Tyro Festive Decorations Competition
Terms and Conditions of Entry
1. The Tyro Festive Decorations Competition (Competition) is run by Tyro Payments Limited ACN 103 575 042 AFSL 471951 of Level 1, 155 Clarence St, Sydney NSW 2000, telephone number (02) 8907 1700 (Tyro).
How to apply
2. Information on how to apply, the process of entry and prize details form part of these Terms and Conditions.
3. The Competition commences at 10.00am (Sydney time) on 16 December 2019 and closes at 6.00pm (Sydney time) 23 December 2019 (Competition Period).
4. To enter the Competition, Entrants (as defined in clause 8) must submit an image of their store via a direct message to https://www.facebook.com/tyrolimited/ that:
- contains a sticker featuring Tyro’s current logo on either the Eligible Entrant’s Point of Sale system, EFTPOS machine, store counter or store entrance; and
- features festive decorations.
5. Only one entry may be submitted per Eligible Entrant.
6. Entries will be deemed accepted at the time of receipt by Tyro, not at the time of submission. Entry into this Competition is deemed to be an acceptance of these Terms and Conditions (including any amendments).
Who may enter
7. Entrants must:
- be over 18 years of age;
- have transacted using their active Tyro EFTPOS facility within 7 days of the commencement of the Competition Period; and
- have a valid Australian bank account.
8. Employees, directors or management of Tyro, including their immediate family members, and any of Tyro’s associated companies, suppliers and agencies cannot be Eligible Entrants.
9. Eligible Submissions will be judged based on the following criteria (Judging Criteria):
- prominence of Tyro’s logo;
- the size and coverage of festive decorations in the image; and
- the perceived effort of the Eligible Entrant in the decorations featured in the image.
10. The Competition is a game of skill, chance plays no part in determining the winner/s and each Eligible Submission will be individually judged by a panel from Tyro’s marketing department on the basis of the Judging Criteria.
11. Judging of all Eligible Submissions will commence at 10.00am (AEDT) on 24 December 2019. The judges’ decision is final and no further correspondence will be entered into.
12. There will be up to 5 prize-winners (Prize Winners) selected by the judging panel based on the Judging Criteria.
13. If there are less than 10 Eligible Submissions, the number of Prize Winners will be as follows:
|Number of Eligible Submissions||Number of Prize Winners|
14. Each Prize Winner will receive a cash prize of $1,000.
15. Prize Winners will be announced at 5.00pm (Sydney time) on 24 December 2019 on Tyro’s Facebook page at https://www.facebook.com/tyrolimited/ (Announcement Date). The Prize Winners will also be contacted directly by Tyro by email within two (2) business days after the Announcement Date.
16. Prize Winners must provide details of a valid Australian bank account in their name in order to claim their prize. Subject to this, prizes will be provided to each Prize Winner by Tyro within 14 business days from the Announcement Date, by Tyro depositing the funds into the Prize Winner’s nominated bank account.
17. The prize is not exchangeable or transferable.
Cancellation or suspension
18. Tyro reserves the right, in its absolute discretion, at any time before awarding the prizes to cancel or vary the Competition, or cancel, vary or withdraw its prizes.
19. If Tyro cancels or varies the Competition, or cancels, varies or withdraws the prizes, Tyro is not:
- liable to any person for any costs, loss or damage whatsoever arising out of, or in connection with, such cancellation, variation or withdrawal; or
- required to conduct the Competition at any other time.
20. Each Entrant represents and warrants that:
- they have not tampered with the entry process;
- they have not provided incorrect, misleading or fraudulent information to Tyro;
- their entry does not contain offensive, objectionable or inappropriate content or content that has the potential to damage the reputation of Tyro or any person;
- their Eligible Submission is their original work and they have obtained the permission from all persons appearing in any images and property owners to enter this Competition.
- their Eligible Submission is not, and its use by Tyro or other persons will not, infringe the rights (including intellectual property rights) of any third party.
21. Tyro reserves the right in its sole discretion to disqualify any entry where it is satisfied that the Entrant is in breach of any of the above representations or warranties.
22. To the maximum extent permitted by law, Tyro (including its officers, employees and agents) 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 the following:
- any misdirected, lost or unsuccessful efforts to notify the Prize Winners;
- any technological malfunction or failure, Internet traffic congestion, or for outdated or incorrect contact details by which the Entrant cannot be contacted;
- any theft, unauthorised access or third party interference;
- an Entrant failing to win, winning, accepting or using a prize; and
- any tax liability, cost or expense incurred by a Prize Winner or Entrant.
Intellectual property ownership
23. Entrants assign all intellectual property rights in the entries to Tyro on entering the Competition. Where intellectual property rights are not capable of assignment, Entrants grant Tyro a non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish or display the content of the Eligible Submission. In respect of rights that are assigned to Tyro, Tyro grants a non-exclusive, non-transferable, royalty-free licence to use, reproduce, modify, adapt, publish or display the content of the Eligible Submission to the relevant Entrant.
24. An Entrant’s personal information is collected, used and disclosed:
- for the purposes of conducting the Competition;
- for direct marketing purposes; and
25. If the Entrant has provided personal information about another person, the Entrant confirms that it has obtained the person’s implied or express consent for their personal information to be collected, used and disclosed as described above.
26. To access or correct any of the Entrant’s personal information, or if the Entrant does not wish their information to be used or disclosed in a particular way, the Entrant should contact Tyro by emailing [email protected].
Publicity and promotion
27. Entrants agree to, at Tyro’s request, participate in reasonable promotional activity surrounding the Competition or the winning of any prize, free of charge, and they consent to Tyro using their name and image in promotional material. Without limitation, Entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Competition, or in taking or using any prize, and they consent to Tyro repeating any such broadcast, film or other recording at any time.
28. Entrants consent to the disclosure of their information (including their entry) to third parties for such purposes and grant to Tyro a free, non-exclusive, worldwide, sublicenseable, perpetual and irrevocable licence to use, reproduce, distribute, adapt, publish, broadcast communicate and perform their Eligible Submission, in whole or in part for any purpose including the Competition.
29. As a condition of entering into this Competition, each Entrant agrees not to make any public announcement or participate in any promotional or advertising activities about, or in relation to, the Entrant’s participation in the Competition, other than an announcement that the Entrant has, or will, submit an entry for the Competition or otherwise with Tyro’s prior written consent.