https://www.surfstitch.com/WIN THE TRIP OF A LIFETIME TO HOSSEGOR, FRANCE!
Quiksilver and Roxy x SurfStitch Competition – Conditions of Entry
Introduction
The promoter of the Quiksilver and Roxy Competition is SurfStitch Pty Limited (ABN 65141251443) of 225 Burleigh Connection Road, Burleigh Heads QLD 4220 (Promoter).
Information on how to enter and the prize(s) form part of these Terms and Conditions. Entry into and participation in the Competition is subject to these Conditions of Entry. By submitting an entry into the Competition, individuals acknowledge that they have read and understood and agree to be bound by these Conditions of Entry.
Entry for the Competition opens at 6:00AM Australian Eastern Standard Time (AEST) on Friday 17thMarch 2017 and closes at 11:59PM AEST on Thursday 13th April 2017 (Competition Entry Period).
The Promoter and related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents, representatives and licensors and any persons authorised by such entities (including any sponsors or agents of the Competition that are listed on
www.surfstitch.com or otherwise specified by the Promoter from time to time) will be referred to individually and collectively as SurfStitch in these Conditions of Entry. The primary website address for the Competition is
www.surfstitch.com. This, and all associated SurfStitch webpages or sites linked to it (including any related mobile phone messages or material), are referred to in these Conditions of Entry as the Website.
Who is eligible to enter?
The Quiksilver and Roxy Competition is open to individuals (Eligible Persons) who:
are citizens or permanent residents of Australia;
are at least 18 years of age at the commencement of the Competition Entry Period;
are not (and none of their immediate family or people they are living with are) employees, officers, directors or agents of SurfStitch Pty Ltd or any sponsor associated with the Competition. 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; or
do not have any criminal convictions.
By entering the Competition, Eligible Persons authorize the Promoter to conduct any police checks deemed necessary by the Promoter in its sole discretion to ensure an entrant is an Eligible Person.
How to Enter
In order to participate in this random draw, a purchase of a new season Quiksilver or Roxy product must be made on
www.surfstitch.com between 6:00AM Australian Eastern Standard Time (AEST) on Friday 17th March 2017 and 11:59PM AEST on Thursday 13th April, 2017 (Competition Entry Period).
Multiple entries are permitted. Only purchases on new season, non-sale/non discounted products are valid for entry.
The Promoter reserves the right, at any time, to ask Entrants to undergo a probity check at any time and to disqualify any Entrant who receives an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. If an Entrant fails to provide such evidence or undergo a probity check within a reasonable time, or if an Entrant provides false, misleading or inaccurate information, the Promoter may disqualify the Entrant from the Competition. Entries with any errors and omissions may be accepted, rejected, amended or corrected at the Promoter’s and/or the Agent’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Entrants must also inform the Promoter if they have or receive any criminal convictions, in which case the Promoter may reject or disqualify their Entry in the Promoter’s sole discretion.
Entrants acknowledge that their personal details will be stored and used by the Promoter and any supplier of prizes in accordance with SurfStitch Pty Ltd’s applicable Privacy Policy, which is available at
http://www.surfstitch.com/info/footer_privacy_policy.
Entrants must bear their own costs and expenses associated with the preparation and participation in the Competition, including any cost associated with accessing the Website, unless otherwise specified on the Website or in these Conditions of Entry, or agreed by the Promoter in advance in writing.
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.
Determination of Winners
The winners of the prizes will be randomly selected. ‘The random selection will be picked from a barrel of Entrants’ and skill plays no part in determining the winners of this promotion.
All Prizes are accepted at the Winner’s and/or companion’s risk (as applicable) and the Promoter (and its Prize and Competition suppliers) each exclude all warranties in connection with the Prizes, to the extent permitted by law. The Winners are responsible for any taxes payable as a result of a Prize being awarded or received.
Details of all Prizes will be determined by the Promoter, in its sole discretion and the Promoter reserves the right to substitute alternative Prizes. Prizes are not transferable or exchangeable and, except as substituted by the Promoter, cannot be taken in any other form, including cash.
The Major Prize draw will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD at 03:00PM AEST on April 18th, 2017. The prize draw will be announced on
www.facebook.com/surfstitch at 04:00PM AEST on April 18th, 2017.
The Major Prize Draw winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry. If the winner does not accept the prize within a period of three (3) months by 4:00PM AEST on the 18th July, 2017, the Second Chance Draw will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD on the 18th July 2017 at 4:00PM AEST. The new winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry. The prize draw will be announced on
www.facebook.com/surfstitch at 5:00PM AEST on the 18th July 2017.
