Vote for your Mazda Next Level Performer!
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Privacy Policy
1 Who Are We
Your privacy is important to the Australian Football League (ABN 97 489 912 318) (AFL) and each of the 18 AFL Clubs listed in paragraph 12 of this Privacy Policy (AFL Clubs). This Privacy Policy provides information about the personal information that the AFL and AFL Clubs collect and the ways in which the AFL and AFL Clubs may use, hold and disclose this personal information.
The AFL may disclose your personal information to AFL Clubs, and AFL Clubs may disclose your personal information to the AFL. Each organisation will collect and use your personal information in accordance with this Privacy Policy.
When used in this document, depending on the context, "we," "our" and "us" refers to AFL and/or the AFL Clubs.
2 AFL and AFL Clubs Privacy Policy
Protecting personal information is fundamental to the AFL’s and AFL Clubs’ relationship with our supporters, employees, players and business partners. All personal information received in connection with an AFL or AFL Club product or service, or in the conduct of the AFL’s or AFL Clubs’ business, is therefore treated seriously, having regard to the AFL’s and the AFL Clubs’ legal obligations.
Personal information is information that identifies you or could identify you. The AFL and AFL Clubs are subject to the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
3 Information Collected
Generally, the AFL and the AFL Clubs collect personal information directly from you via your use of the products and services on offer, use of AFL Online and any registration you make to participate with or receive information from, the AFL or your AFL Club and any business relationship between you and us, including via email. The personal information which the AFL and AFL Clubs collect and hold includes:
-your name, age, billing and/or shipping address, email address, gender, occupation, telephone number(s) and your AFL Club support;
- information about dealings with the AFL and AFL Clubs, including membership history, and subscriptions for AFL services;
- your AFL game attendance history where you purchase a ticket or use your AFL or AFL Club membership to obtain entry into a venue; and
- opinions and beliefs provided via surveys and questionnaires.
In addition, you may also provide to us and we may collect and hold additional personal information, such as:
- your credit card information; and
- details of the items ordered or purchased from us.
We also may collect additional non-personally identifiable information (for example, browser version, IP address) that will provide information regarding the general use of AFL Online.
By providing us with personal information, you consent to that information being collected, used, disclosed and stored in accordance with this Privacy Policy.
If you do not give personal information to us, it may affect our ability to provide you with products and/or services.
Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you however we will provide you with an opportunity to opt–out of receiving communications about that matter within each of those communications.
4 Opt-Out/Unsubscribe
You can easily unsubscribe at any time you want to our communications by contacting us using the contact details specified in paragraph 11 of this Privacy Policy or by following the instructions contained in an e-mail.
It may take some time to put an opt-out or an unsubscribe in effect so you may still receive communications from us for several weeks after your request is received.
For the avoidance of doubt, by opting–out or unsubscribing yourself from a mailing list of an AFL or AFL Club product or service this will ensure your removal from that particular mailing list but will not guarantee your removal from other mailing lists that the AFL or an AFL Club may store your details in as a result of your engagement with a different service or product.
5 Information from Third Parties
During the course of business, the AFL and AFL Clubs may also collect personal information that is given to them by a third party (for example, a corporate partner of the AFL or AFL Clubs or information that is on a publicly maintained record). This information forms part of the personal information described in this Privacy Policy. The AFL and AFL Clubs will not intentionally solicit personal information that is unintentionally disclosed.
We may also receive information about you from third parties in relation to other websites. For example, you may choose to participate in a third party application or feature as part of our services (such as logging in through Facebook Connect or Google+ or otherwise linking to the services from another website or interactive service) or on a third party website or service (such as a Facebook application or a similar application or feature) through which you allow us to collect (or the third party to share) information about you, including personal information. When you choose to participate, you may be opting to link your activity on AFL Online services with that third party website or service, which may then collect information about your visits to AFL Online and may publish that activity as you request to your "profile" or similar feature with that third party (such as if you choose to share content you find on AFL Online with your "connections" on the third party's website or service).
The information we collect is subject to this Privacy Policy. However, the information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us or with other third parties, the types of information shared, and your choices with regard to what is visible to others on that third party's website or service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party website or service give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections'" web page, profile page, or similar page on a social networking or other third party website or interactive service.
6 Public Forums, Refer a Friend, and Customer Testimonials
The AFL and AFL Club’s may provide bulletin boards, blogs, or chat rooms on AFL Online or mobile applications. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. The AFL and AFL Club’s are not responsible for the personal information you choose to submit in these forums.
