"WIN A LONG WEEKEND IN WAIKIKI, HAWAII" 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. The Promoter is SurfStitch Pty Ltd (ABN 65 141 251 443) of 225 Burleigh Connection Road, Burleigh Heads QLD 4220.
3. Entry is only open to Australian residents aged 18 years or over and who are able to take the prize in accordance with clause 13 below, including, without limitation, having a valid passport and being able to travel to Hawaii from Sydney or Brisbane between 25/01/2020 and 29/01/2020 (if selected as a winner).
4. Employees (and their immediate families) of the Promoter 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.
5. Promotion commences on 19/12/2019 and final entries close at 11:59pm AEDST on 09/01/2020 ("Promotional Period").
6. To enter, individuals must undertake the following steps during the Promotional Period:
- Visit https://www.surfstitch.com;
- Follow the prompts to the promotion entry page and input the requested details including their full name, valid email address, gender and residential postcode;
- Provide an answer to the question "What is the first thing you'd do, once you get off the plane in Hawaii?" in 25 words or less;
- Submit the fully completed online entry form.
7. 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.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Only one (1) entry permitted per person.
10. 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.
11. The judging will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Road, Burleigh Heads QLD 4220 commencing on 10/01/2020. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winner will be notified by email. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question. The winner's name will be published on the Promoter's Facebook Page https://www.facebook.com/surfstitchaustralia from 17/01/2020.
12. The Promoter's decision is final and no correspondence will be entered into.
13. The best valid entry, as determined by the judges, will win a trip for two (2) people to Waikiki, Hawaii valued at up to AU$5,909.20 depending on point of departure. Prize includes:
- Two (2) x return economy airfares from either Sydney, NSW or Brisbane, QLD to Waikiki flying Hawaiian Airlines departing Sydney or Brisbane on 25/01/2020 and departing Honolulu, USA on 29/01/2020;
- Four (4) nights accommodation at the Outrigger Waikiki Beach Resort in a Partial Ocean View Room with Voyager Club 47 (check in on 25/01/2020 and check out on 29/01/2020); and
- Invitation to participate in Australia Day activities in Hawaii at the Outrigger Waikiki Beach Resort
Spending money, meals, taxes (excluding airline and airport taxes), 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. Prize must be taken to coincide with the Australia Day Activities event at the Outrigger Waikiki Beach Resort and is subject to booking and flight availability. 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 companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. 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.
14. 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.
15. If for any reason the winner does not take the prize (or part of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
16. 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.
17. Total prize pool value is up to AUD$5,909.20. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
18. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator's/creators' moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
19. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
20. 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.
21. 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.
22. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
23. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
24. 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) if the Australia Day Activities event at the Outrigger Waikiki Beach Resort event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; (g) use of the prize; or (h) participation in any Australia Day activities at the Outrigger Waikiki Beach Resort.
25. 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 a 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 beh