Terms and Conditions
The Shootout – Fan Competition
National Basketball League Pty Ltd
Terms and Conditions
1. The Promotion is run by National Basketball League Pty Ltd (ABN 65 164 187 937) of Level 6,10 Queens Road, Melbourne VIC 3004 (Promoter). The Promoter will run a competition in January 2025 with all NBL Clubs to be known as The Shootout (Shootout).
2. Information on how to enter, and the prize details, form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. If you are an eligible person and satisfy all entry requirements as set out below, then subject to these Terms and Conditions, you will be entered into the competition draw (Promotion) to win a prize.
4. Entries into the Promotion open at 7:30pm on 21 November 2024 and close at 11:59pm on 3 January 2025 (Promotional Period).
Eligibility to enter the Promotion
5. Entry to the Promotion is open to all Australian and New Zealand Residents who are at least eighteen (18) years old at the time of entry and comply with the ‘Entry’ provisions set out below. An ‘Australian Resident’ means a person who resides in Australia at the start of the Promotional Period and has an Australian citizenship or an Australian permanent residency visa. A ‘New Zealand Resident’ means a person who resides in New Zealand at the start of the Promotional Period and has a New Zealand citizenship or a New Zealand permanent residency visa.
6. The following individuals are not eligible to enter the Promotion:
a. A director, officer, employee or contractor of the Promoter, LK Group or any related bodies corporate;
b. Any individual who has an accreditation from the Promoter (including but not limited to players, officials and staff);
c. any advertising or promotion agencies of the Promotor; and
d. immediate family members of the above persons, that being a spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
7. Entry into the competition is free, subject to the entry requirements.
Entry into the Promotion
8. To enter the Promotion and be eligible for the Prize Draw, entrants must during the Promotion Period:
a. Visit The Shootout website at https://tradablebits.com/tb_app/513379;
b. Follow the prompts to input your details including full name, email, phone number and postal code; and
c. Nominate:
i. which NBL Club will be the most successful team at The Shoutout (i.e. that will score the highest number of points in their nominated game); and
ii. what your chosen NBL Club’s winning score will be.
9. Entrants can only enter the Promotion once.
10. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render any entries submitted by that individual invalid.
11. Each entry must be made in accordance with these Terms and Conditions. By entering the Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
Prize Draw
12. The total retail value of the Promotion prize pool is AU $105,400 (excluding GST), as at 4 November 2024.
Major Prize
13. There will be one (1) winner of the major prize who will receive AU$100,000 (Major Prize). The Major Prize winner will be the entrant who correctly nominates which NBL Club will win The Shootout and has the correct (or closest to the correct) highest score guess. The competition to win the Major Prize is a game of skill.
14. The entries will be reviewed and the winner determined following the conclusion of The Shootout, which will be on or around 7 February 2025.
15. The winner of the Major Prize will not be eligible to go into the draw for a Minor Prize.
16. In the event that:
a. No entrant nominates the correct NBL Club to win The Shootout, the winner will be the entrant who guessed the correct (or closet to the correct) highest score guess (regardless of their NBL Club nomination).
b. There are multiple entrants who choose the winning NBL Club and/or the correct (or closest to) highest score in any given scenario, a draw will be conducted to randomly choose the Major Prize winner. The draw will be conducted by Anisimoff Legal, an independent third party, located at Level 3/162 Collins St, Melbourne, VIC, 3000 at 10:00am AEDT on 10 February 2025. Entrants are not required to be present at the draw to win.
Minor Prize
17. There will be ten (10) minor prizes given away as part of the Promotion, one for each NBL Club (Minor Prize). The prizes are as follows, each with one (1) winner selected from entrants who nominated the specific NBL Club to win The Shootout:
|
Minor Prize |
Retail Value (AUD, excluding GST) |
|
2 x Courtside Tickets for Sydney Kings |
$540 |
|
2 x Courtside Tickets for Illawarra Hawks |
$540 |
|
2 x Courtside Tickets for Cairns Taipans |
$540 |
|
2 x Courtside Tickets for Melbourne United |
$540 |
|
2 x Courtside Tickets for Adelaide 36ers |
$540 |
|
2 x Courtside Tickets for Tasmania Jack Jumpers |
$540 |
|
2 x Courtside Tickets for Perth Wildcats |
$540 |
|
2 x Courtside Tickets for NZ Breakers |
$540 |
|
2 x Courtside Tickets for Brisbane Bullets |
$540 |
|
2 x Courtside Tickets for S.E Melbourne Phoenix |
$540 |
18. All entrants who chose each relevant NBL Club to win The Shootout will go into a random draw to win the Minor Prize for their selected NBL Club. There will be ten (10) draws conducted (one for each NBL Club) to be conducted by Anisimoff Legal, an independent third party, located at Suite 5, Erina Plaza, 210 The Central Coast Highway, Erina NSW 2250 at 10:00am AEDT on 10 February 2025. Entrants are not required to be present at the draw to win.
