WIN A TRIP TO THE TROPICS
Return airfares to Indonesia
Return air transfers to the Telo Islands
7 nights' all-inclusive oceanfront accommodation at Resort Latitude Zero
Daily guided boat trips throughout the Telo Island chain
Resort marine facilities including fishing, snorkeling, local canoes and unlimited speedboat trips
2 x Hurley Summer Clothing Packs
Resort Latitude Zero X Hurley X SurfStitch Competition “Win A Trip To The Tropics” – Conditions of Entry
The Promoter of the Resort Latitude Zero X Hurley X SurfStitch Competition (Win A Trip To The Tropics) 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.
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 https://www.surfstitch.com/offers/win-a-trip-to-the-tropics.html
(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 https://www.surfstitch.com/offers/win-a-trip-to-the-tropics.html
. 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.
2. Who is eligible to enter?
The Resort Latitude Zero X Hurley X SurfStitch Competition is open to individuals (Eligible Persons) who:
are citizens or permanent residents of Australia or New Zealand;
are at least 18* years of age at the commencement of the Competition Entry Period;
hold a valid passport (with at least six months’ validity at time of departure) and are not barred from entry into Indonesia,
hold or are able to obtain before the travel period a valid visa granting them access to Indonesia,
are not (and none of their immediate family or people they are living with are) employees, officers, directors or agents of SurfStitch 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.
3. How to Enter
In order to enter the Competition, individuals (an Entrant) must take the following steps during the competition period (00:00 Australian Eastern Standard Time (AEST) Saturday 1st June, 2019 – 23:59 AEST Friday 12th July, 2019):
The Entrant must enter via this URL: https://www.surfstitch.com/offers/win-a-trip-to-the-tropics.html
. The Entrant will need to enter their first and last name as well as their email address, gender, phone number, date of birth and state of residence.
The entrant must agree to have read the Terms & Conditions of entry, and agree to join the SurfStitch and Resort Latitude Zero X Hurley databases to receive electronic communication.
To complete their entry, the Entrant will need to click “Continue”. After completing their entry, the entrant will be taken to another tab where he/she can gain more entries by entering with Facebook, by entering with Instagram and by entering with Twitter. Additional entries can be gained by visiting the Instagram pages of Resort Latitude Zero, Hurley and SurfStitch.
The entrant can gain extra entries by sharing the competition with their friends via Email, Facebook, Twitter, Google+ or LinkedIn. Each time the Entrant shares the competition and a friend enters using the Entrant’s shared link, they will receive an additional entry into the competition.
The Promoter reserves the right, at any time, to disqualify any Entrant who submits 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 also be stored and used by all suppliers of prizes in accordance with the applicable supplier privacy policies. 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.
By entering into the competition, you agree to Resort Latitude Zero, Hurley and SurfStitch sending you exciting offers and information about specials, promotions, competitions and the products and services of the brands they represent. You agree that you understand that Resort Latitude Zero, Hurley and SurfStitch will send you information by means such as email, SMS or voice calls for an indefinite period. You also understand that you can tailor your communication preferences with us and that you can notify Resort Latitude Zero, Hurley and SurfStitch at any time that you no longer wish to receive marketing communications by using the contact details listed in their Privacy Policies or by using the opt-out facilities provided in the marketing communications or on our websites.
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.
4. Determination of Winners
The winner of the prize will be randomly selected. The random selection will be barrel drawn and skill plays no part in determining the winner of this promotion.
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/votes submitted by that Entrant invalid.
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, subject to relevant regulatory approval. Prizes are not transferable or exchangeable and, except as substituted by the Promoter, cannot be taken in any other form, including cash.
The prize draw will take place at SurfStitch Pty Limited, 225 Burleigh Connection Road, Burleigh Waters, QLD 4220 at 2:00 PM QLD Time on Monday 15th July, 2019. The prize draw will be announced on https://www.facebook.com/surfstitchaustralia/
on Thursday 18th July, 2019.
The 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 2:00PM QLD time on the 15th October, 2019 a re-draw will take place at SurfStitch Pty Limited, 225 Burleigh Connection Road, Burleigh Waters, QLD 4220 on 15th August 2019 at 3:00PM QLD time. 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 https://www.facebook.com/surfstitchaustralia/
on 17th October 2019.
Entry for the Competition opens at Australian Eastern Standard Time (AEST) 00:00 AM Saturday 1st June 2019 and closes at AEST 11:59 PM Friday 12th July, 2019.
