Full Terms and Conditions eBay Australia and Twitch Quiz Competition 1. Information on how to enter and prizes form part of these terms and conditions. By participating, entrants agree to be bound by these terms and conditions. Entries must comply with these conditions to be valid. 2. The Promoter is Amazon Commercial Services Pty Ltd (ABN 30 616 935 623) of Level 37, 2 Park Street, Sydney NSW 2000, Australia (trading as “Amazon AU” or “Amazon Australia”). 3. Entry is open to residents of Australia who are 13 years and over and have a valid Twitch account. Employees, contractors and the immediate families of the Promoter, any prize drawers, any related entities, and any agencies associated with this competition are ineligible to enter. How to enter 4. Each entrant must access: a. Okjluv’s stream on twitch.tv/okjluv between 20:30 and 22:30 AEDT on 11/11/2022; and/or b. Moxie2D’s stream on twitch.tv/moxie2d between 18:00 and 20:00 AEDT on 23/11/2022, (individually the Streamer, and together the Streamers). Entrants do not need to register to participate in the competition. 5. The Streamer will ask a total of four (4) questions during their scheduled stream by announcing it on the stream and posting the question in the Twitch Chat for their stream. The answer to the question can be found by searching www.ebay.com.au. Each of the four (4) questions may be asked at any time during the scheduled stream. 6. To enter, each entrant must submit an answer to the question by typing in the Twitch Chat. Entrants can submit multiple answers for each question, however, each entry must be unique and submitted separately. 7. For Okjluv’s stream, the competition commences at 20:30 AEDT on 11/11/2022, and closes and entries will not be accepted after 22:30 AEDT on 11/11/2022. For Moxie2d’s stream, the competition commences at 18:00 AEDT on 23/11/2022, and closes and entries will not be accepted after 20:00 AEDT on 23/11/2022. Determination of winners 8. This competition is a game of skill. Chance plays no part in determining the winners. The judge’s/judges’ decision is final and binding – no correspondence will be entered into. 9. Judging by Twitch employees will take place during the scheduled streams. Twitch employees will be monitoring the Twitch Chat of the Streamer during their scheduled stream. A winner will be determined for each question asked by the Streamer. The winner for each question will be the entrant who answers that question correctly first by typing and entering their answer in the Twitch Chat. 10. Entries (in the form of an answer to a question asked on stream) will be deemed accepted at the time transmitted to the Twitch Chat. Any dispute relating to whether entries have been received or not will be determined by the Promoter, whose decision is final. Any entry that contains content that the Promoter, in its sole discretion, considers to be incomplete, inaccurate, underage, erroneous, ineligible, offensive, misleading, inappropriate or incomprehensible will be deemed invalid, as well as any entry that the Promoter, in its sole discretion, considers to infringe any intellectual property rights or other rights of any person, corporation or entity. 11. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner does comply with these terms and conditions. Prizes 12. The prize is one (1) box of Pokémon Trading Cards. Each winner will receive one (1) prize, with a total of eight (8) prizes available. 13. Limit applies of one (1) prize per person. 14. Prizes are not transferable and are not redeemable for cash or other products or services. In particular, prizes may not, without the prior consent of the Promoter and any applicable third party supplier of the prize (Supplier), be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a prize is sold or used in breach of this condition, the Promoter or the Supplier may, at their absolute discretion, withdraw the prize. Where a prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered. 15. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute the prize for another prize of equal or greater value. Notification of winners 16. A Twitch employee will notify each winner that they have won by sending a Twitch direct message (via a ‘Whisper’) to the winner during (or shortly after) the scheduled stream of the Streamer. The Whisper will contain instructions on how the winner can claim their prize, including to share their contact and shipping details via the mailing form hosted at https://forms.gle/B2G4UPY8jx1eZaHRA/. 17. If a winner has not claimed their prize by 09:00 AEDT on 30/11/2022 or otherwise forfeits their prize despite the Promoter making all reasonable efforts to notify the winner, the Promoter may deem that winner as ineligible to receive the prize. If this occurs, no replacement winner will be selected and the prize will not be awarded. 18. If a winner’s contact or shipping details change at any time after they have provided those details to the Promoter but before they have received the prize, that winner must notify the Promoter of the change/s immediately by writing to us at Level 37, 2 Park Street, Sydney, NSW 2000, Australia. 19. The prize will be delivered to each winner within three (3) months of the winner being notified, subject to any delays (including as a result of delivery or processing delays and/or any restrictions as a result of the COVID-19 pandemic). The winner will be notified of any delay. Further details 20. 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). 21. All ancillary costs including but not limited to insurance, taxes (excluding GST) and any and all other expenses incurred as a consequence of receiving the prize are the sole responsibility of the winner. 22. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches, theft or destruction, any cause beyond the Promoter’s control, or unauthorised access to or alteration of the competition. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the competition. Further, the Promoter at its sole discretion may recommence this competition under the same conditions. 23. The Promoter reserves the right to request verification of age, identity, residential address of winners and any other information from entrants relevant to entry into or participation in this competition. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, is in breach of these conditions, provides entries that are offensive or otherwise inappropriate in the sole opinion of the Promoter, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this competition, or who has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 24. The Promoter will not be liable for any loss, damage or injury suffered or sustained (except for any loss, damage or injury which is due to the negligence, fraud or wilful misconduct of the Promoter) as a result of accepting and/or using a prize or in relation to the competition, except for any liability which cannot be excluded by law. 25. Any prize supplied by a third party supplier is subject to the terms and conditions of that third party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third party supplier or otherwise as a result of the winner accepting and/or using a prize (even if caused by negligence), except for any liability which cannot be excluded by law. Nothing in these conditions restricts, excludes or modifies any rights or remedies that cannot be restricted or excluded under applicable law. 23. If in the conduct of this competition, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under applicable law that cannot by law be excluded, the Promoter's liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won. 24. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to the prize. 25. Entrants consent to the Promoter publishing their name and/or associated entry on the Promoter's website and associated social media pages including Facebook, Instagram, Twitch, Twitter and About Amazon blog. 26. Entrants consent to the Promoter using their name, image and/or voice in the event that they are a winner in any media for an unlimited period of time without compensation or remuneration for the purpose of promoting this competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter. If requested by the Promoter, the entrant agrees to sign a separate release required by the Promoter to give effect to this arrangement 27. Any personal property rights in entries are owned by the Promoter. Details from entries will be collected and used for the purpose of conducting this promotion (which may include disclosure to third parties, including but not limited to agents, contractors, service providers and, as required, to Australian regulatory authorities, for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes surrounding this promotion, without any further reference or payment to the entrant. If the Promoter does not collect your information you may not be able to participate in this Promotion. This notice should be read in conjunction with the Promoter’s Privacy Policy, which contains information about how we handle your personal information (including personal information collected via our website) and how to contact us if you have any questions about our management of personal information. Entrants may access, and obtain a copy of the Promoter’s Privacy Policy by visiting https://www.amazon.com.au/gp/help/customer/display.html?ie=UTF8&nodeId=46849 6&ref_=footer_privacy. The Privacy Policy contains information about how entrants may access, update or correct their personal information, 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. You can contact us by writing to us at Level 37, 2 Park Street, Sydney, NSW 2000, Australia, if you have any questions. The Promoter may disclose entrant’s personal information to entities which operate outside of Australia. 28. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. 29. If for any reason this competition is not capable of running as planned, the Promoter reserves the right to modify, cancel, terminate or suspend the competition, subject to relevant state and territory lottery regulations and where necessary the approval of the relevant lottery authority. 30. These terms and conditions are governed by the laws of New South Wales.
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