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AU FEVER IG Giveaway – July 2023

Specific Terms and Conditions

General Terms and Conditions

PURCHASE IS NOT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, SPECIFIC AND GENERAL, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES

Sponsor. Kzemos Australia Pty Ltd(hereinafter, “Fever”), with registered offices at Azure Group Pty Ltd, Level 10, 171 Clarence Street Sydney NSW 2000, AU, is the sponsor, manager and promoter of this Giveaway  that is to be administered in accordance with these Terms and Conditions (“Terms”).

Acceptance of the Terms. By participating in this Promotion, (i) each participant (each one, “you”, “your” or a “Participant“) agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the decisions Fever makes regarding this Promotion in accordance with the foregoing, (ii) you agree to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from your participation in this Promotion or with respect to the adjudication, receipt, possession, use and/or misuse of any of the Prizes awarded in accordance with these Terms, and (iii) you represent that you are at least eighteen (18) years of age. Fever may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices relating to the Promotion. Fever reserves the right to cancel, suspend and/or modify any aspect of the Promotion, if any fraud, technical failures or any other factor beyond Fever’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Fever in its sole discretion. Fever shall communicate any such change to Participants at least through the original publication of the Promotion, itself. Fever’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Fever is not responsible for the content of any external websites that are linked or referenced within these Terms.

Participation in this Giveaway is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize shall depend on the number of entries received. 

Fever is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Fever. Fever will not be responsible for the veracity of any data provided by Participants. 

Participation in this Promotion is completely free and shall not require or otherwise suggest any payment for entry by the Participants. 

Participants. Each eligible Participant must be a natural person, aged eighteen (18) years or older, legally residents of Sydney, New South Wales. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever and/or its employees, agents, freelancers, contractors (and those of any Promotion partners, associated companies or Prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Promotion. If any Participant is found to fall within these categories, regardless of whether they win a Prize, it will be understood that their participation shall be automatically voided.

Fever reserves the right to request a copy of a valid identity document (i.e. national identity card and/or passport) for the purpose of verifying that the participation requirements are met. Fever reserves the right to request any other documentation that it deems appropriate in order to verify the identity of a Winner, and shall have the right to refuse delivery of the Prize in the event that a Winner is found not to comply with the participation requirements or any other part of these Terms. 

Winner Selection. Fever will select the winner (“Winner”) in a random drawing from among the Participants who have entered the Giveaway in accordance with these Terms. Fever will notify the/each Winner in accordance with these Terms, and (after validating Winner’s compliance with the requirements in these Terms) will contact the Winner  to finalize the Prize. 

If a Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and the Prize will be assigned to an alternate to be randomly drawn from the remaining valid entries, under the same conditions noted in these Terms (the “Alternate”). In this case, the Alternate will have the same time period of two (2) calendar days following notification  in which to claim the Prize. In the event that neither a Winner nor the Alternate accept a Prize in accordance with the Terms, the Prize will not be awarded, and Fever will announce this through an update to the original Promotion post. If Fever cannot contact the winning Participants in order to deliver the Prize because the information provided is not true and accurate it will not be responsible for any failure to deliver the Prize.

Prize. Upon notification by Fever, the Winner shall have two (2) business days to claim the Prize, by confirming their relevant contact details with Fever, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize in a purchase on Fever’s website. If a Winner rejects the Prize or in the event of any noncompliance with these Giveaway terms and conditions by a Winner, the Prize will be considered to be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.

Limit of one prize per person or household. Use of the Prize is subject to availability and to the Terms of Use and Vouchers T&Cs available on Fever’s website. The Prize does not include assistance with travel or travel costs or other expenses associated with attending the experience. There shall be no cash awarded in lieu of the Prize. The Prize is non-transferrable. Fever reserves the right to unilaterally substitute any element of the Prize for another of equal or greater value. All taxes applicable to the Prize are solely the responsibility of the Winner, and the Winner shall ensure that they comply with any associated legal and filing requirements. 

Participation through social networks. Instagram does not in any way sponsor, endorse or administer the Giveaway, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of the Giveaway. You may not comment or incorporate content into the Promotion post any content that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. Fever reserves the right to remove such content and / or to inform the competent authorities of any content that appears in breach of  Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their participation in the Giveaway automatically made void. 

Social. Acceptance of a Prize constitutes permission for Fever and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and Fever may refer to your association with the Giveaway (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the Winner to the extent permitted by law. 

Limitation of Liability; Disclaimer of Warranties. By participating in the Promotion, Participants and Winners agree to release and hold harmless Fever and its respective advertising and promotion agencies and its respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, to the extent allowable by law.

IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE PROMOTION. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED £10. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, AND IN THIS CASE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Acceptance and publication of the rules. Participation in this Promotion implies full acceptance of these Terms. Any statement to the contrary by the Participant will result in their disqualification from the Promotion and Fever will, therefore, be released from the fulfillment of the obligations contracted with said Participant under these Terms

Data protection. The personal data that you provide with respect to the Promotion will be processed by Kzemos Australia Pty Ltd (“Fever”), with registered offices at Azure Group Pty Ltd, Level 10, 171 Clarence Street Sydney NSW 2000, AU, as data controller, in order to manage this Promotion and delivery of the Prize.

If you win a Prize, your personal data will be used by Fever only for the purpose of providing you with the Prize and publicising the Winner’s details, as detailed in these Terms. If you choose not to  provide your personal data to Fever, Fever cannot provide the Prize to you. If you are successful in winning a Prize, then Fever will not keep your personal data for any longer than it needs to, either to comply with the law or to fulfill its obligations to you and other third parties. 

Fever will not disclose or share your personal data or with any third party other than those who are engaged by Fever to administer the competition and/or fulfill the Prize. Your personal data may be sent to countries outside of Australia  where Fever (or its third parties’) processing equipment is located in another country or where fulfillment of the Prize happens in another country, but Fever will ensure that any transfer happens in accordance with applicable law.

Fever reminds Participants in the Promotion that at any time you may exercise your rights of access, rectification, deletion, limitation of treatment, opposition to treatment, including the sending of commercial communications by electronic means, and when proceed to the portability of your data by sending an email to DPO@feverup.com. Likewise, you have the right to file a complaint with the competent control authority regarding data protection, such as the case of the Office of the Australian Information Commissioner (OAIC) at https://www.oaic.gov.au/. For more information about Fever’s processing of the personal data of its registered users, please consult the Privacy Policy available here.

Choice of law. These Terms and Conditions are governed and must be interpreted in accordance with the laws of the State of  News South Wales and the Commonwealth of Australia. Any legal claim or dispute that arises in relation to these Terms will be subject to the exclusive jurisdiction of News South Wales Courts and Tribunals in the city of Sydney.

Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Giveaway  Winners List” at Fever C/O Azure Group Pty Ltd, Level 10, 171 Clarence Street Sydney NSW 2000, AU.