FSKissingSelfieContest Terms&Conditions.pdf

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Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a)
to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as
34. The use of any automated entry software or any other mechanical or electronic means that
allows an entrant or voter to automatically enter repeatedly is prohibited and will render all
Entries submitted by that entrant invalid.
35. 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 ASIC Act or
similar consumer protection laws in the State and Territories of Australia (“Non-Excludable
36. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter, Facebook and Instagram (including their respective officers,
employees and agents) are not responsible for and 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: (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, prize 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 (f) the prize.
37. If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the
Entrant, at time of entry into the promotion, a collection statement that details the Personal
Information being collected, the purpose of its collection, where the Personal Information
will be stored and how it will be shared with third parties. The collection statement will
comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as
amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
38. The entrant’s entry and continued participation in the promotion is dependent on the
entrant following and acting in accordance with the Facebook Statement of Terms of Use,
which can be viewed at https://www.facebook.com/legal/terms.
39. This promotion is in no way sponsored, endorsed or administered by, or associated with
Facebook. The information provided by entrants will only be used for the purposes outlined
in these Terms and Conditions. Any questions, comments or complaints about this
Competition must be directed to the Promoter and not to Facebook.
40. These Terms and Conditions are governed by the laws of New South Wales, Australia. The
parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
41. In these Conditions of Entry: “Personal Information” means, for the purpose of the Privacy
Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act
2012, information or an opinion about an identified individual, or an individual who is