Terms & Conditions
1.1 Our Web Site
(a) The Web Site is owned and operated by Associated Retailers Limited. (“ARL” – ACN 004 520 030) under the domain name ‘www.sportspower.com.au‘.
(b) These terms and conditions govern Your use of the Web Site. By accessing the Web Site You agree to observe these terms and conditions and all applicable laws.
(c) While ARL has made every effort to ensure that information is free from error, ARL cannot accept any responsibility for any errors or omissions in the information on the Web Site. You agree that your access to, and use of, the Web Site or Third Party Web Sites is at your own risk. ARL makes no representation or warranties of any kind as to the operation of the Web Site or Third Party Web Sites, or the information on or content of the Web Site or Third Party Web Sites, except as otherwise required under applicable laws.
(d) ARL does not guarantee that the Web Site or Third Party Web Sites will be free from viruses or other conditions which could damage or interfere with any hardware or software with which it might be used, or that access to the Web Site or Third Party Web Sites will be uninterrupted.
(a) These are the current terms and conditions. They replace any other terms and conditions for the Web Site published on the Web Site to date.
(b) ARL may at any time vary the terms and conditions by publishing the varied terms and conditions on the Web Site.
(c) You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Web Site after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.
1.3 Our Products
(a) Material on the Web Site may contain general information about ARL products. Unless expressly stated otherwise, this information:
1. does not constitute an offer or inducement to enter into a legally binding contract; and
2. does not form part of the terms and conditions for sale of ARL products.
(a) The Web Site and all material provided on the Web Site is owned or licensed by ARL, including the “look and feel” of the Web Site, the colour combinations, layout and all graphical elements.
(b) Except where necessary for viewing the material on this Web Site on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Web Site may be modified, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of ARL.
(c) If You believe You own the copyright in any work and that work is displayed on the Web Site without Your permission, please contact ARL and the matter will be investigated.
Trade Marks. This Web Site includes registered trade marks, and other trade marks that are protected by law. The use (or misuse) of any of these trade marks without the prior written consent of ARL is strictly prohibited.
1.5 Third Party Web Sites
(a) The Web Site may contain links to Third Party Web Sites. The links are provided solely for your convenience. ARL is not responsible for the condition, information or materials on Third Party Web Sites as they are not under ARL’s control. ARL does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites.
(b) Subject to any applicable law, which cannot be excluded, ARL makes no warranties or representations:
1. regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web Sites; or
2. that material appearing on Third Party Web Sites does not infringe the intellectual property rights of any person. ARL is not authorising the reproduction of material appearing on Third Party Web Sites by linking the Web Site to Third Party Web Sites.
(c) When You follow a link on the Web Site, material at a Third Party Web Site may be displayed in Your browser framed by the Web Site. This material is third party material for the purpose of these terms and conditions
(d) ARL is not responsible for the privacy practices of Third Party Web Sites. Please take care at all times to check whose site you are visiting.
Subject to clause 1.7, You hereby agree to indemnify and hold ARL free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs on a full indemnity basis) whatsoever arising out of or referable to Your use of the Web Site and/or Your breach of these terms and conditions.
1.7 Limitation of Liability
(a) Subject to any responsibilities implied by law and which cannot be excluded, ARL is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of the Web Site or your use of Third Party Web Sites linked to the Web Site, whether in contract, tort including negligence, statute or otherwise
(b) Liability of ARL for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ARL’s option, to:
1. the supply of the information, goods or services again;
2. the repair of the goods; or
3. the payment of the cost of having the goods or services supplied again or repaired.
(c) All other implied conditions, warranties or rights howsoever arising, are excluded to the fullest extent permitted by law. In particular, ARL does not warrant the operation of the Web Site or the server which stores and transmits the Web Site is free from viruses or harmful components.
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. ARL makes no representation that the content of the Web Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Web Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Web Site.
These terms and conditions (and the agreement constituted by Your use of the Web Site) and Your access to the Web Site may be terminated at any time by ARL without notice.