7 Storage of Personal Information
Wherever reasonably practicable, the AFL and AFL Clubs will store personal information on data servers that are owned and controlled by the AFL and AFL Clubs and are located within the geographical borders of Australia. However, some of your personal information may be transferred, stored, processed, used or disclosed overseas by the AFL or AFL Clubs, or by the AFL's or AFL Clubs' third party service providers. In particular, at the date this Privacy Policy was most recently updated, your personal information may be disclosed to recipients in the USA, Gibraltar, China and other countries from time to time.
This may happen if our service providers are located overseas, or if transactions, information, services or products have an overseas connection. Where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act (Cth) 1988 in relation to how those parties treat your personal information.
You agree to the disclosure and use of such personal information in accordance with this Privacy Policy, and consent to its disclosure overseas and its use by third parties, including our service providers, in the USA, Gibraltar, China and such other countries in which those parties or their computer systems may be located from time to time, where it may be used solely for the purposes described in this Privacy Policy, without us being responsible for such use (or for any breach). Where the AFL and AFL Clubs use cloud computing services we will use our reasonable endeavours to ensure that such disclosures are in compliance with Australian privacy laws.
8 Use and Disclosure of Personal Information
The AFL and AFL Clubs collect, hold, use and disclose your personal information for purposes including, without limitation:
- to verify your identity;
- to improve AFL Online;
- to facilitate community competitions and programs;
- to provide, and to assist us with providing products and services to you, to manage and account for the products and services, and to improve the products and services;
- to manage AFL and AFL Club’s relationship(s) with you;
- to provide you with information about events, products and/or services that may interest you;
- to facilitate the internal business operations of the AFL and the AFL Clubs;
- to promote and market AFL events, products or services;
- to undertake research;
- to enable corporate partners and sponsors of the AFL, including AFL Clubs and the AFL’s digital rights partner Telstra, as well as their related bodies corporate, to market and promote their products and services to you; and
- to our third party service providers in connection with any of the above.
The AFL and AFL Clubs may also disclose personal information where it is otherwise permitted to do so by law.
Where you provide your personal information directly to one AFL Club, although it may be disclosed to the AFL, that personal information will not ordinarily be shared with a different AFL Club. However, there may be some circumstances where this personal information is shared between AFL Clubs. For example, if in a transaction you purchase merchandise relating to two AFL Clubs, that transaction may be disclosed to both AFL Clubs.
Sharing Information With Third Parties
We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorisation, fraud protection and credit risk reduction, product customisation, order fulfilment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.
We may need to share personal information with these third parties so that they can perform these services, however, we limit the personal information that we give to them and authorise them to use this information only for the purpose of performing those services.
We may share aggregated demographic information about our user base with our agents, including agencies or third party vendors so that they can provide marketing analysis and consult on advertising strategies. This information does not identify individual users. We also may share non-personal information, such as the number of users who visited AFL Online during a specific time period or who purchased a specific product through the website, with our marketing partners, advertisers and others from time to time. This information generally is shared in an aggregated form.
The AFL and AFL Clubs do not otherwise disclose personal information without your permission, unless the disclosure is:
- in accordance with this Privacy Policy or any agreement you enter into with us; or
- required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).
9 Accessing AFL Online
“AFL Online” refers to the AFL website with its top-level domain located at http://www.afl.com.au/, all related sub-domains and any other AFL website (including any AFL Club website) which provides an AFL and AFL Club product, AFL and AFL Club service or AFL-related product or service including related mobile applications. You need not disclose your identity to the AFL or AFL Club in order to visit AFL Online, except where personal information is voluntarily supplied, however the AFL or AFL Club internet server may automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve AFL Online.
Cookies
The AFL or AFL Clubs may use “cookies” on AFL Online. A cookie is a small text file that AFL Online may place on your computer. Usually, cookies are used as a means for our websites to remember your preferences and are thus designed to improve your experience of AFL Online. Cookies may collect and store personal information about you.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
If you disable the use of cookies on your web browser or remove or reject specific cookies from our website or linked sites then you may not be able to gain access to all of the content and facilities on AFL Online.
Website Analytics
When you visit and browse AFL Online, our website host and some third party service providers may collect information for statistical, reporting and maintenance purposes.
