Terms and Conditions
CUDO.COM.AU (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY CUDO PTY LTD (ACN 145 598 894) OF PO BOX 40 PYRMONT NSW 2009 (‘CUDO’). PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CUDO.
A. USER AGREEMENT GOVERNING USE OF WEBSITE
1. USER AGREEMENT
If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.
2. YOUR STATUTORY RIGHTS
As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
3. AMENDMENTS TO TERMS & CONDITIONS OF USE
CUDO reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at CUDO’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.
4. ACCOUNTS
4.1 In order to have access to Vouchers and the ability to purchase Vouchers via CUDO you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to: (a) receive information and email communications from CUDO relating to Vouchers; (b) make an order to purchase a Voucher; (c) change your preferences, including with respect to your preferred e-mail address, geographic location, credit card details and passwords; (d) view, otherwise receive and print Vouchers you have purchased; and (e) view past Vouchers you have purchased.
4.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.
4.3 CUDO reserves the right to refuse registration of an Account (or to close an existing Account) where:
(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;
(b) you have breached these Terms & Conditions of Use;
(c) CUDO considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or
(d) you have an existing Account.
4.4 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.
5. LEGAL CAPACITY
By making an order to purchase a Voucher, you warrant to CUDO that
you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with CUDO with respect to that Voucher.
6. UNAUTHORISED USE OF THE WEBSITE
6.1 You agree to use this Website only for purposes that are
permitted by:
(a) these Terms & Conditions of Use; and/or
(b) any applicable laws or regulations.
6.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.
6.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from CUDO (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of CUDO.
6.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that CUDO may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
7. LIMITATION OF LIABILITY
7.1 The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude.. Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, CUDO does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these consumer laws. Subject to claims available under consumer protection laws, neither Cudo nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
7.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of CUDO for such a claim will (at CUDO’s option and to the extent permitted by law) be limited to:
(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
8. INDEMNITY
You will at all times indemnify, and keep indemnified, CUDO and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by CUDO arising from any claim, demand, suit, action or proceeding by any person against you or CUDO where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of
Use.
9.PRIVACY
9.1 The CUDO Privacy Policy is incorporated into these Terms & Conditions of Use.
9.2 In the event the CUDO business or company is sold to a third party, you grant CUDO the right to transfer the personal information and other data and rights that CUDO has collected from you to that third party, and CUDO will not be required to obtain your prior consent or approval or to notify you of such a transfer.
10.WEBSITE INFORMATION
10.1 Any information that is published on the Website about particular goods and services is based on material supplied to CUDO by Merchants and other third parties. CUDO takes all reasonable steps to ensure that information that is published on the Website relating to a Merchant, Vouchers and/or goods and services is accurate and without errors. However, on occasion, a Merchant or other third party will provide CUDO with inaccurate information. Consequently, you agree that CUDO will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.
10.2 You agree that you are responsible for:
(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and
(b) assessing the suitability of goods and services prior to youplacing an order for a Voucher for a Deal relating to those goods or services.
11. LINKS TO THIRD PARTY WEBSITES
Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. CUDO does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Privacy and security policies on third-party websites may differ from those practiced by CUDO. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.
12.GENERAL TERMS
12.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and CUDO.
12.2 CUDO will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside CUDO’s control which is not due to any lack of reasonable prudence or foresight.
12.3 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect
12.4 CUDO’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.
12.5 These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
B. USER AGREEMENT GOVERNING CUDO VOUCHERS
1.PLACING ORDERS
1.1 CUDO provides its Account-holders with opportunities to purchase Vouchers for goods and/or services at discounted rates and on certain terms and conditions of a third party merchant (each, a 'Merchant') which can be redeemed for goods and/or services (each, a 'Deal'). By making an order to purchase a Voucher on the Website, you agree to receive and be charged for the Voucher once CUDO has received a minimum quantity of offers to purchase a Voucher from CUDO Account-holders during a specified availability period (‘Minimum Quota’).
1.2 For the avoidance of doubt, the promotion and/or publication of Vouchers on the Website or within any email correspondence that you receive from CUDO does not constitute an offer from CUDO to sell you the Voucher, the corresponding Deal or the goods and services that are the subject of the Deal. The promotion and/or publication of Vouchers on the Website or within any email correspondence that you receive from CUDO is an invitation to treat only.
