GIVEAWAY – WIN 1 of 15 Custom pet tote bags by Wei’s Creations | PETBARN FOUNDATION RESCUE MONTH
February 6, 2025
TERMS AND CONDITIONS
Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 18 years or over.
Employees (and their immediate families) of the Promoter 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 cousin.
Entries into the promotion open on 08/02/2025 and close at 11:59pm AEDST on 25/02/2025 (“Promotional Period”).
To be eligible to enter, individuals must undertake the following steps on Instagram or Facebook during the Promotional Period:
Like and save the promotional post that features this promotion;
Share your rescue pet’s story and photo in the comments below.
Eligibility and Entries
Subject to clause 7, entry is open to Australian residents aged 18 years or over. (Eligible Entrants).
Employees (and their immediate families) of the Greencross Group, (as defined in clause 29) and agencies associated with the Giveaway 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 cousin.
At the commencement of the Giveaway Period, the Promoter will post on Petbarn Facebook account Petbarn | Facebook (Facebook Page), and in the Instagram account Petbarn (@petbarn) • Instagram photos and videos (Instagram Account) a promotional post advertising the Giveaway (Promotional Post).
An Eligible Entrant can submit a maximum of one (1) entry on the Promoter’s Facebook Page and a maximum of one (1) entry through the Promoter’s Instagram Page.
All entrants and entries must comply with these Terms and Conditions. Please note that submitting an entry gives us the right to use your content across our social media channels, paid campaigns, email marketing and website.
Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, incomprehensible or false entries will be deemed invalid (subject to the Promoter’s discretion under clause 14).
The Promoter may, in its absolute discretion:
Verify the validity of entries and entrants (including an entrant’s identity, age and place of residence); and
Ignore or disqualify any entry which it deems to be offensive or inappropriate (including but not limited to content that includes profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory language), or otherwise tampers with the entry process or the operation of the Giveaway, or which otherwise does not comply with these Terms and Conditions.
Errors and omissions may be accepted at the Promoter’s discretion.
The Promoter is not responsible for late, lost or misdirected entries.
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.
Entry and continued participation in the Giveaway depend on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php, and the Instagram Terms of Use, which can be viewed at https://help.instagram.com/581066165581870.
Winner and prizes
The 15 (fifteen) winners will be selected by the Petbarn Fondation at 9:00am (AEST) on Wednesday, 25 February 2025.
The first 10 (ten) valid entries drawn will each win a (1x) customised pet tote bag hand-drawn by Wei’s Creations. Total prize cost: $65.00.
If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute a Prize for another prize of equal or greater value and/or specification.
By accepting a Prize, the Winner confirms it has and continues to accept these Terms and Conditions. A Prize is not transferable or exchangeable and is not redeemable for cash. A Prize must be used on or before its nominated expiry date and if not used, the value of the Prize is forfeited. It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize (including any terms and conditions imposed on the Prize). Once awarded, the Promoter is not liable for any Prize that has been lost, stolen, forged, damaged or tampered with in any way.
The Winner will be notified via direct message on the Platform they submitted their entry that they have been selected as a Winner by 4:00pm (AEST) on Friday, 28 Feburary 2025. The Promoter reserves the right to “share” the content of each Winner on Facebook or Instagram by 6:00pm (AEST) on Friday, 28 Feburary 2025, on the Promoter’s Facebook Account and on the Promoter’s Instagram Account.
If a Winner is not able to satisfy these Terms and Conditions, or forfeits or fails to accept their respective Prize by 11:59pm (AEST) on Friday, 7 March 2025, then they will be deemed to have forfeited their Prize and an alternative winner or winners will be selected by a representative of the Promoter (each an Alternative Winner). An Alternative Winner will be contacted via direct message on the Platform they submitted their entry by 4:00pm (AEST) on Friday, 7 March 2025, via the Promoter’s Facebook Account or on the Promoter’s Instagram Account (as applicable). The Promoter reserves the right to “share” the content of each Alternative Winner on Facebook or Instagram by 6:00pm (AEST) on Friday, 7 March 2025, on the Promoter’s Facebook Account and on the Promoter’s Instagram Account.
