Volkswagen and the Sydney Swans have been supporting communities across Australia since 2015 via a dedicated grassroots grants program. Over this period over $240,000 in grants have been awarded to more than 71 local AFL clubs nationally. These funds have helped provide new footballs, uniforms, training equipment and facility improvements to community clubs in need.
Applications are now open, with a grants pool worth $50,000 available for community clubs to share in. Apply on behalf of your club below!
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 (defined in paragraph 9 of this Privacy Policy below) 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:
In addition, you may also provide to us and we may collect and hold additional personal information, such as:
We also may collect additional non-personally identifiable information (for example, browser version, IP address), including 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 Clubs 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 Clubs 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:
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.
You consent to the AFL and AFL Clubs using your personal information for sending you information, including promotional material, about the AFL or AFL Clubs, or the AFL or AFL Clubs' products and services, as well as the products and services of selected third parties, now and in the future. You also consent to us contacting you with such information by means of direct mail, email, SMS, MMS messages, social media and via telephone.
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:
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 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 Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, the AFL and/or AFL Clubs will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act 1988 (Cth).
12 Contacting Us Regarding Access, Correction and Privacy Complaints
The privacy laws of some jurisdictions give individuals the right to access, amend or delete their personal information or, in some circumstances, to restrict or object to the processing of their personal information.
Information we hold about you should be up-to-date and accurate. Please advise of any changes to your information using the contact details set out in this paragraph 12.
An individual may:
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. If you would like to request a copy of your data, or would like to take steps to exercise your rights, please contact us as set out in this paragraph 12. 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:
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.
13 AFL Clubs
For the purpose of this policy, “AFL Clubs” means 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.
14 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 in May 2018.
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.
Terms and Conditions
2024 Volkswagen Footy Assist Program
Terms and Conditions of Application
General
1. Information on how to apply and prizes form part of the Guidelines. An application for the Program is deemed acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this Program, these Terms and Conditions prevail.
Who Can Apply
3. Subject to the clauses below, the application is open to residents of Australia who have fulfilled the requirements set out below. Applicants must be over the age of 18, as of the date of application (‘Applicant’).
4. The Promoter is Sydney Swans Limited of 1 Driver Ave, Moore Park, NSW, 2021 (ABN 063 349 708) (the 'Promoter').
5. The Sponsor is Volkswagen Group Australia Pty Limited (ABN 14 093 117 876) of 895 South Dowling Street, Zetland, NSW, 2017 (the 'Sponsor').
How to Apply
6. To apply an Applicant must:
- Be involved with a local Australian Football League (AFL) Club that is a non-professional and not for profit organisation in Australia (‘Organisation’);
- Make an application explaining how the Volkswagen Footy Assist Program from the Sydney Swans with the support of Volkswagen would benefit your club and community (amongst other questions) on the following website https://tradablebits.com/tb_app/514085 (‘Application’); and
- The Applicant must address all of the requirements in the Application. All compulsory sections of the application form must be completed before being submitted. The Promoter reserves the right to seek further details regarding any information submitted, including, but not limited to any other sponsorship arrangements an Applicant or Organisation may have in place (the ‘Application’).
7. Applications must not infringe copyright of any person or organisation in their preparation or submission.
8. Once an application is submitted, it is considered final and no changes or amendments to the application will be accepted. Submission of an application is deemed acceptance of these Terms and Conditions.
9. The Applicant must ensure that the correct details are entered in the application form so that the Promoter may contact the Applicant in the event that it is to be considered as a successful Applicant.
10. The Promoter may invite an Applicant to apply for the Program on behalf of an Organisation.
11. Please email atkinsn@sydneyswans.com.au if you have any questions about the online application form.
Number of Applications permitted
12. A maximum of one (1) application will be considered for any one Organisation. If more than one application is lodged in relation to one Organisation, the Promoter may select which application to consider.
Open, Close, Selection and Publish dates
13. Application Forms must be submitted online at https://tradablebits.com/tb_app/514085 between 12:00pm AEST Friday 8th November 2024 and 11: 59pm AEST on Tuesday 3rd December 2024 (the “Application Period”).
14. All times noted in these Terms and Conditions are local times, based on the location of the Promoter (AEST). Applications must be received by the Promoter prior to the competition close date and time.
15. The winning applications will be chosen on Friday 6th December 2024 by 12:00pm AEST at the Promoter's Premises by a judging panel. The winners will be determined by way of selection (the “Selection”) by the Promoter. The winning Applications are deemed to fulfil the Guidelines and be the most deserving.
16. The process contemplated by these Guidelines and a selection of successful Applicants is not based on chance.
17. All Applications will be reviewed by the Promoter, or a panel appointed by the Promoter, and all decisions (including but not limited to the allocation of the grants) are final and no correspondence will be entered into.
18. The winner will be notified by email within two business days of the Selection. Their names will also be published on Friday 6th December 2024 at www.sydneyswans.com.au for 28 days.
19. The Promoter may choose an alternate winning application on Monday 6th January 2025 at the Promoter's Premises by 5pm AEST as the original Selection in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Any alternate winners will be notified by email within two business days of the Selection. Their names will also be published on Monday 6th January 2025 on www.sydneyswans.com.au for 28 days.