The First Runner Up and Second Runner Up prize draw will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD at 03:00PM AEST on April 18th, 2017. The First Runner Up winner will be the first valid entry drawn following the Major Prize Draw. The Second Runner Up winner will be the first valid entry drawn following both the Major Prize and Second Runner Up Prize Draws. The First and Second Runner Up Prize Draw will be announced on
www.facebook.com/surfstitch at 04:00PM AEST on April 18th, 2017.
The First Runner Up and Second Runner Up winners will be contacted by telephone and by the email address provided in their corresponding order details to the relevant entry. If a winner does not accept the prize within a period of three by 4:00PM AEST on the 18th July, 2017, the Second Chance Draw for the First Runner Up prize and/or the Second Runner Up prize will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD on the 18th July 2017 at 4:00PM AEST. The new winner/s will be contacted by telephone and by the email address provided in their corresponding order details to the relevant entry. The prize draw will be announced on
www.facebook.com/surfstitch at 5:00PM AEST on the 18th July 2017.
Prizes
Details of the Major Prize are as follows for two people:
MAJOR PRIZE: Flights and Accommodation and a $1000 prize pack to the total value of AU$7,500.00
8 nights’ accommodation for 2 people at ACCOR Joe & Joe’s Hotel in Hossegor valued at $3,500
Return economy flights for 2 people from any Australian capital city valued at $3,000
1 x $1000 ROXY/Quiksilver product Prize Pack
Once booked, winners are not permitted to change any flights or accommodation dates and details. The winner and guest will need to cover any associated travel costs to get to their closest capital city to depart. Passengers with luggage over the Airline’s baggage weight limit specified on the ticket will incur the Airline’s standard fees. All ticketing is electronic and paper tickets will not be issued. Taxes are included. Prize is not changeable or redeemable for cash. The guest of the winner must be at least 18 years of age as at the commencement of the Competition Entry Period.
Flights are subject to the fare rules and General Conditions of Carriage of the relevant carrier. The Winner is responsible for the payment of any applicable airline excess baggage fees or other fees, taxes and surcharges. The Winner and their guest will not be entitled to accrue frequent flyer points on the travel or accommodation. The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the Winner.
Any extension to the duration of the Prize is at the Winner’s sole expense and subject to availability at the time of booking.
Winners may be required to present their credit card at time of accommodation check in for security purposes. If for any reason a winner does not take a prize (or an element of its prize) at 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, subject to relevant regulatory authority approval.
Additional spending money, meals, alcohol, taxes, gratuities/tips, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included in any prize.
The winner and their guest must depart from and return to the same departure point and travel together.
Itineraries are to be determined by the Promoter in its absolute discretion.
In the event of war, civil unrest, 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. If the winner cannot participate in the activities provided by the relevant operator while they are at the Prize destination, the activities will then be forfeited, subject to approval from the relevant regulatory authorities.
Conditions of accepting the prize for winner and any guest:
(a) Prize travel must be taken within the twelve (12) month period following the competition results between 18th April 2017 and 18th April 2018, and is subject to accommodation and flight availability. The winner will be required to nominate their preferred travel dates and the Promoter will secure airline and hotel reservations for the winner as close as possible to those nominated preferred travel dates, subject 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 winner’s itinerary in its absolute discretion. In the event that the winner is unable to travel during the stipulated period then they forfeit the travel component of the Prize with no further compensation or liability to the Promoter. Cash will not be awarded in lieu of the Prize.
(b) submit medical information to the Promoter promptly upon reasonable request, and submit to any reasonable medical examinations or probity or background checks that may be necessary to establish that the Winner and any guest is able to travel to the locations described in the relevant Prize(s); and
(c) sign the Promoter’s:
deed of release in relation to the use of their names and images for promotional purposes; and
deed of indemnity and exclusion of liability.
Prize Conditions
This prize ticket must be taken as offered and cannot be sold, bartered or exchanged for cash.
Once the ticket is issued changes are not permitted.
Tickets are non-transferable.
In the event of a no-show, tickets may not be changed or reissued.
Tickets are subject to availability
Flights are from any Australian capital city
Prize is valid for travel within 12 months
Bookings must be made at most 90 days in advance of desired and available departure date and at least 45 days of departure.
Flights cannot be booked for the blackout periods which include all school holidays.
Travel expenses i.e. getting to and from the airport, meals, insurance, taxes, travel documents, in room charges and other ancillary costs are not included in the prize.
As of 2nd March 2017, the maximum Prize value for the Major Prize Package is AU$7,500.00. The Promoter accepts no responsibility for any variation in the Prize value.
Details of the Runner Up Prizes are as follows for one person each:
First Runner Up Prize: Roxy or JS Surfboard to the total value of AU$800.00
Second Runner Up Prize: Quiksilver or Roxy clothing and accessories prize pack to the total value of AU$500.00
Insurance is not included. SurfStitch Pty Ltd does not take any responsibility for any injury or loss incurred by the winner in entering this Contest or in accepting their prize.