Subject to the terms of this Privacy Policy, this information is used to administer and improve the performance of AFL Online and will not be used to identify you. The information may include:
- the number of users visiting our website and the number of pages viewed;
- the date, time and duration of a visit;
- visiting patterns of individuals accessing AFL Online;
- the IP address of your computer; and
- the path taken through our website.
The AFL or AFL Clubs use website analytic services to help analyse how you use AFL Online (Website Analytics). Website Analytics generate statistical and other information about website use by means including but not limited to cookies which are stored on users' computers. The information generated is used to create reports about the use of AFL Online. Our third party providers of these services may store this information. The AFL or AFL Clubs will not (and will not allow any third party to) use Website Analytics to track or to collect any personally identifiable information of visitors to AFL Online. The AFL or AFL Clubs will not associate any data gathered from AFL Online with any personally identifying information from any source as part of the AFL's or AFL Clubs' use of Website Analytics.
The AFL and AFL Clubs treat personal information that may be obtained through cookies and any other information supplied to us (for example if you send us an email) in accordance with this Privacy Policy.
Links
AFL Online may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
Children’s Privacy
If you are under 18, you should only use AFL Online with involvement of a parent or guardian. For their protection, we ask that anyone under 18 years of age does not attempt to register with AFL Online or otherwise provide us with any personal information without the consent of a parent or legal guardian.
10 Information Security
The AFL and AFL Clubs will take reasonable steps to protect all personal information within their direct control from misuse, interference, loss, unauthorised access, modification or disclosure. The AFL and AFL Clubs will take reasonable steps to hold information securely in electronic or physical form in access controlled premises or in electronic databases requiring logins and passwords.
11 Contacting Us Regarding Access, Correction and Privacy Complaints
An individual may:
- request access to and seek the correction of their personal information held by the AFL and/or AFL Clubs at any time;
- make a complaint in relation to an alleged breach of privacy; or
- submit a query or concern about this Privacy Policy or the AFL or AFL Clubs' information handling processes,
by contacting the AFL by email at privacy.officer@afl.com.au or the relevant AFL Club’s Privacy Officer by email at the corresponding address below:
Alternatively, you may write to the AFL via AFL Privacy Officer, AFL House, 140 Harbour Esplanade, Docklands, Victoria 3008 or telephone on 03 9643 1999.
Access
You will be required to provide proof of identity in order to obtain access to your personal information. The AFL may charge an administration fee where access is provided. The AFL may refuse to provide access if permitted to do so by law. The AFL aims to provide access to your personal information within 30 days of a valid request.
Complaints
At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations or affect the commercial arrangements between you and the AFL.
The AFL’s Privacy Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint within a reasonable period of time following completion of the investigation.
12 AFL Clubs
For the purpose of this policy, “AFL Clubs” means each of the following:
Adelaide Football Club Limited ACN 008 101 568;
Brisbane Bears – Fitzroy Football Club Limited t/a Brisbane Lions Australian Football Club ACN 054 263 473;
Essendon Football Club ACN 004 286 373;
Carlton Football Club Limited ACN 005 449 909;
Collingwood Football Club Limited ACN 006 211 196;
Fremantle Football Club Limited ACN 066 055 249;
Geelong Football Club Limited ACN 005 150 818;
GCFC Limited ACN 144 555 822;
Western Sydney Football Club Limited ACN 130 190 242;
Hawthorn Football Club Limited ACN 005 068 851;
Melbourne Football Club Limited ACN 005 686 902;
North Melbourne Football Club Limited ACN 006 468 962;
Port Adelaide Football Club Limited ACN 068 839 547;
Richmond Football Club Limited ACN 065 563 011;
St Kilda Saints Football Club Limited ACN 005 174 836;
Sydney Swans Limited ACN 063 349 708;
West Coast Eagles a division of Indian Pacific Ltd ACN 009 178 894; and
Footscray Football Club Limited t/a Western Bulldogs ACN 005 226 595.
13 Updates to Privacy Policy
We may vary this Privacy Policy from time to time, by posting an updated Privacy Policy accessible via the AFL and AFL Club websites. This Privacy Policy was last updated on 1 April 2016.
Terms of Use
2024 NMFC MAZDA NEXT LEVEL PERFORMER AWARD - TERMS AND CONDITIONS ENTRY
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is North Melbourne Football Club Limited ABN 21 006 468 962, 204 – 206 Arden Street, North Melbourne VIC 3051 ("Promoter").
