Terms and Conditions

1. About these Promotion Terms
   1. These terms and conditions (Promotion Terms) and the Schedule (Schedule) apply to the above promotion, as described in the schedule (Promotion).
   2. By entering into this Promotion, you acknowledge and agree with these Promotion Terms and the Schedule.

2. Entry requirements
   1. Entry is open to Australian residents aged 18 years or over who reside in Victoria, Queensland, Western Australia or Tasmania and who, at any time during the Promotion Period (from the Promotion Start Date to the Promotion End Date), hold or have held either a valid and active:
      1. M11 Club Subscription; or
      2. Limited Access pass (7-day, 14-day, 90-day, 180-day or 365-day),

but does not include individuals who are Restricted Persons. Entries allocated to a Limited Access pass remain valid for the draw even if the pass expires before the Promotion End Date, provided the pass was valid and active at some time during the Promotion Period. A person who meets the age and residency requirements in this clause 2.1 but does not hold an M11 Club Subscription or Limited Access pass may also enter the Promotion using the free entry method set out in the Entry Procedure.

1. 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. Any entries allocated to the Account of a person who is not eligible to enter (including a resident of a state or territory in which the Promotion is not open) are invalid and will be excluded from the draw.
   3. The Promoter may, at any time, require entrants to provide proof of eligibility, including proof of identity, age and residency (including residency at the nominated prize delivery address). 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
   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. Entries are also available without any payment or purchase using the free entry method set out in the Entry Procedure.
   2. Bonus entries are credited to entrants through the Entry Procedure in the numbers set out in the Entry Allocations in the Schedule, including any Double Entry Period set out in the Schedule, up to the Maximum Number of Entries. Free entries are credited in the number set out in the Entry Procedure, including any Double Entry Period set out in the Schedule.
   3. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion 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.
   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.
   5. The number of Limited Access passes available during the Promotion Period is limited as set out in the Pass Limit in the Schedule. Once the Pass Limit is reached, no further Limited Access passes will be offered until after the Promotion End Date.
   6. 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.
   7. 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. Entrants who hold or use more than one Account may be disqualified.

4. Entries
   1. The draw will be conducted so that each entry has a random and equal chance of being drawn.
   2. Entries cannot be transferred, sold or exchanged.
   3. Entrants may only enter in their own name.
   4. The Promoter may set reasonable entry limits per person per Prize as set out in the Maximum Number of Entries, to the extent permitted by law.

5. Details of the draw
   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.
   2. The draw will occur on the Draw Date And Time, and at the Draw Location, as stated in the Schedule.
   3. If required by law, an independent scrutineer will supervise the draw.
   4. The Promoter’s decisions relating to the Promotion are final, subject to applicable laws or regulatory requirements.

6. Winner
   1. The winner will be announced during a live broadcast on the Promoter’s Instagram account (@m11club) at the Announcement Date And Time and will be contacted by phone and by email using the contact details held in their Account. All eligible entrants agree to their first name, initial of surname and state being announced for this purpose. The announcement, the call to the winner and any prize handover may be recorded and used by the Promoter in accordance with clause 8.
   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.
   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.
   4. There are no costs for the winner to accept the Prize, other than any costs stated as the winner’s responsibility in the Prize Conditions in the Schedule. 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 winner’s responsibility.

7. Prize
   1. Prize details (including total prize pool value and any conditions) are set out in the Schedule.
   2. The winner may choose either the Prize or the Cash Alternative set out in the Schedule, by notifying the Promoter in writing by the Prize Claim Date. Apart from that choice, Prizes are final and are not transferable or exchangeable. The Promoter accepts no responsibility for any variation in the value of the Prize.
   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.
   4. The Prize will be made available to the verified winner within 28 days of the draw taking place (or, if later, by the Prize Claim Date set out in the Schedule), by collection from the Promoter in Melbourne or delivery by the Promoter, as set out in the Schedule. If the winner chooses the Cash Alternative, it will be paid by electronic funds transfer to an Australian bank account in the winner’s name within 28 days of the Promoter receiving the winner’s choice and verified details.
   5. The Promoter is not liable for any tax implications arising from the Prize or the Cash Alternative. Independent financial advice should be sought.

8. Marketing, Publicity, and Content
   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.
   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).
   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.
   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.
   5. The Promoter may communicate or advertise this Promotion using Instagram, Facebook or other social media platforms (Social Media Platforms). The Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform. Entrants are providing their information to the Promoter and not to any Social Media Platform. Each entrant releases all Social Media Platforms from any and all liability in connection with the Promotion.

9. Disqualification and integrity
   1. To the extent permitted by law, we may disqualify any entry or entrant, or cancel any Prize awarded and reaward the Prize, if we reasonably believe there has been:
      1. any entry or entrant that is not in accordance with these Promotion Terms or the Schedule;
      2. a breach of these Promotion Terms or the Schedule;
      3. an entrant has provided false or misleading information;
      4. any fraud, dishonesty or misleading conduct;
      5. any cheating;
      6. any tampering with the entry process or the conduct of the Promotion; or
      7. any conduct that may jeopardise the fair and proper conduct of the Promotion, or any conduct by an entrant that is abusive, threatening or harassing towards any other person or that may diminish the good name or reputation of the Promoter or its related bodies corporate.

