Mother's Day Competition Terms and Conditions
CONTEST DETAILS SCHEDULE AND TERMS & CONDITIONS OF ENTRY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST DETAILS SCHEDULE
This Contest Details Schedule (“Schedule”) sets out the details which govern the Emily Skye FIT Mothers Day Competition (Game of Skill) (“Promotion”). The Schedule must be read together with the Terms and Conditions of Entry (“Terms and Conditions”), which are attached hereto and incorporated herein by this reference and collectively with the Schedule make up the entirety of the Contest “Official Rules”. By entering (or otherwise participating) in the Promotion, entrants agree to these Official Rules, which create a binding contract, so read them carefully before entering.
Emily Skye FIT Mothers Day Competition
This is a game of skill based on skill only with no fee for entry.
Entrants are required to follow the Entry Procedure below to participate in the Promotion. Entrants must comply with these Official Rules to be eligible to participate in the Promotion.
EMILY SKYE FIT PTY LTD (ACN 602 692 642) whose registered address is Level 2, 9-11 Cremorne Street, Cremorne, VIC 3121 Australia (“Promoter”)
USA (including D.C.), Canada (excluding residents of the province of Quebec), Australia, New Zealand and United Kingdom
The Promotion starts at 7:00 am AEST on Friday 22 April 2022.
The Promotion closes at 11:59 pm AEST on Sunday 8 May 2022 (“Promotion Period”).
An individual is an “Eligible Person” if they are:
Over eighteen (18) years old at time and date of entry;
Directors, management, employees, officers and contractors of the Promoter (and their Immediate Families (defined below), and individuals living in the same household, whether legally related or not) or of the agencies or organisations associated with this Promotion are ineligible to enter or win a prize in this Promotion. “Immediate Families” means spouse, parent, grandparent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
There is one method of entry into the Promotion
Participants who wish to enter into the Promotion must visit the following website http://www.emilyskyefit.com and enter their first name, last name, country of residence and email address and respond to the following prompt:
“Tell us in 25 words or less about a strong woman in your life and how she is #allkindsofstrong”
Once you have submitted a response, you will be automatically entered into the Promotion. Your response must be submitted during the Promotion Period.
Maximum Number of Entries per Entrant
Participants can enter multiple times but must nominate a new person for each entry.
The entrant is responsible for having full and ongoing access to their email account.
Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. The Promoter will consider entries received final. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
Entries must be submitted in the English language.
Internet and data charges apply and are the responsibility of the entrant.
In the event you are selected as a winner, entrants must be willing to have their name and nomination published on the Promoter’s Facebook page, Instagram, Twitter or other publication.
The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of the Official Rules or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.
Entries will be selected and judged by a panel of representatives from the Emily Skye FIT team.
Judging will occur on 10 May 2022 at Level 2, 9-11 Cremorne St, Cremorne VIC 3121
The winners will be judged at the judge’s sole discretion and selected on the following criteria, each weighted equally:
Adherence to the entry procedure.
The winner will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
There are five (5) prizes to be won in this Promotion.
Each prize consists of:
2 x Emily Skye FIT 12 month subscriptions valued at $239.98 ($119.99 each)
2 x James Cosmetics Mother's Day packs valued at $299.98 ($149.99 each)
Total prize value = $539.96
Total prize pool = $2699.80
Prize value is the recommended retail value as provided by the Promoter; is in Australian dollars and is estimated at competition launch date of 22 April 2022. No difference between actual and estimated prize value will be provided.
Prize Restrictions (if any)
A tax invoice or receipt will not be issued to any winner.
The prize is non-transferrable and cannot be exchanged or redeemed for cash. Any attempt to resell or auction all or any part of the Prize may result in its immediate cancellation by the Promoter. The Winners agree to make themselves available for reasonable publicity opportunities at the discretion of the Promoter after the collection of the Prize.
Notification of Winners
The winners will be notified via email and published on the Promoter’s website (http://www.emilyskyefit.com) no later than 17 May 2022 (AEDT). The Promoter will make all reasonable attempts to contact each potential winner and if the Promoter is unable to contact such a winner their prize will be automatically forfeited and such potential winner will be disqualified.
Prize Claim Date
If a Prize is not redeemed within a reasonable time period, the Promoter will, at its reasonable discretion, issue that Prize to a runner up until all Prizes are awarded. If a winner is a current customer with an active Emily Skye FIT membership The Prize Claim Date is when their current subscription expires.
