BY USING THE NEWERACAP.COM.AU WEBSITE ("SITE"), YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE"), IN ADDITION TO ALL APPLICABLE LAWS. If you do not agree to these Terms of Use, you may not access or otherwise use the Site. The Site is owned and operated by New Era Cap Australia Pty Limited (“New Era,” “we”, “us” or "our"). We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Site. The Terms of Use that were current at the time that you made a purchase will continue to apply to you in relation to that purchase.

New Era owns, controls, or licenses all right, title and interest in and to the Site and all content featured or displayed on the Site, including, but not limited to, text, images, moving images, photographs, illustrations, graphics, visuals, audio, video, copy, software, software code, data, and the look and feel, design and organization of the Site ("Content"), and the compilation of the Content, including but not limited to any copyrights, trademark rights, trade dress rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The Site, its Content and all related rights shall remain the exclusive property of New Era or its licensors or content providers. Your use of the Site does not grant to you ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may view the Content on the Site on your computer or other Internet compatible device, and make a single copy or print of the Content on the Site for your personal, internal, non-commercial use only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Site. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. For purposes of these terms, the use of any such Content, portion or element on any other website or networked computer environment is prohibited.

All trademarks, service marks and trade names of New Era used on the Site (including, but not limited to the registered marks NEW ERA, 59FIFTY, 49FORTY and 39THIRTY; and New Era's registered Flag logo, visor stickers and tags) are trademarks or registered trademarks of New Era or its affiliates, unless stated otherwise. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express prior written permission of New Era, or the owner of any third party trademark. Your unauthorized use or misuse of the trademarks displayed on the Site is strictly prohibited.

Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Site is strictly prohibited unless you have received the express prior written permission of New Era or the applicable rights holder. We will enforce our intellectual property rights to the fullest extent of the law.

Information submitted or provided to us through the Site regarding New Era or the Site or New Era's products, including but not limited to submission of ideas for new products, inventions and designs ("Ideas"), shall be deemed to be non-confidential, and New Era shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution.

You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Site; (f) restrict or inhibit any other user from using and enjoying the Site or the Site's services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload, post, transmit, reproduce, distribute or otherwise publish material containing (1) a virus, spyware, or other harmful component; (2) advertising, chain letters or pyramid schemes of any kind; or (3) information which would constitute or which contains false or misleading indications of origin, endorsement or statements of fact. In addition, you may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other rules or regulations that we may post in connection with such a service, bulletin board or forum. You alone are responsible for the content and consequences of any of your activities. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies or applicable law. You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.

We may make certain products available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through this Site for commercial purposes. Among other things, we provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms of Use and the information provided by us in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms of Use. To the extent there is a direct conflict between these Terms of Use and the Specific Terms, the Specific Terms shall prevail. All prices displayed on the Site are quoted in Australian (AUD) dollars and inclusive of GST, unless otherwise indicated on the Site. We may restrict delivery to addresses within Australia. We will add shipping and handling fees and applicable sales/use tax as necessary. We reserve the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your credit card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense.

You may be able to link from the Site to third party web sites or from third party web sites to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. We disclaim any liability for Linked Sites. We do not guarantee or make any representation regarding the standards of or conduct on any Linked Sites nor shall we be held responsible for the contents of Linked Sites, or any subsequent links. For this reason, we do not represent or warrant that the contents of any Linked Site or other third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEW ERA MAKES NO WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NEWERACAP.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON, AND PRODUCTS OR SERVICES SOLD OR SUPPLIED VIA, THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY, GUARANTEE, CONDITION OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT, PRODUCTS OR SERVICES IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH, OR AS A RESULT OF, THE SITE.

YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THIS SITE IS AT YOUR OWN RISK. NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT A CONSUMER'S RIGHTS OR REMEDIES UNDER AUSTRALIAN CONSUMER LAW. SUBJECT TO THOSE LAWS, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED VIA THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT NEW ERA’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

You agree to indemnify, defend, and hold harmless New Era and its subsidiaries, affiliates, officers, directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use or misuse of this Site (including your placement or transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any other person accessing this Site using your computer or Internet account. New Era reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend or terminate your access to the Site and/or its services with or without cause.

The Terms of Use and the relationship between you and us shall be governed by the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts located within New South Wales, Australia.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you prefer to contact us via email, please email us at legal.requests@neweracap.com with the word "Copyright" in the subject line.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by regular mail or email to legal.requests@neweracap.com with the phrase "Copyright Counter Notification" in the subject line) that sets forth the items specified below.

1. Identify the specific URLs or other unique identifying information of material that New Era has removed or to which New Era has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Erie County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to the following address:

160 Delaware Avenue

Buffalo, NY 14202

Attn: Legal Department.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

 

Promotion Terms and Conditions

Promotional and shipping codes for new customers are limited to one use per customer only, and cannot be used in conjunction with any other offers. Offers cannot be redeemed against prior purchases. Codes are subject to our Terms of Use, and may be extended or withdrawn at our discretion.

Terms and Conditions – New Era Cap Australia “Win Caps For a Year” Competition 

In these terms and conditions:

Contest means the referral contest as described at Clause 2 of these Terms and Conditions.

Contest Commencement Date means Wednesday, 8th January 2025 at 10:00am AEDT.

Contest Closing Date means Monday, 27th January 2025 at 11:59pm AEDT.

Contest Period has the meaning given to it in Clause 4.

Entrant means entrants who complete the entry form in accordance with Clause 6. 

Prize means 12 x New Era Caps for the winning Entrant at a maximum value of $80 AUD per cap. There will be one winning Entrant.

Promoter means New Era Cap Australia Pty Ltd of 1 Craine Street, South Melbourne VIC 3205.

