PATAGONIA HYDROLOCK COMPETITION (2021) TERMS AND CONDITIONS
1. The name of the competition is the “Patagonia Hydrolock” Competition (2021)” (“the Competition”).
2. Information on how to enter the Competition and the entry registration process forms part of these terms and conditions of entry and is the property of the Promoter. Entry into the Competition is deemed acceptance of these terms and conditions.
3. To be eligible to enter the Competition, entrants must be residents of Australia (“excluding ACT”) or New Zealand (“Eligible Entrants”). Employees and their immediate families of the Promoter and its related entities and agencies connected with the Competition are not eligible to enter. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Competition.
4. The Competition commences at 3pm on 29th November 2021 and closes at 11.59pm on 7th January 2022 (“Competition Period”). All times in these terms and conditions are expressed in the local time of Sydney, Australia.
5. The Promoter reserves the right, at any time, to invalidate any entries (and entrants who submit or cause those entries to be submitted) which it reasonably suspects have been submitted: (a) using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information; (b) through the use of multiple identities, email addresses or accounts; and/or (c) in any way in contravention of these terms and conditions.
6. Incomplete, illegible or incorrect entries, or those which contain offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, will be deemed invalid.
7. There is a limit of one (1) entry for each Eligible Entrant.
8. A draw will be held on January 10th 2021 at 3pm at the Promoter’s offices at 7 Blackbean Place, NSW 2488. Five (5) winners will be drawn at random to receive the prize. The Promoter may draw additional reserve entries in the draw and record them in order in case an invalid entry or ineligible entrant is drawn or if the initial winner fails to claim the prize. The Promoter’s decision is final, and no correspondence will be entered into.
9. The winner’s name and State of residence may be announced via social media and published on 11th January 2021. By entering this Competition, each Eligible Entrant requests that his/her full address not be published.
10. The winner will be notified via phone and in writing within two (2) days of the draw. The prize will be delivered to the winner’s nominated address in Australia or New Zealand. The winner will be required to respond to the Promoter in order to claim his/her prize via the Promoter’s nominated email address.
11. The prize is a one (1) of five (5) “Patagonia Hydrolock boardshorts ” valued to $149.95, total prize value $749.75. All styles, colours and sizes are at the sole discretion of the Promoter.
12. Five (5) prizes will be awarded in total. The total prize pool of the Competition is valued at up to $749.75. (Including GST).
13. Prizes are not transferable and cannot be redeemed for cash. Prizes must be taken as described and no compensation will be payable if a winner is unable to use the prize as described.
14. All entries become the property of the Promoter. Each entrant warrants that he/she has the right to transfer these things to the Promoter, and that each submitted entry does not infringe the rights of any third party to the best of their knowledge. The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner, it sees fit, including without limitation, by reproducing, modifying, or adapting such entries and materials. The Promoter’s decision in relation to any aspect of these terms and conditions and the Competition is final and binding on every person who enters. No correspondence will be entered into.
15. In the event that for any reason whatsoever a winner does not respond to a prize notification by 5pm on 17th January 2021, then the prize will be forfeited by the winner. Any unclaimed prize may be awarded by the Promoter to a reserve entry drawn at the time of the initial prize draw. Any new winner will be notified via phone and in writing on 28th January 2021 and details of any new winner may be published on 28th January 2021 via Promoters social media
16. Winner must comply with all terms and conditions issued by a supplier of a prize.
17. Entrants acknowledge that there may be inherent risks in some aspects of the Competition, including without limitation a prize and that participation in the Competition and/or using a prize may involve participating in dangerous activities. By entering this Competition and/or accepting the prize, entrants accept that risk.
18. The Promoter reserves the right to request winners to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry in order to claim a prize. Proof of identification, age, residency, and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will be disqualified and will forfeit the prize in whole and no substitute will be offered. Unless otherwise nominated, the winner’s prize will be sent to the address held by the Promoter for the entrant.
19. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition, which is fraudulent, misleading, deceptive, or generally damaging to the goodwill or reputation of the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
20. Once the prize has left the Promoter’s or its agent’s premises, no responsibility is accepted for prizes damaged, delayed, or lost in transit and after they are released to the winner. All prices stated are in Australian dollars and include GST.
21. Should an entrant’s contact details change during the Competition, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
22. The: (a) Promoter, the Promoter’s related entities and all agencies associated with the Competition; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph (a) above, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). Nothing in these Conditions of Entry limits, excludes, or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia. Without limitation on the foregoing, the Promoter is not responsible or liable for any costs, loss or damage arising out of any incorrect or inaccurate information, or information provided by the entrant, any variation in prize value to that stated in these Terms and Conditions, any tax liability incurred by a winner or entrant, any costs whatsoever associated with use of the prize or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
23. If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under applicable regulation and, where necessary, with the approval of the relevant lottery authority.
24. In the event that a prize item is unavailable despite the Promoter’s reasonable endeavours to procure it, the Promoter reserves the right to substitute a different prize of equal or greater value, subject to legislative approval.
25. Any costs associated with entering the Competition and using the prize are the responsibility of the entrant.
26. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
27. Collection, use and disclosure of information: The Promoter (“we”, “us”) collects the information that the entrant (“you”) choose to provide to us for the purpose of conducting this Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition). By entering this Competition, you consent to the storage of your personal information on the databases of the Promoter and its related bodies corporate. The Promoter may further share your personal information with the entities providing prizes in this Competition (being (Patagonia)) (“Prize Givers”) and the Promoter, its related bodies corporate and the Prize Givers may use this information for future promotional and marketing purposes regarding their products and services including contacting you via any contact details provided by you. For websites you visit in connection with us, the collection, use and management of your personal information while visiting the websites may be governed by additional privacy policies and terms and conditions. You should consult the website and its host for more details. If you have any questions in relation to privacy, or to access, update and/or change your personal information or to obtain a copy of the Promoter’s privacy policy, please contact us at the address given below or by emailing [email protected] during business hours.
28. The Promoter is TRACKS MEDIA PTY LTD (Australia ABN: 13 646 929 053) of 23 Lamrock ave, Bondi Beach, NSW 2026
29. Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this Competition.
30. The Competition is governed exclusively by the laws of Australia.