Prizes will be given to each potential Winner after validation of the Winner by the Promoter and acceptance of the Prize. The winners will be directly contacted via email with instructions on how to claim their prize.
By entering the Promotion, the entrant consents to receipt of any commercial electronic messages regarding the competition from the Promoter.
All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Official Rules.
If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize.
EMILY SKYE FIT MOTHERS DAY CONTEST
TERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions of Entry (“Terms and Conditions”) incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of the Schedule and these Terms and Conditions (collectively, the “Official Rules”).
2. EMILY SKYE FIT PTY LTD (ACN 602 692 642) whose registered address is Level 2, 9-11 Cremorne Street, Cremorne, VIC 3121 (“Promoter”)
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
4. Entry to the Promotion is open only to residents of the relevant countries who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any)
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
7. All valid entries received during the Promotion Period will be entered in the Promotion.
8. Once submitted, Entrants cannot alter or delete their entry.
9. Entrants may enter the Promotion multiple times.
10. Entries must be received by the Promoter during the Promotion Period. All entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.
11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.
12. All Entries (including text, photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
JUDGING OF ENTRIES FOR GAMES OF SKILL
13. Each valid entry will be individually judged in accordance with the Schedule and based on the Judging Criteria.
14. The prizes will be awarded to the valid entrant or entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter’s judgment, contain illegal, offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
15. The judges' decisions are final and no correspondence will be entered into.
PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE
16. If the Promotion is conducted via a social networking site (including, but not limited to, Facebook and/or Instagram), entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the social networking site.
17. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to social networking sites.
18. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the social networking site.
19. Entrants release the social networking site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
20. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions and applicable laws, rules and regulations. For the purposes of these content requirements, Entry Materials includes any material (including, but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
21. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid and entrant will be disqualified.
22. Entries submitted by persons who are not Eligible Persons will be deemed invalid.
23. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
24. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
25. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
26. An entrant’s entry must not include:
(a) any image or voice or other personal information of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including, but not limited to, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant represents and warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
27. By entering this Promotion all entrants, subject to applicable law:
(a) irrevocably consent to the Promoter and each of their licensees, and its and their successors, assigns and sublicensees, using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice, biography or anything else that identifies them for the purposes of any reasonable promotion, advertising, publicity or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means and media now and hereafter known (including, but not limited to, any national print media, the Promoter’s website and any other promotional material) in perpetuity, worldwide, without any obligation, notice or consideration, except for the awarding of the Prizes;
(b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; Where such assignment is not effective, by entering the Promotion, each entrant: (i) grants to the Promoter, in perpetuity, a worldwide non-exclusive license to publish, display, reproduce, translate, create derivative works from, modify, edit or otherwise use his/her Entry Materials, in whole or in part, for administrating, advertising or promoting the Promotion or for any other reason, in any type of media; and (ii) agrees to release and hold harmless the Promoter from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action that relates in any way to his/her Entry, including, without limitation, any intellectual property related cause of action;
- (c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given; (ii) waive all moral or similar or equivalent rights that arise outside Australia; and (iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
- (d) Entrant further represents and warrants that his or her submission and all materials and matter therein:
(a) (except for elements that are within the public domain or are provided by Promoter for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Promoter the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the submission and the use of the submission and to verify compliance with the foregoing requirements. Entrant agrees to provide to Promoter at Promoter’s request copies of all such permissions, licenses and consents. Promoter reserves the right, in its sole discretion, to disqualify and/or not to post on the Promotion website any submission that Promoter determines does not comply with these Official Rules, to make such changes to any submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her submission, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Promoter’s use of any submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Promoter harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Promotion activities.
28. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.
If Promotion shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Promoter may reasonably require in order to effectuate the purposes and intents of these Terms and Conditions, then entrant agrees to sign the same upon Promoter’s request therefore.
Each entrant acknowledges that submissions are not being submitted in confidence or in trust to Promoter and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Promoter and other entrants may have created ideas and concepts contained in their submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promoter because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their submissions and there is no obligation for Promoter to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Promoter, whatsoever. Submissions are not confidential and the Promotion Entities’ only obligations to entrants regarding submissions are as specifically set forth in these Official Rules. The decisions of the Promoter are final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules.
PRIZES - GENERAL
29. If the Prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
30. The Promoter may, at its discretion, require any person taking, accepting or participating in any Prize to be 18 years or over.
31. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the Prize. The participants agree to the chaperone being present with them for the duration of the Prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.
