WIN A NEW CAR!
WIN A NEW CAR!
1.1. By using:
a) this website (located at https://myluckyday.au/) (Website), any related websites or URLs and any social media platforms owned or operated by us (together the Sites);
b) our services from time to time (Services); or
c) by purchasing a membership package (Membership Package(s)) from us, you agree to be legally bound by these terms and conditions (Terms).
1.2. By agreeing to these Terms, you are entering into an agreement with My Lucky Day Pty Ltd (ACN 684 416 242), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (My Lucky Day or we or us).
1.3. By accessing or using our Website and Services, you warrant and represent to us that:
a) you have read, understand and agree to be bound by these Terms;
b) you are over the age of 18 years old; and
c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such terms and conditions when accessing our Website or using our Services.
2.1. To access certain areas of our Website, to purchase a Membership Package and to access other paid Services you will need to register for an account on the Website (Account).
2.2. You agree that you are solely responsible for maintaining the confidentiality and security of your Account details and credentials, including your password and any sensitive information linked to your Account.
2.3. When you create an Account you must provide accurate, current, and truthful information, and you agree to promptly update this information if any changes occur.
2.4. We reserve the right to suspend or terminate your Account without notice if we have reason to believe that you are using the Website or Account unlawfully, dishonestly, or in breach of these Terms.
2.5. When registering an Account, you must not:
a) Use another person’s name or email address to impersonate them;
b) Use offensive, profane, or misleading usernames; or
c) Share your Account or login credentials with others.
2.6. You are solely responsible for all activity under your Account, even if not performed by you. Please notify us immediately at [email protected] if you suspect unauthorised access or a security breach.
2.7. You understand that you do not have any ownership rights in your Account or any content submitted through the Website.
3.1.We offer the following Membership Packages on our Website for you to purchase:
a) Ongoing Package – This Membership Package is an ongoing membership package with My Lucky Day, which is renewed monthly from the date of purchase and provides you with ongoing benefits as detailed on our Website (Ongoing Package) for the period of time your ongoing membership remains active; and
b) Once Off Pass – This Membership Package is a one-time, short-term membership package with My Lucky Day (Once Off Pass). For the avoidance of doubt, the Once Off Pass is a one-time pass allowing you access to special offers for a specific period only. The Once Off Pass does not automatically renew or continue beyond the designated access period and will terminate at the end of the designated access period.
3.2. Each Membership Package detailed above will be available to you for the specific period of time as detailed in the respective Membership Package found on Membership Page (Membership Duration).
3.3. Each Membership Package provides you with access to specific benefits and inclusions for the Membership Duration as set out on the Membership Page. Before purchasing a Membership Package, it is important for you to carefully read and understand the benefits of each Package or please contact us if you need any assistance. It is your responsibility to ensure that the Membership Package you purchase meets your requirements.
3.4. Subject to clause 3.5, purchase of a Membership Package gives you the following non-exhaustive list of benefits, depending on the Membership Package purchased by you:
a) Access to My Lucky Day Partner discount programs with retailers;
b) Exclusive discounts on My Lucky Day merchandise; and
c) Access to member-exclusive giveaways.
3.5. We have outlined the benefits which you may have access to in clause 3.4 above depending on the Membership Package you hold. However, please note that your access to these benefits is based on your compliance with these Terms and may be subject to change at our sole discretion in accordance with clause 3.9.
3.6. By purchasing any Membership Package, you will automatically receive one or several entries into the competition(s) run by My Lucky Day. The number of entries received is set out on the Website and will depend on the Membership Package purchased. In addition to the free entries received under the Membership Package, entrants who purchase an Ongoing Package will also receive accumulating entries for their Membership Duration, as set out on our Website.
3.7. If you select to upgrade your Membership Package, for example from a Once Off Pass to an Ongoing Package, you agree to the new fees and inclusions notified to you at the time of such upgrade and the renewal period will be based on the upgraded Membership Package.
3.8. The Membership Package fees may be amended from time to time on our Membership Page in accordance with clause 5.1, and any changes will come into effect from the next billing cycle. If you do not agree to the updated details, you must notify us before the end of your current billing cycle and your Membership Package will be terminated. It is your responsibility to check the Membership Page before the end of your current billing cycle.
3.9. You agree that we may update the details, benefits and inclusions in our Membership Packages at any time by updating the Membership Page and that any changes will apply to all Membership Packages purchased, renewed or extended after the date of the publication of the new Membership Package details. If you do not agree to the updated details, you must notify us within seven (7) days of publication of the new Membership Package details on our Membership Page. It is your responsibility to check the Membership Page frequently. If you do not agree to the new details of the Membership Package, your Membership will terminate at the end of the current billing cycle.
3.10. By selecting a Membership Package and paying the purchase price at checkout, you will have access to all the benefits of your chosen Membership Package for the relevant Membership Duration which will be applicable to you.
