1) About these Promotion Terms

1.1 These terms and conditions (Promotion Terms) and the Schedule (Schedule) apply to the above promotion, as described in the schedule (Promotion).

1.2 By entering into this Promotion, you acknowledge and agree with these Promotion Terms and the Schedule.

2) Entry requirements

2.1 Entry is open to Australian residents aged 18 years or over, who, at all times during the Promotion Period (from the Promotion Start Date to the Promotion End Date), hold either a valid and active:
(a) M11 Club membership; or
(b) Limited Access pass (7-day, 14-day, 90-day, 180-day or 365-day),

but does not include individuals who are Restricted Persons.

2.2 The Promoter will refuse entry to any person who is not eligible to enter the Promotion, and may apply eligibility and location verification controls at the point of entry for that purpose.

2.3 The Promoter may, at any time, require entrants to provide proof of eligibility. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity and details) and to disqualify any entrant who submits an entry that is not in accordance with these Promotion Terms or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

3) How to enter

3.1 Entries are free. Members pay for access to the Discount Portal (through a membership or a Limited Access pass), not for entries. Entries come as a free bonus with that access, in the numbers set out in the Entry Allocations in the Schedule. Entries are not sold on their own. There is no maximum number of entries.

3.2 Bonus entries are credited to you through the Entry Procedure in the number set out in the Entry Allocations in the Schedule. You may hold bonus entries from your membership, from your membership entry pile, and from one or more Limited Access passes. They are added together and there is no limit on your total number of entries for the Promotion.

3.3 To enter the Promotion, entrants must complete the Entry Procedure during the Promotional Period (from the Promotion Start Date to the Promotion End Date). Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.

3.4 Entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt by the Promoter and not at the time of transmission.

3.5 The use of automated entry software or other mechanical, electronic or any other means that allow an entrant to tamper with the Promotion process or automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by an entrant invalid.

3.6 Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Promotion Terms or the Schedule as reasonably determined by the Promoter, or any other guidelines reasonably notified by the Promoter during completion of the Entry Procedure.

4) Entries

4.1 The draw will be conducted so that each entry has a random and equal chance of being drawn.

4.2 Entries cannot be transferred, sold or exchanged.

4.3 Entrants may only enter in their own name.

4.4 There is no limit on the number of entries a person may hold for the Promotion. Entries are a free bonus that comes with access to the Discount Portal and are not sold separately. Each person may hold only one account for the Promotion. Any entries credited through a second or further account held by the same person are invalid. This clause applies to the extent permitted by law.

5) Details of the draw

5.1 The Promotion is a game of chance. The winner is selected by random draw using an electronic drawing system based on a random number generator, approved in accordance with applicable regulatory requirements.

5.2 The draw will occur on the Draw Date And Time, and at the Draw Location, as stated in the Schedule.

5.3 If required by law, an independent scrutineer will supervise the draw.

5.4 The Promoter’s decisions relating to the Promotion are final, subject to applicable laws or regulatory requirements.

6) Winner

6.1 The winner will be contacted immediately after the draw during a live Instagram. All eligible entrants agree to be streamed or broadcast live for this purpose.

6.2 The winner will be published in accordance with the Publication Details outlined in the Schedule, and we will write to the Prize winner confirming their win in accordance with the details provided by the winner.

6.3 The Promoter will make every reasonable effort to locate the winner and to deliver the Prize, using all contact details provided by the entrant. The Promoter is not liable for any delay or failure to contact a winner that is caused by the winner having provided contact details that are incorrect, incomplete or out of date.

6.4 There are no costs for the winner to accept the Prize. For clarity, and to the extent permitted by law, any ancillary costs incurred as a result of taking the Prize are not included in the Promotion or the Prize and are the winners’ responsibility.

7) Prize

7.1 Prize details (including total prize pool value and any conditions) are set out in the Schedule.

7.2 Unless otherwise stated in the Schedule, Prizes are final, are not transferable or exchangeable (and where relevant, cannot be redeemed for cash).

7.3 The Prize may be substituted where the Promoter and the winner have agreed in writing to the substitution, and the substituted prize is similar to, and of the same or greater value than, the Prize.

7.4 Prizes will be transferred to verified winners within 28 days of the draw taking place.

8) Marketing, Publicity, and Content

8.1 By accepting a Prize, the winner agrees to participate in reasonable promotional and marketing activities connected with the Promotion, including interviews, photography, filming and other publicity activities, as reasonably requested by the Promoter.

8.2 The winner consents to the Promoter and/or its partners recording images, photographs, video and audio of the winner in connection with the Promotion (Content).

8.3 Intellectual property rights in the Content vest in the Promoter upon creation. To the extent that the winner holds any intellectual property rights in the Content, the winner grants the Promoter and its partners a perpetual, royalty free, worldwide and irrevocable licence to use, reproduce, edit, adapt, publish and communicate the Content (including edited versions of the Content) in any media, for the purpose of promoting the Promoter’s brand, products and services.

