http://in2indoor.com.au/news/win-a-fitbit-gift-pack-worth-700
Terms and Conditions
Information on how to enter and prizes form part of these Terms and Conditions. By participating in the oOh!Media Win a Fitbit competition (Competition), each Entrant, defined below, agrees to be bound by these Terms and Conditions.
The promoter is oOh! Media Operations Pty Ltd ABN 44 094 713 210 of Level 2, 76 Berry Street North Sydney NSW 2060, telephone number (02) 9927 5555 (Promoter).
1. COMPETITION PERIOD
The Competition commences at 17:00pm AEST on 3 August 2015 and closes at 23.59pm AEST on 30 August 2015 (Competition Period).
2. ENTRY
Entry is free and open to all Australian residents. If an entrant is under the age of 18 they must obtain prior consent from their parent or legal guardian to enter and the parent or legal guardian may be required to verify the granting of consent and/or sign a release, agreeing to be bound by these Terms and Conditions, at the discretion of the Promoter (Entrants). Failure of an Entrant’s parent or legal guardian to verify consent and/or sign a release under this clause 2 will invalidate all of the Entrant’s Entries.
The business directors, management and employees (and their immediate families, retailers, or suppliers) of the Promoter, or their related bodies corporate, are not eligible to enter the Competition.
To enter the Competition, Entrants must, during the Competition Period:
(i) go to
www.in2indoor.com.au (Website);
(ii) click on the competition link on the Website;
(iii) answer and complete all survey questions online;
(iv) at the end of the survey, describe in 25 words or less "an innovation which you think would most revolutionise indoor sports?"; and
(v) input the requested information on the online entry form including the Entrant's full name, phone number, email address, age, State or Territory he/she is from and gender.
(Entry).
Entries in any other form are invalid and will not be accepted.
Each Entrant may only submit a maximum of one Entry and their Entry must be: (a) substantially unique, (b) the Entrant's original work; (b) reflective of the Entrant's own experience; and (d) submitted in accordance with these Terms and Conditions.
The Promoter reserves the right, at any time to verify the validity of Entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who tampers with the Entry process or who submits an Entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the Competition.
The Promoter’s decision to disqualify an Entry is final and no correspondence will be entered into. The Promoter accepts no responsibility for lost, late or misdirected entries. Errors and omissions may be accepted at the Promoter’s absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in their sole discretion, to determine the identity of the Entrant.
Incomplete, indecipherable or illegible Entries will be deemed invalid. Entries from email sources which are recognised by the Promoter as spam will be disqualified.
Any cost associated with accessing the Website is the Entrant’s responsibility and is dependent on the Internet service provider used.
3. SELECTING A WINNER
The Entries will be judged by the Promoter commencing at AEST 12:00pm on 1 September 2015 at the offices of the Promoter at 76 Berry Street, North Sydney, New South Wales 2060.
Each valid Entry will be individually judged based on the criteria of creativity and cleverness, as judged by the Promoter at its absolute discretion. Only one prize will be awarded per person. This is a game of skill. Chance plays no part in determining the Winner.
The ten (10) most creative and clever Entries as determined by the judge(s) in their sole discretion, will each win a Prize (Winners).
The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Competition result or any other decisions the Promoter makes in connection with the Competition.
Each Winner will be notified by telephone and by email by 3 September 2015 and their name will be published on the Website on 3 September 2015.
4. PRIZE DETAILS
Each Winner will receive a prize pack valued at AU$700.00 RRP and includes:
• 1 x Fitbit Flex;
• 1 x Fitbit Charge HR;
• 1 x Fitbit Surge;
• 10 x Flex Bands;
• Instructions brochure; and
• Flex pegs.
(Prize).
There is a total of ten (10) Prizes to be won. Total Prize pool valued at AU$7,000.00 RRP.
The Promoter accepts no responsibility for any variation in the value of the Prize. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash. If the Prize or any part of the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter, in its discretion, reserves the right to substitute the Prize (or part of the Prize) with an alternative prize to the equivalent value and nature, unless to do so would be prohibited by law and subject to any written directions from a regulatory authority.
All prizes will be supplied and fulfilled by the Promoter. Prizes will be fulfilled by 29 September 2015.
The Prize will be delivered to the nominated addresses of the Winners. Delivery of the Prize is valid to any state and/or city in Australia. The Promoter is neither responsible nor liable for any late, lost or misdirected mail (including but not limited to any mail containing the Prize). The Promoter is not liable for any Prize damaged in transit in the delivery of the Prize.
If for any reason whatsoever a Winner does not take the Prize, or an element of the Prize, by the time stipulated by the Promoter, then the prize or that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu.
In acceptance of the Prize, the Winner acknowledges that they may incur ongoing costs associated with the Prize which are the entire responsibility of the Winner and unless expressly stated within these Terms and Conditions regarding the Prize (or part of the Prize), all other expenses are the entire responsibility of the Winners.
5. MISCELLANEOUS
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the states and territories of Australia (Non Excludable Guarantees). Except for any liability that cannot be excluded, including any Non-Excludable Guarantees, the Promoter (including its respective officer, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury, or any loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of the Competition including, without limitation, (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by the Winners; (f) any tax implications; or (g) a Prize or use of a Prize.
If the Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including, without limitation, technical malfunctions or failures or computer error.
If for any reason the Competition is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, 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, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition, subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or downloading any materials in the Competition.
In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but limited to natural disaster) the Promoter reserves the right (subject to all relevant state and territory rules and regulations) to cancel, terminate, modify or suspend the Competition.
By participating in the Competition, Entrants and the Winners agree to co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. Each Winner grants the Promoter (and will procure that their companions grant, if applicable) a perpetual, non-exclusive, worldwide licence to use such footage and photographs in all media forms whatsoever and the Winners will not be entitled to any fee for such use. Each Winner also consents to the Promoter providing their details to third parties who are providing services in relation to, or fulfilling any element of, the Prize.
Each Winner must, at the Promoter’s request, participate in all activity in relation to this Competition (such as publicity and photography) and social media activity (including blogging, posting and tweeting from the event) surrounding the winning of the Prize, free of charge, and each Winner consents to the Promoter using their name and image in material in relation to this Competition. Each Winner agrees that they will not sell or otherwise provide their story and/or photographs to any media or other organisation.
Entrants consent to the Promoter using the Entrant's name, likeness, image and/or voice in the event that they are a Winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition, and promoting any products manufactured, distributed and/or supplied by the Promoter.
Each work submitted as an Entry or part of an Entry (Work) becomes the property of the Promoter. Work(s) will not be returned to any Entrant. As a condition of Entry, each Entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the Entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an Entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the Entrant’s Work(s) for this Competition, marketing or publicity purposes, whether in respect of this Competition, the Promoter, or otherwise. Each Entrant warrants to the Promoter that the Work submitted is an original literary work of the Entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition by an Entrant will result in the Entry being invalid. In addition, each Entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that Entrant’s breach of the warranty set out in this condition.
The Promoter collects personal information (PI) in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers including third party providers, prize suppliers and, as required, to Australian regulatory authorities. Entry in this Competition is conditional on providing this information. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting
http://www.oohmedia.com.au/articles/ooh-privacy-policy-social-sports. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI to improve its products and services or for this Competition, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Promoter's privacy policy specifies how the Promoter collects and uses Entrants' PI and how an individual can request access to it, correct PI held about them or how to complain about a potential privacy breach. An Entrant should direct any requests to opt out, access, update or correct information to the Promoter by contacting the Promoter at
privacy@oohmedia.com.au.
Australian Competitions Club