3.11. The fees for your Membership Package will be dependent on the Membership Package you choose at checkout, and once purchased, the fees will be as specified on your Account dashboard, plus any applicable taxes or duties (Fees).
3.12. Subject to you paying the Fees, your Membership Package will commence from the date you paid the Fees and will continue for the Membership Duration.
3.13. If you selected a Once Off Pass and you either upgrade to an Ongoing Package or purchase another Once Off Pass before the expiry of your current Membership Package’s Membership Duration, then we will extend the expiry date of your current Membership Duration or it will roll into an Ongoing Package.
4.1. You authorise My Lucky Day and our relevant payment processors (such as Stripe or Shopify) to obtain payment from you for the Fees on the date that you purchased your Membership Package. By submitting your payment through our Website, you acknowledge and agree to be bound by the applicable terms and conditions of our third-party payment processors, including Stripe and Shopify Payments. These terms govern your use of their payment processing services and are in addition to our own terms.
4.2. If you have purchased an Ongoing Membership Package you authorise our relevant payment processors (such as Stripe or Shopify) to charge you the Fees on the anniversary of the date that you purchased the Ongoing Membership Package each month (or any other fixed day as amended by My Lucky Day from time to time) (Renewal Date). Additionally, you authorise the storage of your payment information as outlined in our Privacy Policy.
4.3. From time to time, My Lucky Day may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites. When you select to pay My Lucky Day for an Ongoing Package, you authorise My Lucky Day to automatically charge you for each renewal on the Renewal Date through the payment method you selected when making your initial purchase. You further agree to continue to make payments using that payment method for the duration of your Membership Package. The parties agree that this authority will remain in force until either party validly terminates these Terms.
4.4. You acknowledge that your Ongoing Package is subject to automatic renewals at the end of each Membership Duration for a further term of the same duration as the expiring Ongoing Package for our then-current Fee and/or in accordance with your Ongoing Package or membership details, unless terminated earlier in accordance with these Terms.
4.5. You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature for Ongoing Packages without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Fees and you do not subsequently cancel your Ongoing Package.
4.6. You warrant and represent to us that at all times during the term of your Membership Duration you will ensure that we have valid and up to date payment details, including credit card details. .It is your responsibility to ensure that all charges processed are accurate. You agree that you will notify us within 30 days from the billing date if any charge is not accurate after which you will be deemed to have accepted all charges and to have waived any claim regarding a disputed charge.
4.7. You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or bank account numbers.
4.8. Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Membership Package reaffirms that we are authorised to charge your Payment Method.
4.9. If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your Account and use of the Services without notice, including the right to delete your Account and any content affiliated with the Account. You must pay us for any costs or expenses we incur due to or in connection with your non-payment or breach of these Terms, including but not limited to any legal, enforcement or collection costs. You further acknowledge and agree that we have a right to charge interest at the rate of 10% p.a. on any unpaid overdue amounts owed to us starting from the due date until the overdue amount is fully paid.
5.1. My Lucky Day reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all Fees for a Membership Package is subject to change in our sole discretion, we will notify you of any increase to the applicable in the next billing cycle no later than 10 days before the end of the current billing cycle.
5.2. If we do not notify you 10 days before the end of your current billing cycle of any Fee increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Membership Package at the price prior to the Fee increase for a period of 10 days following which, you may terminate the Membership Package with immediate effect (provided that you give us notice of termination within the 10 days’ of the notice of the Fee increase) or you may continue the Membership Package at the increased Fee.
5.3. Unless specified otherwise, Fees displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST.
5.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you from the Website. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Fees.
6.1. You may cancel your Membership Package at any time, at least 2 business days prior to your next Renewal Date, on the Membership section of your My Lucky Day portal page. You should follow the on-screen instructions to complete the cancellation process.
6.2. Once cancellation is complete, you will receive a confirmation email if your cancellation is successful. Please note that upon cancellation:
a) You will forfeit any accrued bonus entries for upcoming promotional giveaways.
b) You will also be excluded from any future payments and benefits tied to that Membership Package.
6.3. If your Membership Package is cancelled, whether manually or due to payment failure, then:
a) All accrued loyalty and entry history for such Membership will be permanently lost.
b) Reactivation of the same Membership Package is not supported by our payment system,
6.4. If you cancel your Membership and you re-subscribe within 30 days of cancellation, we will sync your most recent active entry history to your new Account. If more than 30 days have passed, or if there were multiple cancellations, previous entry history will not be restored. While we will use reasonable efforts to restore your entry history where eligible, there may be instances where restoration is not possible due to technical, administrative, or other reasons beyond our control. In such cases, we shall not be liable for any loss, damage, or inconvenience arising from the inability to restore previous entry history.
6.5. If you wish to avoid further charges, please ensure cancellation is completed before your next Renewal Date.
6.6. If you cancel your Membership Package, your Membership Package benefits will continue until the end of your then-current Membership Duration, but your Membership Package will not be renewed after that term expires. Subject to clause 6.4, if you cancel your Membership package, you will not be entitled to a prorated refund of any portion of the Fees paid for the then-current Membership Duration e in accordance with Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your Membership Package without cause.
