https://www.billabong.com.au/customer-help/promotions.htmlWIN 1 OF 2 TRIPS TO HAWAII WITH SEA CLEANERS AND BILLABONG COMPETITION
Official Rules
1. Ug Manufacturing Co Pty Ltd ABN 63 005 047 941 of 5 Billabong Place, Burleigh Waters QLD, Australia 4220 (“the “Promoter”) is conducting a competition offering participants the chance to win the “1 OF 2 TRIPS TO HAWAII WITH SEA CLEANERS AND BILLABONG“(“Competition”).
2. This Competition is conducted by the Promoter, with the participation of The Walshe Group PTY LTD ABN 66 054 651 124 of Level 5, 117 York Street, Sydney 2000 (“Hawaiian Tourism”).
3. By entering and/or participating in the Competition, you agree to the following Terms and Conditions.
4. Instructions, prizes and information on how to enter form part of these Terms and Conditions.
5. All entries must comply with these Terms and Conditions to be valid.
Competition Timing
6. The Competition begins at 12.01am AEST on 1 August 2023 and ends at 11.59pm AEST on 22 August 2023 (“Competition Period”). The timeliness of any action or inaction relating to the Competition will be determined in the Promoter’s sole discretion.
Eligibility
7. Entry is open to residents of Australia and New Zealand who are aged eighteen (18) and older who follow the entry steps in these Terms and Conditions (“Entrants”). Entrants are required to provide personally identifiable information to the Promoter. The Promoter does not knowingly collect personally identifiable information from persons under the age of eighteen (18). Such persons are not permitted to enter and Competition and are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us.
8. Employees of the Promoter and Hawaiian Tourism and their respective subsidiaries, affiliates, officers, agents and the immediate family members of each are not eligible to participate in the Competition.
9. Proof of identity must be furnished upon request.
Entry
10. To enter the Competition, Entrants must:
a) Visit
https://www.billabong.com.au/mens-contest-2/ directly
b) and via social media and online advertising (“Entry”).
c) after seeing a sponsored post on Facebook by the Promoter, Hawaiian Tourism advertising the Competition, tap/click on that sponsored post; or
d) scan the QR code on advertising for the Competition ("Stores"),
to locate the entry page and fill out and submit the online entry form, including by signing up to the mailing lists of the Promoter, Hawaiian Tourism, answering in 25 words or less "How are you currently managing plastic pollution in your local area?” and by providing all requested information (“Entry”).
11. Each Entrant may only submit one Entry into the Competition.
12. The Promoter is not responsible if an Entrant's mobile device/desktop is not sufficiently capable for the purpose of submitting an Entry.
13. Entries must be received during the Competition Period and will be deemed to be received only when received by the Promoter. The Promoter is not liable for any problems with communications networks. Entrants are responsible for their own costs associated with entering. Entrants using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, may be disqualified.
14. Every Entry, including the “25 words or less” statement, must be your original work and not copied.
15. The Promoter may copy and amend your Entry (including the “25 words or less” statement) and may use (or allow others to use) your Entry and any rights in relation to your Entry, to publicise this Competition or for any other purpose. These rights are perpetual, royalty free, world-wide, irrevocable and transferable. For example, the Promoter may publish all or any part of your Entry or any amended version of it. The Promoter may also decide not to publish an Entry, to cease publication of an Entry, or to publish an edited Entry.
16. You warrant that your Entry does not breach any third party rights (for example, intellectual property rights) and its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law). Your Entry must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it must not include language the Promoter deems offensive).
Winner Determination
17. This is a game of skill. A judging panel appointed by the Promoter will review each valid Entry and will judge the entries based on creativity and originality to determine the two (2) winners. Chance plays no part in how the winner will be selected.
18. The valid Entry judged to be the best will be awarded the prize following winner validation and verification (“Winners”). All judging decisions are as determined by the Promoter, in their absolute discretion.
19. The Promoter may judge additional reserve entries and record them in order, in case the winning Entry/Entrant is deemed invalid or the prize is unclaimed ("Reserve Entrants").
20. The Two (2) Winners will each win an event consisting of the following prize components:
a) Up to $2,500AUD for standard economy Flights from the Winner’s closest capital city;
b) Up to $3,000AUD Accommodation
c) Up to $1,500AUD Food and Drink
d) Up to $1,000AUD Extras (transport etc.)
(“Prize”). The total value of the Prize is up to $16,000AUD ($8,000AUD each winner).
21. All flights, accommodation, food and experiences will be booked and paid for by Hawaiian Tourism prior to departure. The flights, accommodation, food and experiences booked will be up to the value specified and at the election of the Promoter and Hawaii Tourism.
22. The Winner will be notified via phone and email on the 23 August 2023. The name of the Winner will also be published at
www.billabong.com.au from 24 August 2023. All reasonable efforts will be taken to contact the Winner. The Promoter takes no responsibility for unread, undelivered or incorrectly provided email information.
23. Once the Winner has been verified, the Winner must provide a valid telephone number and mailing address. Entrants agree to comply with the Promoter's reasonable instruction and direction to claim, and when claiming, the Prize.
24. The winners must be available to travel between the 12th and 20th of September, unless due to any reason beyond the Promoter’s control (i.e. COVID-19 restrictions). Winners must also arrange and have any necessary entry requirements into the United States.
Unclaimed prize
25. If the Prize has not been accepted or claimed or if, after making all reasonable attempts, the Winner cannot be contacted and the Prize remains unclaimed at 5.00pm (AEST) on 25th August 2023, the Winner will be deemed to have forfeited the Prize and will have no claim to the Prize. The Promoter will re-award the Prize to a Reserve Entrant who submitted the next best valid Entry.
26. Any such Winner will be notified by email and telephone and will also have their name published at billabong.com.au from 28th August 2023.