1.3 By placing an order for a Voucher on the Website, you are making an offer and commitment to purchase a Voucher on the Voucher Specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.
1.4 CUDO reserves the right to accept or reject your offer to purchase a Voucher for any reason (or no reason). In the event CUDO cancels your order to purchase a Voucher, CUDO will charge-back the full purchase price to your credit card.
1.5 Once you have made an order to purchase a Voucher on the Website, you cannot cancel that order.
2.ISSUE OF VOUCHERS
2.1 Once you have placed your order for a Voucher, you will receive a confirmation of your order (whether by email or via your Account) and your credit card will be charged for the purchase price of the Voucher.
2.2 You will only be issued a Voucher if: (a) full payment for that Voucher has been received by CUDO; and (b) the Minimum Quota has been met.
2.3 A ‘Voucher’ may take the form of a physical voucher, a unique code or a hyperlink and may be delivered to you via email, by post or may be downloadable on the Website via your Account.
2.4 CUDO is not liable or responsible for any loss suffered as a result of a Voucher not being received by you due to an email being blocked by a firewall or filter installed on your computer or where you have registered an incorrect email address).
3. CHARGE BACKS/NO REFUNDS
3.1 If you make an order to purchase a Voucher, and the Minimum Quota has not been met, CUDO will charge-back the full purchase price to your credit card.
3.2 You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued Voucher, except as required by law.
4.REDEMPTION OF VOUCHERS
You may redeem a Voucher that CUDO issues to you with the relevant Merchant in order to receive the good or service that is the subject of the associated Deal. The relevant Merchant, not CUDO, is the provider of the product or service and is solely responsible for honouring the Deal that is the subject of the Voucher you have purchased.
5. TERMS OF VOUCHER
5.1 You acknowledge and agree that your purchase of a Voucher from CUDO may be subject to specific terms, conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms attaching to a Voucher, the Minimum Quota for that Voucher, the expiration date for your redemption of the Voucher with the Merchant, or the date before which you are required to make a booking with the Merchant to redeem the Voucher) (‘Voucher Specific Terms’), which will be communicated to you on the Website prior to your purchase of the Voucher that is issued to you. To the extent there is any inconsistency between the Voucher Specific Terms and the Terms & Conditions of Use, the Voucher Specific Terms will prevail. By
placing an order for a Voucher on the Website, you agree that all Voucher Specific Terms will be legally binding on you in connection with that Voucher.
5.2 Unless otherwise stated in the Voucher Specific Terms or required by law, the following terms apply to all Vouchers (without limiting the other terms and conditions in these Terms & Conditions of Use):
(a) Vouchers are not redeemable for cash
(b) If, for any reason, you do not or cannot use or redeem a Voucher you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that Voucher, except as required by law.
(c) CUDO is not responsible or liable for your lost or stolen Vouchers.
(d) The expiration date for a Voucher is as printed on the Voucher and will be quoted on the Website. All Vouchers are deemed void after the published expiration date and will not be honoured by CUDO or the Merchant. Expired Vouchers are non-refundable in whole or in part.
(e) The ‘must book before’ date for a Voucher is as printed on the Voucher and will be quoted on the Cudo Website. Any Voucher which requires a booking will be deemed void if a booking is not made before the specified ‘must book before’ date.
(f) Vouchers may not, without the prior written consent of CUDO, be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.
6. TERMS OF DEALS GENERALLY
6.1 All Deals are subject to the Merchant’s standard terms and conditions and policies. CUDO will use its reasonable endeavours to advise you on the Website of any material terms and conditions and policies of the Merchant that will impact your ability to use or enjoy the goods or services.
6.2 You agree that you are responsible for making your own reasonable enquiries with respect to the terms and conditions and policies that a Merchant may place on your use or enjoyment of the relevant goods or services.
7. TERMS OF DEALS - SERVICES
7.1 All Deals relating to services provided by Merchants are subject to availability and may require you to make a booking in advance directly with the Merchant. CUDO cannot guarantee that services will be available to you at your preferred date or time.
7.2 You agree that any booking you make with a Merchant may be subject to that Merchant’s separate terms and conditions or policies.
7.3 If you cancel a service booking you have made directly with a Merchant, the Merchant may charge you a cancellation fee (which may include invalidation or
cancellation of your ability to redeem the relevant Voucher).
