Kraken Survey

TERMS & CONDITIONS OF ENTRY

​

1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible cities who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers  and contractors) of Blobfish and of its related bodies corporate, and of the agencies and companies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-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 first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in AUD currency unless expressly stated to the contrary.
7. Neither Blobfish nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
8. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). Blobfish accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
9. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. Blobfish will not advise an Entrant if their entry is deemed invalid.
10. The time of entry will be deemed to be the time the entry is received by Blobfish.
11. Entrants may submit up to the Maximum number of entries (if applicable).
12. Blobfish accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by Blobfish for any reason.  Blobfish is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
13. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. Blobfish may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, Blobfish will then continue this process until the prize is awarded.  
14. The winner does not need to be present at the draw unless expressly stated to the contrary.
15. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from Blobfish or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
16. Blobfish takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify Blobfish. A request to modify any entry information should be directed to Blobfish.
17. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
18. The winner(s) name and state/city of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
19. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, Blobfish may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable).  In the event the Unclaimed prize draw takes place, Blobfish will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and city of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available Blobfish may substitute with a prize of higher or equal value “subject to any written directions from a regulatory authority”.  Blobfish is not allowed to deduct any administrative costs associated with provision of the prize.
20. To the greatest extent permitted by law, Blobfish excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and Blobfish makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies Blobfish and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against Blobfish or that Blobfish may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
21. If despite the foregoing clause, Blobfish incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, Blobfish’s liability in respect of the Promotion is limited, in Blobfish’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
22. Without limiting any of the foregoing, in no circumstances will an entrant or Blobfish have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
23. Blobfish and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
24. Blobfish may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this Blobfish reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of Blobfish, whose decision is final. Failure by Blobfish to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, Blobfish may substitute the prize for another item of equal or higher value. Blobfish accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
26. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Blobfish’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, Blobfish’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, Blobfish may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
27. All entries become the property of Blobfish. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to Blobfish, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, Blobfish may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that Blobfish’s use of such content will not infringe the rights of any third parties. Blobfish has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.       
28. Entrants consent to Blobfish using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in Blobfish’s Privacy Policy, Blobfish including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
29. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with Blobfish’s Privacy statement which adheres to the Data Protection Act 1998.
30. The Promotion and these Terms of entry will be governed by the law of the State or City in which Blobfish ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or City in connection with disputes concerning the Promotion.
31. Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to Blobfish and not Facebook, YouTube, or Instagram.
32. Blobfish collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such Pl 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 Pl. Blobfish will also use and handle Pl as set out in its Privacy Policy. In addition to any use that may be outlined in Blobfish’s Privacy Policy, Blobfish may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their Pl, 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. All entries become the property of Blobfish. Unless otherwise indicated by Blobfish, Blobfish may disclose PI to entities outside of Australia (for a list of the countries, see Blobfish’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that Blobfish is not liable in this regard.