8.4 To the extent permitted by law, the winner releases the Promoter, its related bodies corporate, partners, contractors and agents from any liability, loss or claim arising out of the winner’s participation in promotional activities or the creation and use of the Content, except for liability that cannot be excluded under applicable law.

9) Disqualification and integrity

9.1 To the extent permitted by law, we may disqualify any entry or entrant, or cancel any Prize awarded and reward the Prize, if we reasonably believe there has been:
(a) any entry or entrant that is not in accordance with these Promotion Terms or the Schedule;
(b) a breach of these Promotion Terms or the Schedule;
(c) an entrant has provided false or misleading information;
(d) any fraud, dishonesty or misleading conduct;
(e) any cheating;
(f) any tampering with the entry process or the conduct of the Promotion; or
(g) any conduct that may jeopardise the fair and proper conduct of the Promotion.

9.2 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

10) Changes, suspension or cancellation

10.1 If for any reason beyond the Promoter’s reasonable control a Promotion is not capable of running as reasonably anticipated (including due to technical failure, tampering, fraud, or regulatory direction), the Promoter may, to the fullest extent permitted by law, modify, suspend, terminate or cancel the Promotion, as appropriate in the discretion of the Promoter.

10.2 Any update to these Promotion Terms will be published on the Promoter’s website and social media pages.

11) Redraw

11.1 If a Prize remains unclaimed, a redraw will be conducted in accordance with the Unclaimed Prize Draw in the Schedule.

11.2 If the winner declines the Prize in writing, or is disqualified under clause 9 before the Prize has been delivered, the Promoter will conduct a redraw in accordance with the Unclaimed Prize Draw provisions in the Schedule.

11.3 Any redraw winner will be notified in the same manner as the original winner.

12) Liability

12.1 Nothing in these Promotion Terms limits any rights you may have under the Australian Consumer Law or other non excludable guarantees.

12.2 To the extent permitted by law, and subject to clause 12.1, the Promoter (including its officers, employees and agents) is not liable for loss or damage arising in connection with the Promotion that is caused by technical issues, theft, unauthorized access, or late or misdirected entries, except to the extent the loss or damage is caused by the Promoter’s negligence, fraud or wilful misconduct.

13) Warranties

13.1 By entering this promotion, each entrant represents and warrants that:
(a) the entrant is eligible to enter;
(b) the entrant is not a resident of South Australia, New South Wales, the Australian Capital Territory or the Northern Territory at the time of entry; and
(c) all information provided by the entrant to us is true and correct.

14) Privacy

14.1 The Promoter collects personal information to conduct the Promotion and to award the Prize. The Promoter may, for this purpose, disclose personal information to third parties including but not limited to agents, contractors, service providers, prize suppliers and any relevant regulator or government body for those purposes.

14.2 The Promoter handles personal information in accordance with its Privacy Policy (available on the Promoter’s website https://m11club.com.au/).

14.3 In addition to conducting the Promotion and awarding the Prize, the Promoter will use entrants’ personal information only for the following purposes:
(a) verifying eligibility and identity;
(b) contacting entrants about the Promotion;
(c) direct marketing of the Promoter’s goods and services by email, SMS and telephone, from which the entrant may unsubscribe at any time at no cost;
(d) internal research and analytics to improve the Promoter’s products and services; and
(e) disclosure to the parties listed in clause 14.1 for the purposes above. The Promoter will not use entrants’ personal information for any other purpose.

15) Applicable Law

15.1 Entry into this promotion is subject to all applicable Commonwealth, State and Territory laws and regulations and is void where prohibited by law.

15.2 The Promotion is a trade promotion conducted to promote the M11 Club Platform, and will be conducted so as to benefit primarily the business being promoted.

15.3 In certain jurisdictions, applicable laws may restrict, condition or prohibit participation in the promotion or the award, transfer, registration or delivery of particular prizes within that jurisdiction. Where such restrictions apply, we reserve the right to:
(a) refuse entry from residents of that jurisdiction where required by law;
(b) substitute, at our absolute discretion, a prize with a lawful alternative of equal or greater value (including, at our discretion, a cash alternative); and/or
(c) take any other action necessary, including but not limited to declaring an entry or entries invalid, in order to ensure compliance with applicable legislation.

15.4 Nothing in these Promotion Terms is intended to permit any act or omission, which would contravene applicable laws.

16) Governing Law

16.1 These Promotion Terms, the Schedule and each Promotion are governed by the laws of Victoria, Australia. You submit to the non exclusive jurisdiction of the courts of Victoria.

17 Interpretation

17.1 For the purpose of this Promotion, if there is any inconsistency between these Promotion Terms, the Schedule, the General Terms and any other document or Statement made by the Promoter, the following order of precedence applies:
(a) the Schedule;
(b) these Promotion Terms;
(c) the General Terms; and
(d) Any other document or Statement made by the Promoter.

17.2 Capitalized words in the above Promotion Terms that are not defined in these Promotion Terms, have the meaning provided in the Schedule.

17.3 Capitalized words in the Schedule or the Promotion Terms which are not defined in the Schedule or the Promotion Terms, have the meaning provided in the General Terms here https://m11club.com.au/