional, former professional, anyone that has ever been a member of, or played on, any international team or semi-professional (defined by earning, receiving or being entitled to receive, more than AUD$20,000 in payment or reward, in a single calendar year from match fees or sponsorship fees – including cash, goods or services) for playing AFL, soccer, rugby union or rugby league are ineligible to enter.
5. The promotion for the Game will commence at 12:01am (AEST) Saturday 27th April, 2019 and conclude at 8.40pm (AEDST) Saturday 27th April, 2019 and is open only to persons in attendance at this Sydney Swans games held at the Sydney Cricket Ground, NSW, Australia.
- Eligible Match (Rd 6) – Saturday 27th April, 2019 (Sydney Swans vs. GWS Giants)
(a) SMS their Full Name, Email Address and Postcode (in that order with a space between each item and no commas) to 0429 222 888 during the promotional period for each respective game listed above in clause 5.
(b) Standard SMS rates apply. All entrants will receive an SMS auto reply message confirming the receipt of their entry, subject to verification and any requirements under these Terms and Conditions. SMS entries via the Internet are ineligible. Service provider: SL Interactive Pty Ltd;
7. One (1) ‘PARTICIPANT’ per game will be drawn at random at Half Time using approved software managed by SL Interactive Pty Ltd and notified via SMS and/or a phone call from the Promoter.
8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant
9. Only one entry permitted per unique mobile number, per day
10. The ‘PARTICIPANT’ will win the opportunity to enter the ground at three-quarter time to participate in the game ‘Kick for Cash’.
12. Proxy or Replacement Participant – Under no circumstances whatsoever will a proxy or replacement for the participant be permitted to take part in the promotion if the Draw Winner is unable to participate for any reason. An ID check will be carried out by the Promoter’s promotional staff prior to the Kick for Cash at three-quarter time to ensure the drawn winner is the correct participant.
13. The ‘PARTICIPANT’ will have 5 minutes to claim the right to participate in the Kick for Cash once notified via SMS and or Phone Call. Should the PARTICIPANT not wish to participate (or has left the game venue) a re-draw will be conducted until a suitable participant is found.
14. Unclaimed Prize Draw
- A draw for any unclaimed Prizes from an Eligible Match will take place on 29th October, 2019 at 2pm AEST at 1/22 Buchanan Road, Brooklyn, VIC 3012, subject to any directions from a regulatory authority.
- For clarity, the unclaimed Prize draw will only be conducted in the event that a Prize Winner does not claim their Prize (including Consolation Prize) within 3 months of the date on which they are notified that they are eligible to receive a Prize following a Game. (If for example a Participant does not kick the ball in the original Game or a Game does not take place for any reason, the Prize that might have otherwise (i.e. the Major Prize) been awarded will NOT be included in the unclaimed Prize draw and no Prize will simply be given away in such a case).
- Immediately following the Three Quarter Time Siren at the eligble match (as per Clause 5), the Promoter’s and/or Kennards Hire Promotional Staff will set up the kicking station on the field.
- Three Kicking Stations will be set up directly in front and centre of the goal posts, in which a Cement Mixer (with a 40cm diameter) will be placed in preparation for the Participant’s attempt to kick a regulation AFL football into the Cement Mixer (the ‘Game’).
- Station 1 - 30m from the mouth of the Cement Mixer
- Station 2 – 10m from the mouth of the Cement Mixer
- Station 3 – 2m from the mouth of the Cement Mixer
- If for whatever reason the lines are not marked on the field it is required that the Promoter’s and/or Kennards promotional staff measure and record their measurement in one continuous, unbroken video recorded (clearly showing the distance measured)
- During the Three-Quarter Time Break (at the Eligible Match, as listed in Clause 5), the Participant will be invited on the field.
- The Participant will be placed at the 30m line and will be instructed to take their kick from the Kicking Station (as per Clause 15).
