Terms and Conditions of Entry for the “Win a year of free childcare at Young Academics Early Learning Centre“ promotion (Promotion)

1. These terms and conditions of entry, including information on how to participate and Major Prize details (Promotion Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Promotion Terms.

2. The promoter is Young Academics Head Office Pty Ltd (ABN 80 642 876 588) of Suite 103, 36-38 Egerton St, Silverwater, New South Wales 2128 (Promoter).

3. The centres participating in the Promotion are:

 (Participating Centres)

4. The Promotion will be open from 5:00am AEST on 18 April 2022 until 11:59pm AEST on 31 May 2022 (Promotion Period).

5. This promotion is approved under [NSW Permit No. TP/01782]

ELIGIBILITY TO ENTER

6. Entry in the Promotion is only open to Australian residents who are natural persons:

a) aged 18 years and over;

excluding:

b) management, employees, directors and contractors of the Promoter, its related bodies corporate and other agencies, firms or companies associated with the Promotion (including the supplier of any Prize) (Excluded Person);

c) a spouse, de-facto spouse, parent, guardian, child or sibling of any Excluded Person;

d) persons who have won a Prize or Prizes valued either individually or collectively at more than $5,000 (including GST) in any promotion run by or on behalf of the Promoter, within the 12 months prior to the commencement of the Promotion Period;

e) persons who have used or attempted to use any more than one name or identity, or a false name or identity, in order to avoid:

1. 1. any limitation on the number of entries that person would be entitled to make in; or
   2. any restriction on that person’s entitlement or eligibility to enter, or to qualify, to win; or
   3. any other term or condition of,

a promotion run by or on behalf of the Promoter (except in the case of a legal change of name);

f) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter; and/or

g) persons who are an existing customer of any ‘Young Academics Early Learning Centre’ (including but not limited to the Participating Centres), including any persons whom have a child or children enrolled at, or on a waiting list for, a centre trading as a Young Academics Early Learning Centre prior to the commencement of the Promotion Period.

(Eligible Entrants).

7. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

8. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period, submit an entry form via the Promoter’s website: www.youngacademics.com.au/promo.

9. ENTRIES MUST BE RECEIVED BY 11:59PM (AEST) ON 31 MAY 2022 IN ORDER TO QUALIFY. The Promoter reserves the right to refuse all entries received after the Promotion Period.

10. A LIMIT OF 1 ENTRY PER ELIGIBLE ENTRANT APPLIES. ENTRANTS MAY ONLY ENTER THE PROMOTION IN THEIR OWN NAME.

11. An entry submitted in accordance with clauses 8 to 10 is an Eligible Entry.

VERIFICATION

12. The Promoter reserves the right, at any time, to verify the validity of entries (whether or not an Eligible Entry) and entrants (including an entrant’s identity, age and place of residence) (whether or not an Eligible Entrant) and to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any time does not constitute a waiver of those rights.

13. In order to claim a prize, the Major Prize winner may be required to sign a declaration confirming their identity and compliance with these Promotion Terms.

14.  The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Promotion Terms or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

THE MAJOR PRIZE

15. The major prize is 1 year of childcare at one of the Participating Centres as nominated by the winner (Nominated Participating Centre), valued at no less than $11,336 (Major Prize) and includes:

i) 2 days of childcare per week for 1 child of the winner between the ages 6 weeks to 6 years old at the Nominated Participating Centre;

ii) for the days the winner’s child attends the Nominated Participating Centre, 5 meals per day for the child together with personal care resources including but not limited to nappies, wipes, avent bottles and sunscreen.

16. The winner’s redemption of the Major Prize is subject to:

a) availability of rooms and days within the Nominated Participating Centre;

b) any waiting periods at the Nominated Participating Centre as at the date of redemption; and

c) the Nominated Participating Centre being constructed and lawfully authorised to trade as a child care centre within 12 months after the date of the Draw (or the date of the Re-Draw as the case may be).

d) any other regular terms or conditions of the Promoter or the Nominated Participating Centre in the ordinary course of its business.

