Berocca Baskets Terms and Conditions

BEROCCA BASKETS
TERMS AND CONDITIONS
 
1.     Information on how to enter, and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. The Promoter is National Basketball League (ABN 65 164 187 937) of Level 6,10 Queens Road, Melbourne VIC 3004 (Promoter) and the Promoter has the consent of:
a)     CW Media Pty Ltd ACN 606 548 298 (Chemist Warehouse) of 44-54 Raglan Street, Preston VIC 3072;
b)     Bayer Australia Ltd ABN 22 000 138 714 (Berocca) of 875 Pacific Highway, Pymble NSW 2073;
c)     Adelaide Basketball Pty Ltd (ABN 71 605 955 431) of 118 Port Rd, Hindmarsh, SA, 5007 (Adelaide 36ers);
d)     Brisbane Bullets Basketball Club Pty Ltd (ABN 66 608 193 497) of 4/50 Borthwick Avenue, Murarrie, QLD, 4172 (Brisbane Bullets);
e)     Taipans Basketball Incorporated (ABN 51 582 744 348) of 127 Anderson St, Cairns, QLD, 4870 (Cairns Taipans);
f)      Illawarra Hawks Pty Ltd (ABN 43 605 085 354) of PO Box 7083 Gwynneville, NSW, 2500 (Illawarra Hawks);
g)     Tasmania Basketball Pty Ltd (ACN 642 087 849) of Tenancy 2 Lower Ground Floor, 199 Macquarie Street Hobart 7000 (JackJumpers);
h)     Melbourne United Basketball Club Pty Ltd (ABN 42 158 938 624) of MSCA, 30 Aughtie Drive, Albert Park, VIC, 3206 (Melbourne United);
i)       NZ Breakers Basketball Limited (ABN 85 018 988 011) of Level 3 Sentinel House, 586 Victoria Street, Hamilton, 3204, New Zealand (NZ Breakers);
j)       Wildcats 2000 Pty Ltd (ABN 84 088 866 139) of 201 Underwood Avenue, Floreat, WA 6014 (Wildcats);
k)     South East Melbourne Phoenix (ABN 59 646 069 941) of 5 Lakeview Drive, Scoresby, VIC, 3179 (SE Melbourne); and
l)       Kings Basketball Pty Ltd (ABN 42 142 783 962) of Heritage Building B, 1 Herb Elliot Ave, Sydney Olympic Park, NSW 2127 (Kings),
to promote their respective businesses, (the “Businesses”).
2.     If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the draw to win a prize (see below) (“Prize Draw” or the “Promotion”).
3.     Entries into the promotion open at 9:00am (AEDT) on Tuesday 1st March 2022 and close at 11:59pm (AEDT) on Thursday 31st March 2022 (Promotional Period).
 
Eligibility and Entry
4.     Entry to the Promotion is only open to individuals who:
a.     are permanent Australian Residents aged 18 years or older, excluding employees (and their Immediate Families) of the Promoter and agencies associated with this promotion including the Businesses (and their Immediate Families) (Eligible Person). All entrants must read and consent to these Terms and Conditions as a condition of entry into the promotion. For the purposes of these Terms & Conditions, “Australian Resident” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin; and
b.     during the Promotional Period, enter into the prize draw by purchasing any Berocca product from Chemist Warehouse either in store or online, visit https://win.nbl.com.au/berocca, and follow the prompts to the promotion entry page, input the requested details (including full name, email address, telephone number, post code and receipt number).
(collectively, “Entry Requirements”).
Eligible Applications
5.     One (1) entry per unique receipt number is permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirements above, that Eligible Person will be entered into the Prize Draw. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Prize Draw per Eligible Person.
6.     An additional entry can be earned by successfully referring a friend to enter the Promotion using the referral link. A successful referral applies when the person enters the competition via the referral link by entering the required details (including providing the unique receipt number of the person’s Chemist Warehouse Berocca purchase) and otherwise complies with these Terms and Conditions.
7.     The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
8.     Entries that are incomplete, illegible or indecipherable will not be valid and will be deemed void.
 