Notwithstanding the above, SurfStitch Pty Ltd reserves the right to offer the winner a prize alternative to the prize originally awarded and accepted which, with the winners written consent, shall replace the original prize, equal to or greater in value than the original prize.
Prizes are subject to the standard terms and conditions of individual prize and service providers.
If for any reason a winner does not take a prize (or an element of its prize) at 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, subject to relevant regulatory authority approval.
If any prize (or part of any 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 approval from the relevant regulatory authorities.
Winner and any companion conduct
Winner and any guest must not:
(a) hold themselves out as or otherwise represent that they are an agent of SurfStitch Pty Ltd or any supplier of the prizes or otherwise affiliated with any SurfStitch Pty Ltd , or any supplier of the Prize (Promoter Associates) except as expressly provided for in the Agreement; or
(b) bring SurfStitch Pty Ltd or Promoter Associates into disrepute or make any disparaging comments about any them in relation to the Competition.
The winner and any guests must at all times behave appropriately and in accordance with the law when taking part in the Competition and observe these Conditions of Entry. If winner or any guest breaks any of these obligations, the Promoter reserves the right, in its sole discretion to eliminate the winner from the Competition and/or remove the winner and any guest from any location at which they are located when participating in the Competition and/or prize.
General rules of the Competition
The Promoter reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information.
The Promoter will not be responsible for any problems or technical malfunction of any online computer systems, servers or providers, computer equipment, software or failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or any mobile network.
Our liability to Entrants
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 State 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.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter Entities and Promoter Associates.(a) have no responsibility in relation to participation in the Competition or the preparation of an Entry and Entrants will bear all risks associated with their participation in the Competition. Further, Promoter and each Promoter Associate will have no liability to an Entrant whatsoever if an Entrant is prevented or unable to attend or take part in the Competition for any reason;
(b) maximum aggregate liability under or in relation to these Conditions of Entry or the Competition, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AU$20,000; and
(c) is not responsible for and excludes all liability (including negligence) for, and no measure of damages payable by SurfStitch Pty Ltd or any Promoter Associate will, under any circumstances, include:
(i) special, direct, indirect, consequential, incidental, special or punitive damages; or
(ii) damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
arising in any way out of:
(i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s or any Promoter Associate’s control);
(ii) any theft, un-authorised access or third party interference;
(iii) 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 or any Promoter Associate;
(iv) any variation in prize value to that stated in these Conditions of Entry;
(v) any tax liability incurred by a winner or Entrant; or
(vi) use of a prize.
Entrants’ liability to the Promoter
Without limiting any other rights the Promoter may have under these Conditions of Entry or otherwise, Entrants agree to defend, indemnify and hold the Promoter and the Promoter Associates and their respective officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including reasonable legal and accounting fees, arising in connection with:
(a) any breach by an Entrant of these Conditions of Entry;
(b) any negligent, fraudulent or unlawful act or omission by an Entrant; or
(c) the infringement or alleged infringement of a third party’s intellectual property rights, moral rights or other rights or breach of confidence arising directly or indirectly from the use of any material in accordance with these Conditions of Entry.
General matters
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) to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to the relevant regulatory authority approval.
Nothing in these Conditions of Entry is intended to, or will be construed as, creating a relationship of employer and employee, principal and agent, joint venture or partnership between an Entrant and SurfStitch Pty Ltd.
If any part of these Conditions of Entry is held to be invalid or unenforceable, only that part will be amended or severed to the extent of any invalidity without affecting the validity of the remaining provisions.
These Conditions of Entry are governed by the law in force in the State of Queensland, Australia, and any other relevant regulatory authorities and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia any other relevant regulatory authority and courts of appeal from them for determining any dispute concerning these Conditions of Entry.
Any provisions of these Conditions of Entry which by their nature survive termination or expiry of these Conditions of Entry will survive termination or expiry of these Conditions of Entry.
If a party does not act in relation to a breach by the other party of these Conditions of Entry, this does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
These Conditions of Entry constitute the entire agreement between the Promoter and an Entrant in relation to the Competition and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Promoter and an Entrant in relation to the Competition.
The words ‘including’, ‘such as’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
The Promoter may notify an Entrant via any of the contact details the Entrant supplies as part of their Entry. An email sent to Entrants will be regarded as given and received 24 hours after the email was sent, unless the Promoter receives notification that the email was not delivered.
The Promoter holds all agreements, covenants and undertakings expressed to be on behalf of any Promoter Associate on trust for that Promoter Associate.
Notwithstanding any other provision in these Terms and Conditions, the Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and any prize suppliers may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
SurfStitch Pty Limited (ABN 65141251443)
Australian Competitions Club