17. If:

a) the waiting period at the Nominated Participating Centre exceeds 12 months from  the date of the Draw (or the date of the Re-Draw as the case may be), the Major Prize will remain valid for as long as the child remains on the Nominated Participating Centre’s specific waiting list, however the winner is obliged to accept the first offer of enrolment from the Nominated Participating Centre; or

b) the Nominated Participating Centre has not been constructed and/or is not lawfully authorised to trade as a child care centre as at the date of the Draw (or the date of the Re-Draw as the case may be):

i) the Major Prize will remain valid until the date that the Nominated Participating Centre has been constructed and/or is lawfully authorised to trade as a child care centre; or

ii) the winner may nominate an alternative Participating Centre if the original Nominated Participating Centre is not constructed and lawfully authorised to trade as a child care centre within 12 months after the date of the Draw (or the date of the Re-Draw as the case may be). Such alternative nomination must be made by the winner within 14 days after the date that the Promoter informs the winner that the original Nominated Participating Centre will not be authorised to trade as a child care centre within 12 months after the date of the Draw (or the date of the Re-Draw as the case may be).

18. The term of the Major Prize (Term):

a) will commence on the date that the winner’s child is enrolled at the Participating Centre nominated by the winner under clause 29(a) and ends 12 consecutive calendar months after that date;

b) includes any holiday closure periods imposed or observed by the Promoter and/or Nominated Participating Centre;

c) cannot be paused or suspended by the winner; and

d) for the avoidance of doubt, will not be affected or extended by any holiday closure periods imposed or observed by the Promoter and/or Nominated Participating Centre, or any days which the winner’s child does not attend the Nominated Participating Centre.

19. If the winner’s child does not attend the Nominated Participating Centre on the days nominated under clause 30(d), the winner will not be entitled to make-up sessions or additional attendance days. Any such additional attendances facilitated by the Nominated Participating Centre shall be at the winner’s cost and do not form part of the Major Prize.

20. The Promoter may, in its sole and absolute discretion, permit the winner to redeem the Major Prize for a different Participating Centre, date or days outside of the winner’s original choice.

21. Transport to and from the Nominated Participating Centre and any other costs or expenses not listed in clause 15(a) or 15(b) are not included in the Major Prize and will not be covered by the Promoter.

22. The Major Prize is not transferable, exchangeable or redeemable for cash, credit or product and no exchanges are offered.

23. THE DRAW AND CLAIMING THE MAJOR PRIZE

24. The Promotion is a game of chance and, as such, winning entries will be based on an element of luck or chance to be drawn or generated at random from a pool of entrants.

25. The random prize draw will take place at 3:00PM AEST on 2 June 2022 at Young Academics Early Learning Centre, Suite 103, 36-38 Egerton St, Silverwater, New South Wales 2128, by the Senior Manager – Marketing & Communications or such other person authorised by the Promoter, from all Eligible Entries received during the Promotion Period (Draw).

26. The first Eligible Entrant with a valid Eligible Entry drawn in the Draw will win the Major Prize.

27. The Draw winner will be:

a) notified by telephone and e-mail; and

b) published on the Promoter’s website https://www.youngacademics.com.au/ and Facebook page https://www.facebook.com/YoungAcademicsAU/. 

28. If the Major Prize remains unclaimed by 8 September 2022, a random re-draw will be conducted on that date at 10:00am (AEST) at Young Academics Early Learning Centre, Suite 103, 36-38 Egerton St, Silverwater, New South Wales 2128, by the Senior Manager – Marketing & Communications or such other person authorised by the Promoter, from all remaining Eligible Entries received in the Promotion (Re-Draw).

29. The Re-Draw winner, if any, will be:

a) notified by telephone and e-mail;

b) published on the Promoter’s website https://www.youngacademics.com.au/ and the Facebook page https://www.facebook.com/YoungAcademicsAU/. 

30. To claim the Major Prize, the winner must:

a) notify the Promoter of the winner’s nominated Participating Centre and preferred childcare days within 14 days of being notified in accordance with clause 26(a) or 28(a) of these Promotion Terms, or such other Participating Centre or date agreed to by the Promoter under clause 19 of these Promotion Terms; and

b) provide such proof of identity and/or the validity of the winning Eligible Entry; and

c) subject to clause 17, enrol their child at the Participating Centre nominated under clause 29(a) up to 2 days per week within 12 months of the date of the Draw (or the date of the Re-Draw as the case may be);

d) at the time of enrolment, nominate the days on which the winner’s child will attend the Nominated Participating Centre; and

e) sign such consents, enrolment forms, legal documentation and/or or other terms and conditions applicable to the Nominated Participating Centre, as and in the form required by the Promoter and/or the Nominated Participating Centre in their absolute discretion, including but not limited to a legal release and indemnity form.

f) If more than one person attempts to claim the Major Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant.

