MOTIV8SPORTS 2023 MEGA PRIZE GIVEAWAY PROMOTION

Licence Type: Trade Promotion
Licence Number: TP/02376

CONDITIONS OF ENTRY

1. The “Motiv8sports Mega Prize Give Away Promotion” (“Promotion”) is conducted by Motiv8sports Franchising Pty Ltd (ABN 84 622 582 683) of 24/322 Annangrove Rd, Rouse Hill NSW 2155 (“Promoter”).
2. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry and can be located on www.motiv8sports.com.au (the “Promotional Website”). Entry into the Promotion is deemed acceptance of these Conditions of Entry by each Entrant.
3. Unless otherwise indicated, all times and dates specified in these Conditions of Entry are times and dates in Sydney, Australia which may be in the time zones AEST or AEDT depending on the date.
4. In these Conditions of Entry, Motiv8sports Locations that are participating in the Promotion are referred to as “Locations”.

PROMOTIONAL DATES

5. Promotion starts at 00:01 (Sydney Time) on 1 January 2023 and ends at 23:59 (Sydney Time) on 31 December 2023 (the “Promotional Period”).
6. Eligible events may be attended between at 00:01 (Local Time) on 1 January 2023 and 23:59 (Local Time) on 31 December 2023 (the “Promotional Period”).

ELIGIBILITY

7. Entry into the Promotion is only open to Australian citizens and permanent residents (“Australian Residents”) aged five (5) years and older as at the time of entry who remain Australian Residents for the duration of the Promotional Period (“Entrants”). The directors, management and employees (and their immediate family) of the Promoter, its related entities, related bodies corporate or franchisees, printers, suppliers, providers, software providers and developers, and agencies associated with this Promotion are ineligible to enter the Promotion. 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.
8. Entrants must be or become members of Motiv8sports and remain registered members for the duration of the Promotional Period in the manner required as set out in these Conditions of Entry in order to be eligible for a prize
9. Entrants aged less than 18 years must obtain the consent of their parent or legal guardian to enter the Promotion and provide personal information about themselves. All entries of Entrants who are aged less than 18 years who enter the Promotion while attempting to conceal (or without disclosing) their age (as and where required) and/or do not provide the required parental or legal guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged less than 18 years). Persons who are aged more than 12 years old are ineligible to enter and participate in the Promotion. All entries and attempted prize redemptions of persons who are aged more than 12 years old will be deemed invalid.

ELIGIBLE EVENTS

10. In this Promotion, each of the events listed in the table below (“Eligible Event Table”), when attended at a Motiv8sports Location during the Purchase Period is an “Eligible Event”. The Eligible Event entitles the purchaser, subject to these Conditions of Entry, to the corresponding number of promotional entries (each a “Entry”) in Column 2 of the Eligible Event Table;

 

 

 

Eligible Event	Entries
Motiv8sports Summer Camp	1
Motiv8sports Super Camp	1
Motiv8sports Games	1
Motiv8sports Big Battle	1
Motiv8sports VIP Christmas Party	1
Motiv8sports Showdown Shield	1
Motiv8sports After School Clinic	1
Motiv8sports 4 on 4 FSL Tournament	1
Motiv8sports 5 on 5 Footy Fanatics Tournament	1
Motiv8sports hosted Birthday Party (as the event holder not guest)	1

 

ENTRIES CANNOT BE TRANSFERRED

11. A Entry cannot be transferred by the Entrant who attended the Eligible Event, to any other person, whether by gift, sale, trade, barter, auction or otherwise by ‘transferring to another’, and whether the transaction was initiated privately or in a public forum, including but not limited to via online auction or purchase sites (for example eBay and Gumtree) or used for any other purpose. Such online auction or purchase sites may not permit the sale of lottery tickets on their sites and also generally prohibit their users from infringing any laws, third party rights or the policies of the site itself.
12. Any Entry that has been transferred is void and accordingly, a prize claim that includes any Entry that has been so transferred is invalid. Any person who is a party to such a transfer may be refused entry into or disqualified from participating in the Promotion in the Promoter’s sole discretion.
13. Notwithstanding the prohibition on Entry transfer, the Promoter is not required to establish in any case whether the Entry(s) in a prize claim has/have been transferred.

HOW TO ENTER

14. To enter, an Entrant must, during the Purchase Period:
15. attend at least (3) or more Eligible events from a participating Motiv8sports Location while Eligible Events are available in that participating Motiv8sports Location.
16. Entrants will receive one entry for every event attended once a minimum of (3) events have been attended. For the removal of doubt if (3) events are attended throughout the Promotional Period an entrant will receive (3) entries. If (4) events are attended, and entrant will receive (4) entries. If (5) events are attended an entrant will receive (5) entries.
17. there is no maximum entry limit other than the amount of events offered by Motiv8sports locations throughout the Promotional Period where (1) entry is provided for each event attended in accordance with clause 14.a and 14.b.
18. Entrants may attend events at multiple Motiv8sports locations and still receive (1) entry per event attended in accordance with clause 14.a and 14.b.