 
Prize Draw
9.     The total prize pool is valued at a maximum of AU$25,500 (inclusive of GST) (as at February 2022).
10.  There will be six (6) draws with one (1) winner selected per each state draw resulting in a total of six (6) winners for the promotion. For the purpose of the draws, Northern Territory will be grouped with QLD entries and ACT will be grouped with NSW entries. The first eligible winner drawn from each State draw will be deemed a winner.
11.  The first eligible winner from each draw, will each receive the following prize pack valued at $4,250:
                i.eight (8) NBL corporate seats (such seats to be selected by the NBL, in its sole discretion) to attend a 2022/23 NBL regular season game valued at $4,000 (inclusive of GST). The prize cannot be redeemed for cash and is not transferrable. If a winner is unable to accept the prize, there will be a redraw. The prize includes catering.
               ii.1 (one) NBL Spalding Basketball valued at $150 (to be selected by the NBL in its sole discretion);
              iii.1 (one) NBL 2022/23 regular season jersey valued at $100. Style to be selected by the NBL (in its sole discretion)
In the circumstance a winner resides in the ACT, tickets will be provided to a NSW based 2022/23 NBL regular season game. Travel expenses are not included and will be borne by the winner.
In the circumstance the winner resides in the Northern Territory (NT), the prize will include return economy flights to a capital city selected by the NBL in its sole discretion plus 1 night’s accommodation in a 4-star twin share for eight (8) people valued at up to AU$4000. All other travel expenses associated with redeeming the prize will be borne by the winner.  
12.  Eligible Persons are not required to be present at the draw to win a prize. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
13.  The draw will be conducted by Anisimoff Legal, an independent third party, located at Suite 5, Erina Plaza, 210 The Central Coast Highway, Erina NSW 2250 on Monday 4th April 2022 at 2:00pm (AEST). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The sharing of prizes is not permitted.
14.  The prizes are not exchangeable or transferable for cash and all travel expenses including and not limited to flights, accommodation, and other expenses to redeem the prize will be borne by the winners.
15.  If the winner is unable to attend the NBL game for any reason or resides in a State or Territory where the winner is unable to travel due to border closures, the winner must promptly advise the Promoter and will forfeit the prize. The prize will be awarded to a reserve entry (drawn in accordance with clause 12). This process will continue until the winner can attend the game.
16.  In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.  
17.  If the prize (or part of the prize) is unavailable for reasons outside the Promoter’s reasonable control, the Promoter, after having made reasonable attempts to reach agreement with the winner, but otherwise in its discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal or greater value and/or specification, subject to any written directions from a regulatory authority.
18.  Any costs associated with redeeming the prize is not included.
19.  The Promoter’s decision is final, and no correspondence will be entered into.  
20.  All prizes outlined in the table below will be distributed in accordance with these Terms and Conditions.
21.  The winners will be notified in writing via the contact details supplied by the Eligible Person when they enter the promotion on win.nbl.com.au/berocca. The winner will be notified within two (2) working days after the winners are drawn.
22.  If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all State and Territory regulatory authorities, the entry will be invalidated, and a further entry drawn at the same place as the original draw on 12 April 2022 in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied by the Eligible Person to the Promoter when subscribing to Promoter’s customer database at the Website) within two (2) working days of the draw and the winner’s name will be published on https://nbl.com.au/competitions and will be published in an Australian newspaper within 30 days of the draw. This will continue until a valid winning entry is drawn.
23.  The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct, calculated to jeopardise fair and proper conduct of the promotion. Failure by 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.  
24.  Prizes to attend a game are subject to ticket availability and the NBL may select the game(s) to which the prize relates.
25.  Should the 2022/23 season not proceed, the 2022/23 season is truncated or some or all of the NBL games for the 2022/23 season is not played in the winner’s home state, the NBL may, in their sole discretion, award the season passes for the 2023/24 season or, if the series is truncated or some or all of the NBL games for the 2022/23 season are not played, the NBL may in their sole discretion, award tickets to a select number of games for the 2023/24 season.
26.  Incomplete or indecipherable entries will be deemed invalid.  
27.  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.
 
General
28.  The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
29.  Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, and images (“Content”). The Promoter or the Businesses shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter and the Businesses for any breach of the above terms.  
30.  As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Businesses and the Promoter and Business’ affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.  
31.  Entrants consent to the Promoter and the Businesses using their 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 a reasonable period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or the Businesses in connection with the promotion.
32.  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.  
33.  Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.  
34.  Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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 and the Businesses (including their respective officers, employees and agents) exclude 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.  
35.  Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Businesses (including their respective officers, employees and agents) are 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;
e.     any tax liability incurred by a winner or entrant; or
f.       taking of the prize/attendance at the prize event.  
36.  The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to the Businesses and other third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and the Businesses will also use, and handle PI as set out in their respective Privacy Policies available at NBL, Chemist Warehouse, Berocca, Adelaide 36ers, Brisbane Bullets, Cairns Taipans, Hawks, JackJumpers, Melbourne United, NZ Breakers, Wildcats, SE Melbourne and Kings. In addition to any use that may be outlined in the Privacy Policies identified above, the Promoter and Businesses may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter and Businesses. Subject to all relevant laws, the Promoter or Businesses may disclose entrant's PI to any entity outside of Australia in accordance with their respective Privacy Policies.  
37.  The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.  
38.   NSW Permit No. TP/00187; ACT Permit No. TP 22/00217
 
