https://au.billabong.com/page/help/win-a-trip-to-the-whitsundays“CLEO” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who are able to travel to Daydream Island, Whitsundays between 15/01/2016 and 30/6/2016.
3. Employees (and their immediate families) of the Promoter, Billabong retailers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Promotion commences on 26/10/2015 and ends at 11.59pm AEDST on 30/11/2015 (“Promotional Period”).
5. To enter, individuals must complete one (1) of the following entry methods during the Promotional Period:
(a) In Store: visit any Billabong store in Australia and request a Billabong store staff member complete a database entry form at a point-of-sale counter on their behalf and provide the staff member with all of the requested personal details (including their full name, residential address, phone number, a valid email address, date of birth and gender); or
(b) visit au.billabong.com/womens, follow the prompts to the promotion entry page, input the requested details (including their full name, residential address, phone number, valid email address, date of birth, and gender), and submit the fully completed database entry form.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Only one (1) entry permitted per person.
8. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
10. The draw will take place at The Red Pill Advertising, 58 Irving Road, Toorak VIC on 3/12/2015 at 10am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
11. The winner will be notified by mail and telephone within two (2) business days of the draw and in writing. The winner’s name will also be published at the Billabong website
www.billabong.com.au from 7/12/2015.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first valid entry drawn will win a trip for two (2) people to Daydream Island, Whitsundays, Queensland valued at up to $6,000.00 depending on point of departure and date of travel. The prize includes:
• Two (2) return economy airfares from the winner’s closest city of either Brisbane, Sydney, Melbourne or Perth to Hamilton Island, Queensland for two (2) people;
• Two (2) return ferry transfers between Hamilton Island and Daydream Island
• 4 nights twin-share accommodation for two (2) in a Coral Ocean Balcony room at Daydream Island Resort and Spa including a full buffet breakfast daily
• Living Reef Experience at Daydream Island Resort and Spa
• 1 hour relaxation Spa Treatment for two (2) people
• Day adventure for two (2) people on the Derwent Hunter tall ship including snorkel, morning tea and lunch, return ferry transfers between Daydream Island and Airlie Beach
• Billabong gift card for each of the winner and the winner’s travel companion, to the retail value of $500.00 each.
14. Flights, accommodation and activities are subject to availability, must be booked in advance, and are subject to the respective providers’ terms and conditions. The winner will be required to nominate their preferred travel dates between 15/01/2016 and 30/6/2016, excluding any prevailing Australian or New Zealand school holiday or other peak periods and Easter Weekend. The Promoter will secure airline and hotel reservations for the winner as close as possible to those nominated preferred travel dates, subject always to flight and seat availability. In the event that agreement cannot be reached between the Promoter and the winner regarding the exact dates of travel, the Promoter reserves the right to determine the itinerary in its absolute discretion.
15. Spending money, meals, insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.
16. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her travel companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her travel companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
17. The winner and his/her companion acknowledge that the snorkel component of the prize (“Activity”) is a dangerous activity that may result in injury or death, and participate at their own risk. The winner and his/her companions must: (a) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (b) not be under the influence of drugs or alcohol; (c) comply with all directions of the Promoter and the Activity organiser at all times; and (d) wear all safety and other equipment required. The Promoter and Activity organiser, in their absolute discretion, at all times reserve the right to: (a) prevent any winner and/or his/her companion/s from participating in the Activity if, at any time, they reasonably believe that the winner and/or his/her companions pose a safety risk or for any other reason; and/or (b) cancel or postpone the Activity if the conditions are deemed dangerous.
18. Subject to the unclaimed prize draw clause, if for any reason the 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 and will not be redeemable for cash.
19. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
20. If the winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
21. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
22. Total prize pool valued at up to $6,000.00 depending on point of departure and date of travel.
23. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
24. A draw for the prize if unclaimed may take place on 3rd March 2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by phone within two (2) business days of the draw and in writing, and their name will be published at the Billabong website (
www.billabong.com.au) from 7th March 2016.
25. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. If this promotion 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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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 promotion, as appropriate.
27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
28. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
29. 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, 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 by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 promotion.
30. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 a winner or entrant; or (f) taking of and/or participation in the prize.
31. As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the winner or the winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
32. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. In particular, the Promoter will disclose such PI to Whitsundays Tourism and Daydream Island Resort and Spa, who will subscribe entrants to their electronic marketing messages. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
www.billabong.com. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy.
33. The Promoter is GSM (Operations) Pty Ltd, trading as Billabong (ABN 67 085 950 803) of 1 Billabong Place, Burleigh Heads, QLD, 4220, telephone (07) 5589 9899.
NSW Permit No. LTPS/15/07839 ACT Permit No. TP 15/07637
SA Permit No. T15/1806
Australian Competitions Club
