1.1 “The Fomo Club” Promotion Prize Draws are conducted by the Living the Dream Online Marketing Group Pty Ltd 653 111 874 t/as The Fomo Club (“we”, “us”, “our” and “The Fomo Club”). The Trade Promotion Prize Draws are conducted as part of a Trade Promotion.

1.2 For the purposes of these terms and conditions, the following definitions apply:“Cash Alternative” means that cash amount in Australian dollars which is equal to 70% of the advertised value of the relevant prize won in a Trade Promotion Prize Draw.“General Terms and Conditions” means this document.“Terms and Conditions” means these General Terms and Conditions and any other document incorporated by reference in these terms and conditions. A reference in the Terms and Conditions to the singular includes the plural and vice versa.“Trade Promotion” means the promotion of a particular product or service the purchase of which includes a certain number of entries into the associated Trade Promotion Prize Draw”.”Trade Promotion Prize Draw” means each and every individual prize draw conducted by us in connection with a Classics For a Cause Trade Promotion.

1.3 Additional terms and conditions may apply to each Trade Promotion Prize Draw (“Prize Draw Terms and Conditions”).  The relevant Prize Draw Terms and Conditions are available along with the information about each Trade Promotion Prize Draw.

1.4 The Prize Draw Terms and Conditions as well as any information on how to enter a Trade Promotion Prize Draw form part of the Terms and Conditions.

1.5 The Terms and Conditions apply to all entries into and/or prizes awarded in a Trade Promotion Prize Draw and we reserve the right to change the Prize Terms and Conditions at any time without notice, subject to relevant state/territory legislation approval, by posting such changes on our website www.thefomoclub.com.au.

1.6 The laws of the various state/territories in which the Trade Promotion Prize Draws are conducted apply to the conduct of the Trade Promotion Prize Draws and the Terms and Conditions.

1.7 By using this site or application or entering into any Trade Promotion Prize Draw you agree to abide by these Terms & Conditions and any amendments to the Terms & Conditions as posted to our website.

1.8 If any of these Terms & Conditions is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms & Conditions, which will continue in full force and effect.

2.1 Entry to a Trade Promotion Prize Draw is free and is granted to persons who purchase a product or service in the relevant Trade Promotion and correctly complete the details required at the time of purchase (“Entry Details”’).

2.2 The person whose details are provided with the Entry Details will be the person to whom prizes will be transferred and that is deemed to have agreed to and accepted these Terms and Conditions so far as they apply to entry into the relevant Trade Promotion Prize Draw.

2.3 Entry in the Trade Promotion Prize Draws, granted to persons who acquire a product or service in the relevant Trade Promotion Prize Draw, is subject to the relevant person meeting the following criteria (“Eligible Person”):

     1. a resident of Australia, with the exception of any excluded states or territories, or a resident of a country outside Australia which is not excluded in the relevant Prize Draw Terms and Conditions.

     2. persons who are at least 18 years old.

     3. persons who are who are not Ineligible Persons

2.4 The following persons are ineligible for entry in the Trade Promotion Prize Draws (“Ineligible Persons”):

     1. a member of our management committee, including our board of directors and executive management;

     2. our employees or employees of our subsidiaries;

     3. all other parties (and their employees and agents) directly engaged in conducting the Trade Promotion Prize Draw;

     4. a family member of a person caught by paragraphs (a) and (b), including spouses, de facto spouses, parents, step-parents, siblings, step-siblings, children and adopted children; and

     5. residents of the following states/territories in Australia:
          South Australia;
          Australian Capital Territory

2.5 It is your responsibility as an entrant a Trade Promotion Prize Draw to ensure that you are eligible under all applicable laws to accept the prize should you win the Trade Promotion Prize Draw.

2.6 We reserve the right to disqualify entries in the event of non-compliance with the Terms and Conditions.2.7 All prize values are listed in Australian currency.

2.7 All prize values are listed in Australian currency.

3.1 In the event that a refund of monies paid for the relevant product(s) or service(s) purchases as part of the relevant Trade Promotion is approved by us, the refunds will only be issued via the same method in which payment was originally received and will be processed in Australia dollars.

3.2 Combined with the Entry Details provided by the purchaser of the relevant product(s) or service(s) the above refund policy is designed to prevent money laundering activities.

4.1 Where we are unable to provide you with the nominated prize, or you are unable to legally own or receive the nominated prize, or where we are unable deliver a prize due to natural disaster, fire, theft, destruction or other circumstances beyond our control as may arise from time to time, we may at our discretion offer you a substitute prize of the same value in Australian Dollars in our absolute discretion, subject to any written consent required from any relevant state or territory government department.