8.TERMS OF DEALS - PRODUCTS
For Deals relating to products provided by Merchants, you may be required to collect the relevant product from a specified location or to pay a fee to have the product delivered to your delivery address.
If the product is being delivered to you, CUDO will include the estimated delivery timeframe in the Voucher Specific Terms on the Website. Though CUDO will do everything in its power to ensure the Merchant delivers the product to you in accordance with the estimated delivery timeframe, it unfortunately cannot guarantee this.
9.LIMITATION OF LIABILITY
9.1 The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, CUDO does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to a Voucher, a Deal and/or the goods and services that are the subject of a Deal outside these consumer laws. Subject to claims available under consumer protection laws, neither CUDO nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is not
liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with a Voucher, a Deal and/or the goods and services that are the subject of a Deal.
9.2 For any claims relating to a Voucher, a Deal and/or the goods and services that are the subject of a Deal that cannot be excluded or restricted under consumer protection laws:
(a) you will be entitled to a full refund or replacement Voucher if there is a major failure by CUDO to comply with the consumer guarantees under the Australian consumer laws; and
(b) for minor failures by CUDO to comply with the consumer guarantees under these laws, the liability of CUDO for any applicable claim will (at CUDO’s discretion and to the maximum extent permitted by law) be limited to:
(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and
(ii) if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.
10.INDEMNITY
You will at all times indemnify, and keep indemnified, CUDO and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by CUDO arising from any claim, demand, suit, action or proceeding by any person against you or CUDO where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any Voucher Specific Terms or other term or condition relating to a Voucher (as specified in these Terms & Conditions of Use) or a Merchant’s standard terms and conditions and policies.
11.*SIGN-UP BONUS
The "sign-up bonus" (if eligible) will be sent in the form of a Voucher code provided via email (or directly applied to your account). Members may use this Voucher code towards a Cudo purchase. The "sign-up bonus" may be available for a limited time to new members only and is strictly one per subscriber. If a Voucher code is emailed to you it must be redeemed by entering the code in "My Account" page within a week of promotion closure. Voucher codes cannot be redeemed for cash. CUDO reserves the right to withdraw the offer at any time.
12. $10 "REFER-A-FRIEND"
To be elegible for the "Refer-a-friend" $10 credit, your referral must meet the following criteria:
a) Your “friend” must have signed up directly via the link specified in your refer-a-friend email
b) Your “friend” must have made a purchase via the Website.
You will not be given $10 credit for a referral in the case that your “friend” has signed up, via any other channel other than directly through the refer-a-friend link specified in the email. You will not receive any credit for subsequent purchases, after the first purchase made by your “friend”.
Once your referred friend has made a purchase you will receive an email notification. This email will contain your $10 refer-a-friend Voucher code which you can use towards the purchase of any CUDO Deal. If the value of the CUDO Deal purchased is less than $10, you will be able to use the same Voucher code on your next purchase and utilise any unclaimed credit.
Cudo’s Satisfaction Guarantee - Terms and Conditions
1. CUDO Account-holders may be entitled to receive a full cash refund or credit in their CUDO account (“Refund”) on the terms set out in these terms and conditions if that CUDO Account holder:
(a) is not satisfied with the quality of the goods and services received pursuant to a voucher he/she has purchased on the Website (“Voucher”);
(b) is not satisfied that the goods or services provided by a Merchant conformed with the terms and conditions for that Deal;
(c) is not provided the goods or services by the merchant that the Cudo member should have received pursuant to the terms of the Voucher, including circumstances where a Merchant ceases to trade and enters bankruptcy or liquidation (as relevant).
(d) where a booking is required to redeem a Voucher, the Cudo member has made, or has attempted to make a booking prior to the ‘Must Book Before’ date as printed on the Voucher
2. A request for a Refund must be submitted via the form located on the contact page of the Website or via email to Cudo Customer Service (see contact us).
3. All Cudo Account holders requesting a Refund will be required to provide a full account of their experience with the good and/or service and full particulars as to (a) why they are not satisfied with the quality of the goods and services that are the subject of a Voucher, and/or (b) why they are not satisfied that the goods or services provided by a Merchant conformed with the terms and conditions for that Deal as published on the Voucher and/or the Website and/or (c) the circumstances surrounding the Merchant not providing the goods or services that should have been provided pursuant to the terms of the Voucher (“Particulars”). In addition to Particulars, Cudo members are encouraged to provide feedback on how CUDO can improve its services to members.
