Kmart Fam Cam

‘KMART FAM CAM’ PROMOTION  

TERMS AND CONDITIONS

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is National Basketball League Pty Ltd (ABN 65 164 187 937) of Level 6, 10 Queens Road, Melbourne, VIC 3004. (“Promoter”) and the Promoter has the consent of Kmart Australia Limited (ABN 73 004 700 485) of 690 Springvale Road, Mulgrave, VIC 3170 (“Business”).
  3. Entry is only open to Australian & New Zealand residents aged 16 and above. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  4. Employees (and their immediate families) of the Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), Businesses and agencies associated with this promotion 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
  5. Entries into the promotion open at 10:00am AEDT on 1st November 2021 and close at 10:00am AEDT on 9th March 2022 (“Promotional Period”).
  6. To enter, individuals must complete the following steps during the Promotional Period:

(a) visit www.nbl.com.au/kmartfam, follow the prompts to the promotion entry page;

(b) input the requested details (including full name, email address, postal code and contact number);

(c) upload a photo of the entrant and their family enjoying something connected to basketball (“Photo”);

(d) tell us about their image submitted and/or family and

(e) submit the fully completed online entry form.

7. Entries not completed in accordance with these Terms and Conditions are void. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.

8. Multiple entries are not permitted.

9. 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. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

10. Incomplete or indecipherable entries will be deemed invalid.

11. 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.

12. Judging of the entries will be conducted in accordance with the below table. Entries close for each draw at 10:00am AEDT on the dates specified in the table below. Judging will take place at the NBL at Level 6, 10 Queens Lane, Melbourne, VIC, 3004 at 11am on the dates specified in the table below. Entries in each draw will NOT be entered into any subsequent draws. Winners will be notified in writing and their names published within 5 working days after each draw at https://nbl.com.au/competitions.

 

Draw Number

Entries close

Judging date

Publication date

1

23/11/2021

24/11/2021

29/11/21

2

12/01/2022

13/01/2022

19/01/22

3

09/03/2022

10/03/2022

16/03/22

 

13. Each valid entry will be individually judged based on insightfulness, thoughtfulness, creativity, humour, originality, creativity and other like measures determined by the NBL in their absolute discretion

14. The Promoter’s decision is final and no correspondence will be entered into.

15. 50 winners for Draw 1 will be selected by the Promoter in accordance with these Terms and Conditions in December and each winner will receive a $50 Kmart voucher.

16. 50 winners will be selected by the Promoter in accordance with these Terms and Conditions in December and each winner will receive a $50 Kmart voucher.

17, 40 winners will be selected with these Terms and Conditions in December and each winner will receive a $50 Kmart voucher.

18. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.

19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize at/by the time stipulated by the Promoter, then the prize will be forfeited.

20. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

21. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

22. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.

23. Total prize pool value is $7,000.

24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

25. In the event that a winner cannot be contacted or the prize is unclaimed after 10 working days since the notification to the prize winner by email, a new prize winner will be selected in accordance with these Terms and Conditions and will be notified by email. The new prize winner will have 10 working days from notification to claim the prize, this process will continue until the prize has been claimed. The NBL will be in contact with the prize winner to arrange delivery of the prize. This will continue until a winner is successfully contacted and the prize delivered.

26. As a condition of accepting the prize, a winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

27. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to the Photo, comments, recordings and images (“Content”). The Promoter 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:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) the Content is the original work of the entrant that does not infringe the rights of any third party;

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

(g) Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

28. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its 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.

29. Entrants consent to the Promoter using their name, likeness, image and/or voice (including photographs, film, short answer and/or recording of the same) in any media for an unlimited 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.

30. 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 pandemic, 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.

31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

32. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Businesses (including its respective officers, employees 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 promotion.

33. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Businesses (including its respective officers, employees and agents) is 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) use of a prize.

34. Entrants acknowledge and agree that the Promoter and the Businesses may collect their personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to the Businesses, 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 and consenting to the Promoter and the Businesses using this PI for the purposes set out in this clause. The Promoter and the Businesses will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://nbl.com.au/pages/privacy-policy and https://www.kmart.com.au/privacy-policy.

35. In addition to any use that may be outlined in the privacy policies 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 the Businesses.

36. The laws of Australia (and where applicable the laws of New Zealand) apply to this promotion. Entrants submit to the non-exclusive jurisdiction of the courts of Melbourne, Victoria Australia.

NBL Partners

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