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Terms & Conditions

Mitsubishi Heavy Industries 'Escape the Heat' 120 Day Challenge Promotion

Terms and Conditions

 

  1. General
    1. The Promoter is Mitsubishi Heavy Industries Air-Conditioners Australia Pty Ltd (ABN 92 133 980 275) of 9C Commercial Road, Kingsgrove NSW 2111
    2. The Promotion will be conducted in all Australian States and Territories. Permit Numbers: SA: T17/1891; ACT: TP 17/02033.1; NSW: LTPS/17/18407
    3. By participating in this Promotion, you accept these Terms and Conditions.
    4. In these Terms and Conditions, the following terms have the following meanings:
      • "MHIAA Participating Products" means the Mitsubishi Heavy Industries Air-Conditioners Australian products listed on summer2018.mhiaapromo.com
      • "Participating Dealers" means The Good Guys, Bunnings and any other distributors, dealers and installers that stock or sell MHIAA Participating Products and have opted to participate in this Promotion. The location of all Participating Dealers can be found on www.mhiaa.com.au.
      • "Prize" means any rewards set out in clause 3 of these Terms and Conditions.
      • "Promotion End Date" means 11:59 AEST on 30 April 2018.
      • "Purchase Period" means the period between 8.00am AEST on 1 November 2017 and ends at 11:59pm AEST on 31 March 2018.
  2. Eligibility
    1. The Promotion is only open to Australian residents aged 18 years or older who:
      1. are accredited air-conditioning installers with an appropriate trade licence to install air-conditioning/heat pump systems to residential or commercial units; and
      2. have registered to participate in this Promotion or in the Promoter's previous Winter Holiday Promotion.
    2. The following people are excluded from entering into the Competition:
      1. Management, employees, directors and contractors of the Promoter, its related entities, the Participating Retailers and other agencies, firms or companies associated with the Promotion (including suppliers of the prizes);
      2. The immediate family of any persons listed in clause (b)(i) and (ii), which 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 first cousin.
    3. For the avoidance of doubt, contractors of Participating Dealers may participate in this Promotion.
    ("Eligible Entrants")
  3. Prizes
    1. Eligible Entrants who fulfill the eligibility criteria in clause 4 below are entitled to the following Prizes:
      1. A cash back bonus on the MHIAA Participating Product purchased by their customer in form of an EFT payment to their bank account ("Cash Bonus"); and
      2. If the customer participates and wins a cash reward in the additional online scratch promotion offered to customers by the Promoter (Online Scratchie), Eligible Entrants may also win a further cash reward, the amount of which is determined in accordance with clause 5.
    2. The Cash Bonuse available to Eligible Entrants in respect of each MHIAA Participating Product can be found at summer2018.mhiaapromo.com
    3. The total Prize Pool for the Online Scratchie is a maximum of $25,000.00 (Total Prize Pool).
  4. Eligibility Criteria for Cash Bonus Claim
    1. In order for Eligible Entrants to become entitled to receive a Cash Bonus the following must occur:
      1. Eligible Entrants must either register for this Promotion or have registered for the Promoter's previous 'Winter Holiday Voucher Promotion';
      2. Eligible Entrants must recommend any MHIAA Participating Product to their customer;
      3. The customer must have purchased the MHIAA Participating Product during the Purchase Period from a Participating Dealer;
      4. The customer must have entered the MHIAA 2018 'Escape the Heat' 120 Day Challenge Promotion' prior to the Promotion End Date;
      5. The customer must have listed the Eligible Entrant as installer of the Participating Product by completing their entry form ("Form");
    2. The Form must be fully completed by the customer and received by the Promoter prior to the Promotion End Date in order for a Cash Bonus to be provided to you by the Promoter.
    3. By participating in this Promotion you agree to provide:
      1. All details requested by the Promoter, including but not limited to, your first name, surname, contact phone number, postal address, email address and date of birth;
      2. Your ABN;
      3. Your trade licence number;
      4. The installation address;
      5. Correct bank details for the electronic funds transfer (EFT).
    4. For the avoidance of doubt, all of the above mentioned information must be received by 5pm Friday 15, May 2018 (AEST).
    5. You are responsible for ensuring that your bank account details and email address are complete and accurate, and the Promoter accepts no responsibility or liability for incorrect banking or other details being provided.