4. CUDO reserves the right to verify the validity and veracity of some or all of the Particulars at any time, including (but not limited to) by consulting with the relevant merchant responsible for fulfilment of the Deal and/or by asking the CUDO account holder for additional information or documentation.
5. Where CUDO concludes that a complaint is invalid or that a CUDO Account-holder’s Particulars are misleading, incorrect and/or deceptive, CUDO reserves
the right to refuse a Refund (in its sole discretion).
6. Where a CUDO Account-holder has previously received a Refund from CUDO (including pursuant to these terms and conditions), CUDO reserves the right to refuse a further request for a Refund made by that CUDO Account-holder (in its sole discretion).
7. Certain Deals require a CUDO Account-holder to make a booking to redeem their Voucher with a Merchant prior to the ‘Must Book Before’ date as printed on the Voucher. CUDO Account-Holders should make sure they are aware of the Must Book Before date. If a CUDO Account does not make, or attempt to make, a booking with the Merchant prior to the ‘Must Book Before’ date as printed on the Voucher, CUDO reserves the right to refuse a Refund (in its sole discretion).
8. The value of the Refund will be the same as the purchase amount of the corresponding Voucher. If cash, the Refund will be paid directly into the bank account which the CUDO Account-holder used to purchase the Voucher. If the Refund is made as CUDO credit, this will be made available in the CUDO Account-holders registered CUDO Account
9. CUDO reserves the right to resolve a CUDO Account-holder’s complaint and/or dissatisfaction with the goods and/or services provided by a Merchant via other means prior to paying any Refund to that CUDO Account-holder, including (but not limited to) repairing or replacing any good and/or resupplying the relevant good or service that is the subject of the Voucher.
10. Any Refund provided to a CUDO Account-holder is in no way an admission of guilt or liability by or on behalf of CUDO or the admission of any other fact in connection with any act or omission which led to the request for a Refund being
submitted by a CUDO Account-holder.
11. CUDO’s Satisfaction Guarantee policy may be amended or cancelled at CUDO’s sole discretion.
Win the weight of your mate in meat promotion Terms & Conditions
1. Variables
1.1 Resident of: Australia only.
1.2 Minimum age: 18 years old.
1.3 Start time: 12:00am
1.4 Start date: 22/01/2013
1.5 Closing time: 11:59am
1.6 Closing date: 28/01/2013
1.7 Judging time: 3:00pm
1.8 Judging date: 30/01/2013
1.9 The name of the winner and their State/Territory will appear on The Meat Merchant http://themeatmerchant.com.au/ between 31/01/2013 and [07/02/2013].
2. Prize/Prizes
2.1 There will be one (1) winner of the competition. The winner will receive a prize consisting of:
• Nine (9) separate meat packs comprising:
(i) Pack 1: 2kg Lamb loin chops, 4kg premium beef mince, 2kg Pork loin chops, 1kg beef sausages (total 9kg)
(ii) Pack 2: 5.5kg beef strap-loin, 2kg chicken wings, 2.5kg rindless bacon (total 10kg);
(iii) Pack 3: 2.75kg Leg of lamb on the bone, 2kg beef BBQ steaks, 2kg premium diced beef, 3.5kg pork scotch fillet roast (total 10.25kg)
(iv) Pack 4: 2kg beef t-bones, 4kg beef sausages, 2kg lamb loin chops, 2kg corned beef pickled (total 10kg)
(v) Pack 5: 3.75kg beef scotch fillet, 2kg diced pork, 2kg beef mince, 3kg chicken wings (total 10.75kg)
(vi) Pack 6: 2kg beef rump steaks, 4kg chicken drumsticks, 1kg beef sausages (total 7kg)
(vii) Pack 7: 2.75kg leg of lamb on the bone, 0.65kg 8 rib lamb rack frenched, 4.5kg beef bolar blade roast, 2kg chicken breast skinless (total 9.9kg)
(viii) Pack 8: 4.5kg pork leg boned and rolled, 2kg BBQ steaks, 1kg premium beef mince, 2.5kg bacon rindless (total 10kg); and
(ix) Pack 9: 5.5kg beef straploin whole, 2kg lamb loin chops, 1kg beef sausages (total 8.5kg).