19. The Promoter may draw additional reserve entries and record them in case an invalid or ineligible entrant is drawn.
20. An independent prize draw scrutineer will be present to oversee any random draw (for the Minor Prize and the Major Prize if applicable) that is conducted for the purposes of the Promotion.
21. Any expenses related to the prize, collecting the prize or enjoying the Major Prize or a Minor Prize (including but not limited to flights, accommodation, meals etc) will be borne by the winners.
22. No component of the prize can be transferred or redeemed for cash or any other service provided by the Promoter. In the event that any of the prizes become unavailable, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions of a relevant regulatory authority.
23. The Minor Prizes are subject to availability from the relevant NBL Club. The tickets will be for selected games (as determined by the relevant NBL Club) as notified to each winner.
24. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.
25. Decisions of the Promoter are final and will be binding on each person who enters the Promotion, and no correspondence will be entered into. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved, the Promoter’s decision will be final.
Prize Awarding
26. The winner of the Major Prize and winners of the Minor Prizes will be notified within two (2) days in writing by direct email message through the email supplied when entering the Promotion and their last name, first initial and postcode published within seven (7) days following the draw at www.nbl.com.au/competitions for at least thirty (30) days.
27. Each winner must respond to the Promoter’s notification message and provide prize delivery details in order to claim their prize. Every reasonable effort will be taken by the Promoter to contact the winner. Each prize must be claimed within fourteen (14) days after the relevant notification date. Any unclaimed prize will be forfeited by the winner.
28. If any winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all regulatory authorities, the entry will be invalidated. If there was a runner-up winner for the Major Prize in any given scenario, such runner up will be deemed the winner of the Major Prize.
29. In the event an additional draw is required for the Major Prize and/or any of the Minor Prizes, a further entry drawn at the same place and the same format as the original draw at 10.00am on 24 February 2025 (with the number of draws conducted as is required in order to distribute the unclaimed prize/s). The winner of the unclaimed prize will be notified within two (2) days in writing by direct email message through the email supplied when entering the Promotion and their last name, first initial and postcode published within seven (7) following the redraw at www.nbl.com.au/competitions for at least thirty (30) days.. This will continue as required until a valid winning entry is drawn for each prize draw.
30. If this Promotion 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 Promotion, as appropriate.
31. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and place of residence) 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 Promotion. 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.
32. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
Exclusion of liability
33. To the full extent permitted by the law, the Promoter will not be liable for any injury, damages, expenses, or loss whatsoever (whether director consequential) to persons or property as a result of any person entering into the Promotion or accepting or using any prize.
34. The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this competition, or for any technical error that may occur in the course of the administration of the Promotion.
35. The Promoter assumes 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.
Data collection and privacy
36. The Promoter collects personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to other third parties, including but not limited to, agents, contractors, service providers and prize suppliers as required in Australia and New Zealand. Entry is conditional on providing this PI. The Promoter will use, and handle PI as set out in NBL’s Privacy Policy available at: https://nbl.com.au/pages/privacy-policy. The Promoter may share your PI with any partner or sponsor of the Shootout and/or the Promotion with prior notice to you.
37. In addition to any use that may be outlined in the Privacy Policies identified above, 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 Policies also contain 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 may disclose entrant's PI to any entity outside of Australia and New Zealand in accordance with its Privacy Policy.
General
38. Entrants agree that they are fully responsible for any materials or responses they submit via the Promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever.
39. As a condition of entering the Promotion, each entrant licenses and grants the Promoter, and the Promoter’s affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
40. 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 a reasonable period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter in connection with the Promotion.
41. 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) (and the New Zealand equivalent), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in New Zealand and 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 their respective officers, employees and agents) 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 Promotion.
42. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are 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. taking of the prize/attendance at the prize event.
43. The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.
44. Authorized under the following permit numbers: NSW: TP/00187 SA: T24/2035 ACT: TP 24/0265