27. The process outlined in clauses 25 and 26 will be repeated until a Winner is contacted and accepts the Prize within the timeframe specified by the Promoter.
Conditions
28. Entrants and participants in the Competition are responsible for ensuring their familiarity with the Terms and Conditions at the time of participation. The Promoter's decision not to enforce its rights or any specific restriction (whether communicated to an entrant or not) does not constitute a waiver of those rights, restrictions or of the Terms and Conditions generally.
29. The Prize and all elements of the Prize must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. The Prize is subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including, as relevant:
(a) booking and availability
(b) entry into any event venues (including behaviour requirements, COVID safety requirements and applicable dress codes); and
(c) any additional fees (payable by the Winner) relating to changes made by the Winner to the Prize after it has been booked.
30. The Winner/s are responsible for all other unspecified costs related to the Prize, including meals and drink (outside of the Prize), travel insurance, transport, costs associated with ongoing use of any parts of the Prize, etc. The Promoter does not control entry to the relevant event location.
31. As a condition of accepting the Prize, the Winner may be required to sign a legal document in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity. If the Winner does not sign any such document, their entry will be deemed invalid and they will lose any entitlement to the Prize.
32. The Promoter is not responsible for any dispute between the Winner and any person with whom they choose to, or choose not to, share the Prize.
33. Any failure by the Winner or (if applicable) their Guests to comply with the conditions imposed by the Prize supplier(s) may result in the Prize being cancelled or withdrawn without liability for the Promoter or the Prize supplier(s).
34. Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves the absolute right to disqualify any Entrant from the Competition if any entries do not comply with these Terms and Conditions.
35. The Winner/s must comply with any applicable conditions (e.g. height, weight, health and fitness requirements). The Winner/s Guests must follow all requirements of the people responsible for managing the relevant activity/ies.
36. The Promoter's decision in relation to these Terms and Conditions and the Competition is final and binding. No correspondence will be entered into.
37. The Promoter is not liable for Entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
38. A request by an Entrant to modify any information provided should be directed to the Promoter.
39. The Prize is not transferable or exchangeable nor can it be redeemed for cash. Without limiting any other term of these Terms and Conditions, the Prize (and elements of the Prize) must be taken as and when specified, or will be forfeited with no replacement. The Prize value is correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in the Prize value.
40. If the Prize or any element of the Prize becomes unavailable for any reason beyond the Promoter’s control, or insurance is unable to be obtained for the Prize Event or other issue of a similar nature (i.e. licenses or permits unable to be obtained), then a similar prize of equal or greater value will be awarded to the Winner in lieu. Without limiting the foregoing, the Promoter may, at their absolute discretion, substitute cash for the Prize or any component of the Prize (the amount of cash being equal to the Prize, or component of the Prize, value specified in these Terms and Conditions).
41. Any tax liability arising because of accepting the prize is the Winner’s responsibility. If for GST purposes this Competition results in any supply being made for non-monetary consideration, the Winner must 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.
42. All Prize advertisements depicting or describing the prizes and trade mark references are illustrative rather than depictive and do not imply an association with the Promoter.
43. Entrants consent to the use of their names, likeness or image by the Promoter if they are the winner of the Prize for an unlimited period of time without remuneration. Entrants agree to comply with any reasonable direction of the Promoter in this regard.
44. If for any reason any aspect of this Competition 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, unauthorized intervention, fraud, technical failures, pandemic or any cause beyond the control of the Promoter, the Promoter may in their sole discretion cancel, terminate, modify or suspend the Competition, or invalidate any affected entries.
45. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations.
46. The Promoter reserves the right, at any time, to verify the validity of 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 law or any of these Terms and Conditions, tampered with the entry process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the entry process) or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition, does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Competition. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
47. The Promoter reserves the right to cancel or amend the Competition and these terms and conditions for any reason.
48. Any rude, defamatory, offensive, illegal, incomprehensible, incorrect or incomplete entries or nominations (all of which will be at the absolute discretion of the Promoter), or which breach any law or infringe on third-party rights, including intellectual property rights will be invalid and may be removed by the Promoter.
49. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents), excludes all liability (including negligence), for any personal injury or any loss or damage (including, without limitation, indirect, special or consequential loss or loss of profits), which is suffered or sustained 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). Before claiming the Prize, the Winner will also be required to enter into a customary deed of release on terms provided by the Promoter and Hawaii Tourism.
50. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this Competition are not liable for any loss of, damage to or delay in delivery of the Prize. Unless otherwise specified, the Prize can only take place in Australia.
51. By entering this Competition, Entrants consent to the storage of their personal information on the databases of the Promoter and Hawaiian Tourism and their related bodies corporate. If you are a Winner, the Promoter will use your personal information to conduct and manage the Competition. The Promoter may disclose your personal information to its related bodies corporate to assist in conducting this Competition, communicating with you/your Guests or storing data. This may include disclosures outside Australia, including in places such as the USA and France. By entering, an Entrant consents to receive email or SMS messages from the Promoter without any functional unsubscribe facility if they relate primarily to the conduct of this Competition.
52. By entering this Competition, Entrants consent to the Promoter and Hawaiian Tourism using their personal information for future promotional and marketing purposes, including contacting Entrants electronically via the contact details provided by the Entrant.
53. Without limiting the foregoing, Entrants’ personal information provided in connection with this Competition will be handled in accordance with the following Privacy Policies (as relevant), which can be viewed at:
(i) The Promoter:
www.sds.com.au/privacy-policy; and
(ii) Hawaiian Tourism:
https://www.gohawaii.com/privacy-policy 54. This Competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. Entrants provide their information to the Promoter and not to any social media platform. Entrants completely release any relevant social media platforms from any and all liability.
Australian Competitions Club
