Competition Terms and Conditions

Rolex Daytona “PANDA”

Competition Schedule PART A

1. 1. Promoter: Billion Ballers Pty Ltd (ACN 658 712 835, ABN 78 843 523 354) (Promoter).
   2. Entry Requirements: Entrants must be at least 18 years of age. International entrants residing outside Australia are permitted to enter the Competition; however, they are solely responsible for ensuring their compliance with the laws and regulations of their applicable country and jurisdiction. It is important to clarify that the Promoter shall not be held liable or responsible for any consequences arising from a breach of international laws by the entrant because of their participation in this Competition and must purchase a membership package to access discounts on partners and other benefits via the Promotor’s website at billionballers.com (Website) to receive the number of entries specified on the Website. Residents in South Australia and ACT are not permitted to enter.
   3. Number of winners: There will be a maximum number of 1 winner. Maximum of 550 membership packages available for this promotion.
   4. Territories: International – Australia-wide, excluding ACT & South Australia.
   5. Promotion Period: The competition commences at 12:00 am AEDT, Tuesday 19th of November 2024, and ends at 7:00pm AEDT on Saturday 28th December 2024.
   6. Prizes: 1 x Rolex Daytona “Panda” watch with an estimated market value of $33,000. For the purposes of this Competition, the total prize pool is estimated to be no more than $33,000.
   7. Prize date and selection of winners: All entries will be allocated a number/s and then the winning number will be drawn by a random number generator (via Randomdraws) at the Head Office at 11 Meaden St, Southbank, VIC, 3006 and OR via Instagram LIVE at 7:30pm AEDT on Saturday 28^th December 2024 or 48hours after all 550 memberships are sold.
   8. Publication of winners: Winners will be personally notified by email within 2 days of the draw. Winners will also be announced online on the Promotor’s Website and social media platforms, on the dates drawn. Prizes will be delivered to the Winners by or post to their nominated address upon confirmation of the Winner’s eligibility and details.
   9. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain correct and accurate information. Must be an active club member with an active membership. Employees of Promoter and direct family members of employees of Promoter are not eligible to win.

 

PART B

1. 1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and Promoter governing this Competition.

Participation

11. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirments.
12. Entry is open to residents of the Territories & Countries.
13. The Competition will be open during the Promotion Period. All eligible entries must be received by Promoter during this time. Entries are deemed to be received at the time of receipt by Promoter and not at the time of transmission by the Entrant.

Selection of Winner

14. The Winner will be selected by random draw at the Promoter’s Head Office, on the dates and will be ineligible to win.
15. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
16. As a condition of entry, each Entrant agrees that Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph) in any marketing and the winner will not be entitled to any fee for such use.
17. If for any reason, a prize or element of a prize is unclaimed by the Winner within 3 months of the drawing date despite reasonable steps by Promoter to contact the Winner, the prize will be re-drawn at 7:00pm AEST the following Friday, in the same manner and at the same place as paragraph 5 or in accordance with requirements of the NSW Office of Gaming, Liquor and Racing.

Personal information

18. As a condition of entering this Competition, Entrants agree to provide personal information to Promoter and expressly consent to the use of its personal information for the purposes set out in these terms and conditions. Personal information collected during the course of this Competition will be used for the following purposes:

1. 1. 1. managing and operating the Competition;
      2. providing information and contacting the Entrant in relation to the Competition and the Promoter’s services and membership;
      3. providing or offering the Entrant with the Promoter’s services, including access to its membership with the Promoter;
      4. marketing, offers and promotional purposes, including to keep the Entrant informed about the Promoters products and services and other products and services that it may consider may be of interest to the Entrant;
      5. to comply with relevant laws, regulations and government or authority guidelines or instructions where applicable;

19. Personal information submitted may also be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers.
20. As a condition of entry, each Entrant agrees that Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.

Intellectual property

21. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
22. The Entrant warrants and represents that:

1. 1. it holds all the intellectual property rights to the Entrant Content;

1. 1. it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and

1. 1. the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.

26. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.

Reservation of rights

 

27. Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
28. Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition.
29. Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:

1. 1. 1. breached any of these terms and conditions;
      2. tampered with the entry process or the Competition;
      3. engaged in any unlawful conduct; or
      4. engaged in any other improper misconduct calculated to jeopardize the fair and proper conduct of the Competition or the reputation of the Promoter.

Instagram terms

 

30. The Competition is in no way sponsored, endorsed or administered by, or associated with com and its related mobile application, both being owned by Instagram, Inc. (Instagram).
31. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising out of or in connection with the Competition.
32. The Entrant must not:

1. 1. 1. harass or bully any other person, use offensive language, use language that defames Promoter, or use language that negatively impacts or intends to negatively impact the reputation of Promoter;
      2. use electronic programs, bots or similar technology to automatically submit entries;
      3. use multiple Instagram accounts to enter the Competition; or
      4. tag other accounts owned or controlled by the Entrant to enter the Competition and agrees that it will only tag genuine friends or family in their entry,

and Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition.

Exclusion of liability

 

33. Promoter accepts no liability for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, Promoter will not accept any liability for any error, omission or failure to administer this competition.
34. Except for any liability that cannot be excluded by law all Entrants release from, and indemnify Promoter (including its officers, employees, agents and contractors), against, all liability (including negligence), cost, loss or expense arising out of acceptance of any prize(s) or participation in the Competition including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

 

35. Except for any liability that cannot be excluded by law, Promoter (including its officers, employees, agents and contractors) 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:

1. 1. 1. inaccurate or incorrect transcription of entry information;
      2. any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control);
      3. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
      4. any theft, unauthorised access or third party interference;
      5. electronic or human error which may occur in the administration of the Competition;
      6. any variation in prize value as stated in the Schedule;
      7. any tax liability incurred by a Winner or Entrant;
      8. redemption or use of a prize; or
      9. any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner.

General

 

36. These terms and conditions are governed by and will be construed under the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria and its appellate courts.
37. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
38. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.
39. Nothing in this Competition constitutes a sponsorship, approval or endorsement by the Promoter of the content, policies, practices or services offered by any brands of the The Entrant acknowledges that the Promoter is not affiliated with any third party brands including any brands of any prizes.
40. Authorized under the following licence numbers:

NSW Authority Number TP/03530