6.7. My Lucky Day provides remedies (such as cancellation of your Membership Package, a renewal of your Membership Package or where necessary, a refund of amounts paid) if the Membership Package is not provided in accordance with the Australian Consumer Law.
6.8. If you cancel your Membership Package as a result of our failure to provide the service, or in accordance with your rights under the Australian Consumer Law then you may be entitled to a refund in Accordance with the Australian Consumer Law.
6.9. Cancelling your Membership Package does not automatically unsubscribe you from marketing emails or SMS messages, as these are managed by third-party mailing platforms. To stop receiving communications, please use the unsubscribe links provided in the email or SMS. By purchasing a Membership Package, you acknowledge and consent to receiving marketing communications from us (which you may opt out of at any time using the provided unsubscribe options) and understand that managing your Membership status does not affect your marketing preferences unless separately actioned.
7.1 By purchasing a Membership Package, you acknowledge and consent to receiving marketing communications from us by email and SMS.
7.2 You acknowledge that cancelling your Membership Package does not automatically unsubscribe you from marketing emails or SMS messages, as these are managed by third-party mailing platforms. To stop receiving communications, please use the unsubscribe links provided in the email or SMS.
8.1. Payments made to My Lucky Day for Memberships are only refundable if we are required to provide a refund in under the Australian Consumer Law.
8.2. My Lucky Day does not offer refunds for:
a) Change of mind;
b) Failure to cancel a subscription on time;
c) Unused time after cancellation;
d) Unsuccessful giveaway entries; or
e) Discounted or promotional purchases.
8.3. My Lucky Day may grant refunds, in limited circumstances, including but not limited to:
a) Duplicate payments;
b) Billing errors caused by My Lucky Day’s system; or
c) Technical issues that prevent access to paid services.
8.4. If you believe you are entitled to a refund, please contact us at [email protected] within 7 days of the payment date, including your full name, account email, and a description of the issue. We will review your request and respond within 3 business days.
9.1. By purchasing a Membership Package, you may receive access to discounts, promotions, events and offers (Offers) from us or third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform that provides you with access to the Offers. You acknowledge and agree that we do not manage or run the Offers ourselves, unless specified in writing.
9.2. You acknowledge and agree that the Offers are subject to their own terms and conditions as set out in the Offer or Event or as provided by the Service Provider.
9.3. You agree that, to the maximum extent permitted by law:
a) we are not liable for any information published or provided by any Service Provider;
b) we do not endorse any of the Service Providers or their goods/services;
c) the Service Provider is solely liable and responsible for the Offers, the redemption of Offers, the operation and running of any Offers and the provision of its goods/services;
d) you will direct any issues relating to the Offers to the Service Provider directly;
e) we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including the Service Provider;
f) we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Offer or attending an event; and
g) we are not an agent for the Service Provider and have no responsibility or liability for the communications or conduct of the Service Provider, including but not limited to any fulfilment of an Offer, or quality of the event or the goods or services provided by a Service Provider.
9.4. We reserve the right to deactivate, cancel or remove any Offer at any time and for any reason with written notice to you.
9.5. You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer if your redemption of such Offer breaches the Offer’s terms and conditions or other terms and conditions and policies set by the Service Provider.
9.6. Offers cannot be transferred or redeemed for cash and are not legal tenders.
10.1. If you make a purchase with us, including a purchase of a Membership Package, you may receive entries into a competition, contest, giveaway or trade promotion conducted by us (Trade Promotion(s)) as specified at checkout. You acknowledge and agree that each Trade Promotion is subject to its own terms and conditions (Trade Promotion Terms) as provided on the relevant Trade Promotion webpage, including eligibility requirements. You hereby further acknowledge and agree to comply with Trade Promotion Terms.
10.2. Upon cancellation of your Membership Package, your agreement to the Trade Promotion Terms, and entries into trade promotions which commenced prior to your cancellation date, will still be valid until that Trade Promotion is no longer valid. You agree to abide by the Trade Promotion Terms and these Terms until that Trade Promotion is over.
10.3. We reserve the right to modify, suspend or terminate any Trade Promotions in our sole discretion.
10.4. You acknowledge and agree:
a) that any and all disputes, claims and causes of action arising out of or in connection with your Membership Package, any Trade Promotion or any prizes, must be resolved individually without any form of class action;
b) that in addition to the limitation of liability in clause 17, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Trade Promotion, and under no circumstances will My Lucky Day be liable for any legal fees;
c) to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Trade Promotion; and
d) in the event any Competitions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of My Lucky Day, that corrupt or impair the administration, security, fairness or proper operation of any Trade Promotion associated with the Membership Package, My Lucky Day reserves the right to suspend, modify or terminate your Membership Package and/or your entry into such Trade Promotion.
