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Fortress Merch & Membership Survey – Terms and Conditions

1. STANDARD TERMS

1.1 Information on how to enter and the prizes form part of the Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

1.2 Entering this promotion places you on the Fortress mailing list which can be opted out of at any time.

1.3 The Promoter is Fortress Melbourne (ABN 14 627 286 104) of 23 Caledonian Lane, Melbourne VIC 3000.

2. WHO CAN ENTER

2.1 Entry is open to all Australian residents aged 13 or older who complete the
Fortress Merchandise & Membership Survey 2022

2.2 Employees (and their immediate families) of the Promoter, Sponsor and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

2.3 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s 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. Errors and omissions may be accepted at the Promoter’s discretion. 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.
2.4 The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information.

2.5 If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

3. HOW TO ENTER

3.1 Fortress Merchandise & Membership Survey 2022 (“the Competition”) commences on 17/11/2022 at 5:00PM AEST/AEDT and concludes on 9/01/2023 at 9:00AM AEST/AEDT (“the Competition Period” or “the Activation Period”).

3.2 The Competition can be entered by completing the Fortress Merchandise & Membership Survey 2022.

3.3 The entry must fulfil all requirements of the Competition, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Competition may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Competition, your submission may be disqualified at the sole discretion of the Sponsor.

4. PRIZES

4.1 There is 1 Prize Pack to be won, comprising of:
Fortress Merchandise Pack

The total prize pool amounts to: $500.00 AUD

4.2 Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. The prize, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

4.3 Odds of Winning:

The odds of winning depend on a randomised selection process.

4.3 In the event that any prize item is unavailable; the Promoter reserves the right to substitute a prize item of equal or greater value.

5. SELECTION OF PRIZE WINNERS

5.1 Each entrant who has entered the Competition over the Activation Period and registered all details in accordance with clause 3 will be entered into the Competition.

5.2 The Winner will be selected based upon random selection.

The Winner will be contacted using the email address provided in their entry method, as outlined in clause 3.

The Winner will be notified within 7 days of the close of the Competition Period, but may be notified before this time. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.

5.4 The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.

5.5 In order to receive prizes, Winners must be subscribed to Fortress Melbourne communications. As all prize redemptions and Winner communications are conducted via email, unsubscribing from this list will block any attempt by Fortress Melbourne to contact the Winner and may result in a redraw.

6. UNCLAIMED PRIZE DRAW & REDRAWS

If a Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and the next fastest time will be determined to be that day’s winning entry. The Promoter will contact the new Winner in accordance with these Terms & Conditions. The redraw will happen on the 16/01/2022 during business hours (9:00-17:00 AEDT), from the pre-existing pool or participants in Fortress Esports Pty Ltd, Level 9, 152 Elizabeth Street, Melbourne, VIC 3000. Redraw winners will be notified via email.

7. RIGHTS GRANTED BY THE ENTRANT

By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Fortress Melbourne from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Fortress Melbourne may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

8. TERMS AND CONDITIONS

8.1 The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Competition, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.

8.2 The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event that the Promotion is cancelled due to circumstances outside the promoter’s control. Any changes to the competition will be notified to entrants as soon as reasonably possible by the Promoter.

9. LIMITATION OF LIABILITY

9.1 By entering the Competition you agree to release and hold harmless Fortress Melbourne and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Competition; (iii) electronic or human error in the administration of the Competition or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.

9.2 The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Competition. You understand that you are providing your information to the owner of the Competition and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.

10. USE AND DISCLOSURE OF YOUR INFORMATION

The Promoter may incorporate information from entrants in any contest in any database to be used for the purpose of its business. Upon entry into a competition, a contestant gives permission for use of personal data and this information will be retained in accordance with the Privacy Act which is available at https://www.fortressmelbourne.com/privacy-policy/

11. DISPUTES

This Competition is governed by the laws of Australia, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Australia having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Competition). You further waives all rights to have damages multiplied or increased.

12. WINNERS LIST

To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.

13. ACCEPTANCE OF RULES

By participating in the Competition, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.