32. The Prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value or duration of the lifetime subscription. Once processed against the winner’s account, the lifetime membership holds no value and will extinguish in the case that the Promoter ceases to exist or ceases to offer the service to which the lifetime membership pertains.
33. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including online auctions and private sales. Unused portions of Prizes will be forfeited and no compensation will be paid in lieu of that element of the Prize.
34. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any Prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
35. Where Prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable. Unclaimed prize(s) will be forfeited.
36. Without limiting the above terms and conditions, the Promoter may, at its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the individual prize value specified in the Prize Details).
37. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any Prize or the failure of any Prize to be of acceptable quality.
38. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the Prize, as applicable.
39. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES
40. The Prize(s) are specified in the Prize Details. The Prize(s) are subject to any restrictions specified in the Schedule. The total approximate retail value of the prize pool is specified in the Schedule.
41. If a Prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
42. If a Prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
43. If a Prize includes travel, the Prize must be booked and completed as specified by the Promoter or by the supplier of the Prize. If the Prize is event based, any travel provided as part of the Prize must be taken on the dates specified by the Promoter to coincide with the event. The Prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed Prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the Prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.
44. If the Prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the Prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).
45. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the unclaimed prize arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the unclaimed prize arrangements, subject to any directions given by any relevant authority.
CANCELLATION OF COMPETITION
46. If, for any reason, the Promotion or any of the Prizes are not capable of being run or offered as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to applicable laws, rules and regulations and may include cancellation, termination, modification or suspension of the Promotion. The Promoter is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant's email or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
47. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including, but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
48. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including, without limitation, in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion. As a condition of entering the Promotion, the entrant gives consent for the Promoter to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrant provides to the Promoter may be used to communicate with the entrant in relation to this Promotion or on a Promotion Winners list.
50. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
51. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas, including outside the European Economic Area. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter for one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
52. The Promoter may also disclose your personal information as required by law. For UK Residents only: The Promoter will make winners’ names and county of residence available on request to anyone who sends a stamped self-addressed envelope to the Promoter within 10 weeks of the end of the Promotion Period, as required by the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the “Code”). The Promoter may also be asked to provide the same details to the Advertising Standards Authority (“ASA”) who publish and enforce the Code. This use of winners’ data is necessary for the Promoter’s legitimate interests in complying with the Code. Winners who do not wish the Promoter to disclose these details to members of the public who request them, should let the Promoter know as soon as possible by emailing: [email protected]. Winners may also object to the disclosure to the ASA by emailing the same address, giving reasons. The Promoter will take these reasons into account if the ASA asks for the winners’ details.
INDEMNITY AND LIABILITY
54. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including, but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death (except as stated below) which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, and determination of the winners, promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law). By participating in the Promotion, entrant agrees to indemnify, release, discharge and hold harmless the Promoter, and each of their respective directors, officers, employees, agents, successors and assigns, from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Promotion and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Promotion; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity and/or prize).
55. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult/above the age of majority where they reside, their parent or guardian) must sign an indemnity, release and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity, release and exclusion of liability form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to select a new winner for the prize in accordance with judging criteria set forth in the Schedule.
56. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
57. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
For UK Residents Only: Regardless of anything else stated in these Terms and Conditions, nothing in these Terms and Conditions, or terms that are incorporated into these Terms and Conditions, shall in any way limit or exclude any liability of the Promoter for (a) death or personal injury caused by negligence, (b) fraud, or (c) any other type of liability that may not be lawfully limited or excluded.
58. The Promoter reserves the right, in its sole discretion, to verify the validity of entries and to disqualify any entrant who tampers with the entry, or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
59. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
60. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion. Prize Winners will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prize(s) is based on available information provided to the Promoter and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winner(s) may be required to provide the Promoter with a valid social security number (if Winner is residing in the U.S.) before the prize(s) will be awarded for tax reporting purposes. For winners who reside in the U.S, an IRS Form 1099 may be issued in the name of Winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received.
61. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
62. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
63. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
64. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
65. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
66. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the Prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
67. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit so as to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner or their companion(s) not sufficiently healthy or fit to participate in the Promotion.
68. The Contest Details Schedule and these Terms and Conditions are governed by the laws of New South Wales, Australia. Each entrant who resides in Australia, Canada and the United Kingdom unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Dispute Resolution for U.S. Residents Only: If you reside in the United States, the parties each agree to finally settle all disputes only through arbitration; provided, however, the Promoter shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, California. Promoter agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of the entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
69. BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
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