Grand Prize must be redeemed between 15th October 2019 – 15th March 2020. Prize is for two (2) adults, both of which must be 18 years of age or older. Prize includes:
Round-trip coach air transportation for two (2) people, from the major Australian or New Zealand city airport nearest to the Grand Prize winner’s residence (Sponsor’s choice) to Padang, Indonesia valued at $2,000.
Round-trip chartered internal air transfers between Sumatra mainland (Padang) and Telo valued at $1000. If air transport is unavailable for any reason, the transfer will be via sea.
Seven (7) nights’ accommodation in a Private Beachfront Bungalow based on dual occupancy at Resort Latitude Zero valued at $5,760.
Includes speedboat transfers to/from Resort Latitude Zero and Telo.
Includes use of all resort marine facilities including fishing, snorkeling, local canoes, unlimited speedboat, etc.
Includes daily boat trips throughout the island chain.
Includes all meals, snacks, drinking water, juices, tea and coffee.
Two (2) x Hurley Summer Packs, valued at $1,000
As at March 13th 2019 maximum Prize value for the Prize Package is AUD $9,760. The Promoter accepts no responsibility for any variation in the Prize value.
Accommodation, flights and activities are all subject to availability dependent on dates selected and time of booking. Booking dates must be approved at the sole discretion of the prize suppliers and Promoter. Prize cannot be redeemed during any of the following blackout periods: 19th – 26th October 2019 and 2nd – 9th November 2019.
The Grand Prize Winner will not receive any compensation if actual retail value of trip is less than projected approximate retail value. Resort Latitude Zero, Hurley and SurfStitch reserves the right to substitute the Grand Prize in whole or in part in the event that all or any component of the Grand Prize is unavailable, with a Grand Prize or Grand Prize component of equal or greater retail value, subject to relevant regulatory approval. The Grand Prize is not transferable, not redeemable for cash, not for re-sale and will be awarded to the confirmed winner only. The Grand Prize Winner and guest must travel on same itinerary. All prizing must be redeemed between: 15th October 2019 – 15th March 2020, and if the winner is unable to travel within those dates an alternative winner will be selected. No monetary compensation will be offered for if less than two (2) adults travel. All expenses not specified in these Official Rules, including without limitation, meals, taxes, gratuities, incidentals and other expenses, are the Grand Prize Winner’s (and guests) sole responsibility. Activities are subject to availability, operating times and weather conditions. Prize winner and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point as the Prize originates and terminates there.
In order to redeem the prize, prize winner and companion must be residents of Australia or New Zealandand with at least six (6) months validity on each of their respective passports. Both must be 18 years or over of age.
Once the winner has confirmed acceptance of their prize in a reply email, SurfStitch will notify Resort Latitude Zero and Hurley who will contact winner with instructions on how to claim prize and book their trip. The winner will then liaise with SurfStitch to have their flights booked.
All prize dates and flights must be confirmed by prize winner and travel companion with Resort Latitude Zero at least 60 days prior to the start date of the travel. If the winner cannot travel or redeem the prize during the prize redemption period, the prize will be forfeited, and no replacement prize will be provided.
In the event that for any reason a prize winner does not book the whole part of a prize within the time stipulated by the Promoter, then that part of the prize will be forfeited by the prize winner. Neither cash nor other form of compensation will be supplied in lieu of the forfeited whole or part of the prize.
Accommodation and activities are all subject to availability dependent on dates selected. The Prize must be taken in full during the period 15th October 2019 – 15th March 2020, or the prize will be forfeited, subject to approval from relevant regulatory authorities. If a winner is unable to travel within the period 15th October 2019 to 15th March 2020 then an alternative winner will be selected.
The Grand Prize Winner and guest must travel on same itinerary for the entirety of the prize. Any alterations to confirmed booking and flight details will be at the expense of the winner. Should any amendments need to be made to confirmed flights due to unforeseen circumstances or otherwise, these changes will be made at the cost of the prize winner in line with their Travel insurance provider. Flights can only be used in conjunction with the trip prize.
The Grand Prize Winner will not receive any compensation if actual retail value of trip is less than projected approximate retail value. Resort Latitude Zero, Hurley and SurfStitch reserve the right to substitute the Grand Prize in whole or in part in the event that all or any component of the Grand Prize is unavailable, with a Grand Prize or Grand Prize component of equal or greater retail value, subject to relevant regulatory approval. The Grand Prize is not transferable, not redeemable for cash, not for re-sale and will be awarded to the confirmed winner only. All prizes are subject to availability at the time of booking as well as weather conditions and may be limited, particularly on weekends and statutory holidays. Flight carrier and times will be booked at the Promoter’s discretion and airline or status credits do not apply to these tickets.
