These promotional terms and conditions (Promotional Terms) set out the basis on which Insight Pet Solutions Pty Ltd ACN 643 774 645 (we, us, our) will conduct promotional campaigns and competitions from time to time via our website www.insightpetsolutions.com.au (the Site).
These Promotional Terms form the basis on which you are entitled to participate in competitions, promotional activities and marketing campaigns (Promotions) that are run by us.
Promotions may take various forms including, for example, specials or discounts offered by us on goods available through our Site, vouchers or reward cards, or other prizes offered to customers through competitions.
2. Acceptance & Variation
By entering into or participating in a Promotion you are agreeing to be bound by these Promotional Terms.
These Promotional Terms are to be read in addition to the Insight Pet Solutions Website Terms and Conditions. To the extent of any inconsistency with these Promotional Terms, the Website Terms and Conditions will prevail.
We reserve the right to withdraw or amend the terms of any Promotion at any time where, in our discretion, it is reasonable or necessary to do so. This may include, for example, where a Promotion is affected by circumstances out of our control.
3. The Promotion
In order to participate in a Promotion you must be considered legally an adult in your jurisdiction or territory.
The general eligibility and specific participation terms of each Promotion will vary and we will detail those terms in the Schedule to these Promotional Terms. We will also advertise any specific terms on our website or in marketing correspondence to you. The specific terms may include information such as:
conditions of entry of a Promotion;
eligibility to receive benefits as part of a Promotion;
the duration of a Promotion, including start and finish dates;
the special, discount, voucher, reward or other benefit or prize that participants in the Promotion may receive; and
other general terms or requirements regarding the conducting of the Promotion.
Terms of the nature referred to in 3.1(b) are subject to change:
where circumstances arise that are out of our control that affect the Promotion;
where required by a law or regulation; or
where we otherwise consider it reasonable to do so.
To the extent of any inconsistency, these Promotional Terms will prevail over any terms referred to in 3.1(b).
The eligibility of a person to participate in a Promotion will be determined at our sole discretion.
We do not warrant or guarantee that we will take into account any particular criteria when determining the eligibility of a person to participate in a Promotion.
The outcome of all Promotions, including winners or participants that will receive a benefit or prize as part of a Promotion, will be determined by us.
Our Promotions will be run in various jurisdictions and territories.
Certain promotions may be limited to people that are located in specific countries or states.
We make no guarantee or representation that any Promotion that we run will be available in multiple jurisdictions or territories, or in a particular jurisdiction or territory.
You acknowledge and agree that it is your responsibility to ensure that you comply with all laws and regulations of each jurisdiction in participating in a Promotion.
We will not be liable for any loss, damage, expense, cost or liability of whatsoever nature that you may suffer or incur as a result of your participation in a Promotion.
We reserve the right to cancel or withdraw any benefit from a Promotion where you have failed to comply with these Promotional Terms or our Website Terms and Conditions.
You must not:
interfere with the entry process of a Promotion;
engage in conduct that affects the fair and proper conduct of the Promotion;
do any such thing that may dimmish our reputation or the reputation of any third-party partners of a Promotion; or
breach any law or regulation.
You acknowledge and agree that we may publish information provided by you in relation to a Promotion.
The selected participants of a Promotion will be published on our Site or via the platform through which entry was received.
We may from time to time run Promotions in conjunction with third party providers of goods and services.
To the extent that a Promotion involves the provision of goods and services by a third party, we make no warranty, representation or guarantee regarding the nature or quality of those goods and services. Such goods and services are subject to the terms and conditions of the third party provider.
To the extent adverting and promotional material is provided by a third party as part of a particular promotion, we make no warranty, representation or guarantee regarding the content of those third party advertisements and promotions.
You hereby release us from all liability for any loss, cost, damage, expense or other detriment that you may suffer or incur as a result of any third party content or services.
The release provided in clause 4(d) will be reduced proportionately to the extent that we contribute to the loss, cost, damage, expense.
Selected participants will be notified of the outcome of a Promotion by the method specified in the Schedule.
Participants will receive the notification to the contact details provided upon entry to the Promotion or per the account created on our Site.
We will make every reasonable effort to notify you as a recipient of the benefit. All benefits must be accepted as an when specified upon notification or will otherwise be taken to be forfeited by the participant.
5.2 Award of benefit
Participants will be selected to receive the benefit of a Promotion within five days of the end of the Promotional Period or otherwise within a reasonable time as specified in the Schedule.
Benefits from Promotions cannot be transferred, exchanged or redeemed for cash.
Any costs associated with redeeming or obtaining a benefit are not included in the Promotion.
Any unused balance of a voucher or code will not be awarded as cash.
In order to participate in a Promotion you may be required to provide certain personal information.
The intellectual property of any materials provided or uploaded to the Site by a participant of a Promotion is subject to the terms of our Website Terms and Conditions.
The participant is solely responsible for materials provided to us for the Promotion and we shall not be liable in any way for such materials to the extent permitted by law.
You must not submit materials that:
are unlawful, fraudulent, in breach of any intellectual property rights, or otherwise unsuitable for publication as deemed by us; and
contain viruses, malicious code or otherwise intended to cause harm to our Site or systems.
All materials provided must comply with applicable laws and regulations including those governing copyright, defamation, privacy and publicity.
For the purposes of this clause 8 the term “Loss” includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any demand, claim, action, dispute or proceeding) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.
You hereby indemnify and keep us indemnified against any Loss that may be incurred or suffered by us arising from or in connection with:
any breach or default by you of these Promotional Terms (including any breach of warranty);
a negligent act or omission by you; and
your failure to comply with any applicable law, regulation, code or rule.
The indemnity that you are providing under clause 8 will be reduced proportionately to the extent that we have contributed to any Loss suffered or incurred by us through our own negligent act or omission.
This clause 8 survives the termination of the agreement between us and you on the basis of these Terms.
Our agreement on these Terms is governed by the law in force in the State of Queensland, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland, Australia.
Any provision of these Promotional Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Promotional Terms which shall remain in force.