1.11 Gift Cards
(a) The SportsPower Gift Card is redeemable for merchandise at participating SportsPower stores only. You can select gifts up to the value of the card, or above the value of the card – you will need to make up the difference with an additional form of payment.
(b) The store is not obliged to accept the use of the card on a sale of under $20. Treat this card like cash. Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemed. The gift card is not redeemable for cash and cannot be used for payment of credit or retailer accounts. The gift card will be void and cannot be redeemed after the expiry date which is 12 months from the date of issue. Any unused balance on expiry will not be refunded or credited. Cash will not be given on any unused balance. The Gift Card cannot be reloaded.
(c) The gift card is partially redeemable. You are liable for all transactions on this card. We reserve the right to change these terms and conditions of use at any time. For more information or for assistance with your Gift Card call the Gift Card Help Desk on 1300 55 33 80
Win one of 5 SportsPower $1000 Gift Vouchers
1. Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter
3. Subject to clause 4, entry is open to all residents of Australia aged 16 years or over who have fulfilled the requirements set out below (‘Eligible Entrants’).
4. Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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. The Promoter is Associated Retailers Limited (ABN 42 004 52 0030) of 169 Burnley Street, Richmond VIC 3121 (‘Promoter’). Phone: (03) 9254 0100.
How to enter
6. To enter Eligible Entrants must, during the Promotional Period (defined below) purchase any product/s at a SportsPower outlet (‘Eligible Product Purchase’) to receive one (1) entry card containing a unique entry code. Eligible Entrants must then visit the website sportspower.com.au and follow the instructions to submit a competition entry.
8. Entries must include all requested contact details, including a valid email address, to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries may be deemed invalid.
Number of Entries permitted
9. One entry per Eligible Product Purchase. All entrants must retain their original receipts, documents or tags to validate proof of purchase during the promotional period. Such evidence must, on request by the Promoter, be provided to the reasonable satisfaction of the Promoter, to demonstrate that the entrant has complied with these Terms and Conditions. Any entrant found to be sharing any receipt or other proof to demonstrate Proof of Purchase with any other entrant, whether or not related in any way, will have all entries invalidated and will not be able to claim a prize. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter may conduct an immediate redraw if the first drawn entrant is unable to satisfy this clause.
Open, Close, Draw and Publish dates
10. The competition commences on 06/11/2017 at 9am (AEDST) and closes 25/12/2017 at 1pm (AEDST) (‘Promotional Period’). Entries must be received by the Promoter prior to the competition close date and time to be eligible to enter.
11. The winners will be the first valid entries drawn at Associated Retailers Limited, 169 Burnley Street, Richmond VIC on 9/01/2018 at 11am (AEDST). The Promoter will ensure that all entries have an equal chance of winning a prize.
12. The winners will be notified by email within two business days of the draw. Their names will also be published on sportspower.com.au for 28 days.
13. Prizes (or in the case of vouchers, prize confirmations) will be sent to respective winners store within 28 days of the draw.
14. The Promoter may conduct such further draws on 10/04/2018 at 11am (AEST) at Associated Retailers Limited, 169 Burnley Street, Richmond VIC in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by email within two business days of the draw. Their names will also be published on sportspower.com.au for 28 days.
Prize on offer
15. The total prize pool is valued at up to $5000 (Including GST).
16. The first five (5) valid entries drawn will each win a $1000 SportsPower Gift Voucher. Each Gift Voucher must be used in full within 12 months of the draw and usage must be in accordance with all SportsPower Gift Voucher Terms and Conditions.
Further Terms and Conditions
17. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
18. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
19. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and 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.
20. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
21. The Promoter reserves the right to request winners to sign a winner’s deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
22. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
23. The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated store address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.
Privacy Collection statement
Copyright, Statutory guarantees, Waiver and liability
25. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
26. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
27. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
28. The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use “scripting” is not permitted and will not be accepted.
29. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
30. Nothing in these Terms and Conditions limit, exclude or modify 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 Guarantees’).
31. 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 The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.
ACT Permit no. ACT TP 17/02150
NSW Permit no. LTPS/17/18621