Prize on offer
20. The total prize pool is valued at up to $50,000 (inc GST), as at 7th of November 2024.
21. The total number of competition winners in this competition is eight (8). The prize on offer is:
Number of winners |
Prize description |
Value of each |
Two (2) Winner |
$10,000 grant to use in order to improve the Organisation, as applied for |
$20,000 |
Six (6) Runners Up |
$5,000 grant to use in order to improve the Organisation, as applied for |
$30,000 |
22. Successful Applicants must ensure that their Organisation uses their grant to implement their Program to the benefit of the Organisation, as outlined in the Application Form. The Promoter reserves the right to require successful Applicants to provide further detail about the proposed expenditure of any grant made under this Program. Use of the prize outside of the permitted scope as outlined in the Application Form will result in immediate termination of the Application and of any possible or future funding of a grant. Successful Applicants and Organisations must provide receipts, proving the application of the grant if requested by the Promoter to do so.
23. The Promoter will award cash prizes by cash deposit into each respective successful Organisation’s bank account.
24. Payment will be made via direct debit within 30 days of confirmation of bank account details by the recipient to the Promoter once application successful.
Program Conditions
25. Applicants who are to be named Winners and Runners Up of the Program accept and agree that the Organisation may be filmed during a potential Sydney Swans visit, for a content series produced by the Promoter and Sponsor (‘Filming’).
26. The Promoter and Sponsor may promote (and the Applicant acknowledges and agrees) information about the Winners or Runners Up on various channels of the Promoter and/or Sponsors media and communication channels as well as in club related marketing material for an indefinite period. This may include Filming, holding presentation ceremonies and other media events.
27. The Promoter and Sponsor will have full and sole ownership and rights and usage of any imagery or content captured through the application process, Filming and presentation to the Winners and Runners Up and any imagery or content provided by the Organisation or the Applicant in relation to the Application, Program or the Organisation’s activities.
28. Applicants who are to be named as Winners or Runners Up and recipients of a cash prize under this Program, may be required to sign an agreement with the Promoter and the Sponsor on terms reasonably required by the Promoter and by the Sponsor as a precondition of them being so named.
29. As a condition of participating in the Program each Applicant agrees that it and its Organisation will not approach or enter into an agreement or sponsorship with any other automotive or related institutions during the application process. Applicants and Organisations which the Promoter may choose to nominate as successful Applicants and Organisations will be required to disclose to the Promoter full and complete details of any actual or potential sponsors of both of them who do or may compete with the Sponsor in any way prior to the commencement of the agreement. The existence of any such actual or potential competing party may cause the Promoter not to nominate the Applicant or an Organisation as a successful Applicant or Organisation.
30. Any financial assistance provided by the Promoter in relation to the Program is considered a donation and is provided exclusive of GST regardless of the recipients GST registration status.
31. The Promoter may vary the method of payment of the grant at its sole discretion.
32. The grant recipient must repay the full relevant part of the granted funding to the Promoter with 14 business days after it receives formal notification from the Promoter if the Promoter has overpaid the grant recipient.
33. The Promoter retains absolute discretion to determine the prize category to which an Applicant or Organisation may be entitled. An Applicant is only entitled to win one (1) Prize in 2024. The Promoter may also ask the successful Applicants and Organisations to execute an acknowledgement setting out the use of any grants or prizes, and promotional activity as a condition of receiving a grant under the Program.
Further Terms and Conditions
34. All Winners and Runners Up acknowledge and agree that in the event that the Application Form is successful, the Promoter may use all information contained in the Application Form for conducting further research, evaluation and development of resources in relation to AFL clubs and the Program.
35. Any entrant found to be entering incorrect contact details or using a third party to apply on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
36. The Promoter reserves the right to request winners to sign a winner's deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of application validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and application considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
37. The Promoter reserves the right to choose an alternative winning application in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
38. The Promoter's decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who applies. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. These Terms and Conditions are governed by the laws of New South Wales and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of the State.
Privacy Collection statement
39. By submitting an application into this competition entrants consent to receive promotional and other marketing messages from the Sponsor and the Promoter. Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Sponsor and/or the Promoter.
40. The Promoter and its related entities collect entrants' personal information (“PI”) for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose PI collected to an agent who is engaged to conduct the competition Selection and for prize fulfilment. The Promoter may also disclose PI collected to Australian regulatory authorities, such as the regulators of trade promotions. Application is conditional on providing this PI. The Promoter and the Sponsor will otherwise handle your PI in accordance with their Privacy Policies available at www.sydneyswans.com.au/privacy (Promoter) or at www.volkswagen.com.au/en/privacy-policy.html (Sponsor). 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.
Copyright, Statutory Guarantees, Waiver and Liability
41. All entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Eligible Entrant accepts that the Promoter and/or Sponsor may publish or cause to be published any of the entries received on, but not limited to, the big screen at the Sydney Swans Home Matches, social media channels and website advertising.
42. In participating in the prizes, the Winners and Runners Up agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being filmed during a potential Sydney Swans visit, using the winning application, being interviewed and photographed. The Winners and Runners Up (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such the uploaded photo, footage and photographs in all media worldwide, including online social networking sites, and the Winners and Runners Up (and their companions) will not be entitled to any fee for such use.
43. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
44. The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the application process or any other aspect of this competition. In particular, computer generated entries and the use "scripting" is not permitted and will not be accepted.
45. Nothing in these Terms and Conditions limit, exclude or modify 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 ASIC Act or similar consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
46. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Sponsor and the Promoter (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 application 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 The Promoter (including its' officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), 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 including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.
47. This Program shall be governed by the laws of New South Wales and each Applicant and Organisation agrees to submit to the non-exclusive jurisdiction of the New South Wales Courts.
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