SPEND A SUMMER IN LUX Giveaway – Conditions of Entry

1. Introduction The Promoter of the SPEND A SUMMER IN LUX Giveaway is SurfStitch Pty Limited (ABN 65141251443) of 2769 Gold Coast Hwy, Broadbeach. QLD 4218 (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/blog/all/spend-a-summer-in-lux.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/. 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 SPEND A SUMMER IN LUX Giveaway is open to individuals (Eligible Persons) who: a) are citizens or permanent residents of Australia; b) are at least 18* years of age at the commencement of the Competition Entry Period; c) 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 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 enter the Competition, individuals (an Entrant) must take the following steps during the competition period (00:00 Australian Eastern Standard Time (AEST) Tuesday 1st December 2020 – 23:59 AEST Thursday 31st December, 2020): 1. The Entrant must make a purchase on https://www.surfstitch.com/ in the competition window and checkout using the Klarna payment option. 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 be stored and used by the Promoter in accordance with SurfStitch’s applicable Privacy Policy, which is available at https://www.surfstitch.com/privacy-policy/privacy-policy.html . 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 SurfStitch and Luxury Escapes 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 SurfStitch and Luxury Escapes will send you information by means such as email, SMS or voice calls for an indefinite period. If you are a new Klarna customer, Klarna will provide you targeted marketing and offers to you through its own channels, such as the Klarna website or the Klarna App. If you are an existing Klarna customer, Klarna will honour your current marketing preferences. See Klarna’s Privacy Policy for more. You also understand that you can tailor your communication preferences with us and that you can notify SurfStitch, Klarna and Luxury Escapes at any time that you no longer wish to receive marketing communications from it by using the contact details listed in its Privacy Policy 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 2769 Gold Coast Hwy, Broadbeach. QLD 4218 at 2:00 PM QLD Time on Tuesday 5th January, 2021. The prize draw will be announced on https://www.facebook.com/surfstitchaustralia/ on Wednesday 6th January, 2021. 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 6th April, 2021 a re-draw will take place at SurfStitch Pty Limited, 2769 Gold Coast Hwy, Broadbeach. QLD 4218 on 7th April 2021 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 8th April 2021. 5. Prizes Entry for the Competition opens at (00:00 Australian Eastern Standard Time (AEST) Tuesday 1st December 2020 and concludes 23:59 AEST Thursday 31st December, 2020: Grand Prize details: 1 x $5,000 Luxury Escapes Gift Card As at 10th November 2020 the maximum Prize value for the Prize Package is AUD $5,000. The Promoter accepts no responsibility for any variation in the Prize value. Prize Conditions The Grand Prize is not transferable, not redeemable for cash, not for re-sale and will be awarded to the confirmed winner only. The prize must be claimed within 3 months of winning announcement (by the 6th of April 2021). The prize will be sent to the winner by email as an e-Gift Card. Redemption of the Luxury Escapes gift card is subject to gift card terms and conditions and will be valid for 3 years from the issue date. All purchases made with the gift card are subject to Luxury Escapes’ terms and conditions. 6. 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 or any supplier of the prizes or otherwise affiliated with SurfStitch, Klarna, Luxury Escapes or any supplier of the Prize (Promoter Associates) except as expressly provided for in the Agreement; or (b) 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. 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; (a) 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 (b) 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: (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. (a) 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. 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: (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. (d) 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: (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 or any prize supplier. 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)