TERMS AND CONDITIONS OF ENTRY
1. By entering the Competition, entrants accept these terms and conditions.
2. The name of the competition is “Oakley Sunglasses Giveaway Consumer Promotion (2014)” (“the Competition”).
3. The permit numbers for the Competition are:
(a) New South Wales – LTPS/14/00933
(b) Australian Capital Territory – ACT TP 14/00466
4. The promoter of the Competition is Oakley South Pacific Pty Ltd (ABN 47 090 585 149) of 24 The Esplanade, St Kilda, Victoria, 3182, Australia (“the Promoter”).
5. Entry is open only to legal residents of Australia and New Zealand who are at least 15 years of age at the time of entering. Persons entering the Competition who are under 18 years of age require their parent’s or legal guardian’s permission. Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Competition, are ineligible to enter.
6. The Competition will commence at 0.01am AEDT on 28 February 2014 and entries close at 4.00pm AEDT on 18 September 2014 (“the Competition Period”).
7. To enter the Competition, during the Competition Period each entrant must provide the requested sign up information on an online form at
www.facebook.com/oakleyaustralia.
8. Entries must be received by the Promoter during the Competition Period. There is a limit of one (1) entry per entrant.
9. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. Any form of automated entry using any device or software is invalid. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. All inaccurate and/or incomplete entries will be deemed invalid.
10. Draws will be held every Friday during the Competition Period with a final draw to be held on 19 September 2014 at 9.00am AEDT at the Promoter’s offices at 24 The Esplanade, St Kilda, Victoria, 3182, Australia. The draw dates are as follows – 7, 14, 21 and 28 March 2014; 4, 11, 18 and 25 April 2014; 2, 9, 16, 23 and 30 May 2014; 6, 13, 20 and 27 June 2014; 4, 11, 18 and 25 July 2014; 1, 8, 15, 22 and 29 August 2014; and 5, 12 and 19 September 2014.
11. Each draw will involve the random drawing of one (1) entry from all valid entries received by the Promoter in the preceding seven (7) day period.
12. The total prize pool is twenty-nine (29) Oakley branded sunglasses as selected by the Promoter (valued at up to $170 each). The total worldwide prize pool is up to $4,930. There is a limit if one (1) prize per entrant.

13. Winners will be notified via e-mail on the day of each draw. On the day of each draw winners’ names and states of residence will be also be posted on Facebook and tweeted on Twitter. Winners’ names and states of residence will be published in the Australian newspaper on 26 September 2014. By entering this Competition, each entrant requests that his or her full address not be published.
14. Each winner must claim his/her acceptance of his/her prize via e-mail to the Promoter by 5.00pm AEDT on 27 January 2015. If any prize is not claimed by 5.00pm AEDT on 27 January 2015, the winner’s entry will be deemed invalid and the Promoter may conduct a further draw on 28 January 2015 at the same time and place as the original draw (“Second Draw”), subject to any written directions from any relevant authority. In the event the Second Draw takes place, the Promoter will attempt to contact the winner(s) of the Second Draw via mail on the day of the Second Draw and the name(s) of any winner(s) of the Second Draw will be published in The Australian newspaper on 30 January 2015. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities, if required.
15. The Promoter and its related bodies corporate will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Competition or accepting or using the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
16. Without limiting the previous paragraph, the Promoter and its related bodies corporate will not be liable for any damage to or delay in transit of the prize.
17. The Promoter may in its absolute discretion prohibit an entrant’s participation in this Competition, cancel a prize or otherwise cease to provide any benefit of a prize to a winner if the entrant or the winner, in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
18. All entries and materials submitted to the Promoter in connection with this Competition (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. 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.
19. If an entrant is unable to or refuses or fails to take part in any element of this Competition, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Competition. Entries that, in the Promoter’s judgment, are offensive, defamatory or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid. The judges’ decision is final and no correspondence will be entered into.
20. Prizes and participation in the Competition are subject to any conditions imposed by the supplier or organiser of the prizes, as applicable.
21. The Promoter may require each winner to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
22. If due to any reason whatsoever the Promoter becomes aware after an entrant has won the prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced him/her as the winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
23. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Competition or acts in violation of these terms and conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
24. No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason the winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where an element of the prize is unavailable for any reason, the Promoter may substitute for that element of the prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities, if required. Without limiting the foregoing, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the element of the prize value specified in these terms and conditions).
25. Without limiting any other paragraph in these terms and conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness for any purpose of any element of the prize, or the failure of any element of the prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
26. If for any reason any aspect of this Competition and/or the prize is not capable of running as planned, including by reason of war, terrorism, state of emergency, disaster, infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Competition and/or the prize, or invalidate any affected entries, subject to the approval of the relevant authorities, if required.
27. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities, if required. All decisions by the Promoter are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. 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.
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 information entrants provide will be used by the Promoter for the purpose of conducting this Competition. By entering this Competition, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their
products and services including contacting entrants via any contact details provided by the entrant. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Competition or communicating with entrants. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can view the Promoter’s privacy policy at
http://au.oakley.com/legal/global_privacy_policy.
31. Unless the contrary intention appears, a reference in these terms or in any advertisement relating to this Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. All references to dollar amounts are inclusive of goods and services tax (GST).
32. In these terms and conditions “related body corporate” has the meaning given in the Corporations Act 2001 (Cth) from time to time and “related bodies corporate” has a corresponding meaning.
33. The Competition is governed exclusively by the laws of Australia.
