HAPPY HOUR WITH LUCY & NIKKI JULY CHALLENGE TERMS & CONDITIONS
CONTEST, COMPETITION & GIVE AWAY
TERMS AND CONDITIONS
Happy Hour with Lucy & Nikki (Podcast) is owned and operated by The Mangan Group of Companies Pty Ltd trading as The Spin Studio Network (Promoter, we, us, our). The Promoter is running a prize competition related to your engagement with our Podcast and specific instructions, including the engagement with our social media, being a competition of chance (Competition).
Your entry and participation in the Competition is conditional upon your agreement to, acceptance of and compliance with the Terms and Conditions set out below (Terms and Conditions). Your submission of an entry into the Competition constitutes your agreement with these Terms and Conditions.
1. Introduction
a) These Terms and Conditions apply to all competitions, prize draws, promotions, giveaways, and suchlike that are promoted on and run through our Podcast, website or social media channels.
b) To enter a competition, you must enter as directed on our Podcast, website or social media channels.
c) Our competitions are free to enter (no purchase required unless otherwise stated).
d) Any information you provide to us will be subject to our Privacy Policy (see below).
2. Entry Methods and Restrictions
a) The Competition is open to participants 18 years and older, unless otherwise agreed (Participants).
b) To enter the Competition, Participants must follow the instructions delivered via the Podcast, our social media channels or website and may be required to submit their personal details including name, phone number, email address and name to us during the Competition Period (Entry). All Entries are subject to clause 3 of these Terms and Conditions.
c) The Promoter reserves the right, at any time, to verify the validity of an Entry and Participants (including a Participant’s identity, age and place of residence) and to disqualify any Participant who submits an Entry that is not in accordance with these Terms and Conditions. Errors and omissions will 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
d) An Entry must be received by the Promoter during the Competition Period. An automated and/or computer-generated Entry will not be accepted.
e) An Entry is deemed to be received at the time of receipt of Entry in the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by a Participant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to Participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Competition. The Promoter has no obligation to acknowledge or return the Entry.
f) Employees (and their immediate families) of the Promoter, its related entities, are ineligible to enter. 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 1st cousin.
g) Entry is only open to residents of the Australian states and territories of the Australian Capital Territory, New South Wales, Northern Territory, Queensland, Victoria, South Australia, Western Australia and Tasmania, who comply with these Terms and Conditions.
3. Competition Period
a) The Competition commences on 3 July 2022 (Commencement Date) and closes on 30 July 2022 (End Date). The period between the Commencement Date and End Date is the Competition Period.
b) For each day during the Competition Period, a new daily Competition will be organised by us pursuant to the instructions provided by us on the Podcast, our website or social media channels (Daily Competition). The Daily Competitions will commence when they are announced on the Podcast and will expire at midnight (AEST) on the day after they are announced.
c) To enter the Daily Competitions, Participants must follow the Entry instructions as set out in these Terms and Conditions and comply with all these Terms and Conditions during the Competition Period.
d) An Entry received before the announcement of the Daily Competition, or after midnight (AEST) on the day after a Daily Competition is announced on the Podcast, will be invalid.
4. Draw
a) Each valid Entry will be entered into an electronic drawing system from which the winner for each Daily Competition will be drawn at random (Winner).
b) There will be a different prize for each Daily Competition as announced on the Podcast (Prize).
c) The Winner(s) of each Daily Competition will be drawn at 9am on each day of the Competition Period (Draw Date).
d) The Winner(s) will be notified via direct message on Instagram within 7 days of the Draw Date (Notification Date) The Winner(s) will have 28 days from the Notification Date to accept their Prize (Prize Claim Period).
e) Participants who are not the Winner will not receive any notification at all. The Promoter will contact the Winner in accordance with clause 5(d) above to arrange for delivery of the Prize.
f) If the Prize is unavailable for any reason, the Promoter, in its discretion, reserves the right to substitute the Prize with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.
5. Terms and Conditions of the Prize
a) The Prize must be claimed by the Winner before the end of the Prize Claim Period.
b) The Prize must be taken as stated and no compensation will be payable if the Winner is unable to use the Prize as stated. The Prize is not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be redeemed for cash.
c) The Promoter reserves the right to request the Winner to provide proof of identity, proof of residency and/or proof of Entry validity in order to claim the Prize. Proof of identity, residency and/or Entry validity considered suitable for verification is at the Promoter’s discretion. In the event that a Winner/s cannot provide suitable proof, the Prize will be forfeited by that Winner in whole and no substitute will be offered.
d) The Promoter reserves the right to redraw in the event of any Participant being unable to satisfy these Terms and Conditions or forfeiting or not claiming the Prize by the Prize Claim Date and Time. If the Prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct a further draw, as required, at the same time and place as the original draw on the day after the Prize Claim Period ends (Subsequent Draw Date). The alternate winner shall be notified in within 7 days of the Subsequent Draw Date. The alternate winner will have 28 days from the date they were notified to claim the Prize. If the Prize is not claimed by the alternate winner within 28 days of the date they were notified, the Prize will be forfeited and another alternate winner shall be drawn in accordance with these Terms and Conditions.
