Giveaway Terms and Conditions
“Win a year’s supply of Kustom Footwear and Asher Pacey’s DHD Twin Fin Surfboard” PROMOTION
TERMS AND CONDITIONS
1.Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents.
3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter. 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.
Promotion commences on November 1st, 2018and ends at 11.59pm AEDST on November 30th 2018 (“Promotional Period”).
To be eligible to enter, individuals must visit kustomfootwear.com.au, follow the prompts to the promotion entry page, input the requested details (including their full name, residential address, phone number, valid email address, date of birth, and gender), and submit the fully completed database entry form.
5. Incomplete or indecipherable entries will be deemed invalid.
6. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry processor engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
8.The draw will take place at The Red Pill Advertising, 58 Irving Road, Toorak VIC on 5/12/18 at 10am AEDST. Red Pill Advertising may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
9.The winner will be notified by telephone within two (2) business days of the draw and in writing. The winner’s name will also be published on the Kustom website from 7/12/18.
10.The Promoter’s decision is final and no correspondence will be entered into.
11.There will be 1 winner – The first valid entry drawn will win Win a year’s supply of Kustom footwear (10 pairs total) and Asher Pacey’s DHD Twin Fin Surfboard.
12.Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
13.In the event of war, 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, subject to any written directions from a relevant regulatory authority.
14.If the prize (or part of the 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 any written directions from a regulatory authority.
15.Total prize pool valued at up to AU$2,500.00
16.The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
17.A draw for the prize, if unclaimed, may take place on at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by telephone within two (2) business days of the draw and in writing, and their name will be published on Kustom website.
18.Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
19.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, unauthorised 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
20.Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
21.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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States 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.
22.Except for any liability that cannot by law be excluded, includingthe Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking of and/or participation in the prize.
23.As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
25.The promoter is GSM (Operations) Pty Ltd. (ABN 67 085 950 803) of 1 Billabong Place, Burleigh Heads, QLD, 4220, telephone (07) 5589 9899 (“Promoter”).
NSW Permit No. LTPS/18/28776