Giveaway Terms & Conditions

Troll X Vault Giveaway

1. Introduction

• This “Troll X Vault Giveaway” (Giveaway) is conducted by Troll X Pty Ltd ACN 677 055 882 (we, us, our) as part of a Trade Promotion in the territory set out in Item 8 only (Territory) and is subject to these terms and conditions (Terms and Conditions).
• The Terms and Conditions set out how an individual (you, your and Entrant) enters the Giveaway and goes into the running to win the Prize.
• By entering into the Giveaway, you accept and agree to be bound by these Terms and Conditions.

2. Key Giveaway Terms

3. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words have the following meanings:

• Closing Date means the date the Giveaway concludes, as set out in Item 2;
• Commencement Date means the date the Giveaway commences, as set out in Item 1;
• Draw Date means the date that the Prize is drawn for the Giveaway, as set out in Item 3;
• Redraw Date means the date that the unclaimed Prize is redrawn for the Giveaway (if the Prize is unclaimed by the winner of the Draw), as set out in Item 4;
• Draw/Redraw Location means the location that the Prize is drawn (or redrawn) for the Giveaway, as set out in Item 5;
• Entry means an entry in the Giveaway, and Entries has a corresponding meaning;
• Force Majeure Event means an act of God, pandemic, epidemic, fire, lightning, earthquake, explosions, flood, subsidence, government acts, regulations or orders including in relation to COVID-19 and other public health matters, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock-outs or other industrial disputes of any kind not relating solely to the party affected, and any other event which is not within the reasonable control of the party affected but does not include any act or omission of the other party;
• Item means an item set out in clause 2 of these Terms and Conditions;
• Immediate Relatives means a spouse (including ex-spouse or de-facto spouse), child or step-child (whether natural or by adoption), parent or step-parent, sibling or step-sibling, grandparent or step-grandparent, uncle, aunt, niece, nephew or first cousin of a person;
• Intellectual Property means all past, present and future industrial and intellectual property rights relating to us, our business, the Giveaway, our Memberships and our Website, including without limitation:
  • inventions, patents, copyright, trade business, company or domain names, rights in relation to circuit layouts, plant breeders’ rights, registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have confidential information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and
  • any application for or right to apply for registration of any of those rights.
• Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth);
• Prize means one of the prizes (as selected by the Winning Entrant) for the Giveaway, as set out in Item 7;
• Prize Value means the value of each Prize as set out in Item 7;
• Membership means the membership that is purchased from us, and provides you with various benefits, including, but not limited to, exclusive in-store discounts and wholesale prices on certain goods sold by Troll Aus Pty Ltd ACN 653 146 180, and access to certain giveaways, including, but not limited to, this Giveaway, and such other benefits as determined by us from time to time;
• Membership Tier means one of the tiers of Membership set out in Item 6;
• Social Media Account means our social media account(s) set out in Item 9;
• Trade Promotion has the meaning given to that term in the Lotteries Act 2019 (SA) and Lotteries Regulations 2021 (SA); and
• Website means the website set out in Item 10.

4. Conditions of Entry

• This Giveaway will open on the Commencement Date and will close on the Closing Date (Promotional Period).
• To enter the Giveaway, you must, during the Promotional Period, purchase and/or maintain a Membership and complete the applicable online entry form which is available at our Website (Entry Details).
• Purchasing and/or maintaining a Membership during the Promotion Period will automatically entitle you to a corresponding number of Entries into the Giveaway based on your Membership Tier in accordance with Item 6.
• The Prize will be awarded to the Winning Entrant only (or Redrawn Wining Entrant, if the Prize is unclaimed), and the Prize is not permitted to be shared with or transferred to any other party.
• The Giveaway is only open to be entered by permanent residents of the Territory aged 18 years or older.
• Employees and Immediate Relatives of any employee of us or any entities associated with this Giveaway are ineligible to enter the Giveaway.
• We reserve the right to, at any time, verify the validity of the Entrant’s entry into the Giveaway, including verifying the Entry Details.
• If an entry is incomplete or has incorrect Entry Details, that entry will be deemed invalid.
• We may, in our sole discretion, disqualify any Entrant(s) for any reason, including, but not limited to, if we have reason to believe that the Entrant has breached these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Giveaway.
• The Winning Entrant (or Redrawn Wining Entrant) will sign all relevant documents to transfer the Prize to the Winning Entrant.