      If your customer makes a Cash Bonus claim you will receive your Cash Bonus in form of an EFT payment to your bank account within four to six weeks from the date the customer has made the claim, providing their claim is valid.
  5. Participating in the Online Scratchie
    1. Your customer also has the chance to participate in the Online Scratchie after having made a Cash Bonus Claim.
    2. The Online Scratchie is being conducted by Hachiko Pty Ltd:
      Phone: (02) 8015-7700
      Email: info@hachiko.com.au
      Postal Address: 111A Union Street, McMahons Point NSW 2060
    3. The Online Scratchie is conducted via an instant pre-determined computer draw.
    4. Prizes under the Online Scratchie will be awarded at random intervals. The maximum Prizes available are up to 100 triple cash backs on the Cash Bonus and up to 300 double cash backs on the Cash Bonus until the Total Prize Pool has been reached.
    5. Customers may participate in only one Online Scratchie.
    6. If your customer's Online Scratchie has won a cash prize of either a double cash back or a triple cash back on their Cash Bonus then you will be entitled to either double or triple (whichever the customer's Online Scratchie has won) your Cash Bonus also.
    7. Installers will be notified via email whether their customers have won a cash prize and must make an election whether to accept their double or triple cash back, whether to claim one of the other available prizes or whether to save their reward to accumulate the value of a particular Prize
    8. The Online Scratchie is only available until the Promotion End Date. Customers cannot participate in the Online Scratchie thereafter.
  6. Further Entry Conditions
    1. The Promotion will conclude on the Promotion End Date.
    2. All entries must be received by the Promoter by the end of the Promotion End Date. Entries are deemed to have been received at the time of receipt into the Promoter’s database and not at the time of transmission by the entrant.
    3. Your customer can only submit their entry in accordance with clauses 4 and 5.The Promoter will not accept entries in any other form. Once submitted, your customer cannot change, alter or delete their entry.
    4. Automated entries and computer generated entries will not be accepted. Entrants who enter using multiple phone numbers, email addresses or aliases will be disqualified.
    5. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other instructions or guidelines notified by the Promoter during the entry process for the promotion.
    6. You and your customer are responsible for all costs associated with entering this Promotion.
  7. Entry Content
    1. In so far as applicable, you are required to take full responsibility for the content of your entry and for ensuring that your entry complies with these Terms and Conditions and any other instructions provided by the Promoter. For the purposes of these Terms and Conditions, "entry content" includes any content (including text, photos, videos and email messages) that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.
    2. Your entry content must not:
      1. Include any content that is in violation of any law or regulation;
      2. Be fraudulent, deceptive or misleading in any way; or
      3. Include any content that infringes the rights of any person.
    3. By entering this promotion, you agree to assign all rights in your entry to the Promoter and you consent to the Promoter (or the agencies/companies associated with the Promoter) using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), in marketing, advertising and promotional materials, on the Promoter’s websites and social media platforms or in any other manner as determined by the Promoter, without payment to you (of royalties, compensation or otherwise) on a perpetual, world-wide and irrevocable basis.
  8. Determining and notifying winners
    1. The Promoter and the companies and agencies associated with this promotion may publish the name, country and state/territory of residence for winners on their websites, social media platforms and in trade publications. By entering this promotion, each entrant consents to this and requests that his or her full address not be published.
  9. Conditions applicable to the Prizes
    1. Prizes are not transferable, exchangeable for any other item.
    2. The value of each Prize is inclusive of GST.
    3. The Promoter accepts no responsibility for any variation in the value of a Prize after that time.
    4. If a Prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the any relevant gaming authorities as required.
    5. If a Prize is not accepted or claimed in accordance with the Terms and Conditions, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the relevant unclaimed Prize in accordance with the details specified in these Terms and Conditions, subject to any directions given by any relevant gaming authority.
    6. Since this Promotion is conducted via instant draws, the Promoter reserves its right to forfeited any unclaimed Prizes.