10.5. If you choose to participate in any Trade Promotion and are selected as a winner, you agree that My Lucky Day may use your name (either in full or part), likeness, voice and image (including any photograph) in any marketing and you will not be entitled to any fee for such use. You acknowledge and agree to this as a condition of entry to any Trade Promotion.
10.6. This clause survives termination of these Terms.
Current Information Required
11.1. You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
11.2. Where your chosen payment method at the time of purchase of a Membership changes or is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your chosen payment method, you agree to notify My Lucky Day immediately. Failure to do so may result in charges being made to your current payment method for the Membership Package, and you acknowledge that you remain responsible for these charges if payment is not successful.
Errors and Incorrect Payments
11.3. My Lucky Day reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including your Membership Package and may, in its absolute discretion, return or refund all or some of the amount of the incorrect payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.
12.1. You may terminate or cancel your Membership Package in accordance with clause 6 above.
12.2. Without prejudice to any other remedies, My Lucky Day may immediately terminate these Terms or terminate or limit your access to, or suspend your access or use of, the Services, Account and Membership, in its absolute discretion, at any time and without notice to you if:
a) you are in breach of any obligation under these Terms which has not been remedied after seven (7) days written notice;
b) you have breached these Terms and that breach is not capable of remedy;
c) any money payable to My Lucky Day becomes overdue, or in My Lucky Day’s opinion, if you will be unable to make a payment when it falls due;
d) you become or are suspected to be, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; or
e) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, and any amounts owing to My Lucky Day at the time of the suspension or termination shall become immediately due and payable.
12.3. On termination of these Terms, your Account and your Membership in accordance with clause 12.2, My Lucky Day shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Fees or for any loss caused to you by such action. If your Membership has been terminated due to your breach, you agree that you will not create another account on our Website without the prior written consent of My Lucky Day.
12.4. My Lucky Day may terminate these Terms and your Account at any time and for any reason on five (5) days’ notice without the requirement to provide you with reasons. If My Lucky Day terminates these Terms under this clause 12.4, then My Lucky Day may, at its election:
a) continue to provide your Membership Package benefits until the end of your current Membership Duration and cease providing the Membership Package after that term expires; or
b) immediately cease providing the Services or Membership Package benefits on the expiry of the notice period and provide a prorated refund of any portion of the Fees paid by you for the remaining Membership Duration of your existing Membership Package.
My Lucky Day will not be liable to you for any further loss or damage arising out of or in connection with My Lucky Day exercising its rights under this clause.
12.5. You acknowledge and agree that My Lucky Day may suspend the Services and suspend your access to your Account and Services or any part thereof until any relevant Fees have been paid in full or until any breach of these Terms is remedied.
12.6. Upon termination of these Terms, My Lucky Day may immediately remove any access to your Account, disable the Services.
12.7. Upon termination of your Account, My Lucky Day reserves the right to permanently remove any and all information associated with your Account, including your registration details, entry history, and any other content or submissions (collectively, User Content), without notice. My Lucky Day accepts no responsibility and shall not be liable for any loss, damage, or claims of any kind arising from the removal of User Content or the termination of your access to your Account or Membership Package. It is your sole responsibility to retain copies of any information or content you wish to keep prior to termination.
13.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Website and Services are owned by, or licensed to My Lucky Day, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
13.2. You may access and use the information provided on our Website, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of My Lucky Day.
13.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of My Lucky Day’s intellectual property rights, whether by estoppel, implication or otherwise. My Lucky Day reserves all rights not expressly granted in the Services.
14.1. You agree to allow My Lucky Day to send you emails regarding the Website and the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
15.1. You must not attempt to, or actually gain, unauthorised access to our Website and Services, the server on which our Website is stored or any server, computer or database connected to our Website. You agree that you will not cause harm to our Website by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website or other users of our Website and Services.
15.2. To the maximum extent permitted by law, My Lucky Day will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website and Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
16.1. Our Website and Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Website and Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
16.2. My Lucky Day makes no representations or warranties regarding any third party goods or, services and discounts and takes no responsibility and assumes no liability for any third-party goods, services or discounts. Third-party goods, services and discounts are subject to the applicable terms and policies of the third parties that offer them.
17.1. To the maximum extent permitted by law, neither My Lucky Day, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained, obtained through or in our Services and Website;
b) any use of the information on or access to Website and Services including if for any reason the Services are unavailable at any time or for any period;
c) any errors in, or omissions from, the information contained in the Website or Services;
d) any goods or services supplied by My Lucky Day; or
e) these Terms or any breach of these Terms.
17.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website and Services, that you will be responsible for those consequences.
17.3. To the maximum extent permitted by law, My Lucky Day’s liability under these Terms shall be limited to any one or more of the following:
a) the replacement of the goods or re-supply of equivalent goods or services;
b) the repair of such goods or services;
c) the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
d) the payment of the cost of having the Goods repaired.
