Giveaway Terms & Conditions
Updated: 21/11/2024
Giveaways are trade promotions, regulated by the Australian Consumer Law (ACL) and the Australian Competition and Consumer Commission (ACCC).
A trade promotion under Australian law is a promotional activity or contest that is conducted by a business to promote its goods or services, or to encourage the purchase of its goods or services. It can include activities such as prize draws, competitions, giveaways, and discounts.
These terms and conditions, along with information on how to enter and prizes, form the official rules of Bushpop giveaways. Any entry that does not comply with these terms and conditions will be considered invalid. By participating in any giveaway (promotion), you are deemed to have accepted these terms and conditions.
Prize for each giveaway are stated on the Bushpop website, they will be sent by post to the nominated mailing address of the winner.
Giveaways are in no way sponsored, endorsed, affiliated or associated with Apple, Facebook, Instagram, Meta, Pinterest, TikTok, ByteDance or their affiliates, unless stated as such.
Giveaways are open to Australian residents only, and there is no limit on the number of entries per person. If entries are limited, it will be stated as such and there will be no limit to the number of entries per member.
Giveaways commencement time will be states on the Bushpop website, as will the time when entries are closed, or if and when the entry limit is reached, whichever comes first.
The winner(s) will be drawn at the specified time, and announced via this website and/or email.
To enter, follow instructions on the Bushpop website. Entries are deemed to be received at the time they are received by Bushpop’s database and not at the time of submission by the entrant.
Bushpop (the promoter) is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The promoter is not liable for any consequences of user error, including (without limitation) costs incurred.
Entrants who enter using multiple aliases may be disqualified. All entries remain the property of the promoter.
To participate in the giveaway and be considered an eligible entrant, you must:
- be 14 years of age or older;
- be an Australian resident;
- be a Bushpop member;
- and, satisfy the entry requirements stated in these promotional terms and conditions
To receive the prize, the winner must agree to participate in content creation with Bushpop.
This includes but is not limited to filming their receipt of the prize, selecting the prize, and answering questions about the prize or their entry process. By entering the giveaway, participants acknowledge and consent to this requirement as a condition of claiming the prize. Content created during this process is the intellectual property of Bushpop and may be used by Bushpop for promotional, marketing, or other purposes.
By accepting the prize, the winner agrees to participate in any publicity associated with this giveaway and to the use of their name and image in any promotional material. The prize winner will also need to provide a photo of themselves with the prize.
The prize winner will be notified by telephone and/or email using the contact information provided in his or her entry to the giveaway within 7 business days of the relevant draw. All reasonable steps will be taken by the promoter to notify the prize winner based on the details provided by entrants. Winners’ details will be published at bushpop.com.au
The prize winner must claim the prize within two (2) weeks of the relevant prize draw by verbal or written acceptance. If, after making reasonable efforts, the promoter cannot contact the winner or the winner has not claimed the prize within two (2) weeks, the winner will be deemed to have forfeited any entitlement to the prize, and the prize will not be awarded.
A winner will not be eligible to win more than one prize from a single draw. If the promoter reasonably suspects that a winner:
- is not an eligible participant
- has breached these terms and conditions
- has acted improperly to increase their chances of winning a prize
- the Promoter reserves the right to refuse to award the Prize to that Winner.
By participating in a giveaway, the entrant agrees to be bound by these terms and conditions, any unique terms of the contest they are entered in and the terms of the website. If the promoter determines, in its sole discretion, that an entry or the entry process for any entrant has been tampered with or otherwise does not comply with these terms and conditions, the promoter reserves the right to disqualify that entry. Any attempt to damage the competition website or undermine the legitimate operation of the competition may be a violation of criminal and civil laws, and the promoter reserves the right to seek damages to the fullest extent permitted by law. If the promoter incurs any costs or losses in connection with any breach of these terms and conditions or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those costs and losses.
Entrants can only enter a giveaway in their own name. Entrants who provide incorrect, misleading, or fraudulent information will be ineligible to participate in the giveaway and all entries from that entrant may, at the discretion of the promoter, be deemed invalid. The promoter reserves the right to request that the entrant provide appropriate photo identification or other documentation, to the promoter’s satisfaction, in order to confirm the entrant’s identity, age, eligibility to enter and claim a prize, and any information submitted by the entrant in entering the giveaway. If the required documentation is not received by the promoter, or if an entrant’s entry has not been verified or validated to the promoter’s satisfaction, all entries from that entrant will be ineligible and deemed invalid.
If a giveaway is not able to be run as planned for reasons beyond the reasonable control of the promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus or telecommunications interference, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the giveaway, the promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the giveaway and/or provide an alternative prize or prizes of equal or greater value as the original prize or prizes, subject to any written directions made under applicable state or territory legislation.
Our goods come with guarantees that are protected under the Australian Consumer Law. You are entitled to a replacement or refund for any major failure and compensation for any other reasonably foreseeable loss or damage. Prizes are non-transferable and can only be exchanged if there is a legitimate fault with the prize. If for any reason the specified prize is unavailable, the promoter reserves the right to award a prize of equal or greater value.
Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. To the extent permitted by law, the promoter excludes all guarantees, warranties, conditions or other terms that apply under or are implied by statute, common law or trade custom or usage.
In the event that the promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Australian Consumer Law or is implied by any other commonwealth, state or territory law that cannot be excluded, the promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
To the extent permitted by law, neither the promoter nor any of its related companies or associated agencies accepts any liability to the prize winner(s) or anyone else for any injury, damages, expenses or loss whatsoever (including without limitation loss of profit, revenue or business and indirect, consequential, special or incidental loss or damage), sustained in the course of accepting or using a prize.
The promoter collects personal information about an entrant to include the entrant in the giveaway and, where appropriate, award prizes. If the personal information requested is not provided, the entrant cannot participate in the giveaway and is deemed ineligible. By entering the giveaway and ‘opting in’, entrants agree that the promoter may, in the event the entrant is a winner, publish or cause to be published the entrant winner’s name and locality in any media, as required under the applicable State or Territory legislation.
By participating in a giveaway, the prize winner agrees to allow the promoter to use their name, image, likeness, location, and photograph(s) for publicity and promotional purposes without further notification or compensation. The winner also agrees that the promoter will own the copyright to any such images and photograph(s) and all material incorporating them. By entering the giveaway, participants also give the promoter permission to publish their photograph, name, and state on the promoter’s website, in print and digital magazines, on Bushpop’s social media accounts, and in any other media worldwide, without any compensation being paid to the participant. All entries become the property of the promoter and will not be returned.
If participants are required to upload a photograph to enter, they must adhere to the following conditions:
- By submitting a photograph, participants agree to it being made available for public viewing.
- Any person depicted in a photograph must be decently dressed and presented.
- All photographs are subject to the approval of the promoter and the promoter reserves the right to vet all entries at any time and remove any entries from any platform or website at any time, at its discretion. However, the promoter is not responsible for any photographs uploaded to any platform or website, and visitors to the site view it at their own risk.
- Participants must own the copyright in the photograph uploaded.
- Participants must have the permission of each other person featured in the photograph, or, if any other person is under the age of 18, the permission of their parent or legal guardian, to enter the photograph in accordance with these terms and conditions, including consent to each condition in these terms and conditions.
- Participants must notify each other person featured in the photograph, or, if any other person is under the age of 18, that person’s parent or legal guardian, of the Promoter’s privacy policy (available at https://bushpop.com.au/privacy-policy) and each person or parent or legal guardian (as the case may be) has agreed to that privacy policy.
The promoter may use any personal information provided by an entrant for the purpose of running the giveaway, to inform the entrant of their prize, and in advertisements, publications, media statements, and other promotional materials associated with the promotion. The promoter may disclose this information to its related bodies corporate and service providers who perform functions or services on behalf of the promoter. The promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the promoter’s privacy policy can be viewed here. The promoter’s privacy policy contains information on how the promoter collects, holds, secures, uses, and shares personal information, how to access or correct personal information held about you, and how to file a complaint about a breach of privacy. If you have an enquiry about privacy, you can contact the promoter here.
The promoter is not liable for any tax implications arising from prize winnings and independent legal and financial advice should be sought. The promoter reserves the right to amend these terms and conditions and to change, amend or terminate the giveaway at any time without notice.
These terms and conditions are governed by the laws of Queensland, Australia.