    7. You acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of your ineligibility to enter into this Promotion after the Promoter has awarded a Prize to you. In any such event, return of the Prize to the Promoter may be required by the Promoter.
  10. Promoter's Rights
    1. The Promoter reserves the right, at any time, to verify the validity of entries 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 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.
    2. 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:
      1. To disqualify any entrant; or
      2. Subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
    3. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties including but not limited to agents, employees and service providers assisting with this Promotion. Entry is conditional on providing this information. The Promoter will keep your personal information for only as long as is necessary to carry out the purpose(s) described above (unless we are required or permitted by law to hold the information for a longer period). The Promoter may, if the entrant has opted in on the entry form, and, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with the Promoter’s privacy policy at https://mhiaa.com.au/index.php/about-us/privacy-policy-terms-of-use.
      Entrants should direct any request to access, update, correct information or opt out to the Promoter.
    4. All entries become the property of the Promoter.
    5. The Promoter’s decisions in connection with the promotion are final and no correspondence will be entered into.
    6. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought.
    7. Entrants and winners may be required to provide proof of identity, proof of age and proof of residency to verify their entry. Identification considered suitable for verification is at the Promoter’s discretion and retain their delivery invoice to demonstrate their proof of purchase to the Promoter to verify that the relevant prize should be awarded. If an entrant/winner fails to provide proof of identity and/or proof of purchase by the time and date stipulated by the Promoter, their entry/Prize claim will be deemed invalid at the Promoter’s discretion.
  11. No Liability of the Promoter
    1. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters’ ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in their absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to state government legislation.
    2. 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 Promotion and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees").
    3. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, 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 the Promotion, including but not limited to the following:
      1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
      2. any theft, unauthorised access or third party interference;
      3. any entry 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;
      4. any loss or damage to a Prize in transit;
      5. any tax liability incurred; or
      6. the use or enjoyment of a Prize.
Set Model No. Consumer Holiday Voucher
Ducted Systems Indoor Model Outdoor Model kW
FDUA71AVNXAVF FDUA71VF FDCA71VNX 7.1kW $100.00
FDUA100AVNVF2 FDUA100VF FDCA100VN 10kW $100.00
FDUA125AVNXVF FDUA125VF FDCA125VNX 12.5kW $200.00
FDUA140AVNXVF FDUA140VF FDCA140VNX 14kW $200.00
FDUA140AVSXVF FDUA140VF FDCA140VSX 14kW $200.00
FDUA160AVSAVF FDUA160VF FDCA160VSA 16kW $200.00
FDUA200AVSAVG FDUA200VG FDCA200VSA 20kW $400.00
High Wall Split Systems Indoor Model Outdoor Model kW
DXK06ZM-Set DXK06ZM-S DXC06ZM-S 2.0kW $50.00
DXK09ZMA-Set DXK09ZMA-S DXC09ZMA-S 2.5kW $50.00
DXK12ZMA-Set DXK12ZMA-S DXC12ZMA-S 3.3kW $100.00
DXK18ZMA-Set DXK18ZMA-S DXC18ZMA-S 5kW $100.00
DXK21ZMA-Set DXK21ZMA-S DXC21ZMA-S 6.3kW $100.00
DXK24ZMA-Set DXK24ZMA-S DXC24ZMA-S 7.1kW $100.00
DXK28ZMA-Set DXK28ZMA-S DXC28ZMA-S 8kW $100.00
DXK32ZMA-Set DXK32ZMA-S DXC32ZMA-S 9.2kW $100.00
SRK10YL-Set SRK10YL-S SRC10YL-S 2.5kW $100.00
SRK13YL-Set SRK13YL-S SRC13YL-S 3.5kW $100.00
SRK18YL-Set SRK18YL-S SRC18YL-S 5kW $100.00
SRK24YMA-Set SRK24YMA-S SRC24YMA-S 7.1kW $100.00
SRK20ZMA-Set SRK20ZMA-S SRC20ZMA-S 2.0kW $50.00
SRK25ZMA-Set SRK25ZMA-S SRC25ZMA-S 2.5kW $50.00
SRK35ZMA-Set SRK35ZMA-S SRC35ZMA-S 3.3kW $100.00
SRK50ZMA-Set SRK50ZMA-S SRC50ZMA-S 5kW $100.00
SRK63ZMA-Set SRK63ZMA-S SRC63ZMA-S 6.3kW $100.00
SRK71ZMA-Set SRK71ZMA-S SRC71ZMA-S 7.1kW $100.00
SRK80ZMA-Set SRK80ZMA-S SRC80ZMA-S 8kW $100.00
SRK92ZMA-Set SRK92ZMA-S SRC92ZMA-S 9.2kw $100.00
SRK20ZMXA-Set SRK20ZXMA-S SRC20ZMXA-S 2.0kW $50.00
SRK20ZSA-W-Set SRK20ZSA-W SRC20ZSA-W 2.0kW $50.00
SRK25ZSA-W-Set SRK25ZSA-W SRC25ZSA-W 2.5kW $50.00
SRK35ZSA-W-Set SRK35ZSA-W SRC35ZSA-W 3.5kW $100.00
SRK50ZSA-W-Set SRK50ZSA-W SRC50ZSA-W 5.0kW $100.00
SRK71ZRA-W-Set SRK71ZRA-W SRC71ZRA-W 7.1kW $100.00
SRK80ZRA-W-Set SRK80ZRA-W SRC80ZRA-W 8.0kW $100.00
DXK06ZSA-W-Set DXK06ZSA-W DXC06ZSA-W 2.0kW $50.00
DXK09ZSA-W-Set DXK09ZSA-W DXC09ZSA-W 2.5kW $50.00
DXK12ZSA-W-Set DXK12ZSA-W DXC12ZSA-W 3.5kW $100.00
DXK18ZSA-W-Set DXK18ZSA-W DXC18ZSA-W 5.0kW $100.00
DXK24ZRA-W-Set DXK24ZRA-W DXC24ZRA-W 7.1kW $100.00
DXK28ZRA-W-Set DXK28ZRA-W DXC28ZRA-W 8.0kW $100.00

