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Playstation 5 Giveaway: Terms & Conditions

Playstation 5 Giveaway: Terms & Conditions

Terms and Conditions

 “Culture Kings Playstation 5 Giveaway” 

  1. These terms and conditions shall apply to the promotion known as the “Culture Kings Playstation 5 Giveaway” (Promotion) promoted by TF Apparel Pty Ltd ABN 27 140 259 918 of 39 Kerry Road, Archerfield, Queensland, Australia 4217, Ph: 1300 254 647 (Promoter). 
  2. In this document, “Participant” means any person who submits a valid entry form in accordance with these terms and conditions. 
  3. Promotion Period 
  1. Prizes

4.1 The prize pool for the Promotion shall comprise of One (1) Prize. 

4.2 The prize shall comprise of a brand new Playstation 5, which has been customised with Culture Kings branded vinyl wrapping, valued at $750.00 (Prize). 

4.3 Neither the whole or any part of the Prize is exchangeable, transferable or redeemable for cash or any other prize. 

4.4 If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. 

4.5 Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. 

  1. Eligibility and How to Enter

5.1 Entry is open to all residents of Queensland, New South Wales, Victoria, Tasmania, Western Australia, Auckland. 

5.2 The Promoter will grant one Unique Entry to each person who does any of the following: (a) Makes a purchase in any of the Promoter’s stores in Australia or New Zealand during the promotional period; (b) Scan QR code in store and (c) Follow prompts to enter the following information about the Participant: (a) Their name; (b) Their email address; and (c) Their mobile phone number

5.3 The cost of accessing the promotional website will be dependent on the Participant’s individual Internet Service Provider. 

5.4 Each Participant who submits a correctly completed entry form to the Promoter in accordance with clause 5.2 above shall be granted one entry in the Promotion (Entry) for each entry form submitted. 

5.5 Any entry form which is incomplete, or has been submitted on behalf of a Participant by a third party, shall be invalid and void. 

5.6 Should a Participant’s contact details change during the Promotional Period, it is the Participant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 

5.7 The Promoter reserves the right to request winners to provide proof of identity. Proof of identification and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide proof that is satisfactory to the Promoter within a reasonable time, that winner will forfeit the prize in whole and no substitute will be offered. 

5.8 The Promoter reserves the right to verify the validity of entries and to disqualify: (a) any entry which, in the opinion of the Promoter includes: (i) objectionable content; (ii) profanity; or (iii) potentially insulting, inflammatory or defamatory statements; (b) any Participant who: (i) tampers with the entry process; (ii) submits an entry that is not in accordance with these Terms & Conditions of Entry; or (iii) has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter; if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. 

5.9 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 

  1. Selection of Winning Entries 

6.1 The Promoter will conduct one draw per store to determine the winner of the Prize.

6.2 The Draw will occur on 26 November 2021 at the Promoter’s store premises located at 181 Elizabeth ST, Brisbane City QLD 4000 (Brisbane Premises), Shop 2718b level/1 Hooker Blvd, Broadbeach QLD 4218 (Pacific Fair Premises), Shop B178/1341 Dandenong Rd, Chadstone VIC 3148 (Chadstone Premises), 19-25 Russell St, Melbourne VIC 3000 (Melbourne Premises), 664 Hay St, Perth WA 6000 (Perth Premises), 197 Church St, Parramatta NSW 2150 (Parramatta), 420 George St, Sydney NSW 2000 (Sydney Premises), N210/286 Mount Wellington Highway, Mount Wellington, Auckland 1060, New Zealand (Auckland Premises) where the Promoter will draw 1  Entry using computerised random selection from all of the Entries submitted during the Promotional Period in accordance with these terms and conditions. (a) Each Entry shall have an equal chance of being selected in the draw. (b) All Entries that are not selected in the First Round Draw shall be eliminated.

  1. Notification of Winners 

7.1 The Promoter shall notify each First Round Winner by: (a) email on the date of the Draw; and (b) by text on the date of the Draw. 

7.2 Each Winner must respond to the Promoter’s notification to confirm their details and provide any evidence requested by the Promoter by 17:00 AEST 29 November 2021 to claim their Prize. No Participant shall have any entitlement to any Prize until such time as they have complied with the requirements of this clause. Any Prize that is not claimed by 17:00 AEST 29 November 2021 and otherwise in accordance with this clause shall be unclaimed and will be subject to a re-draw. 

