TRADE PROMOTION TERMS AND CONDITIONS – FLASH DRAW

1. INTRODUCTION
1.1 These terms and conditions (“Promotion Terms”) govern the conduct of the Flash Draw (the “Promotion”), a trade promotion activity conducted by TMS Global Services Pty Ltd (“TMS”) to promote the sale of lottery tickets in Endeavour Foundation Ltd’s lottery draw, Endeavour Lottery #452 (“Lottery”).

1.2 Capitalised terms used in these Promotion Terms that are not otherwise defined shall have the meaning (if any) prescribed in:
(a) The OZ Lotteries Terms and Conditions, available at: https://www.ozlotteries.com/about/terms-and-conditions

1.3 By participating in the Promotion, a participant is deemed to have accepted these Terms and Conditions and has agreed to be bound by them.

2. DEFINITIONS
2.1 In these Promotion Terms, the following defined terms shall have the following meanings:

Draw Date means the date at which the draw shall be scored or conducted, as identified on the Promotion Homepage;

Promotion Commencement Date means the date on which the Promotion shall commence, as identified on the Promotion Homepage;

Promotion Close Date means the date on which the Promotion shall end, as identified on the Promotion Homepage;

Promotion Homepage means the Promotion information contained on the flash draw webpage, accessible at: http://www.ozlotteries.com/marketing/promotions/flash-draws;

Prize means the goods and/or services nominated as prizes, as identified on the Promotion Homepage.

3. PROMOTER

3.1 The Promotion is conducted by TMS Global Services Pty Ltd (ABN 22 089 771 835) of Level 1, 601 Coronation Drive, Toowong QLD 4066, for the benefit of Mater Foundation Ltd.

4. PROMOTIONAL PERIOD

4.1 Each Promotion shall run for the period from the Promotion Draw Commencement Date until the Promotion Draw Close Date.

5. ENTRY ELIGIBILITY REQUIREMENTS

5.1 To be eligible for inclusion in the Promotion, an entrant must:

(a) As at the Promotion Close Date, have purchased an Entry in the Lottery.

(“Eligible Entrant”).

5.2 A person who is an Eligible Entrant may elect not to participate in the Promotion by notifying TMS by email at [email protected].

6. METHOD OF ENTRY

6.1 At the Promotion Close Date, all Eligible Entrants shall be automatically entered into the draw. Each Eligible Entrant shall be afforded one (1) entry into the draw for each Entry in the Lottery that they have purchased.

6.2 There is no mechanism or avenue to enter the draw other than by being an Eligible Entrant at the Promotion Close Date. No entries in the draw may be purchased or transferred by or between Eligible Entrants or any other person.

6.3 TMS is solely responsible for determining, by reference to its records, whether or not a prospective entrant is an Eligible Entrant, the determination of which shall be final.

7. PRIZES

7.1 The Prize or Prizes available to be won as part of the draw are as listed on the Promotion Homepage.

7.2 The number of Winners of each draw shall be identified on the Promotion Homepage.

7.3 A Winner shall not, unless otherwise explicitly specified on the Promotion Homepage, be entitled to:

(a) Elect for any particular Prize to be awarded;
(b) Receive as an alternative to the Prize, any alternative goods or services or cash or cash-equivalents;
(c) Exchange, transfer or trade the Prize for any alternative goods or services or redeem the Prize for cash.

8. METHOD OF WINNER DETERMINATION

8.1 The draw shall be conducted on the respective Draw Date, and shall either be conducted by TMS staff at 601 Coronation Drive, Toowong QLD 4066 or via remote electronic access.

8.2 Each Winner of the draw shall be determined wholly by chance, using TMS’ random number generator, providing each Eligible Entrant a random and equal chance of being drawn.

8.3 Each entry in the draw is eligible to be drawn and re-drawn (as the case may be) for each of the Prizes.

8.4 In the event that, for any reason outside the reasonable control of TMS, the Promotion and/or draw is unable to take place or be conducted, TMS reserves the right, in its sole discretion and to the fullest extent permitted by law, to terminate, modify, cancel, delay or suspend the Promotion and/or draw, or invalidate compromised entries, as appropriate in the circumstance.

9. PRIZE DISTRIBUTION 

9.1 Following the draw, TMS shall contact the winning entrant (the “Winner”) by telephone and/or email. The result of the draw shall also be published at http://www.ozlotteries.com/marketing/promotions/flash-draws.

9.2 Clause 9.3 shall apply to the distribution of Prizes that are comprised entirely of cash only.

9.3 For cash Prizes, TMS shall follow its existing internal audit processes relating to the approval and release of cash prizes, which may involve (at least):

(a) verifying that the Winner’s personal details match the personal details recorded against the Winner’s Oz Lotteries Account;

(b) verification of the bank account linked to the Winner’s Oz Lotteries Account, which may include sanctions screening.