1. 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
    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. However, the Promoter will not amend these Promotion Terms or the Schedule, or cancel or withdraw the Promotion, after the Promotion Start Date without first obtaining any approval required from the relevant gaming authorities.
    2. Any update to these Promotion Terms will be published on the Promoter’s website and social media pages.

11. Redraw
    1. If a Prize remains unclaimed, a redraw will be conducted in accordance with the Unclaimed Prize Draw in the Schedule.
    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.
    3. Any redraw winner will be notified in the same manner as the original winner.

12. Liability
    1. Nothing in these Promotion Terms limits any rights you may have under the Australian Consumer Law or other non‑excludable guarantees.
    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, unauthorised 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.
    3. To the extent permitted by law, and subject to clause 12.1, the Promoter is not liable for any loss, damage or personal injury (including death) arising from the use, operation, storage or transport of the Prize after it has been collected by or delivered to the winner, except to the extent caused by the Promoter’s negligence, fraud or wilful misconduct. The winner (and any person operating the Prize) is responsible for operating the Prize safely and in accordance with all applicable laws.
    4. The winner acknowledges that there are inherent risks in using and operating a personal watercraft and, by accepting the Prize, accepts those risks. The Promoter may require the winner to sign an acknowledgement and release in favour of the Promoter, in the form provided by the Promoter, before the Prize is collected or delivered. If the winner does not sign it within the time reasonably requested by the Promoter, the winner’s claim may be deemed invalid and the Prize may be redrawn in accordance with the Unclaimed Prize Draw in the Schedule.
    5. Without limiting clause 12.3, and to the extent permitted by law, the Promoter is not liable for any damage, loss or delay in transit to the Prize, except to the extent caused by the Promoter’s negligence, fraud or wilful misconduct. The Prize will only be delivered within Victoria, Queensland, Western Australia or Tasmania.

13. Warranties
    1. By entering this promotion, each entrant represents and warrants that:
       1. the entrant is eligible to enter;
       2. 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
       3. all information provided by the entrant to us is true and correct.

14. Privacy
    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 (including RandomDraws), prize suppliers and any relevant regulator or government body for those purposes.
    2. The Promoter handles personal information in accordance with its Privacy Policy (available on the Promoter’s website at m11club.com.au). The Privacy Policy contains information about how entrants can access and seek correction of the personal information the Promoter holds about them, and how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint. The Promoter may disclose personal information to recipients located outside Australia, and personal information may be stored or accessed outside Australia, including in the United States, India and France.
    3. In addition to conducting the Promotion and awarding the Prize, the Promoter will use entrants’ personal information only for the following purposes:
       1. verifying eligibility and identity;
       2. contacting entrants about the Promotion;
       3. 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;
       4. providing entrants’ email addresses and phone numbers (which may be in a hashed or encrypted form) to Meta Platforms, Inc. to create advertising audiences, so that the Promoter can display advertising for its goods and services to entrants and similar people on Facebook and Instagram, from which the entrant may opt out at any time by contacting the Promoter;
       5. internal research and analytics to improve the Promoter’s products and services; and
       6. 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
    1. Entry into this promotion is subject to all applicable Commonwealth, State and Territory laws and regulations and is void where prohibited by law.
    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.

1. 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:
      1. refuse entry from residents of that jurisdiction where required by law;
      2. substitute, subject to clause 7.3 and applicable law, a prize with a lawful alternative of equal or greater value; and/or
      3. take any other action necessary, including but not limited to declaring an entry or entries invalid, in order to ensure compliance with applicable legislation.
   4. Nothing in these Promotion Terms is intended to permit any act or omission, which would contravene applicable laws.

16. Governing Law
    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
    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:
       1. the Schedule;
       2. these Promotion Terms;
       3. the General Terms; and
       4. any other document or Statement made by the Promoter.

1. 2. Capitalised words in the above Promotion Terms that are not defined in these Promotion Terms, have the meaning provided in the Schedule.
   3. Capitalised 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 on our website at m11club.com.au.
   4. Unless the context requires otherwise, in these Promotion Terms and the Schedule:
      1. Account means an entrant’s account on the M11 Club Platform (including a free Account created to use the free entry method set out in the Entry Procedure);
      2. Dashboard means the area of an entrant’s Account in which the entrant’s entries are displayed;
      3. Discount Portal means the online portal, accessed through the M11 Club Platform, through which M11 Club members can access discounts and offers from participating businesses;
      4. Limited Access pass means a pass, purchased by a one-time payment, that gives access to the Discount Portal for the period of the pass;
      5. M11 Club Platform means the Promoter’s website at m11club.com.au, including the Discount Portal; and
      6. M11 Club Subscription (or Subscription) means a recurring paid membership of M11 Club, at the Standard, Premium or Legendary tier, that gives access to the Discount Portal.

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