PRIZE DRAW

15. A draw will be held to award prizes at the offices of Motiv8sports Franchising Pty Ltd at 3:00pm on the 10^th of January 2024. In order to comply with national gaming regulations and legislation, an independent scrutineer will oversee the conduct of the Prize Draw and winner announcement as the total value of the prizes in this draw exceeds $10,000.
16. The Promoter may draw additional reserve entries in the Second Chance Draw and record them (in order) in case an invalid entry or ineligible entrant is drawn or if any Entrant drawn is unable to accept or decline to participate in a prize. In the event of an invalid entry or ineligible entrant in the Prize Draw, or if an Entrant drawn is unable to accept or declines to participate in a prize within ten (10) days of being successfully notified that they are a winner (if applicable), then the prize will be awarded to the first reserve entry drawn in the Second Chance Draw. The Promoter will continue this process until all prizes entered into the Prize Draw are awarded.

WINNER NOTIFICATION

17. All winners will be notified in writing. Each winner of Prize will be notified by mail or email to the mail or email address (as applicable) provided in their member information. Winners will be notified within seven (7) days of the applicable draw.

WINNER PUBLICATION

18. Details of winners of prizes (first name, last initial, prize, suburb and state) may, at the discretion of the Promoter and/or its nominated agent be published on the Promotional Website and any other Motiv8sports’ assets (including but not limited to outdoor, digital, social, CRM, in-app, in-store). Each winner of a prize valued at over $250.00 (first initial, surname and post code only) will be published on the Promotional Website and The Australian on 11 February 2024. The Promoter will only publish a winner’s first initial, surname and postcode.

WINNER VERIFICATION

19. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize (including confirmation that no online auction or purchase sites were used to obtain a Ticket) and any information submitted by the Entrant in entering the Promotion, before issuing a prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant, entry or Ticket has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
20. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry or prize verification process; (b) submitting an entry which is not in accordance with the Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
21. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole discretion.
22. The Promoter reserves the right to request a winner and their member(s) (their “member”) (if any) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity and age of the winner and their member(s) (if any) before issuing a prize and at any time during their participation in the prize.
23. It is a condition of accepting a prize that a winner (and their prize member(s) (if applicable)) may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) in a form determined by the Promoter in its absolute discretion. If a winner is under 18 years of age, the winner must ensure that the winner’s parent or guardian also agrees to and signs such documents (if requested by the Promoter).

INTELLECTUAL PROPERTY

24. For the purposes of these Conditions of Entry, “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, confidential information, trade secrets and knowhow and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
25. A prize claim and any copyright subsisting in a prize claim irrevocably becomes, at time of submission, the property of the Promoter. All right, title and interest, including in all Intellectual Property Rights, in all of the Tickets, Contingency Cards and in the Promoter’s brands, logos, trading names and products will remain or be vested in the Promoter.
26. Participation in the Promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products.
27. All Promotion advertisements depicting prizes, prize descriptions and/or trade mark references are illustrative rather than definitive and do not imply any association with the Promoter.

GENERAL

28. Individual Motiv8sports Locations may suspend or cease participation in the Promotion for any reason beyond the reasonable control of the location, including safety or participation delays caused by disease, epidemic, pandemic. If the Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of disease, epidemic, pandemic, war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide an alternative prize or prizes to the same value as an original prize or prizes, subject to any written directions made under applicable State or Territory legislation.
29. The Promoter, its franchisees and its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims.
30. Costs associated with accessing any Promotional Partner Website and downloading, using or installing the Application remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
31. All of the Promoter’s decisions in respect of the Promotion are final and no correspondence will be entered into.
32. No compensation will be payable to any person if a winner is unable to submit a prize claim for whatever the reason.
33. As a condition of entering this Promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s name, suburb, state, prize, postcode, likeness, image and/or voice (including photograph, film and/or recording of the same) in any location, media and digital assets worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promotion activities in relation to the Promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
34. As a condition of participating in a prize, a winner must procure that the winner’s Guest(s) (if any) also consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in the manner set out in Condition 33 and agrees to participate in all reasonable promoted activities in relation to the prize as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.

PRIZES

35. First prize – flights for a family of four (4) from Sydney, Australia to Los Angeles, California flying economy class on the airline as chosen by the Promotor. One (1) family pass to Disneyland Anaheim California. Four (4) nights’ accommodation at a 4 Star hotel within 15 minutes’ walk of Disneyland as chosen by the promotor. One thousand dollars ($1,000) spending money provided as travellers cheques or a pre paid VISA card. Travel Insurance is the responsibility of the winning party.
36. Second Prize – (if applicable) flights for 4 from any Australian capital city to the Gold Coast, Queensland. Two (2) adult and two (2) children’s Village Roadshow Escape Passes providing 3 Parks, 3 days entry to Warner Bros. Movie World, Sea World and Wet’n’Wild. Four (4) nights’ accommodation at a 4 Star hotel on the Gold Coast, Queensland as chosen by the promoter.
37. Third Prize – one thousand dollars ($1,000.00) Motiv8sports credit with a 3 year expiration valid for use at any Motiv8sports location.