The prize offered is subject to normal booking terms and conditions. Cancellation and change fees apply.
No monetary compensation will be offered for if less than two (2) adults travel. All expenses not specified in these Terms & Conditions, including without limitation, meals, taxes, gratuities, spending money, items of a personal nature, inoculations, in-room charges, incidentals (such as phone, internet, laundry etc.), any expenses related to visas, travel insurance, pre- and post-travel arrangements, airport transfers, and other expenses, are the Grand Prize Winner’s (and guests) sole responsibility. Activities are subject to availability, operating times and weather conditions. Prize winner and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point as the Prize originates and terminates there.
Once booked, changes are not permitted. All flight bookings must be held and confirmed by the airline.
Resort Latitude Zero requires comprehensive travel insurance be taken out at the prize winners expense. Travel insurance must provide coverage for medical expenses, medical evacuation, compensation for any lost trip days due to circumstances such as delayed International, Domestic and scheduled transfer flights, natural disasters, severe weather conditions and political unrest etc. Travel insurances must also cover personal accident, personal baggage, gear, money and public liability before departure. Insurance details need to be provided to Resort Latitude Zero 14 days before first departure date. Any incidents or issues that occur while travelling which result in the need of the travellers to make claims on their insurance is at the travellers own discretion and action. Resort Latitude Zero will take no responsibility for insurance claims related to travel on trips.
This prize flight tickets must be taken as offered and cannot be sold, bartered or exchanged for cash. Once the tickets are issued changes are not permitted. In the event of a no-show, tickets may not be changed or reissued. Bookings to be held and confirmed are subject to availability. It will remain the responsibility of the winner and their travelling companion to ensure they hold valid passports and visas for travel to Indonesia.
Flights are subject to the fare rules and General Conditions of the carrier airline. 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 and The Partners are 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. All ticketing is electronic and paper tickets will not be issued.
Flights are from the major Australian or New Zealand city nearest to the winners residence (sponsors choice). The winner and guest will need to make and pay for their own way to the departure point. The winner and their guest must depart from and return to the same departure point and travel together. Airport transfers are not included for the outbound flights from Australia or New Zealand.
Notwithstanding the above, SurfStitch, Resort Latitude Zero and Hurley reserve 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, subject to relevant regulatory approval.
Any extension to the duration of the Prize is at the Winner's sole expense and subject to availability at the time of booking.
Final itineraries must be confirmed as acceptable by the Promoter in its absolute discretion.
Winners may be required to present their credit card at time of accommodation check in for security purposes.
Prizes are subject to the standard terms and conditions of individual prize and service providers.
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.
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.
The promoter reserves the right to announce or publish the winner’s name and/or photograph for publicity purposes.
The Winner and any guest must, as a condition of accepting the prize:
make themselves available during the dates outlined in these Conditions of Entry;
be willing and able to travel to the location outlined in these Conditions of Entry;
purchase travel insurance that provides total cover and full medical evacuation;
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
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.
6. Winner and any companion conduct
Winner and any guest must not:
hold themselves out as or otherwise represent that they are an agent of SurfStitch or any supplier of the prizes or otherwise affiliated with SurfStitch, Resort Latitude Zero or Hurley or any supplier of the Prize (Promoter Associates) except as expressly provided for in the Agreement; or
bring SurfStitch or Promoter Associates into disrepute or make any disparaging comments about any of 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.
7. 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.
8. 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 (and its Prize and Competition Suppliers) [including all 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 and prize.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its Prize and Competition suppliers (and any related entities), 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;
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
is not responsible for and excludes all liability (including negligence) for, and no measure of damages payable by SurfStitch or any Promoter Associate will, under any circumstances, include:
special, direct, indirect, consequential, incidental, special or punitive damages; or
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:
any technical difficulties or equipment malfunction (whether or not under the Promoter’s or any Promoter Associate’s control);
any theft, un-authorised access or third party interference;
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;
any variation in prize value to that stated in these Conditions of Entry;
any tax liability incurred by a winner or Entrant; or
use of a prize.
9. 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:
any breach by an Entrant of these Conditions of Entry;
any negligent, fraudulent or unlawful act or omission by an Entrant; or
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.
use of a prize
10. 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, un-authorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
to disqualify any entrant; or
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 or any prize supplier ( & Resort Latitude Zero X Hurley).
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)
NSW Permit: LTPS/19/34486
SA Permit: T19/721
ACT Permit: ACT TP 19/03298
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.