4.2 We will only transfer prizes and title in any property to the person named in the Entry Details, subject to the production and verification of valid identification.

4.3 If you are a foreign resident and you are declared to be the winner you may be required to obtain relevant approvals from a relevant government authority in Australia before we can transfer the prize to you. If such approval is required, you must promptly apply to the relevant authority and obtain requisite approval within a reasonable time before the prize can be transferred to you. We may assist in this process but are not obligated to do so. You are responsible for the costs of any application and also for any costs associated with the acquisition of land by a foreign person, other than those costs set out in these Terms and Conditions. If approval is not obtained or not obtained within what we determine is a reasonable time, we will provide you with a Cash Alternative subject to compliance with relevant state or territory legislative requirements. We will notify you of timeframes or Cash Alternatives if this applies to you.

4.4 Subject to the relevant Prize Draw Terms and Conditions you may elect to receive the Cash Alternative in lieu of the advertised prize.

4.5 If there is no winner of a prize or we are unable to find a prize winner, we will publish this fact on our website and all social media channels.

5.1 Our website or application may contain the content of third parties (“Third Party Content”).  This content may include but is not limited to hyperlinks to external (third party) websites or program sponsors.  None of these things is to be taken as an endorsement, recommendation or approval of the third party, or sponsor or their products or services. We accept no responsibility for the accuracy, currency or suitability or otherwise regarding Third Party Content. Any use or reliance on such content is at your own risk and we do not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance.

5.2 Where hyperlinks to third party websites are provided, we make no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor does it warrant the third party website is free of viruses, trojans or other malicious software.

6.1 You agree that your participation in a Trade Promotion Prize Draw constitutes an invitation for us to contact you in relation to, among other things, offering you tickets in future draws, matters relating to your entry and to notify you of the outcome of the relevant Trade Promotion Prize Draw.

6.2 To enter a Trade Promotion Prize Draw you must supply at least one method of contact and we reserve the right to send you service-related communications to you subject to our Privacy Policy regardless of your contact preference. These service-related communications may include, by way of example only, updates to the Terms and Conditions, to deliver tickets, updates to our privacy policy and anything else required to administration of the Trade Promotion Prize Draw.

6.3 Our Privacy Policy is available on our website www.thefomoclub.com.au for information on how we deal with your personal information and how you may elect to opt out of marketing communications.

7.1 Any and all products, brand names, logos, images and/or trademarks as displayed or referred to on the Trade Promotion Prize Draw website are owned by the respective trademark owners.  We do not warrant to have an affiliation with any trademark owner referenced on this website who is not us.

7.2 We use all reasonable endeavours to ensure that information on this website is correct but we do not warrant the accuracy or completeness of the information provided and will not be held liable for any inaccuracy, omission, variation or error.

7.3 By entering a Trade Promotion Prize Draw you acknowledge that these terms and conditions provide adequate warning of eligibility requirements, alternative prize arrangements and afford a reasonable opportunity for you to seek your own independent legal advice prior to taking transfer of the prize.

7.4 To the extent permitted by law, including pursuant to schedule 2 of the Competition and Consumer Act 2010 (Cth) (‘Australian Consumer Law’), we shall not be liable for any loss or damage of whatsoever nature however occasioned to any person by, through or in connection with the Trade Promotion Prize Draw (including but not limited to direct, indirect or consequential loss or damage or personal injury).

7.5 We will not be liable to you or any winner for any financial consequences (including but not limited to any taxation liability (such as transfer duty) and/ or levy that may accrue to you or a winner, impact upon eligibility for or receipt of any pension, benefit allowance, superannuation or similar entitlement or any additional legal or other fees, including insurances on or after the transfer of any property) to you or the winner as a result of winning a prize.

8.1 Any and all disputes, claims and causes of action arising out of or in connection with any Trade Promotion Prize Draw must be resolved individually and not by any form of class action.

8.2 All entrants to a Trade Promotion Prize Draw agree to participate in alternative dispute resolution, including but not limited to mediation, regarding any and all disputes, claims and causes of action before resorting to the commencement of legal proceedings.

If you have any questions about these Terms & Conditions please contact us using the following details:

Living The Dream Online Marketing Group Pty Ltd
t/as The Fomo Club
5/80 Spence Road
Nerang QLD 4211

Phone: 0417 058 968
Email: info@thefomoclub.com.au