 
BEROCCA BASKETS
SA TERMS AND CONDITIONS
 
1.     Information on how to enter, and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. The Promoter is National Basketball League (ABN 65 164 187 937) of Level 6,10 Queens Road, Melbourne VIC 3004 (Promoter) and the Promoter has the consent of:
a)     CW Media Pty Ltd ACN 606 548 298 (Chemist Warehouse) of 44-54 Raglan Street, Preston VIC 3072;
b)     Bayer Australia Ltd ABN 22 000 138 714 (Berocca) of 875 Pacific Highway, Pymble NSW 2073;
c)     Adelaide Basketball Pty Ltd (ABN 71 605 955 431) of 118 Port Rd, Hindmarsh, SA, 5007 (Adelaide 36ers);
d)     Brisbane Bullets Basketball Club Pty Ltd (ABN 66 608 193 497) of 4/50 Borthwick Avenue, Murarrie, QLD, 4172 (Brisbane Bullets);
e)     Taipans Basketball Incorporated (ABN 51 582 744 348) of 127 Anderson St, Cairns, QLD, 4870 (Cairns Taipans);
f)      Illawarra Hawks Pty Ltd (ABN 43 605 085 354) of PO Box 7083 Gwynneville, NSW, 2500 (Illawarra Hawks);
g)     Tasmania Basketball Pty Ltd (ACN 642 087 849) of Tenancy 2 Lower Ground Floor, 199 Macquarie Street Hobart 7000 (JackJumpers);
h)     Melbourne United Basketball Club Pty Ltd (ABN 42 158 938 624) of MSCA, 30 Aughtie Drive, Albert Park, VIC, 3206 (Melbourne United);
i)       NZ Breakers Basketball Limited (ABN 85 018 988 011) of Level 3 Sentinel House, 586 Victoria Street, Hamilton, 3204, New Zealand (NZ Breakers);
j)       Wildcats 2000 Pty Ltd (ABN 84 088 866 139) of 201 Underwood Avenue, Floreat, WA 6014 (Wildcats);
k)     South East Melbourne Phoenix (ABN 59 646 069 941) of 5 Lakeview Drive, Scoresby, VIC, 3179 (SE Melbourne); and
l)       Kings Basketball Pty Ltd (ABN 42 142 783 962) of Heritage Building B, 1 Herb Elliot Ave, Sydney Olympic Park, NSW 2127 (Kings),
to promote their respective businesses, (the “Businesses”).
2.     If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the draw to win a prize (see below) (“Prize Draw” or the “Promotion”).
3.     Entries into the promotion open at 9:00am (AEDT) on Tuesday 1st March 2022 and close at 11:59pm (AEDT) on Thursday 31st March 2022 (Promotional Period).
 
Eligibility and Entry
4.     Entry to the Promotion is only open to individuals who:
a.     are permanent South Australia Residents aged 18 years or older, excluding employees (and their Immediate Families) of the Promoter and agencies associated with this promotion including the Businesses (and their Immediate Families) (Eligible Person). All entrants must read and consent to these Terms and Conditions as a condition of entry into the promotion. For the purposes of these Terms & Conditions, “South Australia Resident” means a person who resides in South Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin; and
b.     during the Promotional Period, enter into the prize draw by purchasing any Berocca product from Chemist Warehouse either in store or online, visit https://win.nbl.com.au/berocca, and follow the prompts to the promotion entry page, input the requested details (including full name, email address, telephone number, post code and receipt number).
(collectively, “Entry Requirements”).
Eligible Applications
5.     One (1) entry per unique receipt number is permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirements above, that Eligible Person will be entered into the Prize Draw. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Prize Draw per Eligible Person.
6.     An additional entry can be earned by successfully referring a friend to enter the Promotion using the referral link. A successful referral applies when the person enters the competition via the referral link by entering the required details (including providing the unique receipt number of the person’s Chemist Warehouse Berocca purchase) and otherwise complies with these Terms and Conditions.
7.     The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
8.     Entries that are incomplete, illegible or indecipherable will not be valid and will be deemed void.
 