  1. Provision of prize 

8.1 The Winners shall collect the Prize from the Promoters store at which they entered and won. 8.2 If any Winner does not claim their Prize within 6 days of the date of the Draw, that Winner shall forfeit their entitlement to the Prize and the Promoter shall conduct a re-draw of the Draw on 3 December 2021 at the Promoter’s Brisbane Premises (Minor Re-Draw), where: (a) The Entry of any Winner that failed to claim the Prize shall be ineligible to win the Re-Draw; (b) The Promoter shall draw one entry form for each Prize that is not claimed; (c) The Participant who submitted an Entry selected in the Re-Draw shall become the winner of the Prize that was not claimed (Minor Re-Draw Winner); and (d) The Minor Re-Draw shall be otherwise conducted using the same entries and same methodology as the First Round Draw. 

8.3 The Promoter shall provide the Winner with the Prize by giving the Winner possession of the Prize at the conclusion of the Draw, subject to the Winner completing all necessary forms and documents to transfer the registration of the Prize into the name of the Winner. 

8.4 Title to and risk for the Prize passes to the Winner when they take possession of the Prize from the Promoter, notwithstanding that registration of the Prize may not be transferred to the Winner until a later point in time, and the Winner shall have no claims against the Promoter for any damage or loss to the Prize arising after that time. 

  1. Advertising and Promotion 

9.1 The Promotion will be advertised through: (a) the Promoter’s social media accounts located at: (i) https://www.facebook.com/culturekings.com.au; (ii) https://twitter.com/culturekings; (iii) https://www.pinterest.com.au/culturek/; (iv) https://www.youtube.com/channel/UCYMxJa_lcVtxF52GxBi80Zw; (v) https://vm.tiktok.com/PWgKJu; and (vi) www.instagram.com/culturekings

9.2 By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize. 9.3 In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. 


10.1 The Promoter and each Participant expressly covenants and agrees that it will not commence any arbitration or court proceedings (except proceedings seeking interlocutory relief) in relation to any right, obligation or breach arising from these terms and conditions, or any other disagreement with any other party in relation to the Promotion, unless it has complied with this clause 10. 

10.2 A dispute relating to or arising out of this Agreement (“Dispute”) exists when a Party gives written notice (“Dispute Notice”) to the other Parties that there is a Dispute, setting out in detail the matter which is the subject of the Dispute. 

10.3 When a dispute exists: (a) each Party (or their officers or nominees) will meet to discuss a resolution of the Dispute. If these persons resolve the Dispute, then the resolution will be set out in a statement signed by each Party; and (b) if there is no resolution of the Dispute within 20 Business Days or such longer period as agreed in writing by the Parties after the Dispute Notice has been given to all Parties (“Notice Date”) then the Dispute must be referred to mediation in accordance with, and subject to, The Resolution Institute Mediation Rules. Such mediation is to be conducted by a mediator who is independent of the Parties and appointed by agreement of the Parties or, failing agreement within 7 days of Notice Date, by a person appointed by the Chair of Resolution Institute, or the Chair’s designated representative. 

10.4 All mediation proceedings are to be held online via Zoom calls or using similar video conferencing facilities unless otherwise agreed by the Parties. 

10.5 If there is no resolution of the Dispute within 30 Business Days of the Notice Date, then any party may commence legal proceedings in any court or tribunal in respect of any matter that is the subject of a dispute. 

10.6 The costs of dispute resolution will be as follows: (a) the costs and disbursements of the mediator will be paid equally by the Parties; and (b) each Party will pay its own costs and disbursements in respect of any procedure referred to in clause 10.3. 

10.7 Notwithstanding the foregoing provisions of this clause 10, pending the resolution of any Dispute, the Parties must continue to perform their respective obligations under this Agreement without delay except for where: (a) a Party has acted reasonably and bona fide in relation to the Dispute (including without limitation in respect to its subject matter and the circumstances giving rise to it); and (b) that Party’s obligations relate to the subject matter of the Dispute, or matters necessarily dependent on the subject matter of the Dispute, and those obligations cannot be performed until the Dispute has been determined. 

  1. Privacy and Personal Information

11.1 The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy Policy located at https://www.culturekings.com.au/pages/privacy-policy which adheres to the Privacy Act 1988 (Cth) and Australian Privacy Principles. 

11.2 Participants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding the prize, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity and research purposes, including sending electronic messages or telephoning the Participant. If Participants no longer consent to their details being used for future marketing purposes, the Participant should contact the Promoter. Any request to update, modify or delete the Participant’s details should be directed to the Promoter. 

11.3 Participants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter. 

  1. Miscellaneous 

12.1 If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation. 

12.2 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, pandemic or any directly related government regulations (including but not limited to COVID-19), the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation. 

12.3 The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. 

12.4 The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. 

12.5 The Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the result of the Promotion.

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