Introduction
1. By submitting an entry to this promotion, you agree to be bound by these Terms and
Conditions. Entries must comply with these Terms and Conditions to be valid.
2. The promoter of this competition is GYROstream PTY LTD trading as G.Y.R.O. (ABN 93 637 013 711) of 279 Brunswick St, Fortitude Valley QLD 4006 (“Promoter”).
3. For further information on this promotion, please contact marketing@gyro.music.
Who can enter?
4. Entry is only open to all Australian residents, who are aged 18 years or over.
5. The Promoter’s officers, employees or contractors and other companies providing goods or services to the Promoter in connection with the promotion, and their immediate families, are all ineligible to enter this promotion. Immediate family includes spouse, de facto spouse, parents (including any adoptive or foster parent), grandparents, natural or adopted children and siblings. A person involved in the management of any organisation benefiting from this promotion is also ineligible to enter the promotion.
Promotion Period
6. Entries open on 22 June at 4pm AEST and close on 30 June at 9am AEST (“Promotion Period”).
7. Entries received after the Promotion Period will automatically be deemed invalid.
How do you enter?
8. To enter, entrants must, during the Promotion Period:
a. follow both @gyro.music and @sproutaus on Instagram;
b. locate and like the competition post on the @gyro.music or @sproutaus Instagram
page; and
c. in the competition post comments section, the entrant must tag two friends in each
comment they’d trust with speaker privileges.
9. Multiple entries permitted, subject to the following:
a. only one entry per comment; and
b. each comment must be submitted in accordance with the entry requirements.
10. Entry to this promotion is free.
11. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the promotion repeatedly is prohibited. Any entries submitted using such means are invalid.
12. Incomplete, indecipherable or illegible entries will be deemed to be invalid. The Promoter may reserve the right to disqualify entries in the event of non-compliance with these Terms and Conditions. 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 eligible entrant. If the dispute cannot be resolved, the Promoter’s decision will be final.
13. The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age and address) and to disqualify any entrant who submits an entry that does not comply with these Terms and Conditions, or contains any unlawful, defamatory, offensive or inappropriate content or infringe any third-party rights, including intellectual property rights, or any entrant who tampers with the entry process. If there is a dispute about the identity of an entrant, or the conduct of the promotion or claiming the 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.
The prize
14. The first valid and correct entry drawn will win 1 x Sprout Prize Pack (includes 1x Invoke Lite Bluetooth Headphones, 1x Maverick Hybrid 2 3-in-1 Speaker, 1x Speaki 2 Bluetooth Speaker, 1x Cadence Lite TWS Earbuds) & G.Y.R.O. (1 year of free uploads)), valued at RRP$1000 (inc. GST).
15. All prize values are in Australian dollars and inclusive of GST. Prizes must be taken as supplied and are not transferable, exchangeable or redeemable for cash.
16. Any prize supplied by a third-party supplier is subject to the terms and conditions of that third party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third-party supplier, except for any liability which cannot be excluded by law.
17. Prizes may not, without the Promoter’s prior consent, be resold or offered for resale (including via auction) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a prize is sold or used in breach of this condition, the Promoter may, at the Promoter’s reasonable discretion, withdraw the prize. The Promoter reserves the right to use any forfeited prize for other promotions.
Prize draw
18. The draw will take place at 279 Brunswick St, Fortitude Valley, QLD 4006 on 1 July at 9am AEST.
19. The winner will be determined by random selection by computerised random selection. The Promoter’s decision is final, and no correspondence will be entered into. Only one winner will randomly be drawn from the pool of entries for this promotion.
20. The Promoter will notify the winner via direct private message on Instagram to confirm they have won the prize. To claim the prize, the winner must accept the prize within 30 days after notification by sending a private message back to Promoter confirming their contact details (including name, postal address, email or phone).
21. The prize will be delivered to the winner’s Australian address within 28 days. Any ancillary costs associated with redeeming the prize are not included. The winner of the prize will not be charged an administrative or delivery fee upon receipt of their prize.
22. The winner’s first name and surname initial will be published on G.Y.R.O.’s website under ‘Competitions’ found at https://www.gyrogroup.co/competitions for a minimum period of 28 days.
