2. Who is eligible to enter?

Question

Accepted Answer

The SurfStitch Competition &ldquo;DO YOU EVEN SUMMER ULTIMATE PRIZE PACK&rdquo; is open to individuals (Eligible Persons) who:a)     are citizens or permanent residents of Australia;b)    have an Australian residential delivery address;c)     are at least 18 years of age at the commencement of the Competition Entry Period;d)    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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) Sunday 19th November, 2017 &ndash; 11:59 AEST Tuesday 2nd January, 2018):1.     The Entrant must enter via this URL: https://www.surfstitch.com/offers/do-you-even-summer-ultimate-prize-pack.html . The Entrant will need to enter their first and last name as well as their email address and gender. They will need to agree to the Terms and Conditions, and agree to join the SurfStitch email database.2.     To complete their entry, the Entrant will need to click &ldquo;Continue&rdquo; where he/she will be taken to another tab, which will allow the Entrant to gain more entries by sharing the competition with their friends, by entering via Facebook, and by entering via Instagram.3.     Each time the Entrant shares the SurfStitch Competition &ldquo;DO YOU EVEN SUMMER ULTIMATE PRIZE PACK&rdquo; and a friend enters using the Entrant&rsquo;s shared link, they will receive an additional entry into the competition.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 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&rsquo;s and/or the Agent&rsquo;s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.Entrants acknowledge that their personal details will be stored and used by the Promoter in accordance with SurfStitch&rsquo;s applicable Privacy Policy, which is available at https://www.surfstitch.com/privacy-policy/privacy-policy.html .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. 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&rsquo;s and/or companion&rsquo;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. 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 608 Harris Street, Ultimo, NSW 2007 at 2:00 PM QLD Time on Wednesday 3rd January 2018. The prize draw will be announced on https://www.facebook.com/surfstitchaustralia/ on Thursday 4th January, 2018.The 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 QLD time on the 3rd April, 2018 a re-draw will take place at 608 Harris Street, Ultimo, NSW 2007 on 3rd April, 2018 at 2:00PM QLD time. 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 https://www.facebook.com/surfstitchaustralia/ on 4th April, 2018.5. PrizesEntry for the Competition opens at 00:00 Australian Eastern Standard Time (AEST) Sunday 19th November, 2017 and closes at 11:59 AEST Tuesday 2nd January, 2018.Details of the Prizes are as follows:The first valid entry drawn will win the &ldquo;DO YOU EVEN SUMMER ULTIMATE PRIZE PACK&rdquo;. The summer prize pack is valued at $12,664.93 AUD.The prize pack includes:&middot;         1 x Luxe Pinapple Lie On Float valued at $79.95&middot;         1 x Luxe Rose Gold Flamingo Inflatable valued at $99.95&middot;         1 x Luxe Unicorn Inflatable valued at $99.95&middot;         1 x Flamingo Inflatable Drink Holder valued at $24.95&middot;         1 x Lakota Round Towel valued at $109.99&middot;         1 x Black Hills Towel valued at $45.99&middot;         1 x Nazare Womens Round Towel valued at $79.99&middot;         1 x Amala Square Towel valued at $69.99&middot;         1 x Babylon Beach Towel valued at $49.99&middot;         1 x SWELL Towel valued at $49.99&middot;         1 x Suka Bloom Cooler Bag valued at $49.99&middot;         1 x Transit 110L Travel Bags valued at $249.99&middot;         1 x Tapestry Travel Tote valued at 69.99&middot;         1 x Session Duffle Bag valued at $59.99&middot;         1 x Flight Global Chicama 100L Travel Bag valued at $249.99&middot;         1 x Tapestry Make Up Bag valued at $39.99&middot;         1 x Cooler Bag valued at $29.99&middot;         1 x Get Together Mini Speaker valued at $199.95&middot;         1 x Hero 6 Black Camera Bundle valued at $749.95&middot;         1 x Two Man Tent valued at $349.99&middot;         5 x 200mL Aftersun Lime Coconut Oil valued at $29.99ea&middot;         5 x Sunscreen SPF 50 Large valued at $15.99ea&middot;         1 x SCF Premium Beach Umbrella valued at $249.99&middot;         1 x Premium Beach Umbrella valued at $279.99&middot;         1 x Grind Wireless Headphones valued at 159.95&middot;         1 x 54 Inch Original Beater Finless Softboard valued at $289.95&middot;         1 x 9&rsquo;0 Catch Surf Softboard valued at $634.95&middot;         1 x 5&rsquo;6&rdquo; Channel Islands Fishcuit Surfboard valued at $820.00&middot;         1 x 5&rsquo;3&rdquo; Channel Islands Average Joe Surfboard valued at $719.00&middot;         1 x FCS 5ft Premium Comp Leash valued at $39.95&middot;         1 x FCS 6ft Com pLeash valued at $42.95&middot;         1 x FCS Regular Calf Leash valued at $59.95&middot;         1 x Futures F6 Alpha Carbon Quad Fins valued at $129.95&middot;         1 x FCS II Performer Neo Glass Tri-Quad Fins valued at $164.95&middot;         1 x Womens Beach Cruiser Bicycle valued at $349.00&middot;         1 x Mens Beach Cruiser Bicycle valued at $299.00&middot;         6 x Penny Skateboards valued at $169.00ea&middot;         1 x Polaroid Camera with film valued at $128.00&middot;         1 x Esky valued at $175.00&middot;         1 x Retro Bar Fridge valued at $$749.00&middot;         1 x BBQ valued at $149.00&middot;         2 x Ukulele&rsquo;s valued at $59.95ea&middot;         1 x Pogo Stick valued at $69.99&middot;         1 x Red Balloon Skydive Voucher valued at $500&middot;         1 x $1,500 Mantra Voucher&middot;         1 x $1,000.00 SurfStitch Gift VoucherAs at November 3rd 2017 maximum Prize value for the Prize Package is AUD $12,664.93. The Promoter accepts no responsibility for any variation in the Prize value.Prize ConditionsThe Prize must be accepted before 2:00PM QLD time on the 3rd April, 2018.Prize pack will be delivered in full to the Promoter&rsquo;s Courier of choice&rsquo;s freight depot in the major Australian city nearest to the prize winners location. Prize winner will be responsible for the collection of their prize from the Promoter&rsquo;s Courier of choice&rsquo;s freight depot in the major Australian city nearest to the prize winners location. Any expenses involved in the collection of the prize by the winner are the sole responsibility of the winner.All gift vouchers from providers other than SurfStitch are subject to the terms and conditions specified by the supplier of the relevant gift voucher.The Red Ballon Skydive voucher can be credited and used to purchase an experience of equal or lesser value off the Red Balloon website should the winner not wish to redeem their skydiving voucher.If the AUD$1,000 SurfStitch eGift Card amount hasn&rsquo;t been redeemed by the expiry date (18 Dec 2018), any unused Gift Card amount will be expired. This prize must be taken as offered and cannot be sold, bartered or exchanged for cash. It will remain the responsibility of the winner to ensure they redeem the AUD$1,000 eGift Card by the expiry date. The Promoter is not responsible for the expiry of any unused amount left on the eGift Card.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.The SurfStitch Gift Card component of the Prize is subject to following standard eGift Card terms and conditions of the Promotor (SurfStitch Pty Limited) and the following rules must be adhered to:The Gift Card Number must be entered and used at the checkout page;The Gift Card must be used prior to the Gift Card&rsquo;s expiration date;The gift card cannot be used in conjunction with any other promo code offer;The gift card cannot be used to purchase &ndash; eGift Cards, Physical Gift cards or Gift wrap.Should The Customer return items bought with the use of the Gift Card SurfStitch will, at SurfStitch's discretion - Issue a refund by way of credit to their gift card up to the value of the gift card amount redeemed, and by regular refund for the value exceeding the value of the gift card, should the returns be received prior to the gift card expiry date; or issue no refund should the returns be received after the gift card expiry date, except where the refund amount exceeds the value of the gift card, in which case they will be refunded the difference between the total refund amount due and the value of the gift card.In order to redeem your gift card, you must use the SurfStitch checkout by selecting &ldquo;Proceed to Checkout&rdquo; in the cart; &ldquo;PayPal&rdquo; checkout will bypass the gift card redemption page.The Grand Prize Winner will not receive any compensation if actual retail value of the prize pack is less than projected approximate retail value. SurfStitch reserves 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, subject to approval from the relevant regulatory authorities. The Grand Prize is not transferable, not redeemable for cash, not for re-sale and will be awarded to the confirmed winner only. Any expenses not specifically mentioned above as part of the Grand Prize shall be the sole responsibility of the winner.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.In the event of war, civil unrest, 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.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.The Winner must, as a condition of accepting the prize:sign the Promoter's:deed of release in relation to the use of their names and images for promotional purposes; anddeed of indemnity and exclusion of liability.6. Winner conductWinner 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 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 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.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 (&ldquo;Non-Excludable Guarantees&rdquo;). 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.(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;(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 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.arising in any way out of:(i) any technical difficulties or equipment malfunction (whether or not under the Promoter&rsquo;s or any Promoter Associate&rsquo;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&rsquo; 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&rsquo;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, 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.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&rsquo;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 &lsquo;including&rsquo;, &lsquo;such as&rsquo;, &lsquo;particularly&rsquo; 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)ACT Permit: ACT TP 17/02364NSW Permit: LTPS/17/19721SA Permit: TBCThis promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

Win a 'Do You Even Summer' Ultimate Prize Pack

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