GENERAL

32. The Promoter accepts no responsibility for any variation in the value of the Major Prize.

33. If the Promoter or its suppliers are unable to provide the winner with the nominated Major Prize, the Promoter reserves the right to supply an alternative major prize of similar monetary value to the Major Prize, subject to any directions given by Fair Trading NSW.

34.The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available, or that the Participating Centre will be open, at all times during the Promotion Period.

35. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any lawful action that may be available to it, including (without limitation) cancelling, terminating, modifying or suspending the Promotion.

36. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Draw in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to enter or to win.

37. Incomplete, illegible, indecipherable or incorrect entries may be excluded by the Promoter, in its absolute discretion, from eligibility to win.

38. The Promoter may, in its absolute discretion, disqualify entries in the event of non-compliance with these Promotion Terms.

39. By participating in the Promotion, and as a condition of claiming the Major Prize, you agree to indemnify, defend and hold harmless the Promoter and its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these terms and conditions, or out of your acceptance and use of the Major Prize.

40. The:

a) Promoter, the Promoter’s related entities and associates, the Participating Centres, and all agencies associated with the Promoter and/or Promotion; and

b) the employees, agents, directors and contractors, of all entities referred to in clause 39(a),

shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of, or participation in, the Major Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

41. By entering the Promotion, you agree and acknowledge, to the fullest extent permitted by law:

a) that the Promoter (or an agent of the Promoter) and/or, with the Promoter’s consent (including consent subject to any conditions), the Participating Centre (or an agent of the Participating Centre), may:

(i) obtain comments from you about the Promotion and take photos or recordings of you (and contacting you for those purposes);

(ii) use any of the comments, photos or recordings obtained from you, your name, and/or likeness (the Materials) for the Promoter’s and/or, with the Promoter’s consent (including consent subject to any conditions), the Participating Centre’s, future promotional and marketing purposes without further reference or compensation;

(iii) may duplicate, alter, adapt and utilise the Materials in any manner at anytime, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence); and

(iv) may license, authorise or otherwise transfer the rights in the Materials to others to do the things outlined in clause 40(a)(iii) of these Promotion Terms;

b) on creation of the Materials, you:

(i) grant to the Promoter a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter determines; and

(ii) where the Promoter consents, you grant to the Participating Centre, a royalty free, perpetual, non-exclusive and irrevocable licence to use the Materials for whatever purpose the Promoter consents to;

c) you unconditionally and irrevocably:

(i) consent to any act or omission that would otherwise infringe any of your moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and

(ii) waive all Moral Rights in the Materials that arise outside Australia; and

d) you agree not to institute, maintain or support any claim or proceeding for infringement of your Moral Rights in the Materials.

42. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Major Prize.

43. Eligible Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.

44. Each entrant acknowledges and agrees that it is a condition of participation in the Promotion that the entrant be capable of agreeing to these Promotion Terms and giving the consents contained herein.

45. The laws of New South Wales govern the Promotion.

PRIVACY

46. The Promoter collects (and the Participating centres collect on the Promoter’s behalf) personal information about entrants to include entrants in the Promotion, to process entries, and where appropriate award the Major Prize. If the personal information requested is not provided, you cannot participate in the Promotion. By participating in the Promotion, you consent to the collection and use of your personal information by the Promoter and/or the Participating Centre or the Promoter’s related entities, agencies and other third parties engaged to provide services in connection with the Promotion (including suppliers of Major Prizes) for use for the following purposes:

a) processing entries;

b) contacting the entrant or winner in relation to the Promotion;

c) delivering the Major Prize;

d) improving the Promoter’s, the Promoter’s related entities’ or the Participating Centre’s goods and services; and

e) the purposes set out in the Promoter’s privacy policy (available at https://www.youngacademics.com.au/privacy-policy/ or by writing to the Promoter at the address set out in clause 2 of these Promotion Terms) (Privacy Policy).

You may withdraw your consent under this clause at any time by giving notice in writing to the Promoter at Suite 103, 36-38 Egerton St, Silverwater, New South Wales 2128. You can gain access to, update or correct any of your personal information held by the Promoter by contacting the Promoter at Suite 103, 36-38 Egerton St, Silverwater, New South Wales 2128. You can also gain access to, update or correct any of your personal information held by the Participating Centre by contacting the Participating Centre at Suite 103, 36-38 Egerton St, Silverwater, New South Wales 2128. All personal information will be stored at the office of the Promoter and/or the Participating Centre, as the case may be.