Unclaimed prize draw
23. All reasonable attempts will be made to identify and make contact with the winner.
24. If a winner does not claim their prize or where the winner drawn is not eligible:
a. their entry will be deemed invalid;
b. the prize or that element of the prize will be forfeited by the winner and cash will not be
awarded in lieu; and
c. a second chance draw may take place on 1 October 9am AEST at the same place and in
the same manner as the first draw in order to distribute any unclaimed prizes.
25. The winner will be notified in writing in the same manner as the prize draw under paragraphs 20 - 22 (inclusive).
Supply of an alternative prize
26. Prizes are subject to availability. If the Promoter are unable to provide a winner with the prize (or part of a prize), for whatever reason, the Promoter will use reasonable endeavours to supply an alternative prize (or that part of the prize) of equal value and/or specification, unless to do so would be prohibited by law. Suspension, cancellation, modification or termination of the promotion
27. If for any reason beyond the Promoter’s reasonable control, the Promoter cannot conduct the promotion as anticipated, the Promoter may cancel, suspend, modify or terminate the promotion and invalidate any affected entries, or not provide, suspend, modify or replace the prize (provided that any substitution of the prize is of same or greater value as the original prize), unless to do so would be prohibited by law and subject to any written directions or approval from the relevant regulatory authorities.
Privacy Policy
28. The Promoter collects your personal information about you including Instagram handle and if you are selected as a winner - name, postal address, email or phone, for the purposes of:
a. conducting this promotion, determining and notifying the winner (which may include
disclosing that personal information to prize suppliers and regulators).
29. By participating in this promotion, you consent to the Promoter collecting and using your personal information for the above purposes and in accordance with the Promoter’s
Privacy Policy. The Privacy Policy is available at Privacy Policy | G.Y.R.O. The Promoter may also disclose your personal information to Sprout.
30. If you would like to access or correct the personal information that the Promoter holds about you, you should contact the Promoter by email at marketing@gyro.music.
31. You may ‘opt out’ of further promotional or marketing communications from the Promoter by using the ‘opt out’ function on any electronic marketing materials received.
Liability
32. To the extent permitted by law, the Promoter will not be liable for any loss (including, without limitation, indirect or consequential loss), expense, damage, personal injury or death which is suffered or sustained in connection with the promotion including the prize or the taking of the prize. This paragraph will not apply to the extent the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and will not apply to any liability which cannot be excluded by law.
33. The Promoter accepts no responsibility for late, lost or misdirected entries or communications. The Promoter accepts no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, caused by circumstances beyond the Promoter’s control. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion. The Promoter may, in the Promoter’s reasonable discretion, subsequently recommence this promotion (under the same terms and conditions)
and if the Promoter does that, the Promoter will include valid entries provided prior to the
recommencement on such basis as the Promoter reasonably deems fair and equitable, and in accordance with the Promoter’s obligations at law.
34. Except as contemplated by paragraph 37, nothing in these Terms and Conditions is intended to limit any rights of the entrant under the Competition and Consumer Act 2010 (Cth).
35. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by the Promoter in connection with these Terms and Conditions or the promotion and the Promoter’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then the paragraph directly above does not apply to that liability and instead the Promoter’s liability for such failure is limited to (at the Promoter’s election):
a. in the case of the supply of goods, replacing the goods or supplying equivalent goods,
repairing the goods, paying the cost of replacing goods or of acquiring equivalent goods
or paying the cost of having the goods repaired; or
b. in the case of supply of services, supplying the services again or paying the cost of
having the services supplied again.
Social networks
36. You must comply with Meta’s terms of use.
37. By entering this this promotion, you acknowledge and agree that it is in no way sponsored, endorsed or administered by, or associated with Meta.
38. You release Instagram from all liability and claims in relation to this promotion. Any questions, comments or complaints regarding this promotion should be directed to the Promoter and not to Meta.
Tax
39. The Promoter accepts no responsibility for any tax implications or liabilities that may arise from accepting a prize. Entrants must seek their own independent financial advice in regard to any tax implications or liabilities relating to the prize, or the acceptance of the prize.
Governing law
40. These Terms and Conditions are governed by the laws of Victoria, Australia.