The Winner or Alternative Winner (as applicable) will receive the Prize by mail.
The Promoter’s decision is final, and no additional correspondence will be entered into except as required by law.
Privacy
The Promoter collects personal information (PI) in order to conduct the Giveaway and may, for this purpose, disclose such PI to each member of the Greencross Group and third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Greencross Group includes Greencross Pty Limited, Greencross Operations Pty Ltd, Petbarn Pty Limited, City Farmers Retail Pty Ltd and their Australian subsidiaries and affiliates, including businesses that provide retail and veterinary services (the Greencross Group). The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.petbarn.com.au/privacy-policy.
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 PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
The Promoter’s Privacy Policy also contains 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.
By participating in this Giveaway, each Winner and Alternative Winner agrees to their name on Facebook or username on Instagram and their entry being published on the Promoter’s social media channels and for promotional purposes and media editorial requests regarding this Giveaway, without compensation.
Intellectual Property
By participating in this Giveaway, each entrant:
grants to the Promotor (including each entity in the Greencross Group) a worldwide, non-exclusive, royalty-free, licence-fee-free, sub-licensable transferable, perpetual and irrevocable licence to use, copy, store, reproduce, modify, publish, distribute, broadcast, commercialise and otherwise exploit the content and materials submitted by the entrant in the Giveaway (including the entrant’s name, comments and image) for any purpose (including marketing, promotional and other business purposes);
agrees that the Promotor (including each entity in the Greencross Group) may do, or omit to do, any act in respect of content submitted by the entrant as part of the Giveaway, which would otherwise be an infringement of the entrant’s moral rights, including failure to attribute the entrant as the author of the content, which content the Promotor (including each entity in the Greencross Group) may publish and/or edit for, legal or business reasons; and
warrants and agrees that the work submitted by them in the Giveaway, is the entrant’s original work, and does not infringe any rights (including intellectual property rights) of any third party, and is not misleading or deceptive, fraudulent, discriminatory, defamatory, abusive, harassing, threatening, obscene, indecent or otherwise unlawful. Each entrant indemnifies the Promotor (including each entity in the Greencross Group) against any loss, damage, or expense, incurred by the Promotor (including each entity of the Greencross Group), arising from or in connection with a breach of this clause by that entrant.
General
If the Giveaway 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Giveaway.
The Promoter is not responsible for any consequences arising as a result of any entrant’s decision to participate in the Giveaway.
Subject to clause 37, the Promoter and each entity in the Greencross Group (including their 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 Giveaway, including, but not limited to, where arising out of the following: (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 Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter); (d) any variation in the Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant; or (f) use of the Prize.
If the Giveaway 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Giveaway.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA, or any other applicable legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions in respect of goods and services supplied (if any), the Promoter’s liability for breach of such a condition, warranty, other term or guarantee is limited to (at the Promoter’s election) to the extent it is able to do so: (1) in the case of supply of goods, the Promoter doing any one or more of the following: (a) replacing the goods or supplying equivalent goods (b) repairing the goods (c) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (d) paying the cost of having the goods repaired; or (2) in the case of supply of services, the Promoter doing either or both of the following; (a) supply the services again; and/or (b) paying the cost of having the services supplied again. To the extent the Promoter is unable to limit its liability as set out in the previous sentence, the Promoter limits its liability to the extent such liability is lawfully able to be limited.
The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. By entering the Giveaway, and to the extent permitted by law, entrants hereby release Facebook and Instagram from any claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, in respect of the entrant’s participation in the Giveaway or any entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s). Any questions, comments or complaints about the Giveaway must be directed to the Promoter and not to Facebook or Instagram.
These Terms and Conditions are governed by the laws of New South Wales, Australia. Each entrant (whether or not an Eligible Entrant) submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Further information about the Giveaway is available at:
