Win a trip for 2 to New Caledonia!

New Caledonia Competition – Conditions of Entry
1. Introduction
The Promoter of the New Caledonia Competition (Competition) is SurfStitch Pty Limited (ABN 65141251443) 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.
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 competitions.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 Competitions is competitions.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 New Caledonia Competition 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) hold a valid passport and are not barred from entry into New Caledonia,
d) hold or are able to obtain before the travel period a valid visa granting them access to New Caledonia,
e) 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
f) 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 follow the following steps:
1. The Entrant must enter via this URL: competitions.surfstitch.com
2. The Entrant will need to enter their first and last name as well as their email address, gender and phone number.
3. To complete their entry, the Entrant will need to click “Enter Competition” 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 through Email, Facebook & Twitter. It will also grant more entries if the Entrant purchases swimwear from SurfStitch.com
4. Each time the Entrant shares the New Caledonia Competition and a friend enters using the Entrant’s shared link, they will receive an additional entry into the competition.
The Promoter reserves the right, at any time, to ask Entrants to undergo a probity check at any time and to disqualify any Entrant who receives 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 and all suppliers of prizes in accordance with SurfStitch’s applicable Privacy Policy, which is available at http://www.surfstitch.com/info/footer_privacy_policy.
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 computer generated 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. Prizes are not transferable or exchangeable and, except as substituted by the Promoter, cannot be taken in any other form, including cash.
5. Prizes
Entry for the Competition opens at 6:00AM Australian Eastern Standard Time (AEST) on September 16, 2016 and closes at 11:59PM AEST on December 29th, 2016 (Competition Entry Period).
Details of the Prizes are as follows:
The first valid entry drawn will win a trip for two (2) people nominated by the Entrant to New Caledonia. This prize pack includes:
- 3 night voucher for Sheraton with breakfast courtesy of Starwood New Caledonia- Value of XPF 144,600 (AUD1,797)
- 2 nights in 1 bedroom apartment with ocean view at Hilton Noumea for 2 people including breakfast courtesy of GLP Hotels – Value of XPF 90,000 (AUD1,120)
- 1 night in an overwater bungalow at Escapade Island Resort for 2 people including boat transfers and breakfast courtesy of GLP Hotels- Value of XPF 55,000 (AUD684)
- 1 x surf session for 2 in Bourail courtesy of Nautilus Tours- Value of XPF 12,000 (AUD150)
- 2 return flights courtesy of Aircalin and New Caledonia Tourism Value of AUD 1378.00
- Transfers from the airport to Noumea, from Noumea to Bourail and back to the airport courtesy of New Caledonia Tourism- Value of AUD490
As of August 25th maximum Prize value for the Prize Package is AUD5,619. The Promoter accepts no responsibility for any variation in the Prize value.
The prize draw will take place at SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD at 2:00 PM QLD Time on December 30th 2016. The prize draw will be announced on 3:00PM QLD Time on December 30, 2016.
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 30th March, 2016 a re-draw will take place SurfStitch Pty Ltd, 225 Burleigh Connection Rd Burleigh Heads 4220 QLD on March 30th at 2:00PM 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 www.facebook.com/surfstitch at 3:00PM QLD time on March 30th 2016
Prize Conditions
The Prize must be taken by 30th December, 2017, subject to booking and/or flight and accommodation availability. Blackout periods may apply. The prize cannot be taken during New Caledonian or Australian public holidays, school holidays or other peak periods. The Prize can only be used where adequate space is available and operators have reached minimum numbers. If the prizes are not taken between these specified dates, the prize will be automatically forfeited, subject to approval from relevant regulatory authorities.
All bookings must be made at most 90 days in advance of desired and available departure date and at least 45 days of departure. Once booked, changes are not permitted. Travel insurance is not included. All flight bookings must be held and confirmed by the airline.
This prize ticket must be taken as offered and cannot be sold, bartered or exchanged for cash. Once the ticket is issued changes are not permitted. In the event of a no-show, tickets may not be changed or reissued. Bookings to be held and confirmed are subject to availability. It will remain the responsibility of the winner and their travelling companion to ensure they hold valid passports and visas (if required) for travel to Indonesia.
Flights are subject to the fare rules and General Conditions of Carriage of the relevant carrier. The Winner is responsible for the payment of any applicable airline excess baggage fees or other fees, taxes and surcharges. The Winner and their guests will not be entitled to accrue frequent flyer points on the travel or accommodation. The Promoter and The Partners are not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the Winner. All ticketing is electronic and paper tickets will not be issued.
Flights are available from any Australian capital city. The winner and guests will need to make and pay for their own way to any of the abovementioned cities. The winners and their guests must depart from and return to the same departure point and travel together.
Notwithstanding the above, New Caledonian Tourism 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.
Any extension to the duration of the Prize is at the Winner's sole expense and subject to availability at the time of booking.
Additional spending money, meals, alcohol, taxes, gratuities/tips, insurance, passports, travel documents, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, additional accommodation other then what is outlined above, in-room charges and all other ancillary costs are not included in any prize.
Itineraries are to be determined by the Promoter in its absolute discretion.
Prizes are subject to the standard terms and conditions of individual prize and service providers.
Winners may be required to present their credit card at time of accommodation check in for security purposes. 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 the winner cannot participate in the activities provided by the relevant operator while they are at the Prize destination, the activities will then be forfeited, subject to approval from the relevant regulatory authorities.
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 and any guest must, as a condition of accepting the prize:
a) make themselves available on the dates outlined in these Conditions of Entry;
b) be willing and able to travel to the location outlined in these Conditions of Entry;
c) submit medical information to the Promoter promptly upon reasonable request, and submit to any reasonable medical examinations or probity or background checks that may be necessary to establish that the Winner and any guest is able to travel to the locations described in the relevant Prize(s); and
d) 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.
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 any SurfStitch, New Caledonian Tourism 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 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 (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’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.
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’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)
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.