3. Promotion commences on Sunday 1st September 2024 from 9:00 am Australian Eastern Daylight-Saving Time ("AEDST") and will continue until 11:59 pm Australian Eastern Standard Time ("AEST") on Wednesday 6th November 2024 ("Promotion Period").
4. Entry is open to residents and groups of VIC, SA, WA, QLD and TAS (“Eligible Entrants”).
5. Directors, Officers and employees (and their Immediate Family as defined in clause 7) of the Promoter, related corporations, participating retailers and agencies associated with this promotion are ineligible to enter.
6. To be eligible for the prizes, Entrants must be 18 years of age or over as at the date of entry.
DEFINITIONS
7. In these Terms, the following meanings apply in addition to terms which are defined elsewhere in these Terms unless the contrary intention appears:
"Entrant" means a person who is eligible to participate in and has submitted an entry into the Promotion in accordance with these Terms.
"Group" means a group of individuals consisting of two or more people, which have agreed to enter the Promotion as a 'group'.
“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 cousin.
"Drawing Location" means the premises located at North Melbourne Football Club, 204-206 Arden Street, North Melbourne, 3051.
"Match" means a single game of AFL Football, which is conducted during the Season;
"NMFC Website" means the website of the Promoter at www.nmfc.com.au.
"Round" means one of the 11 rounds consisting of Matches conducted during the Season.
"Season" means the 2024 AFLW Premiership 'Home and Away' season of AFLW Football commencing on 31 August 2023.
“Mazda Australia” is the trading name of the company, (ABN 78004690804).
ENTRY CONDITIONS
8. To enter the Promotion, Entrants must during the Promotion Period register their details via the on-line registration form located on the NMFC Website at www.nmfc.com.au.
9. The Promoter reserves the right not to accept a registration for any Entrant or to disqualify an Entrant if the Promoter considers that the registration contains anything defamatory or is otherwise inappropriate.
10. An Entrant may only register as an individual or as a member of a Group.
11. Any costs associated with entering the competition are the entrant's responsibility.
MAJOR PRIZES
12. One (1) Entrant will be drawn at the end of the Season who will win the major prize of two (2) tickets to the 2024 AFLW Club Champion Dinner.
13. The Major Prize winner will be determined at the Judging Location at 2:00 pm AEST on 7th November 2024.
14. All other costs associated with the prize, including but not limited to any redemption or transfer costs, meals, additional taxes, insurance and other ancillary costs are the sole responsibility of the winner and their companion, as incurred.
15. The total value of the Major Prize pool is $500 (incl GST).
16. The winner of either the Major Prize will be contacted in writing within 2 days of the date of being determined a winner, to claim their prize and provide an address where the Promoter can mail their prize.
17. In the event that the Major Prize, remains unclaimed by 2:00 pm AEST on 8 November 2024, that winners entry will be deemed invalid and the Promoter reserves the right to conduct further draws to distribute the prize to the next determined winner.
MINORS
18. If an Entrant is under 18 years, they must have their parent or guardian's consent to enter the Promotion. The Promoter reserves the right to request this consent in writing. If consent in writing is requested, the winner's nominated parent/legal guardian will be required to include the words: "in consideration of AFL agreeing to admit the Entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion" in such written consent.
19. If a prize winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or legal guardian on behalf of the winner.
20. Minors may use the prize, but they must have consent from their parent or legal guardian (which the Promoter may request in writing).
GENERAL
21. All Prize Winners (and their parents or legal guardians if they are under 18 years of age) are required to sign a release and indemnity form in favour of the Promoter and return the document to the Promoter prior to taking their prizes.
22. The Promoter reserves the right, at any time, to verify the validity of entries/ registrations and Entrants (including an Entrant's identity, age and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry/registration process. 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.
23. 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.
24. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
25. Unless expressly stated otherwise, the winner of a prize in this Promotion is not excluded from winning another prize as part of this Promotion. All eligible Entrants will be considered in the determination for prizes in this Promotion whether or not they have won another prize in this Promotion.
26. Prizes are not transferable, negotiable or exchangeable for cash.
27. Determination of all prizes will be conducted by a representative of the Promoter.
28. The Promoter's decision for all prizes in this Promotion is final and binding and no correspondence will be entered into.
29. For the purpose of this Promotion, a “Group” is treated as a single Entrant. If a Group is the winner of a prize, only one (1) prize is awarded to the Group. The Promoter will determine to which member of a winning Group the prize is awarded to in their absolute discretion, and that member will be required to share the prize equally with all other members of the Group. The Group and the individuals which make up the Group is solely responsible for its actions relating to the Promotion. The Promoter is not required to make any enquiry in relation to the validity of any action of any person forming part of the Group. An individual which forms part of a Group that has entered this Promotion is deemed to have agreed to these Terms.
