Conditions of Entry
1. The entrant agrees and acknowledges that they have read these conditions of entry and
that entry into the promotion is deemed to be acceptance of these conditions of entry.
Conditions of Entry
1. The entrant agrees and acknowledges that they have read these conditions of entry and
that entry into the promotion is deemed to be acceptance of these conditions of entry.
2. The promotion commences on the start date and ends on the end date ("promotional
period"). Entries are deemed to be received at the time of receipt by the promoter and
not at the time of transmission or deposit by the entrant. Records of the promoter and
its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the promotional period.
4. Employees (and the immediate family members) of agencies/companies directly
associated with the conduct of this promotion, the promoter, its distributors, suppliers,
subsidiary companies/businesses and associated companies and agencies are not
eligible to enter. "Immediate family member" means any of the following: spouse, exspouse, 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. Winner selection
a) Winner selection will take place at Seafolly Australia, Building 3 & 4 The Mill, 41-43
Bourke Rd, Alexandra, NSW, 2015, Australia at 12:00 pm AEST on 11/05/22.
b) The winner will be chosen based on the response to the game of skill question
entered by the entrant on the competition entry page. The responses to the game of
skill question ‘Explain in 25 words or less your favourite memory with your mum or
a loved one’ is judged by the promoter (Seafolly Australia).
c) The first valid entry chosen will be the winner of the prize specified in the schedule
above.
d) If winner selection is scheduled on the weekend or a public holiday, the selection
will be conducted at the same time and location on the following business day. The
promoter will ensure each selection is open for public scrutiny and anyone may
witness the selection on request.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to), or does not take or claim
a prize by the time specified by the promoter, or is unavailable at the designated time
for the event or at the time stipulated by the promoter for travel, they forfeit the prize
and the promoter is not obliged to substitute the prize.
8. Entry and continued participation in the promotion is dependent on the entrant following
and acting in accordance with the conditions of entry.
9. The value of the prizes is accurate and based upon the recommended retail value of
the prizes (inclusive of GST) at the date of printing. The promoter accepts no
responsibility for any variation in the value of the prizes after that date.
10. If a prize (or portion of a prize) is unavailable the promoter reserves the right to
substitute the prize (or that portion of the prize) to a prize of equal or greater value
and/or specification, subject to any written directions of a regulatory authority.
11. No entry fee is charged by the promoter to enter the promotion. Where entry is allowed
online, there is no additional cost to enter the promotion other than any cost paid by
the entrant to access the website or social media platform of entry via their Internet
service provider.
12. If there is a dispute as to the identity of an entrant or winner, the promoter reserves the
right, in its sole discretion, to determine the identity of the entrant or winner.
13. Entrants' personal information will be collected by the promoter. Personal information will
be stored on the promoter's database. The promoter may use this information for future
marketing purposes regarding its products, including contacting the entrant electronically.
The promoter is bound by the Australian Privacy Principles in accordance with the
Privacy Act 1988 (Cth) and its privacy policy. The Promoter's privacy policy contains
information about how the entrant may access, update and seek correction of the
personal information the promoter holds about them and how the entrant may complain
about any potential breach by the promoter of the Australian Privacy Principles or any
other Australian privacy laws and how such complaints will be dealt with. The promoter
collects personal information about entrants to enable them to participate in this
promotion and may disclose the entrants' personal information to third parties including
its contractors and agents, prize suppliers and service providers to assist in conducting
this Promotion and to the State and Territory lottery departments as required under the
relevant lottery legislation. If the entrant does not provide their personal information as
requested, they may be ineligible to enter or claim a prize in the promotion. Personal
information collected from entrants will not be disclosed to any entity located outside of
Australia.
14. If this promotion is hosted, administered, or operated on a third party platform, including
without limitation to Instagram, Facebook, Google or Form Assembly then by
participating in this promotion, entrants hereby release and agree to comply with all
rules and policies set forth by such Third Party Platform and to hold harmless such third
party platform from any and all liability, loss or damages arising from or in connection
with the awarding, receipt, and/or use or misuse of prizes or participation in any prize
related activities. Unless otherwise stated to the contrary in these Official Rules, this
Sweepstakes is not sponsored, endorsed or administered by, or associated with, any
third party platform.
15. It is a condition of accepting the prize that a winner and their travel companion may be
required to sign a legal release as determined by the promoter in its absolute discretion,
prior to receiving a prize. If a winner or travel companion is under the age of 18, a
nominated parent or legal guardian of the winner or travel companion will be required to
sign the legal release on the winner or travel companion's behalf.
16. If a prize is provided to the promoter by a third party, the prize is subject to the terms
and conditions of the third party prize supplier and the provision of the prize is the sole
responsibility of the third party and not the promoter. The terms and conditions which
apply to the prize at the time it is issued to the winner will prevail over these conditions
of entry, to the extent of any inconsistency. The promoter accepts no responsibility or
liability for any delay or failure by the third party to deliver the prize, any delay or
failure relating to the prize itself or failure by the third party to meet any of its
obligations in these conditions of entry or otherwise.
17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and
warranties and nothing in these conditions of entry restricts, excludes or modifies or
purports to restrict, exclude or modify any statutory consumer rights under any
applicable law including the Competition and Consumer Act 2010 (Cth).
18. If for any reason any aspect of this promotion is not capable of running as planned,
including by reason of computer virus, communications network failure, bugs, tampering,
unauthorised intervention, fraud, technical failure or any cause beyond the control of the
promoter, the promoter may in its sole discretion cancel, terminate, modify suspend the
promotion and invalidate any affected entries, or suspend or modify a prize, subject to
State or Territory regulation.
19. The promoter reserves the right, at any time, to validate and check the authenticity of
entries and entrant's details (including an entrant's identity, age and place of residence).
In the event that a winner cannot provide suitable proof as required by the Promoter to
validate their entry, the winner will forfeit the prize in whole and no substitute will be
offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as
applicable, will at the promoter's discretion be deemed invalid and not eligible to win.
Entries containing offensive or defamatory comments, or which breach any law or
infringe any third party rights, including intellectual property rights, are not eligible to win.
The use of any automated entry software or any other mechanical or electronic means
that allows an individual to automatically enter repeatedly is prohibited and may render
all entries submitted by that individual invalid.
20. The promoter reserves the right to disqualify entries in the event of non-compliance with
these conditions of entry. In the event that there is a dispute concerning the conduct of
the promotion, the decision of the Promoter is final and binding on each entrant and no
correspondence will be entered into.
21. The promoter and its associated agencies and companies will not be liable for any loss
(including, without limitation, indirect, special or consequential loss or loss of profits),
expense, damage, personal injury or death which is suffered or sustained (whether or
not arising from any person's negligence or wilful misconduct) in connection with this
promotion or accepting or using any prize (or recommendation), except for any liability
which cannot be excluded by law (in which case that liability is limited to the minimum
allowable by law).
22. Unless otherwise specified, a prize is a single event for the winner (and their guest) and
cannot be separated into separate events or components.
23. The promoter accepts no responsibility for any tax implications and the entrant must
seek their own independent financial advice in regards to the tax implications relating to
the prize or acceptance of the prize.
24. Failure by the promoter to enforce any of its rights at any stage does not constitute a
waiver of these rights.
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