Team has the meaning given to it at Clause 8.

1. Information on how to enter and prizes form part of these conditions of entry. Entry into this competition is deemed to be acceptance of these conditions.

2. The Contest is open to legal residents of Australia who have reached 16 years of age as of the beginning of the Contest Period, and who are not:

1. an employee of; or
2. domiciled with an employee of; or
3. an immediate family member of an employee of; the Promoter or its affiliated companies, their advertising and promotional agencies.

3. No purchase is necessary. The Contest is subject in all instances to compliance with applicable law.

4. The Contest Period runs from the Contest Commencement Date to the Contest Closing Date.

5. The Contest is running across the website: neweracap.com.au

6. The Entrant, must ensure he/she completes all mandatory fields of the entry form, and submits the form as instructed before the Contest Closing Date. Upon successful submission of the entry form, he/she will receive a unique link that can be sent to a friend for bonus entries. The Entrant must have the consent of the Invited Friend to send them this message. 

7. The Invited Friend, having received the invitation to join the Entrant in the Contest, must ensure he/she fully completes all mandatory fields of the entry form and submits as instructed before the Contest Closing Date, in order for the bonus entry to be valid.

8. As a condition of entry, all entrants must opt in to receive email promotions/marketing material from New Era Cap Australia in order to go into the draw to win.

9. By entering the Contest, entrants agree to subscribe to New Era Cap Australia’s marketing emails and consent to the Privacy Policy.

10. Any attempt or suspected attempt to enter more than once with the same person by using multiple email addresses or pen names, or any use of robotic, automatic, programmed or any entry methods not authorized by these rules, shall be deemed as tampering and will void all Entries.

11. All Entries that are incomplete, illegible, damaged, contain an erroneous phone and/or email address or do not conform to or satisfy any condition of the rules may be disqualified by the Promoter.

12. Following the conclusion of the Contest, the Promoter will draw a random Team entry from all valid entries received during the Contest Period as the winner. The winning Entrant will be notified by email (to the email addresses registered with the Promoter) on the same date.

13. The determination of the winner will be undertaken in a fair and transparent manner with each Entrant having an equal chance of winning. The Promoter’s decision is final, and no correspondence will be entered into.

14. In the event of the prize being unclaimed by Monday 3rd February 2025 11:59pm, further draw/s will follow to determine a new winner on Tuesday 4th February 2025, following the same protocol. The replacement winner will be notified by email within 24 hours. The Winner must claim their prize by responding via email.

15. Total prize pool value is AUD $960

16. The prizes must be accepted as awarded and are not transferable or otherwise redeemable for cash. The odds of winning the prize depend on the number of eligible entries received. Upon acceptance of the prize, the prize winner agree to provide reasonable cooperation to allow New Era Cap Australia to use their name and/or likeness for advertising and publicity purposes in connection with this Contest including but not limited to publication of their name and photograph on the New Era Cap website.

17. This Contest may be promoted through third party websites, like Facebook. Entrants must at all times comply with the terms of service for those third-party websites when using them to participate in this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with those third-party websites.

18. Members of the Promoter who provide incorrect or fraudulent information are ineligible to participate in the promotion. The Promoter reserves the right to request at its sole discretion, appropriate photo identification or other documentation in order to confirm the entrants’ eligibility to enter and claim a prize, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter or its nominated agent, or the identity of the entrant has not been verified or validated to the Promoter’s satisfaction, then that entrant will be deemed invalid.

19. Any costs associated with accessing the promotional website are the entrant’s responsibility and are dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall be deemed invalid.

20. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any other technical failures, including but not limited to any injury or damage to participants’ or any other person's computer related to or resulting from participation in or downloading any materials in this Contest. If for any reason this Contest is not capable of running as planned (including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness, integrity or proper conduct of this Contest, the Promoter reserves the right in its sole discretion to cancel, postpone, or amend this Contest.

20. The Promoter as well as its associated agencies and companies are not liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with the prize or use of the prize. This excludes any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

21. If any of the provisions of these terms and conditions are held to be invalid or unenforceable in whole or in part that part shall be severed from the remainder of the provisions and the validity of the other provisions and the remainder of the provision in question shall not be affected.

22. As the total Prize pool is valued at AUD $960, no Australian States require a Permit for this competition.

23. The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information and approved images (photograph and/or film recording), or disclose it to other organizations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant.

24. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity and age). Verification is at the discretion of the Promoter.

24. The Promoter also reserves the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.

24. 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.
25. Subject to the Promoter’s obligations at law, once the winner has received their Prize, the Promoter shall not accept any requests for exchanges or refunds for change of mind or other reason apart from: if the Product is defective, faulty or not of merchantable quality or fit for purpose for which it is designed; if a size has been delivered which is different to the one selected in the entrant’s entry, in which case, the Promoter may either refund the purchase in full.
26. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a successful entrant (obtained during the entry process or any photograph, film and/or recording of the same published on social media or online) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
27. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional upon providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
28. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
29. to delete any entrant’s entry;
30. to disqualify any entrant from the promotion; or
31. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
32. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. The Promoter denies all responsibility for any lost, un-received or unread text messages.
33. Except for any liability that cannot be excluded by law, the Promoter (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 promotion, including, but not limited to, where arising out of the following:
34. any theft, unauthorised access or third party interference;
35. any entry or purchase of the Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
36. any variation in Prize value to that stated in these Terms and Conditions; or
37. any tax liability incurred by an entrant.
38. By entering into this promotion, entrants are authorising the Promoter to contact them from time to time with promotional offers, product information and sale notifications.

If you have any questions or comments about the Site or any of our services, please write to us at: legal.requests@neweracap.com.