30. Incomplete, indecipherable and incorrect entries/registrations or entries/registrations containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
31. It is a condition of taking a prize that the winner must, if requested to do so by the Promoter, sign and return documents relating to their eligibility to enter (including ownership of entry), statement of compliance with relevant terms and conditions and/or a release of the Promoter's liability in taking prizes.
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. The Promoter accepts no responsibility for any entries or registrations not received for any reason during the Promotion. Registrations or entries will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost, late or misdirected registrations, or entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
34. If the Promoter is unable to provide a winner with the nominated prize, the Promoter reserves the right to supply an alternative prize of similar monetary value, subject to any written directions given by State gaming departments.
35. Any Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
36. Entrants consent to the Promoter 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 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.
37. The Promoter reserves the right to disqualify registrations or entries in the event of non-compliance with these Terms. Notwithstanding the Promoter's rights under these Terms to not accept or to subsequently disqualify an Entrant, the Promoter will not be liable for any legal action arising out of any Group name being defamatory, inappropriate, in breach of any third party's rights, or in breach of any law, and any persons forming part of that Group indemnifies the Promoter, its agents, contractors and related companies from any legal action, claim or dispute arising directly or indirectly from any Group name being defamatory, inappropriate, in breach of any third party's rights, or in breach of any law.
38. To the extent permitted by law, the Promoter and its agencies associated with this Promotion are not liable and do not accept responsibility for: a. an Entrant's entry not being received or which are received and subsequently corrupted or rejected by a server of the NMFC Website; b. in connection with an Entrant's participation in the Promotion or the taking of a place, except that which cannot be excluded by law; and/or ii. relating to the conduct of the Promotion however caused, including failure of the NMFC Website or incorrect or corrupt data supplied by the Promoter to the Entrant.
39. The Promoter and its associated agencies and companies, will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
40. Information about Entrants is used by the Promoter to assess and process registrations in the Promotion. If an Entrant does not provide the required information, the Promoter cannot process the registration. All registrations/entries become the property of the Promoter and will be entered into a database. Information emanating from the Entrant's participation in the Promotion is used by the Promoter and its agencies, contractors and service providers associated with this Promotion for the determination of winners and distribution of prizes, if any, awarded to an Entrant. Entry is conditional on providing this information. Entrants consent to publishing their name and accumulated winning team points in the results section of the NMFC Website and for their personal information to be disclosed to State and Territory lottery departments, as required under the relevant lottery legislation. The Promoter will not be held responsible for any loss of reputation, status or otherwise in connection with an Entrant's selections and consequential results. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at www.afl.com.au/privacy. In addition to any use that may be outlined in the Promoter's Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their personal information, 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.
41. By participating in this Promotion, the Entrant agrees and acknowledges that: (a) they may be contacted by the Promoter to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos of them; (b) the Promoter may use such comments or photos (the "Materials") for the Promoter's future promotional and marketing purposes without further reference or compensation to them; (c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means; (d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; (e) the Promoter retains all right, title and interest, including copyright, in the Materials and, by participating in the Promotion, they assign to the Promoter on creation of the Materials all right, title and interest which might, but for these Terms, vest in them; (f) they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights"); (g) they waive all Moral Rights in the Materials that arise outside Australia; and (h) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
42. Any cost associated with accessing the NMFC Website is the Entrant's responsibility and is dependent on the Internet service provider used.
43. 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, 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 (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: (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, registration, 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; (f) taking and/or use of a prize; or (g) the Promotion generally.
44. Neither the Promoter nor the Sponsor will be liable to perform any of its obligations under these Terms where it is unable to do so as a result of circumstances beyond its reasonable control including but not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, pandemic or any other circumstances amounting to force majeure. The Promoter and the Sponsor accept no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
The Promoter and the Sponsor accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the winners or where applicable the guest as a result of entering or participating in the Promotion or accepting the Prize. This exclusion does not include any liability for death or personal injury caused solely by the negligence of the Promoter and the Sponsor.
Entrants enter the Promotion at their own risk and agree to indemnify the Promoter and the Sponsor against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors' fees) and any claim arising from a Entrant’s own actions in any way in connection with the Promotion or a breach of a Entrant’s obligations above.