17.4. To the extent permitted by law, My Lucky Day expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
17.5. This clause survives termination of these Terms.
18.1. My Lucky Day provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither My Lucky Day, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.
18.2. We reserve the right to restrict access to the Website and the Services or any part thereof, change or withdraw any goods, information or content featured in the Website or Services or provided through our Website or Services, without notice. You acknowledge and agree that we retain complete editorial control over the Website and Services and may alter, amend or cease the operation of the Website and Services or any part thereof, at any time, in our sole discretion.
19.1. You agree to release and indemnify and hold My Lucky Day and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the My Lucky Day, your use or access of the Website and Services, or any access to the Website and Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
19.2. This clause survives termination of these Terms.
20.1. My Lucky Day reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published .
20.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
20.3. My Lucky Day reserves the right to amend any errors in the Website and Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
21.1. Waiver: Any failure or delay by My Lucky Day in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent My Lucky Day from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
21.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that My Lucky Day will not be held liable for any delay or failure in performance of any part of the Services or delivery of goods.
21.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
21.4. Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between My Lucky Day and you or any other party unless expressly stated otherwise.
21.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Website and Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
21.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Website and Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, the Website or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website or Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.
1.1. By using this website (located at www.myluckday.au), any related websites or URLs, social media platforms owned or operated by us (Sites) and using our Services, you agree to be legally bound by these Terms and Conditions (Terms).
1.2. By agreeing to these Terms, you are entering into an agreement with My Lucky Day Pty Ltd (ACN 684 416 242), trading as My Lucky Day, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (My Lucky Day or we or us).
1.3. By accessing or using our Services, you warrant and represent to us that:
(a) you have read, understand and agree to be bound by these Terms;
(b) you are over the age of 18 years; and
(c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy and our Membership Terms, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
2.1. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your account or internet connection are aware of and compliant with these Terms.
2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
2.3. We reserve the right to add, change, modify, suspend or discontinue at any time any portion of the Services or access to the Site, in our sole discretion. We may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in our sole discretion without notice to you.
Details and marketing emails
2.4. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us.
2.5. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.
Your Conduct
2.6. You agree that you will not:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
(b) disclose or share your password or login information for the Services with any party;
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only accurate and current photos), name, age, identity, affiliation, connection or association with any other person or entity;
(e) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
(f) post a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Service to redirect users to other websites or encourage users to visit other websites;
(i) use the Service for any phishing, trolling or similar activities;
(j) defraud, scam, hack, swindle or deceive other users of the Services;
(k) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(l) circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
(m) attempt to access any Services or area of the website that you are not authorised to access;
(n) allow third parties to access and use the Services via your account;
(o) collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
(p) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(q) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(r) use any kind of code, program or device containing reference to My Lucky Day or the Services in order to direct any person to any other website for any purpose;
(s) resell, rent out or make any commercial use of the Services;
(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
(u) attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures;
v) use automated methods or processes to use or access the Services or create user accounts;
(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Services or other users of our Services; or
(y) use the Services other than for their intended purpose.
User accounts
2.7. To access and use the Services, you may be required to register for a user account.
2.8. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. When you register an account with us, please note that your Personal Information will be accessible by us in accordance with our Privacy Policy.
2.9. You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties and Payment Gateways.
2.10. We retain the right to screen and verify you or your business and identity in our sole discretion. You agree to submit to such screening and to provide to us, at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation.
2.11. You understand that we may, in our absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, Subscription or Membership at any time and for any reason, without notice to you, including if it is found that you have, or are suspected of, violating these Terms.
Licence to use User Content
3.1. Our Services may provide you with the opportunity to submit User Content. Please note that your name and location submitted on the Services may be publicly displayed on the Service and other users will have access to this information may use it or share it with third parties. If you choose to voluntarily disclose any other information in your use of the Services, that information will be considered public information and the protections of our Privacy Policy may not apply.
3.2. You agree that you are responsible for your access to our Services and for ensuring that any persons who may access the Services through your internet connection are aware of and compliant with these Terms.
3.3. By providing or sending to us, uploading, publishing, transmitting or making available any data, content or other material to us (User Content), you agree to grant us, ours affiliates, licensees and successors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution, including for the purpose of completing your Order.
3.4. You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties.
3.5. By uploading, publishing, transmitting or making available any User Content to us, you warrant and represent to us that:
(a) you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to us;
(b) our use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
(c) any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(d) the disclosure and use of the User Content to us will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
(e) our use of the User Content will not breach the security of the Services or our users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(f) the disclosure and use of the User Content by us does not violate these Terms or other policies, or any applicable law, rule or regulation;
(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(h) the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
(i) the disclosure and use of the User Content by us does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(j) the disclosure and use of the User Content by us will not bring My Lucky Day or the Services into disrepute; and
(k) the User Content does not contain, promote or enable illegal or unlawful activities.
