“TMS TRADE PROMOTION”
TERMS AND CONDITIONS

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is open to all Australian businesses with head offices located in NSW, VIC or QLD.
  3. Entrants applying on behalf of their employer must be over 18 years old.
  4. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to enter. 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.
  5. Entries into the promotion open on 06/07/23 and close at 11:59pm on 27/07/23 AEST (“Promotional Period”).
  6. To enter, entrants must during the Promotional Period, visit www.themarketingsyndicate.com.au/promotion,; and fully complete and submit the online entry form with their personal details (first name, last name, company name, position, email address, mobile number, and state/territory of business), answer a few qualifying questions including opting into the database owned by The Marketing Syndicate to provide permission for future communication to be sent to them.
  7. Only one entry permitted per person however multiple people can enter within the same business.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s place of business) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the competition. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  11. I confirm I am able to use the prize before the expiry date of 15th September
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. The first valid entry drawn will win one (1) Consumer Promotion valued at up to AUD$15,000.Prize includes; promotion website to maximum 6 weeks, promotion mechanic including instant win or draw function, website hosting and reporting, prize winner validation. 10 x agency creative head hours and 10 x agency account management hours. Excludes legal fees, permit fees, prizes, prize fulfilment, additional creative head hours, additional account management head hours, print production, kitting freight and any other associated costs.  The next ten (10) valid entries drawn will each receive an agency creative package valued at $2,000 each which equates to 10 head hours.
  14. The major prize must be taken by 15th September 2023. Minor prizes valid for 6 months from draw date.
  15. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the prize will not be awarded as cash.
  16. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited.
  17. Total prize pool value is AUD$35,000.
  18. The prize is not transferable or exchangeable and cannot be taken as cash.
  19. A draw for the prize, if unclaimed, may take place on 11/08/23 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by email and telephone within seven (7) business days.
  20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  21. If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the competition, as appropriate.
  22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition.
  23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  24. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://themarketingsyndicate.com.au/privacy-policy/ . In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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 PI, 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 the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
  25. The Promoter is The Marketing Syndicate Pty Ltd (ABN82 105 635 452)) of Unit 19, 14 Jubliee Avenue, Warriewood NSW 2102, telephone:02 9999 3114
NSW Authority TP/02770