9.4 Clauses 9.5 to 9.7 shall apply to the distribution of Prizes that are physical goods and/or services, whether in combination with cash or otherwise, only.

9.5 A Winner who is unable to be contacted or does not respond to attempts to contact them by TMS, shall have three (3) business days from the date of the first attempt to contact TMS and claim the Prize. In the event that the Winner does not contact TMS within that timeframe, TMS shall conduct a re-draw (using the same method outlined in clause 8.2) to determine an alternative winner, and that person shall become the Winner for the purposes of these terms and conditions.

9.6 TMS shall use reasonable endeavours to, within twenty-eight (28) calendar days of making contact with the Winner, deliver the Prize to the Winner. The Winner is obliged to provide all reasonable assistance required by TMS to facilitate the delivery and/or collection of the Prize.

9.7 In the event that, for a period of thirty-one (31) calendar days from the date of the draw, the Winner does not provide or refuses to provide the reasonable assistance required under clause 9.5, TMS shall conduct a redraw on the same basis as clause 8.2.

9.8 For all Prizes (whether cash or otherwise), TMS shall verify, by reference to its own records, that the Winner was an Eligible Entrant as at the Promotion Close Date.

9.9 Upon the delivery of the Prize to the Winner (e.g. payment into the Winner’s Oz Lotteries Account and/or physical collection of the Prize by the Winner, as the case may be), TMS’ obligations to the Winner with respect to the Promotion shall be satisfied in their entirety.

10. PROMOTIONAL ACTIVITY 

10.1 Eligible Entrants agree and acknowledge that should they become a Winner, they shall participate (if requested by TMS) in promotional activity, which may include: 

(a) the preparation of a “Winner’s Story” or like statement; 
(b) the provision of a photograph of the Winner to accompany TMS’ draw results publication; 
(c) any other like-requirement. 

TMS shall, in requesting the Winner’s participation in promotional activity, act reasonably and ensure any such requests do not place unduly onerous obligations on the Winner. The form, content and avenue by which any such promotional activity is published shall be determined and utilised by TMS in its sole discretion and the Winner shall have no rights, whether to compensation or otherwise, in relation to such promotional activity. Each Winner agrees to provide TMS with a perpetual, irrevocable and exclusive licence to use the products of such promotional activity created in accordance with this clause for TMS’ business purposes.

11. LIABILITY

11.1 To the fullest extent permitted by law, TMS excludes all liability for any loss or damage howsoever arising, whether direct, indirect, special or consequential, arising in any way out of the Promotion, including (but not limited to) as a result of:

(a) Any technical difficulties or equipment malfunction, whether or not under TMS’ control;
(b) Any theft, unauthorised access or third party interference in relation to the Promotion;
(c) Any tax or other financial liability incurred by an Entrant or Winner.

11.2 Prizes may be subject to the Prize issuer’s or manufacturer’s terms of use or like conditions (e.g. expiry dates). TMS shall have and accept no liability or obligation with respect to claims made by a winner under, or in relation to, a Prize’s terms of use or conditions.

11.3 To the extent that liability is not excluded pursuant to this clause by operation of law, in no event shall Oz Lotteries be liable for any loss, damage or costs incurred by a Eligible Entrant  which is indirect or consequential, including but not limited to: loss of revenue, income, business or profits; loss or damage to goodwill or business reputation; loss arising from claims by third parties; loss or denial of opportunity; loss or damage of any kind resulting from, or in connection with, negligence or a breach of a term, condition or warranty that may be implied into these terms and conditions.

12.  GENERAL

12.1 Personal Information (as defined in the Privacy Act 1988 (Cth)) shall be collected and used by TMS in accordance with the Oz Lotteries Privacy Policy, located at: https://www.ozlotteries.com/about/privacy.

12.2 Any decisions and/or actions taken by TMS are taken at TMS’ complete discretion and are final. Other than as necessary to comply with clause 8, no correspondence or dispute resolution processes shall be entered into by TMS in relation to the Promotion or any claims or disputes arising from same.

12.3 These Promotion Terms are governed by and construed in accordance with the laws of Queensland, Australia. Both TMS and each Eligible Entrant irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia, for any proceeding or dispute in any way related to the Promotion.

12.4 MS may modify, vary or alter these Promotion Terms in its sole discretion at any time. Any modifications, variations or alterations to the Promotion Terms shall be published on the DW Homepage and are effective as at the date of publication. The continued participation in Daily Winners following the date of publication of the Promotion Terms shall constitute acceptance and acknowledgement by each DW Member.

12.5 In the event of any ambiguity or conflict between terms, such ambiguity or conflict shall be resolved by deference to the following hierarchy of terms:

(a) These Promotion Terms;
(b) The Oz Lotteries Terms and Conditions;
(c) The Lottery terms and conditions.