5. Prize Draw and Transfer of Prize

• The drawing of the Prize will be conducted on the Draw Date at the Draw/Redraw Location by us and will be livestreamed on the Social Media Accounts determined by us (Prize Draw).
• Entrants are not required to be present at the Prize Draw.
• The winner of the Prize Draw (Winning Entrant) will be notified in writing by email within 7 days of the Draw Date.
• The relevant Prize will be sent to the Winning Entrant within 30 days of the Draw Date unless otherwise agreed between the Entrant and us. The cost of delivery will be borne by us where the delivery location is within metropolitan Adelaide. The cost of delivery to all other locations will be borne by the Entrant.
• We accept no responsibility for any tax or duty implications that may arise. All taxes which may be payable as a consequence of receiving the Prize are the sole responsibility of the Winning Entrant. Any additional expenses involved are at the Winning Entrant’s expense. Independent financial, tax, accounting and legal advice should be sought.
• The Prize is specifically exclusive of any ancillary costs incurred in claiming the Prize.
• If the Winning Entrant does not claim the Prize within 30 days of the Draw Date, the Winning Entrant shall automatically and irrevocably forfeit all rights to the Prize, and we will redraw the Prize at the Draw/Redraw Location on the Redraw Date (Redraw).
• The Redraw will result in another Entrant (other than the Winning Entrant) being drawn and declared the winner of the Prize Draw (Redrawn Winning Entrant).
• The Redrawn Winning Entrant will be notified in writing by email within 7 days of the Redraw Date.
• The Redrawn Winning Entrant will be, on and from the conducting of the Redraw, be (for the purposes of these Terms and Conditions) considered the Winning Entrant and these Terms and Conditions shall apply as if they are the Winning Entrant.

6. Intellectual Property

All rights, title and interest in and to the Intellectual Property are, and shall remain, our sole and exclusive property, and nothing in these Terms and Conditions constitute an assignment of any Intellectual Property from the us to you.

7. Liability

• 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in South Australia (Non–Excludable Guarantees).
• Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we exclude 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 Giveaway, including any:
  • technical difficulties or equipment malfunction (whether or not under our control);
  • theft, unauthorised access or third-party interference;
  • Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us) due to any reason beyond our reasonable control;
  • variation in Prize value stated in these Terms and Conditions;
  • tax liability incurred by a winner or Entrant; or
  • use of any Prize.

8. Indemnity

You indemnify and hold us harmless for any and all claims, actions, damages, losses, liabilities, costs, charges, expenses, outgoings or payments that we may pay, suffer, incur or are, or may be, liable for, relating to your breach of these Terms and Conditions, or participation in the Giveaway.

9. Privacy

• We may collect and use Personal Information in order to conduct the Giveaway and may, for this purpose, disclose such Personal Information to other third parties, including but not limited to agents, contractors, service providers, Prize suppliers, call centres and, as required, to Australian regulatory authorities. Entry into the Giveaway is conditional on providing this Personal Information.
• Entrants irrevocably consent to us using their full name, state of residence, likeness, image and/or voice in the event the Entrant is a winner (including photography, film and/or recording of the same) in any media or publication for an unlimited period without remuneration for the purpose of promoting the Giveaway (including any outcome), promoting any products manufactured, distributed and/or supplied by us in connection with the Giveaway, and/or for compliance with the requirements of a relevant regulatory authority.

10. Third Party Content

• We may provide access to the content of third parties (Third Party Content), including hyperlinks to external websites or downloadable files. By providing access to Third Party Content we do not:
  • make any endorsements, recommendations or approve of the third party, or sponsor or their products or services; or
  • accept any responsibility for the accuracy, currency or suitability of the Third Party Content.
• Any use or reliance on Third Party Content is at your own risk and we do not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance.
• Where hyperlinks to Third Party Content are provided, we make no warranties that the hyperlink is free of viruses, trojans or other malicious software.
• We use all reasonable endeavours to ensure that information on the Website is correct but we do not warrant the accuracy or completeness of the information provided and will not be held liable for any inaccuracy, omission, variation or error.
• Any and all products, brand names, logos, images and/or trade marks displayed or referred to are owned by the respective owners. We do not warrant to have an affiliation with any owner referenced on the Website who is not us.

11. General

• If the Prize (or part of any Prize) is unavailable due to circumstances outside of our control, we may, after making reasonable attempts to reach agreement with the Winning Entrant, substitute the Prize (or that part of the Prize) with another prize to the equal value and a reasonably similar specification subject.
• The Winning Entrant’s (or Redrawn Winning Entrant’s) first name initial, last name and postcode will be published on the Social Media Accounts within 30 days of the Prize Draw (or Redraw).
• In the event of any Force Majeure Event, we reserve the right to cancel, terminate, modify or suspend the promotion or suspend or modify a Prize, subject to any written requirements of a relevant regulatory authority.
• The Prize, or any unused portion of the Prize, is not transferable, exchangeable and cannot be taken as cash, any alternative form of credit or able to be exchanged unless otherwise specified (or unless the Prize expressly takes the form of a cash prize).
• Part or all of any clause of these Terms and Conditions that is unenforceable or illegal will be severed from the Terms and Conditions and will not affect the enforceability of the remaining provisions of the Terms and Conditions.
• Failure to enforce any of our rights at any stage does not constitute a waiver of those rights.
• These Terms and Conditions are intended to be legally binding and are governed by (and must be construed in accordance with) the laws applicable in South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia.

12. Contact Details:

• Email: support@trollx.com.au
• Phone: 0401 368 118
• Postal: 87 Torrens Road, Brompton SA 5007, Australia

13. Licence Details

South Australian Licence No: T24/1684