Roberts Surfboard Giveaway Terms And Conditions

 

1. Terms & Conditions

1. Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
2. Any capitalized terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.

Eligibility & Entry

1. Entries: Entrants must enter the Promotion in their own name.
2. To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.
3. Entrants may enter the Promotion up to the Maximum Number of Entries.
4. Entries must be received by the Promoter during the Promotion Period. Online entries are deemed to have been received at the time of receipt by the Promoter and not at the time of transmission.
5. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
6. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms & Conditions as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during completion of the Entrant’s completion of the Entry Procedure.
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 to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

2. Prize Draw

1. The draw to determine the winning Entrant for the Promotion will be conducted in accordance with the Draw Details. The Prize(s) will be awarded to the Entrant or Entrants (as applicable) randomly drawn in accordance with the Draw Details, provided the Entrant has complied with the Entry Procedure. There is a limit of one (1) Prize that an eligible Entrant may win.
2. Where the Prize (as described in the Schedule) consists of multiple items or Prizes which are each separately redeemable by a winning Entrant, the first such item or Prize will be drawn on the Draw Date and each subsequent item or Prize will be drawn subsequently in accordance with the Draw Details.
3. Game of chance: As the Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrants will be confirmed by the Promoter.
4. Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the website).
5. The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
6. Promotional Period: The Promotion commences on the Start Date and concludes on the End Date as per the Schedule (Promotional Period).
7. Redemption Date: If the winning Entrant does not claim the Prize by the Redemption Date, the Prize will be deemed to be forfeited by the Entrant. The Promoter may require the winning Entrant to provide relevant evidence in order to claim the Prize, such as proof of identity, age, and any relevant proof of purchase.
8. Winning Entrants: The winning Entrant/s in the Draws, if any, will be notified by email and/or telephone within seven (7) days of the Draw.
9. Unclaimed Prize Draw: If any Prize remains unclaimed, a second draw or selection for the Prize (Unclaimed Prize Draw), will take place  91 days after, at the same time, place and manner as the original Draw, subject to any directions from a regulatory authority. The alternative winning Entrant, if any, will be notified by email and/or telephone within seven (7) days of the Unclaimed Prize Draw.
10. Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.

3. Prizes

1. Unavailable Prize: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
2. The Prize(s) are specified in the Schedule.

4. General

1. Publicity: The winning Entrant’s first name and suburb will be published on the Website and on the Promoter’s social media accounts, including but not limited to Instagram. Such publication will be done within 30 days of the Draw Date. By entering the Promotion, the winning Entrant consents to the publication of such information.
2. By entering the Promotion, Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winning Entrant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting the Promotor’s business and any products manufactured, distributed and/or supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
3. Non-Excludable Guarantees: 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 2010 (Cth), as well as any other implied warranties under the U.S. Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of U.S. (Non-Excludable Guarantees).
4. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
5. Liability: Except for any liability that cannot by law be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

• any act or omission of the Entrant;
• any breach of these Terms and Conditions by the Entrant;
• any Force Majeure;
• any personal injury or loss;
• claiming the Prize;
• use of the Prize in any way;
• any theft of any Prize or unauthorized access or third party interference in the Promotion;
• any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
• any tax liability incurred by a winning Entrant.
• Except to the extent such liability was caused or contributed to by the Promoter’s negligent act or negligent omission.

6. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionizing radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic. The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
7. To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winning Entrant must sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
8. Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorized account holder of the email address. The authorized account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorized account holder of the email address associated with the entry.
9. Personal information: The Promoter collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Schedule) for more information about how the Promoter collects, stores, uses and discloses personal information, including details about overseas disclosure, access, correction, how Entrants can make a privacy related complaint and the Promoter’s complaint handling process. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause and the Promoter’s Privacy Policy.
10. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Website, or the information on the Website, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
11. Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
12. Delivery: The Promoter will fund and organise within seven (7) days from the date the winning Entrant redeems the Prize within the Redemption Period, a delegated supplier/s and/or retailer/s of the Promoters choice to supply the Prize to the winner. Should circumstances outside the Promoter’s control occur, which cause a delay in supply and/or delivery of the Prize, incorrect delivery due to a wrong address supplied by the Entrant, an error caused by the supplier or shipper, or loss, theft, damage of the Prize during or after delivery, the Promoter will not be liable, and will not supply a replacement prize or compensation.
13. Amendments: 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, unauthorized intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
14. Jurisdiction: This trade promotion Giveaway is governed by USA Laws, and any matters relating to the Giveaway will be resolved under USA Law, and the Courts of USA shall have exclusive jurisdiction.
15. Disputes: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can't be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
16. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant/s) with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant/s), whether oral or in writing.
17. Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
18. Social Media Platforms including Meta, Facebook, YouTube, Instagram may be used to advertise or promote this Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with any Social Media Platforms including Meta, Facebook, YouTube, Instagram; and to release any Social Media Platforms including Meta, Facebook, YouTube, Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not the Social Media Platforms used that include Meta, Facebook, YouTube, Instagram.

Contact Details: https://www.dubshaka.com/pages/contact.