 
Prize Draw
9.     The total prize pool is valued at a maximum of AU$4,250 (inclusive of GST) (as at February 2022).
10.  There will be one (1) draw with one (1) winner selected from South Australia.
11.  The first eligible winner from the draw, will receive the following prize pack valued at $4,250:
                i.eight (8) NBL corporate seats (such seats to be selected by the NBL, in its sole discretion) to attend a 2022/23 NBL regular season game valued at $4,000 (inclusive of GST). The prize cannot be redeemed for cash and is not transferrable. If a winner is unable to accept the prize, there will be a redraw. The prize includes catering.
               ii.1 (one) NBL Spalding Basketball valued at $150 (to be selected by the NBL in its sole discretion);
              iii.1 (one) NBL 2022/23 regular season jersey valued at $100. Style to be selected by the NBL (in its sole discretion)
All other travel expenses associated with redeeming the prize will be borne by the winner.  
12.  Eligible Persons are not required to be present at the draw to win a prize. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
13.  The draw will be conducted by Anisimoff Legal, an independent third party, located at Suite 5, Erina Plaza, 210 The Central Coast Highway, Erina NSW 2250 on Monday 4th April 2022 at 2:00pm (AEST). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The sharing of prizes is not permitted.
14.  The prizes are not exchangeable or transferable for cash and all travel expenses including and not limited to flights, accommodation, and other expenses to redeem the prize will be borne by the winners.
15.  If the winner is unable to attend the NBL game for any reason or resides in a State or Territory where the winner is unable to travel due to border closures, the winner must promptly advise the Promoter and will forfeit the prize. The prize will be awarded to a reserve entry (drawn in accordance with clause 12). This process will continue until the winner can attend the game.
16.  In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.  
17.  If the prize (or part of the prize) is unavailable for reasons outside the Promoter’s reasonable control, the Promoter, after having made reasonable attempts to reach agreement with the winner, but otherwise in its discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal or greater value and/or specification, subject to any written directions from a regulatory authority.
18.  Any costs associated with redeeming the prize is not included.
19.  The Promoter’s decision is final, and no correspondence will be entered into.  
20.  All prizes outlined in the table below will be distributed in accordance with these Terms and Conditions.
21.  The winners will be notified in writing via the contact details supplied by the Eligible Person when they enter the promotion on win.nbl.com.au/berocca. The winner will be notified within two (2) working days after the winners are drawn.
22.  If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all State and Territory regulatory authorities, the entry will be invalidated, and a further entry drawn at the same place as the original draw on 12 April 2022 in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied by the Eligible Person to the Promoter when subscribing to Promoter’s customer database at the Website) within two (2) working days of the draw and the winner’s name will be published on https://nbl.com.au/competitions and will be published in an Australian newspaper within 30 days of the draw. This will continue until a valid winning entry is drawn.
23.  The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct, calculated to jeopardise fair and proper conduct of the promotion. Failure by 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.  
24.  Prizes to attend a game are subject to ticket availability and the NBL may select the game(s) to which the prize relates.
25.  Should the 2022/23 season not proceed, the 2022/23 season is truncated or some or all of the NBL games for the 2022/23 season is not played in the winner’s home state, the NBL may, in their sole discretion, award the season passes for the 2023/24 season or, if the series is truncated or some or all of the NBL games for the 2022/23 season are not played, the NBL may in their sole discretion, award tickets to a select number of games for the 2023/24 season.
26.  Incomplete or indecipherable entries will be deemed invalid.  
27.  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.
 
General
28.  The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
29.  Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, and images (“Content”). The Promoter or the Businesses shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter and the Businesses for any breach of the above terms.  
30.  As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Businesses and the Promoter and Business’ affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.  
31.  Entrants consent to the Promoter and the Businesses using their 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 a reasonable period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter or the Businesses in connection with the promotion.
32.  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.  
33.  Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.  
34.  Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) 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 and the Businesses (including their respective officers, employees and agents) exclude 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.  
35.  Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Businesses (including their respective officers, employees and agents) are 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;
e.     any tax liability incurred by a winner or entrant; or
f.       taking of the prize/attendance at the prize event.  
36.  The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to the Businesses and other third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and the Businesses will also use, and handle PI as set out in their respective Privacy Policies available at NBL, Chemist Warehouse, Berocca, Adelaide 36ers, Brisbane Bullets, Cairns Taipans, Hawks, JackJumpers, Melbourne United, NZ Breakers, Wildcats, SE Melbourne and Kings. In addition to any use that may be outlined in the Privacy Policies identified above, the Promoter and Businesses may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter and Businesses. Subject to all relevant laws, the Promoter or Businesses may disclose entrant's PI to any entity outside of Australia in accordance with their respective Privacy Policies.  
37.  The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.  
 



NBL Partners

Naming Rights
Major Partners
Broadcast & Media Partners
Profile Partners
Suppliers
Associates