Installer Terms Conditions

Mitsubishi Heavy Industries ‘Escape the Heat’ 120 Day Challenge Promotion

Terms and Conditions

 

  1. General
    1. The Promoter is Mitsubishi Heavy Industries Air-Conditioners Australia Pty Ltd (ABN 92 133 980 275) of 9C Commercial Road, Kingsgrove NSW 2111
    2. The Promotion will be conducted in all Australian States and Territories. Permit Numbers: SA: T17/1891; ACT: TP 17/02033.1; NSW: LTPS/17/18407
    3. By participating in this Promotion, you accept these Terms and Conditions.
    4. In these Terms and Conditions, the following terms have the following meanings:
      • “MHIAA Participating Products” means the Mitsubishi Heavy Industries Air-Conditioners Australian products listed on summer2018.mhiaapromo.com
      • “Participating Dealers” means The Good Guys, Bunnings and any other distributors, dealers and installers that stock or sell MHIAA Participating Products and have opted to participate in this Promotion. The location of all Participating Dealers can be found on www.mhiaa.com.au.
      • “Prize” means any rewards set out in clause 3 of these Terms and Conditions.
      • “Promotion End Date” means 11:59 AEST on 30 April 2018.
      • “Purchase Period” means the period between 8.00am AEST on 1 November 2017 and ends at 11:59pm AEST on 31 March 2018.
  2. Eligibility
    1. The Promotion is only open to Australian residents aged 18 years or older who:
      1. are accredited air-conditioning installers with an appropriate trade licence to install air-conditioning/heat pump systems to residential or commercial units; and
      2. have registered to participate in this Promotion or in the Promoter’s previous Winter Holiday Promotion.
    2. The following people are excluded from entering into the Competition:
      1. Management, employees, directors and contractors of the Promoter, its related entities, the Participating Retailers and other agencies, firms or companies associated with the Promotion (including suppliers of the prizes);
      2. The immediate family of any persons listed in clause (b)(i) and (ii), which 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 first cousin.
    3. For the avoidance of doubt, contractors of Participating Dealers may participate in this Promotion.

