31. The Promoter reserves the right to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and address) and to disqualify any entrant who submits an entry that is not in accordance with these conditions of entry, who tampers with the entry process or a receipt, or engages in any unlawful or other improper misconduct which jeopardises the fair and proper conduct of the Promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights and the Promoter’s legal rights to recover damages or other compensation from such offenders are reserved.
32. Incomplete or indecipherable entries will be deemed invalid.
33. If there is a dispute as to the identity of an Eligible Entrant, the Promoter or Agency reserves the right, in its absolute discretion, to determine the identity of the Eligible Entrant.
34. Any incorrect details submitted via the Website may render the corresponding entry invalid.
35. The Promoter’s decision is final and no correspondence will be entered into.
36. If for any reason whatsoever beyond the reasonable control of the Promoter or Agency, the Promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or to cancel or withdraw the Promotion.
37. Unless expressly stated within these Conditions of Entry regarding all Prizes, all other expenses become the responsibility of the winner.
38. Eligible Entrants must have the bill payer’s consent to use the internet or mobile internet to access the Website. Downloading, accessing and using web-based content may incur data charges. Data charges will remain at all times the responsibility of the Eligible Entrant. The Eligible Entrant should contact their internet service provider or mobile carrier for any further information.
39. Nothing in these conditions of entry limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these conditions of entry would contravene any statute or cause any part of these conditions of entry to be void (Non-Excludable Guarantees). Subject to the limitations in the preceding sentence, the Promoter excludes from these conditions of entry all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, 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 entry or 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 tax implications; (e) any variation in Prize value to that stated in these Conditions of Entry; (f) any tax liability incurred by a winner or Eligible Entrant and/or (g) a Prize or use of a Prize.
40. Entries will be deemed received at the time of receipt by the Promoter and not at the time of transmission. No responsibility is accepted for late, lost or misdirected entries.
41. No compensation will be payable to any person if a winner is unable to claim a Prize for whatever reason.