Promotional Terms & Conditions
Win A Year’s Supply Of Footwear & A Kustom Surfboard
1. Terms and Conditions of Entry GSM (OPERATIONS) PTY LTD ABN 67 085 950 803 (“Promoter”) (trading as Kustom) is conducting a competition offering participants the chance to win a year’s supply of Kustom Footwear in the form of one (1) $600 voucher to be used at https://www.kustomfootwear.com.au/ and one (1) Kustom Surfboard.
2. By entering and/or participating in the competition, you agree to the following terms and conditions (“Terms and Conditions”).
3. Instructions, prizes and information on how to enter form part of these Terms and Conditions.
4. All entries must comply with these Terms and Conditions to be valid.
5. Kustom’s “Win a year’s supply of footwear and a Kustom Surfboard” (“Competition”) begins at 12.00am AEDT on 09 September 2020 and ends at 11.59pm AEDT on 27 October 2020 (“Competition Period”). Time will be determined according Promoter’s timekeeping systems. The timeliness of any action or inaction relating to the Competition will be determined in the Promoter’s sole discretion.
6. Entry is open to residents of Australian residents who are over the age of 18. Entrants are required to provide personally identifiable information to GSM (OPERATIONS) PTY LTD. GSM (OPERATIONS) PTY LTD does not knowingly collect personally identifiable information from persons under the age of 18. Such persons are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. Entrants under 18 year of age must have a parent or guardian’s permission before providing personal information.
7. Employees of the Promoter and their respective subsidiaries, affiliates, officers, agents and the immediate family members of each are not eligible to participate in the competition. Proof of identity must be furnished upon request.
8. To enter the Competition, entrants must submit their name and email address through an entry form at https://www.kustomfootwear.com.au/blog/post/competition-september (“Entry”) and agree to receive promotional marketing materials through email or SMS from the Promoter.
9. Each entrant must not submit more than one Entry. If an entrant submits multiple, they will be considered ineligible.
10. If a dispute arises over who submitted an Entry, the Entry will be deemed to have been submitted by the authorised email account holder at the time of Entry.
11. One winner will be drawn via a random electronic draw at 1 Billabong Place, Burleigh Heads QLD 4220 at 9.00am on 29 October 2020 (“Prize Draw Date”) and the prize will be awarded to the first valid entry drawn following winner validation and verification (“Winner”).
12. The Winner will win a year’s supply of Kustom Footwear in the form of one (1) $600 voucher to be used at https://www.kustomfootwear.com.au/ (valid until 31 March 2021) and one (1) Kustom Surfboard, valued up to $900. For the avoidance of doubt, if a gift voucher is used for shopping purchases totalling more than the value of the gift voucher, the difference must be paid by the Winner.
13. The Winner will be notified via email within one (1) business day of the draw. The name of the Winner will also be announced on https://www.kustomfootwear.com.au on 29 October 2020 for a period of 30 days. All reasonable efforts will be taken to contact the Winner. The Promoter takes no responsibility for unread, undelivered or incorrectly provided email information. No message will be sent to non-winning contestants.
14. The Winner must respond to the Promoter or its designee’s notification email and provide all requested information by 09 November 2020. The Winner will be required to prove eligibility and may be required to complete, sign, and return an affidavit of eligibility, liability/publicity release form and other applicable documents to receive and claim any Prize. The Winner shall authorise all checks regarding their identity and their domicile. All decisions of the Promoter about the Winner are final, binding and non-appealable. Entrant’s must agree to comply with the Promoter’s reasonable instruction/direction to claim the Prize.
15. If the Winner cannot be contacted, is disqualified, fails to meet the requirements of these Terms and Conditions or fails to claim the Prize by 6.00pm (AEDT) on 09 November 2020, the next person drawn after the Winner on the Prize Draw Date (“Winner 2”) will be deemed the winner. Winner will be deemed to have forfeited the Prize and hence, will have no claim to the Prize.
16. Winner 2 will be notified by email and/or telephone within one (1) business day of 09 November 2020.
17. The process outline in clauses 16 and 17 will be repeated every three (3) business days until a winner is contacted and accepts the Prize. At the expiry of each three-business day period, a new winner will be drawn and all previously drawn winners will be deemed to have forfeited the Prize and hence, will have no claim on the Prize.
18. Entrants and participants in the Competition are responsible for ensuring their familiarity with the Terms and Conditions at the time of participation. The Promoter’s decision not to enforce its rights or any specific restriction (whether communicated to an entrant or not) does not constitute a waiver of those rights, restrictions or of the Terms and Conditions generally.
19. Participants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a Participants ineligibility after the Promoter has awarded a prize to the ineligible entrant.
20. Entries not complying with these Terms and Conditions are ineligible and the Promoter reserves its absolute right to disqualify any entrant from the Competition if any entries do not comply with these Terms and Conditions.
21. The Promoter’s (or an associate of the Promoter) decision in relation to any aspect of these Terms and Conditions is final and binding on every person who enters. No correspondence will be entered into.
22. A request by an entrant to modify any information provided should be directed to the Promoter.
23. The Prize is not transferable or exchangeable nor can it be redeemed for cash.
24. If the Prize or any element of the Prize becomes unavailable for any reason beyond the Promoter’s control then a similar prize of equal or greater value will be awarded to the winner in lieu, subject to the approval of the relevant regulatory authorities (if required). Without limiting the foregoing, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in these terms and conditions).
25. Any tax liability arising because of accepting the prize is the winner(s) responsibility.
26. All prize advertisements depicting or describing the prizes and trade mark references are illustrative rather than depictive and do not imply an associated with the Promoter.
27. Entrants consent to the use of their names, likeness or image by the Promoter if they are the winner of the Prize for an unlimited period of time without remuneration. Entrants agree to comply with any reasonable direction of the Promoter in this regard.
28. If for any reason any aspect of this competition is not capable of running as planned, including by reason of war, terrorism, state of emergency, disaster, infection by computer virus, telephone network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities, if required.
29. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations.
30. By entering the competition, an entrant warrants they are eligible to enter.
31. 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 process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
32. Any rude, defamatory, offensive, illegal, incomprehensible, incorrect or incomplete entries (all of which will be at the absolute discretion of the Promoter), or which breach any law or infringe on third-party rights, including intellectual property rights will be invalid and may be removed by the Promoter.
33. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents), excludes all liability (including negligence), for any personal injury or any loss or damage (including, without limitation, indirect, special or consequential loss or loss of profits), which is suffered or sustained in connection with this competition or accepting or using the Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law.
34. By entering this competition, entrants’ consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes including contacting entrants via the contact details provided by the entrant. Without limiting the foregoing, Entrants’ personal information provided in connection with this competition will be handled in accordance with the Promoter’s Privacy Statement which can be viewed at https://www.kustomfootwear.com.au/page/help/privacy. At an entrant’s request, all information provided to the Promoter will be removed from our databases.
35. The laws of Queensland, Australia apply to these Terms and Conditions and Participants submit to the exclusive jurisdiction of the courts of Queensland, Australia.