    (“Eligible Entrants”)

  3. Prizes
    1. Eligible Entrants who fulfill the eligibility criteria in clause 4 below are entitled to the following Prizes:
      1. A cash back bonus on the MHIAA Participating Product purchased by their customer in form of an EFT payment to their bank account (“Cash Bonus“); and
      2. If the customer participates and wins a cash reward in the additional online scratch promotion offered to customers by the Promoter (Online Scratchie), Eligible Entrants may also win a further cash reward, the amount of which is determined in accordance with clause 5.
    2. The Cash Bonuse available to Eligible Entrants in respect of each MHIAA Participating Product can be found at summer2018.mhiaapromo.com
    3. The total Prize Pool for the Online Scratchie is a maximum of $25,000.00 (Total Prize Pool).
  4. Eligibility Criteria for Cash Bonus Claim
    1. In order for Eligible Entrants to become entitled to receive a Cash Bonus the following must occur:
      1. Eligible Entrants must either register for this Promotion or have registered for the Promoter’s previous ‘Winter Holiday Voucher Promotion’;
      2. Eligible Entrants must recommend any MHIAA Participating Product to their customer;
      3. The customer must have purchased the MHIAA Participating Product during the Purchase Period from a Participating Dealer;
      4. The customer must have entered the MHIAA 2018 ‘Escape the Heat’ 120 Day Challenge Promotion’ prior to the Promotion End Date;
      5. The customer must have listed the Eligible Entrant as installer of the Participating Product by completing their entry form (“Form“);
    2. The Form must be fully completed by the customer and received by the Promoter prior to the Promotion End Date in order for a Cash Bonus to be provided to you by the Promoter.
    3. By participating in this Promotion you agree to provide:
      1. All details requested by the Promoter, including but not limited to, your first name, surname, contact phone number, postal address, email address and date of birth;
      2. Your ABN;
      3. Your trade licence number;
      4. The installation address;
      5. Correct bank details for the electronic funds transfer (EFT).
    4. For the avoidance of doubt, all of the above mentioned information must be received by 5pm Friday 15, May 2018 (AEST).

    5. You are responsible for ensuring that your bank account details and email address are complete and accurate, and the Promoter accepts no responsibility or liability for incorrect banking or other details being provided.

      If your customer makes a Cash Bonus claim you will receive your Cash Bonus in form of an EFT payment to your bank account within four to six weeks from the date the customer has made the claim, providing their claim is valid.