- The Participant will have only 1 x attempt from each kicking station(s), and can choose to take the kick from a tee, on the ground or from their hands and/or pass. Any further attempts will be disqualified
1. If a Participant completes a Successful Kick, landing the regulation AFL Football into the mouth of the Cement Mixer they will win the following prizes based on the station at which they kicked from;
Station 1 - $25,000
Station 2 - $5,000
Station 3 - $500
2. If the Participant is not successful at any Kicking Station, they will win a consolation prize of $500.
3. Participants’ performance in the ‘Game’ will be reviewed by an independent scrutineer (post completion of each of the respective games), and the Prize only awarded when/if there is no reasonable doubt their kick in the Game amounts to a Successful Kick and it is in accordance with these Terms.
4. The Prize will be delivered via EFT or Cheque direct to the Prize Winner within 20 business days of the Eligible Match at which they won
5. There is one (1) Eligible Match in Australia, therefore the total Maximum Prize Pool is up to $30,500 (AUD).
18. Qualifying a Successful Kick:
1. A successful kick:
(a) Must be kicked or passed by the Participant from the Kicking Station(s) (as outlined in Clause 15) and not moved closer or further from the goal and/or Cement Mixer or tampered with in any way before the kick/pass is made;
(b) Does not allow the Participant to have any practice kicks and/or passes and the Participant may not touch any of the balls before instructed; and
(c) The ball must travel from the Participant’s foot or hands and enter the Cement Mixer without hitting the floor or any other object prior (i.e. Must be Direct into the mouth of the Cement Mixer).
2. Subject to clause 15 above, if the Promoter (and its Third-Party Providers) believe that the Participant has made a Successful kick, it will be deemed a Successful Kick (on the proviso the Promoter has supplied unequivocal evidence).
19. The Footage:
- A minimum of 2 x Go-Pros and/or hand-held iPhones will be set up to take footage of the kick attempted, or preferably live coverage from Channel 7/Fox Sports and this will be supplied by the Promoter to an independent scrutineer, before the Prize will be finally awarded. The footage must show unequivocal evidence that the Successful Kick was achieved before the $25k and/or $5k cash prize will be awarded.
21. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
22. The Promoter reserves the right, at anytime during, or after the closing date of the promotion, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
23. Incomplete, indecipherable or illegible entries will be deemed invalid.
24. No responsibility accepted for late, lost or misdirected entries. Incomplete or indecipherable entries will be deemed invalid. All entries are deemed to be received at the time of receipt to the Promoter and NOT time of transmission by the entrant.
25. Entrants must ensure that all care is taken when sending SMS messages for this promotion. It is the SMS entrant’s responsibility to ensure that they SMS the correct number. The Promoter will not be liable for costs incurred, responses received or any other consequences of user error.
26. The Promoter reserves the right to request winners to provide proof of age, identity and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
27. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
28. The use of any automated entry software or any other mechanism or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
29. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions of Entry or if the number of entries received is less than the number of prizes available, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the applicable unclaimed prize draw.
30. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
31. Entrants, and their parents/legal guardians (if under the age of 18), consent to the Promoter and their partners, using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
32. As a condition of participating in a Game, and/or accepting the Prize, each Prize Winner may be required to sign any 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.
33. Entrants are warned that there is a possibility of an accident causing injury through their participation in a Game. Any participation in a Game is undertaken at the Participant’s own risk.
34. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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:
- any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
- any theft, unauthorised access or third party interference;
- 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;
- any variation in Prize value to that stated in these Terms;
- if an Eligible Match or Game event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter;
- any tax liability incurred by a Prize Winner or entrant;
- use of and/or taking of a Prize; or
- the participation of a Participant in any Game.
37. Nothing in these Terms and Conditions of Entry 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) excludes 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 promotion.
38. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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 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 to that stated in these Terms and Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize and/or attendance at/participation in a prize event.
39. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
40. Authorised under NSW Permit LTPS/19/33709