Our rights and liability in relation to User Content
3.6. We retain the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content. However, we are not obliged to do so.
3.7. You agree that we may require you to remove, amend or delete User Content and that you must comply with such requirement within one day’s written notice to you.
3.8. You acknowledge and agree that we do not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that we are not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release us and our agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
4.1. Without prejudice to any other remedies, we may, in its absolute discretion, at any time and without notice to you:
(a) terminate these Terms; and/or
(b) terminate the Services or your access to the Services.
4.2. To the maximum extent permitted by law, we will not be liable to you for any further loss or damage you suffer because we have exercised its rights under this clause or these Terms.
5.1. We own, control or licence all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content contained in our Services (My Lucky Day IP).
5.2. My Lucky Day IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without our prior written consent.
5.3. Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the My Lucky Day IP or our Services or cause or assist others to do so;
(b) challenge our ownership of My Lucky Day IP;
(c) infringe My Lucky Day IP; or
(d) use or make any intellectual property that is similar to My Lucky Day IP.
5.4. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent.
5.5. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services.
6.1. You agree that we may, and that you expressly consent to, sending you emails regarding the Services, including any information regarding or relating to our Services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
6.2. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, Order confirmation/assistance, product offers and/or other promotional purposes) via the contact details you provide to us, including by phone, email or post (as applicable).
7.1. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
8.1. Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Any third party services, content, information, and products that may be displayed on our Site are provided solely for the benefit of our paid users and we make no representations or warranties regarding any third party products, services and discounts.
8.2. Links in the Services and/or Sites to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.
8.3. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
9.1. To the maximum extent permitted by law, neither My Lucky Day, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any Services supplied by us; or
(e) these Terms or any breach of these Terms.
9.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
9.3. To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
9.4. This clause survives termination of these Terms.
10.1. We provide the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither My Lucky Day, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.
10.2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any products, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
11.1. You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of services purchased or provided by us, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
11.2. This clause survives termination of these Terms.
12.1. We reserve the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms.
12.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
12.3. We reserve the right to amend any errors in the Services, including any pricing errors, and amend any information, at any time without notice to you.
13.1. Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
13.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services.
13.3. Severability: If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
13.4. Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
13.5.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
13.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.
13.7. Contact Details: Please contact us if you have any questions or concerns. Our contact details are as follows: [email protected].
PART A
1. Competition Name: My Lucky Day Giveaways
2. Promoter: My Lucky Day Pty Ltd (ACN 684 416 242 (Promoter) of 7/72 Makland Dr, Derrimut VIC 3026 (Head Office). Contact details available at: www.myluckyday.au (Website).
3. Entry Requirements: Entrants must be at least 18 years of age, must reside in the Territory and must purchase a membership package via the Promoter’s physical store and/or website located at www.myluckyday.au, which gives the purchaser access to special discounts and invitations to VIP events (Membership Package). The Entrant will receive a number of entries in the Competition as set out on the Membership Packages page, depending on the Membership Package purchased. Entries may also be obtained by purchasing specific merchandise on the Promoter’s Website, the number of entries received will be as set out therein.
4. Maximum entries: 10,000 per person.
5. Number of winners: There will be a maximum number of 1 Winner per Draw Type in clause 8; and a total of 4 Winners for the entire Promotion Period.
6. Territories: VIC and QLD.
7. Promotion Period: Competition commences 08:00 AM, 01/08/2025 and ends at 07:30 PM, 31/08/2025 (AEST).
8. Prizes:
(a) 1st Prize: Second Hand 2023 MG ZS Excite, MGZS4ATEXCT23, 1.5L 4Spd, Wagon (SUV), with mileage of 21,000 km, valued at $18,500;
(b) 2nd Prize: Cash Prize, $10,000;
(c) 3rd Prize: Cash Prize, $5,000;
(d) 4th Prize: $2,500.
For the purposes of this Competition, the total prize pool is estimated to be no more than $36,000. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
9. Prize date and selection of winners: All entries will be assigned a number, and the Winners will be drawn by a random electronic number generator. The winners will be drawn and announced at 08:30 PM (AEST) on the final day (i.e. 31/08/2025) of the Competition Period at the Head Office.
10. Publication of winners: Winners will be personally notified by email within 7 days of the draw. Winners will also be announced online at the Promoter’s Website within 7 days of the draw, and will remain published for a minimum period of twenty-eight (28) days.
11. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain correct and accurate information. Employees of the Promoter and immediate family members of employees of the Promoter are not eligible to win.
12. Prize Delivery: Prizes will be delivered to the Winners to their nominated address or email address (at the Promoter’s discretion) within twenty-eight (28) business days of the Draw / re-draw date. If the Prize contains a cash prize, it will be delivered to the Winner by bank transfer to their nominated bank account. The Promoter will pay for the delivery of the Prize to the Winner’s nominated address. However, the Winner is responsible for any other costs associated its receipt of the Prize, including any taxes or transfer duties or costs.