  5. Participating in the Online Scratchie
    1. Your customer also has the chance to participate in the Online Scratchie after having made a Cash Bonus Claim.
    2. The Online Scratchie is being conducted by Hachiko Pty Ltd:
      Phone: (02) 8015-7700
      Email: info@hachiko.com.au
      Postal Address: 111A Union Street, McMahons Point NSW 2060
    3. The Online Scratchie is conducted via an instant pre-determined computer draw.
    4. Prizes under the Online Scratchie will be awarded at random intervals. The maximum Prizes available are up to 100 triple cash backs on the Cash Bonus and up to 300 double cash backs on the Cash Bonus until the Total Prize Pool has been reached.
    5. Customers may participate in only one Online Scratchie.
    6. If your customer’s Online Scratchie has won a cash prize of either a double cash back or a triple cash back on their Cash Bonus then you will be entitled to either double or triple (whichever the customer’s Online Scratchie has won) your Cash Bonus also.
    7. Installers will be notified via email whether their customers have won a cash prize and must make an election whether to accept their double or triple cash back, whether to claim one of the other available prizes or whether to save their reward to accumulate the value of a particular Prize
    8. The Online Scratchie is only available until the Promotion End Date. Customers cannot participate in the Online Scratchie thereafter.
  6. Further Entry Conditions
    1. The Promotion will conclude on the Promotion End Date.
    2. All entries must be received by the Promoter by the end of the Promotion End Date. Entries are deemed to have been received at the time of receipt into the Promoter’s database and not at the time of transmission by the entrant.
    3. Your customer can only submit their entry in accordance with clauses 4 and 5.The Promoter will not accept entries in any other form. Once submitted, your customer cannot change, alter or delete their entry.
    4. Automated entries and computer generated entries will not be accepted. Entrants who enter using multiple phone numbers, email addresses or aliases will be disqualified.
    5. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other instructions or guidelines notified by the Promoter during the entry process for the promotion.
    6. You and your customer are responsible for all costs associated with entering this Promotion.
  7. Entry Content
    1. In so far as applicable, you are required to take full responsibility for the content of your entry and for ensuring that your entry complies with these Terms and Conditions and any other instructions provided by the Promoter. For the purposes of these Terms and Conditions, “entry content” includes any content (including text, photos, videos and email messages) that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.
    2. Your entry content must not:
      1. Include any content that is in violation of any law or regulation;
      2. Be fraudulent, deceptive or misleading in any way; or
      3. Include any content that infringes the rights of any person.
    3. By entering this promotion, you agree to assign all rights in your entry to the Promoter and you consent to the Promoter (or the agencies/companies associated with the Promoter) using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), in marketing, advertising and promotional materials, on the Promoter’s websites and social media platforms or in any other manner as determined by the Promoter, without payment to you (of royalties, compensation or otherwise) on a perpetual, world-wide and irrevocable basis.
  8. Determining and notifying winners
    1. The Promoter and the companies and agencies associated with this promotion may publish the name, country and state/territory of residence for winners on their websites, social media platforms and in trade publications. By entering this promotion, each entrant consents to this and requests that his or her full address not be published.
  9. Conditions applicable to the Prizes
    1. Prizes are not transferable, exchangeable for any other item.
    2. The value of each Prize is inclusive of GST.
    3. The Promoter accepts no responsibility for any variation in the value of a Prize after that time.
    4. If a Prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the any relevant gaming authorities as required.
    5. If a Prize is not accepted or claimed in accordance with the Terms and Conditions, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the relevant unclaimed Prize in accordance with the details specified in these Terms and Conditions, subject to any directions given by any relevant gaming authority.
    6. Since this Promotion is conducted via instant draws, the Promoter reserves its right to forfeited any unclaimed Prizes.
    7. You acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of your ineligibility to enter into this Promotion after the Promoter has awarded a Prize to you. In any such event, return of the Prize to the Promoter may be required by the Promoter.
  10. Promoter’s Rights
    1. The Promoter reserves the right, at any time, to verify the validity of entries 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 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.
    2. 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:
      1. To disqualify any entrant; or
      2. Subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
    3. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties including but not limited to agents, employees and service providers assisting with this Promotion. Entry is conditional on providing this information. The Promoter will keep your personal information for only as long as is necessary to carry out the purpose(s) described above (unless we are required or permitted by law to hold the information for a longer period). The Promoter may, if the entrant has opted in on the entry form, and, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with the Promoter’s privacy policy at https://mhiaa.com.au/index.php/about-us/privacy-policy-terms-of-use.
      Entrants should direct any request to access, update, correct information or opt out to the Promoter.
    4. All entries become the property of the Promoter.
    5. The Promoter’s decisions in connection with the promotion are final and no correspondence will be entered into.
    6. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought.
    7. Entrants and winners may be required to provide proof of identity, proof of age and proof of residency to verify their entry. Identification considered suitable for verification is at the Promoter’s discretion and retain their delivery invoice to demonstrate their proof of purchase to the Promoter to verify that the relevant prize should be awarded. If an entrant/winner fails to provide proof of identity and/or proof of purchase by the time and date stipulated by the Promoter, their entry/Prize claim will be deemed invalid at the Promoter’s discretion.
  11. No Liability of the Promoter
    1. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters’ ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in their absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to state government legislation.
    2. 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 Promotion and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees“).
    3. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, 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 the Promotion, including but not limited to the following:
      1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
      2. any theft, unauthorised access or third party interference;
      3. any entry 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;
      4. any loss or damage to a Prize in transit;
      5. any tax liability incurred; or
      6. the use or enjoyment of a Prize.