6. Promotion
a) The Promoter may request the Winner to participate in promotional activities associated with the Prize such as public appearances, photo opportunities or media interviews.
b) The Promoter acknowledges and agrees that the Winner is not obligated to participate in promotional activities as outlined in clause 7(a).
c) If the Winner agrees to participate in promotional activities associated with the Prize, the Winner agrees to the Promoter using the Winner’s likeness and image for any purpose related to the Prize and Competition.
7. Privacy
a) The Promoter needs to collect the personal information required to be submitted with your Entry so it can enter you in the Competition. The Promoter may use personal information about you for related purposes including sending you information (including electronically) about its products, events, news and further competitions. Subject to the Promoter’s Privacy Policy, the Promoter may disclose personal information to other organisations that assist it to promote its events and artists. If you wish to access the personal information the Promoter holds about you or do not wish to have this information disclosed, please contact the Promoter or refer to the Promoter’s Privacy Policy.
8. General Terms and Conditions
a) These Terms and Conditions govern the Competition. All other information provided prior to entering the Competition, including any instructions on how to enter the Competition, form part of these Terms and Conditions. Submission of entry in this Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid.
b) If this Competition 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:
i. to disqualify any Participant; or
ii. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
c) Any cost associated with accessing the Podcast is the Participant’s responsibility and is dependent on the internet service provider used. The use of any automated software or any other mechanical or electronic means that allows a Participant to automatically enter or register for the Competition repeatedly is prohibited and will render all entries submitted by that Participant invalid.
9. Disclaimers and Limitation of Liability
a) Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, associated entities 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 Competition, including, but not limited to, where arising out of the following:
i. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
ii. any theft, unauthorised access or third-party interference;
iii. any claim or offer 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;
iv. any variation in gift value to that stated in these Terms and Conditions;
v. any tax liability incurred by a Participant; or
vi. use of the Prize.
b) The Promoter and its associated entities shall not be liable in any way if the performance of obligations hereunder is delayed or becomes impossible by reason of any act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.
c) The Promoter is not responsible for:
i. any malfunction, delay or traffic congestion on any telephone network or line, computer on-line system, servers or providers, computer equipment, software, or website;
ii. any failure of an Entry to be received by the Promoter;
iii. any injury or damage to Participants or any other person related to or resulting from participation in the Competition or downloading any materials in a Competition; or
iv. the operation, quality, or fitness for purpose of the Prize.
10. Governing Law
a) These Terms and Conditions shall be governed by the laws of Queensland in Australia and you irrevocably submit to the jurisdiction of the courts of that State.
b) If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the Terms and Conditions which shall continue to have full force and effect.
c) Our waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to these Terms and Conditions in respect of any other or further breaches by you of these Terms and Conditions.
HAPPY HOUR WITH LUCY & NIKKI JULY CHALLENGE PRIVACY POLICY
Happy Hour with Lucy & Nikki (Podcast) is owned and operated by The Mangan Group of Companies Pty Ltd trading as The Spin Studio Network (Promoter, we, us, our) is committed to privacy protection. We understand the importance of keeping personal information private and secure. This privacy policy ("Privacy Policy") describes generally how we manage personal information and safeguard privacy. If you would like more information, please don't hesitate to contact us.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
What is "personal information"?
Personal information held by the Company may include your:
· name and date of birth;
· residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
· bank account and/or credit card details for agreed billing purposes;
· your computer and connection information; and
· any information that you otherwise share with us.
How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as a leading podcast provider.
Information that you provide to us
We may collect personal information that you provide to us about yourself when you:
· use this site, including (without limitation) when you:
- purchase any services through this site;
- enter into any competitions on our site or podcast;
- add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;
- register for access to premium content or request certain premium features; or
- complete an online contact form to contact us or any third party supplier;
· provide information to us by telephone or through marketing or competition application forms; or
· send us an email or other communication.
IP addresses
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
Cookies
This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
Why we use cookies
This site uses cookies in order to:
· remember your preferences for using this site;
· facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
· show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
· remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
In some cases, third parties may place cookies through this site. For example:
· Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
· Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
· third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.
How we may use your personal information
Your personal information may be used in order to:
· verify your identity;
· assist you to place orders through this site;
· process any purchases of services that you may make through this site, including charging, billing and collecting debts;
· respond to any queries or feedback that you may have;
· conduct appropriate checks for credit-worthiness and for fraud;
· prevent and detect any misuse of, or fraudulent activities involving, this site;
· conduct research and development in respect of our services;
· gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or
· maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.
From time to time we may email our customers with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When we may disclose your personal information
In order to deliver the services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
· customer enquiries;
· mailing systems;
· billing and debt-recovery functions;
· information technology services;
· marketing, telemarketing and sales services;
· market research; and
· website usage analysis.
In addition, we may disclose your personal information to:
· your authorised representatives or legal advisers (when requested by you to do so);
· credit-reporting and fraud-checking agencies;
· credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
· our professional advisers, including our accountants, auditors and lawyers;
· government and regulatory authorities and other organisations, as required or authorised by law;
· organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
· the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to hq@spinandco.com or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
· be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
· have an unreasonable impact on another person’s privacy; or
· prejudice an investigation of unlawful activity.
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
Third party websites
You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.
Re-marketing
We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
Changes to this Privacy Policy
From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.
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If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).