SurfStitch x URBNSURF Giveaway – Conditions of Entry
The promoter of the SurfStitch x URBNSURF Giveaway is SurfStitch Pty Limited (ABN 65 141 251 443) 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 0:00AM Australian Eastern Standard Time (AEST) on Wednesday 18th March 2020 and closes at 11:59PM AEST on Thursday 30th April 2020 (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.
2. Who is eligible to enter?
The SurfStitch x URBNSURF Giveaway is open to individuals (Eligible Persons) who:
a) are citizens or permanent residents of Australia;
b) have an Australian residential delivery address
c) 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 (including URBNSURF Group Pty Ltd and its subsidiaries (URBNSURF)). 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
d) 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 participate in this random draw, individuals (an Entrant) must take the following steps during the competition period 0:00AM Australian Eastern Standard Time (AEST) on Wednesday 18th March 2020 and closes at 11:59PM AEST on Thursday 30th April 2020 (Competition Entry Period).
The Entrant must enter via this URL: https://www.surfstitch.com/offers/win-the-ultimate-urbnsurf-experience.html. Here, customers will need to enter their name and email address confirm that they would like their entry into the competition.
The entrant must agree to have read the Terms & Conditions of entry, and agree to join the SurfStitch and URBNSURF databases to receive electronic communication, and for Surfstitch to share Entrant names and email addresses with URBNSURF for such purpose.
If an entrant does not have an existing log in account with www.surfstitch.com, they can create one by providing the below details:
Date Of Birth
By creating an account on www.surfstitch.com the entrant agrees to be added to the SurfStitch database to receive news and offers via email.
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.
4. Determination of Winners
The winner of the prize will be randomly selected. The random selection will be picked from a barrel of Entrants and skill plays no part in determining the winner 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 including URBNSURF) 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 02:00PM AEST on Friday 1st May, 2020. The prize draw will be announced on www.facebook.com/surfstitch at 03:00PM AEST –on Monday 4th May 2020.
The Major Prize Draw winner will be contacted 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 AEST on Friday 7th August 2020, the Second Chance Draw will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD on Monday 10th August, 2020 at 3:00PM AEST. The new winner will be contacted 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 3:00PM AEST on Wednesday 12th August 2020.
Details of the Major Prize are as follows for one person:
––––––––––––– 1 nights accommodation valued at $400 AUD.
––––––––––––– SurfStitch Gift Card valued at $1,500 AUD.
––––––––––––– Private session at URBNSURF wave pool for two valued at $1,250 AUD.
––––––––––––– Public sessions or lessons at URBNSURF wave pool for two valued at $158 AUD.
Conditions of accepting the prize for winner:
(a) Winner must be an Australian citizen or permanent
resident with an Australian residential shipping address, and
(b) winner must sign the Promoter–s:
1. deed of release in relation to the use of their names and images for promotional purposes; and
2. deed of indemnity and exclusion of liability.–
As of the 25th February 2020, the maximum Prize value for the Prize Package is AU$4,270.00. The Promoter accepts no responsibility for any variation in the Prize value.
SurfStitch Pty Ltd and all Prize Suppliers including URBNSURF do not take any responsibility for any injury or loss incurred by the winner in entering this Contest or in accepting or using their prize.
Accommodation and activities are all subject to availability dependent on dates selected.
The Grand Prize Winner will not receive any compensation if actual retail value of trip is less or greater than projected approximate retail value. 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 6 months of the winning announcement and if the winner is unable to travel within those dates an alternative winner will be selected. The Grand Prize Winner and guests must travel on same itinerary. 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 originate and terminate there.
In order to redeem the prize, prize winner and companion must be residents of Australia. 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 URBNSURF who will contact winner with instructions on how to claim prize.
All prize dates and flights must be confirmed by prize winner and travel companion with SurfStitch and URBNSURF by June 30th 2020. If the trip is not booked by the redemption period end date of 30th June 2020, 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 selected period, or the prize will be forfeited, subject to approval from relevant regulatory authorities. If a winner is unable to travel within their first preference travel period 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. URBNSURF 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.
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, according to relevant regulatory approval.
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.
6. Winner–s conduct
Winner must not:
(a) hold themselves out as or otherwise represent that they are an agent of SurfStitch Pty Ltd or URBNSURF or any supplier of the prizes or otherwise affiliated with any SurfStitch Pty Ltd or URBNSURF, or any supplier of the Prize (Promoter Associates) except as expressly provided for in the Agreement; or
(b) bring SurfStitch Pty Ltd or URBNSURF 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 including URBNSURF venues.
7. General rules of the Competition
The Promoter reserves the right, at any time, to invalidate any entries 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 (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 (including URBNSURF) (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
(including URBNSURF) will have no liability to an Entrant whatsoever if an
Entrant is prevented or unable to attend or take part in the Competition for
(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 (including URBNSURF) 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 (including URBNSURF) 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 (including URBNSURF);
(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.
9. Entrants– liability to the Promoter
any other rights the Promoter may have under these Conditions of Entry or
otherwise, Entrants agree to defend, indemnify and hold the Promoter, URBNSURF
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.
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, 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 (including URBNSURF) 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 URBNSURF, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and any prize suppliers including URBNSURF 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)