13. Force Majeure (Prize Delivery): The Promoter shall not be liable for any failure or delay in delivering the Prize within the specified timeframe due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government restrictions, industrial disputes, supply chain disruptions, transportation delays, or any failure or delay caused by the Prize Supplier(s) (“Force Majeure Event”).
In the event of a Force Majeure Event, the Promoter will use all reasonable efforts to arrange for the delivery of the Prize as soon as practicable. The winner will be notified of any expected delays and, where possible, offered an alternative prize of equal or greater value, subject to availability and at the Promoter’s sole discretion.
PART B
1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and the Promoter governing this Competition.
Participation
2. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirements.
3. Entry is open to residents of the Territories.
4. The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.
Selection of Winner
5. The Winner will be selected by random draw, on the dates and at the location outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
6. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
7. If for any reason, a prize or element of a prize is unclaimed by the Winner within 3 months of the Draw Date (i.e. by 31/08/2025) despite reasonable steps by the Promoter to contact the Winner, the prize will be re-drawn at 08:00 PM on 30/11/2025 (AEST), at the Head Office.
8. The Winner of the re-drawn prize will be:
(a) notified by email within 7 days of the re-draw;
(b) announced online at the Promoter’s Website within 7 days of the re-draw; and
(c) published on the Promoter’s social media accounts within 30 days of the re-draw.
9. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the Promoter will not be in any way liable to an Entrant, should the Entrant be found to be ineligible to win the Competition.
Prizes
10. Prizes are provided on an “as is” basis and the Promoter will not make any modifications to the Prizes at the Winner’s request.
11. The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.
12. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize and it will not be re-drawn.
13. The Promoter will not be liable for re-drawing or providing a replacement prize for any Prizes that are not received by the Winner due to being lost in transit, stolen or due to any failure to accept delivery by the Winner or due to any error in details provided by the Winner.
14. The Prizes may contain goods or services from 3rd party brands. Unless otherwise specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content, policies, practices or services offered by those parties.
15. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a condition of entry, the Winner agrees that its details may be provided to the 3rd party prize supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.
Personal information
16. As a condition of entering this Competition, Entrants agree to provide personal information to the Promoter. Personal information collected during the course of this Competition will be dealt with in accordance with the Promoter’s Privacy Policy, located at the Promoter’s Website. Personal information submitted may be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers. The Promoter may also use this personal information to contact you regarding, marketing, offers or Promotions from time to time.
17. As a condition of entry, each Entrant agrees that the Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.
Intellectual property
18. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
19. The Entrant warrants and represents that:
(a) it holds all the intellectual property rights to the Entrant Content;
(b) it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
(c) the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.
20. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.
Reservation of rights
21. The Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
22. The Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with State or Territory regulation or law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised 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 the Competition.
23. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
(a) breached any of these terms and conditions;
(b) tampered with the entry process or the Competition;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of the Promoter.
Social Media Platforms
24. The Competition is in no way sponsored, endorsed or administered by, or associated with www.instagram.com and its related mobile application, or any other social media platforms (Social Media Platform(s)).
25. The Entrant agrees that it releases the Social Media Platforms from any and all liability to the Entrant arising out of or in connection with the Competition.
26. The Entrant must not:
(a) harass or bully any other person, use offensive language, use language that defames the Promoter, or use language that negatively impacts or intends to negatively impact the reputation of the Promoter;
(b) use electronic programs, bots or similar technology to automatically submit entries;
(c) use multiple Social Media Platform accounts to enter the Competition; or
(d) tag other accounts owned or controlled by the Entrant to enter the Competition and agrees that it will only tag genuine friends or family in their entry,
and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition.
Exclusion of liability
27. The Promoter will not be liable for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, the Promoter will not accept any liability for any error, omission or failure to administer this Competition.
28. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify and hold harmless the Promoter (including its officers, employees, agents and contractors), from and against, all liability (including negligence), actions, claims, costs, losses or expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and participation in the Competition, including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
29. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) 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 Competition, including, but not limited to, where arising out of the following:
(a) inaccurate or incorrect transcription of entry information;
(b) any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control);
(c) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
(d) any theft, unauthorised access or third party interference;
(e) electronic or human error which may occur in the administration of the Competition;
(f) any variation in prize value as stated in the Schedule;
(g) any tax liability incurred by a Winner or Entrant;
(h) redemption or use of a prize; and
(i) any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner.
14. To the maximum extent permitted by law, the Promoter’s total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.
General
30. These terms and conditions are governed by and will be construed under the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria and its appellate courts.
31. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
32. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.