The total value of the prize is $ 2071.67 (AUD including GST).
The total value of the Prize Pool is $ 2071.67 (AUD including GST).
2.2 The Prize may be claimed by the winner at any time between 01/02/2013 and 01/08/2013 by contacting the Meat Merchant directly. The winner may claim individual packs comprised within the Prize separately, at different times during that 6 month period, should they wish to do so.
2.3 The winner’s acceptance of the Prize is subject to the terms and conditions which govern all delivery and acceptance of all products from the Meat Merchant, available for viewing at www.themeatmerchant.com.au.
2.4 The judges' decision is final and no correspondence will be entered into.
2.5 All prize items are valued in Australian dollars and inclusive of GST and the Promoter takes no responsibility for any variations in item values. The prize is not transferable, exchangeable or redeemable for cash. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
3. Who may enter
The only persons who may enter and be awarded prizes are residents of the place specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that condition) and who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition.
“Promoter” means Cudo Pty Limited ACN 145 598 894
4. Entrants bound by conditions
By participating, entrants agree to be bound by these conditions.
5. How to enter
To enter, entrants must:
(a) be a subscriber to the Meat Merchant (you can register at http://themeatmerchant.com.au) ;
(b) Read and accept these terms and conditions;
(c) Follow the prompts to the registration page and complete the online entry form by registering their details (first name, surname, email address, phone number, state and postcode);
(d) answer the following question in 25 words or less:
What makes a great mate?
6. Selection of winner
6.1 At the time and date specified in Conditions 1.7 and 1.8, the judges will choose the winner. The winner will be the entrant who has been judged to have entered the most creative, humorous and original response to the question asked in Condition 5 (d).
6.2 Each entry will be individually judged based on literary and creative merit. Chance plays no part in determining the winner.
6.3 The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.
6.4 Incomplete or indecipherable entries will be deemed invalid.
7. Special conditions of entry
7.1 All entries must be:
(a) the original independent creation of the entrant;
(b) owned by the entrant; and
(c) free of any claims, including copyright or trademark claims by other parties.
7.2 Entries must not:
(a) have been published previously;
(b) have won prizes or awards in other competitions;
(c) be restricted in any way; or
(d) infringe any third party rights.
7.3 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, and Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner.
7.4 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions 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.
8. Limitations on entry
8.1 There is no limit to the number of entries per person, subject to the following:
(a) each entry must be substantially unique; and
(b) each entry must be submitted separately and in accordance with entry requirements.
9. Duration
This competition starts at the Sydney time and date specified in Conditions 1.3 and 1.4. Entries must be received by the Sydney time and date specified in Conditions 1.5 and 1.6.
10. No quality, etc, representations/exclusion of liability
10.1 The Promoter:
(a) makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes;
(b) accepts no responsibility for loss or damage to prizes in transit;
(c) accepts no responsibility for late, lost or misdirected registrations or entries; and;
(d) is not liable, to the extent permitted by law, for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.
10.2 Clause 10 does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.
11. Winner notification and publication
The winner will be notified by telephone and/or email, using the details provided in their entry, and the name and state/territory of the winner will be published as specified in Condition 1.9.
12. Use of Headings
12.1 Headings and subheadings are inserted for convenience only and shall not be used to interpret the text of these conditions in any way adverse to an interpretation in favour of the Promoter..
13. Ownership of entries
13.1 All entries become and remain the property of the Promoter.
13.2 The Promoter reserves the right to use the content of all entries for the purpose of future promotions or any other purpose.
14. Internet
14.1 If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.
14.2 The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries.
14.3 The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.
14.4 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
15. LIABILITY, INDEMNITY AND RELEASE
15.1 In consideration for the Promoter accepting the Entrant’s entry, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with any entrant’s participation in this promotion; the Winner’s acceptance and use of the Prize, and the Winner’s guest’s acceptance and use of the Prize.
15.2 The entrant indemnifies and holds harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to other entrants in the promotion), arising as a result of or in connection with the entrant’s participation in the promotion.
15.3 In this Condition 15, “all claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.
16. Promoter
The Promoter is “Promoter” means Cudo Pty Limited ACN 145 598 894, PO Box 40, Pyrmont, Sydney, New South Wales.
17. Entire conditions
These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.