“CUB SPORT ALBUM PRE-ORDER” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  1. Entry is only open to NSW, VIC, SA, WA and QLD residents aged 18 years or over.
  1. Employees (and their immediate families) of the Promoterand 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. 
  1. Entries into the promotion open on 20 May 2020 and close at 6:00PM AEST on 30 July 2020 (“Promotional Period”).
  1. To enter, individuals must pre-order Cub Sport’s upcoming album “LIKE NIRVANA” in any format (digital, CD, vinyl or cassette) as a standalone product or in a bundle from http://cubsport.aracastores.com/during the Promotional Period. For removal of doubt, only bundles which include “LIKE NIRVANA” are eligible. 
  1. Multiple entries are permitted. Individuals will receive one (1) automatic entry for each “LIKE NIRVANA” format/product purchased. For example, if an individual purchases the #1 Stan Bundle, they will receive four (4) automatic entries into the draw.
  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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of thepromotion. 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  1. 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.
  1. The draw will take place at Believe Music, 100 Webb Street Fitzroy 3065 on 31 July 2020 at 12:00PM AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by emailwithin two (2) business days of the draw.  The winner will be published on Cub Sport’s official social media accounts at https://www.facebook.com/CubSport/, https://instagram.com/cubsport and https://twitter.com/cubsportmusic  from 3 August 2020. 
  1. The Promoter’s decision is final and no correspondence will be entered into.
  1. The first valid entry drawn will win two (2) x tickets to a show of their choice in Sydney, Melbourne, Brisbane, Adelaide or Perth on the upcoming Cub Sport Australian tour scheduled to take place from April to June 2021 valued at up to AU$500. Prize includes AAA show access and personal Meet & Greet for the winner and their companion. The winner and their companion are responsible for their own travel to and from the selected show. 
  1. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
  1. Subject to the unclaimed prize draw clause, if for any reason the winner does not take/redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 
  1. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  1. The ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or their companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  1. Total prize pool value is up to AU$500. 
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
  1. If the prize remains unclaimed by 11:59PM AEDT on 31 October 2020, an unclaimed prize draw will take place on 2 November 2020 at the same time and place as the original draw. The winner, if any, will be notified by emailwithin two (2) business days of the draw and their name will be published on Cub Sport’s official social media accounts at https://www.facebook.com/CubSport/, https://instagram.com/cubsport and https://twitter.com/cubsportmusic from 5 November 2020.
  1. 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.
  1. 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.
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 
  1. 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, 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”). 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 the promotion.
  1. 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: (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 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) if the appearance of any or all of the Cub Sport or the prize event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at the prize event.
  1. The Promoter and Araca Merch Australia Pty Ltd (ABN 38 614 650 627) (“Araca”) collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and Araca will also use and handle PI as set out in Araca’s Privacy Policy, which can be viewed at http://cubsport.aracastores.com/index.php/privacy-policy. The 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. The Promoter and Araca will not disclose PI to any entity outside of Australia. 
  1. The Promoter is Z.L Davis & T Nelson & S.J Netterfield & D.A Puusaari t/as Cub Sport (ABN 83 608 760 920) of 100 Webb Street Fitzroy 3065.

NSW Permit No. LTPS/20/43735