33. Force majeure: In this clause, Force Majeure Event means a circumstance beyond the reasonable control of a party and which results in the party being unable to observe or perform on time an obligation under this Agreement, including but not limited to: acts of God, earthquakes, lightning strikes, floods, droughts, storms, tempests, mud/land slides, explosions, fires, pandemic, any natural disaster, acts of war, terrorism, civil commotion, malicious damage, riots and revolution. If by reason of any Force Majeure Event, the Promoter is unable to perform in whole or in part any obligation under this Agreement then:
(a) The Promoter will notify the Entrant / Winner of the Force Majeure Event in writing as soon as reasonably practicable;
(b) Provided that the Promoter provided such notice, the Promoter is relieved of that obligation under this Agreement to the extent and for the period that it is unable to perform such obligation;
(c) The Promoter must provide notice to the Entrant / Winner, and resume its performance of its obligations as soon as it is reasonably able to do so unless otherwise agreed in writing; and
(d) The Promoter will not be liable to the Entrant / Winner to this Agreement for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.
By purchasing a membership, using our platform, or participating in any giveaway, you confirm that you have read, understood, and agree to be bound by our Privacy Policy in addition to these terms and conditions.
My Lucky Day Pty Ltd may update the Privacy Policy at any time. All updates will be published on the Site. Continued use of the Site and/or Services after changes to the Privacy Policy constitutes your acceptance of those changes.
If you do not agree with any part of the Privacy Policy, you must immediately discontinue use of the Site and Services.
These Terms and Conditions govern the sale of services available on our Site. The following services are available on our Site:
My Lucky Day may promote or make available goods, services, content, or discounts offered by third-party businesses through the Site. These offers are made available exclusively to members of My Lucky Day and may include promotional discounts, limited-time deals, or affiliate partnerships.
We do not guarantee, endorse, or make any representations about the quality, accuracy, pricing, availability, or suitability of any third-party goods or services featured on our platform. All such goods, services, and promotions are provided by independent third parties, and your use of them is entirely at your own discretion and risk.
All third-party offers are governed by the terms, conditions, return policies, and warranties set by the third-party provider. My Lucky Day Pty Ltd is not liable for any loss, damage, dissatisfaction, or dispute arising from your interaction or transaction with any third-party brand or service.
We recommend you carefully review the policies of any third-party provider before engaging with their offer or making a purchase.
Your My Lucky Day membership is offered on a recurring subscription basis, which automatically renews at the end of each billing cycle. You will be automatically charged using the payment method linked to your account unless and until you cancel your subscription.
You may cancel your subscription at any time — there are no lock-in contracts or long-term commitments. To cancel:
We accept the following payment methods on our Site:
By providing your payment information, you authorise My Lucky Day Pty Ltd to use your selected payment method to process applicable charges, including membership fees and giveaway entry purchases. You also authorise us to charge your payment method for any ongoing subscription fees unless and until you cancel your membership.
We reserve the right to cancel, suspend, or reverse any transaction if we believe it violates these Terms and Conditions or any applicable law.
It is your responsibility to ensure that your payment information remains accurate and up to date in your account dashboard to avoid service interruptions.
In accordance with Australian Consumer Law, you are entitled to:
A refund or compensation if there is a major failure with a service
Repair or replacement if there is a minor issue
A refund for unused time if a significant failure occurs and you choose to cancel your membership
Refunds cannot be issued for situations including misunderstanding of the service, failure to follow instructions, or simple change of mind.
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Our Site may contain links to third-party websites, services, or platforms that are not owned or operated by My Lucky Day Pty Ltd. These links are provided for your convenience only. We do not endorse, control, or take responsibility for:
You acknowledge and agree that you access such third-party websites entirely at your own risk, and it is your responsibility to review their terms and privacy policies before engaging with them.
Inbound Links (Linking to My Lucky Day)
You may not link to the My Lucky Day Site from another website without our prior written consent. If permission is granted, you must comply with the following linking policy:
To the maximum extent permitted by law, My Lucky Day Pty Ltd, including its directors, officers, employees, agents, affiliates, and subsidiaries, will not be liable for any losses, damages, claims, liabilities, costs, or expenses (including legal fees) arising out of or in connection with:
This limitation applies regardless of the legal basis of the claim, including contract, tort (including negligence), statute, or otherwise.
Where liability cannot be excluded under applicable law (including under the Australian Consumer Law), My Lucky Day’s total liability is limited to the re-supply of the relevant services or the cost of re-supply, whichever is lesser.
Except where prohibited by law, by using this Site and/or Services, you agree to indemnify, defend, and hold harmless My Lucky Day Pty Ltd, including its directors, officers, employees, agents, affiliates, and subsidiaries, from and against any and all claims, actions, demands, losses, damages, liabilities, costs, and expenses (including legal fees) arising out of or relating to:
This indemnity survives the termination of your account and/or your use of the Site.
Neither My Lucky Day, nor its directors, officers, employees, affiliates, agents, or promotional partners, will be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:
Even if My Lucky Day has been advised of the possibility of such damages, no liability shall arise.
Giveaways are void where prohibited or restricted by law. My Lucky Day may cancel or amend contests at any time to maintain fairness, legality, or operational integrity.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
