‘Ocean Sounds Festival/Tash Sultana VIP Experience’ Competition
FULL TERMS & CONDITIONS
General
1. The competition is a game of skill, chance does not form part of selecting the winner.
2. The material used to market and promote the competition forms part of the competition terms. If there is an inconsistency between the material used to market and promote the competition and the competition terms, the competition terms prevail.
Eligibility to enter
3. Anyone may enter the competition, provided that they are:
(a) over 18 years of age
(b) a resident of Australia; and
(c) not an employee or immediate family member of an employee, of the Promoter or an agent of the promoter, who is directly associated and connected with the organisation of this competition.
Entering
4. By entering the competition, entrants accept the competition terms.
5. To receive an entry in the prize draw eligible entrants must do the following between 12:01am (AEST) on 05/08/2022 and 11:59pm (AEST) on 19/08/2022 (Competition Period):
(a) log on to the competition landing page by clicking on the competition link embedded in the promotional communications and/or social platforms
(b) tell us in 25 words or less “How you celebrate your independence”
(c) complete the online entry form and click on the submit button – you will automatically be entered into the draw
6. Entrants are limited to one entry only during the Competition Period.
7. The promoter may deem as invalid any entry which:
(a) is illegible, incomprehensible, offensive or incomplete; or
(b) includes objectionable, profane, insulting, inflammatory or defamatory material
(c) violates our social media policy or any law or code
8. The promoter may disqualify any entrant who:
(a) enters the competition without being eligible;
(b) tampers with the entry process;
(c) submits an entry that is not in accordance with the competition terms; or
(d) in entering the competition, engages in conduct which is fraudulent, misleading, deceptive or damaging to the goodwill or reputation of the competition or the promoter.
Failure by the promoter to exercise its rights under paragraphs 7 and 8 does not constitute a waiver of the promoter’s rights under paragraphs 7 and 8. If the entrant’s contact details change, the entrant must notify the promoter.
Selecting Winners
9. All eligible entries will be reviewed by a panel of judges from the Promoter or commissioned by the Promoter on or before the selection date at the selection address. The 5 most unique and creative entries as determined by the Promoter in its absolute discretion will each win a trip for 2 people to the Ocean Sounds Music Festival in Phillip Island Victoria to see Tash Sultana in concert (see condition 21 for prize inclusions), and the next 5 most unique and creative entries as determined by the Promoter will be declared Reserve Winners.
10. The Promoter’s selection is final and binding, subject to the promoter’s rights under paragraphs 7 and 8.
11. The promoter will notify the Winners by mail (or email) and post the Winners’ name and postcode for 7 days at www.newbalance.com.au on or before 26/08/2022.
Awarding prizes
12. The promoter may request that the winner provides proof of identity, proof of age or proof of residency to the promoter’s reasonable satisfaction before awarding the prize. If upon request the winner does not provide proof of identity, proof of age or proof of residency to the promoter’s reasonable satisfaction by 5pm (AEST) on 26/10/2022, then the relevant Winner may be deemed to have forfeited their entitlement to their prize. In those circumstances the promoter may award the prize to the next Reserve Winner.
13. The winner must accept the prize by 5pm (AEST) on 26/10/2022. If the winner does not accept the by 5pm (AEST) on 26/10/2022, the promoter may award the prize to the next Reserve Winner.
14. In consideration of the promoter awarding the prize to the winner, the winner:
(a) consents to the promoter, without royalty or any fees, using his or her name, likeness, image, voice and entry in any marketing and promotion of the competition, the promoter or the promoter’s business;
(b) agrees to use the prize in accordance with the supplier’s specified conditions and requirements;
(c) agrees that the prize is not transferable or exchangeable and cannot be taken as cash; and
(d) agrees to comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties
15. If the prize is unavailable, the promoter may substitute the prize with a substitute prize, provided that the substitute prize is of the same or similar value or specification as the prize subject to legislative approval.
Force majeure
16. If there is a force majeure event which prevents or materially and adversely affects the promoter’s ability to market, promote and run the competition in accordance with the competition terms, the promoter may cancel, terminate, modify, suspend or postpone the competition, subject to State Licensing Authorities approval.
Liability
17. The promoter is not liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including:
(a) any late, lost, altered, damaged or misdirected entries or prize acceptance, including delays due to technical disruptions or network congestion;
(b) any incorrect or inaccurate information caused by equipment or programming associated with or utilised in the competition;
(c) any technical error, including any omission, interruption, deletion, defect, delay in operation or transmission or communications line, telephone, mobile or satellite network failure; and
(d) any theft, destruction, unauthorised access to or alteration of entries; and
(e) any use of the prize or any tax liability incurred by the winner as a result of accepting the prize.
18. Nothing under paragraph 17 is intended to limit entrants or winners’ rights under the Australian Consumer Law 2010.
19. This promotion is in no way sponsored, endorsed or administered by, or associated with any social media provider and no social media provider is liable for any loss, expense, damage or liability suffered or incurred by entrants and winners in connection with the competition, including anything detailed in Section 17.
Personal information
20. The promoter collects personal information about entrants in order to run the competition, award prizes and comply with the permits. The promoter uses and manages entrants’ personal information in accordance with its privacy policy (www.newbalance.com.au/privacy-policy ). By entering the competition, each entrant consents, without royalty or any fees, to the promoter using their personal information for future marketing and promotional purposes.
Meanings
21. In the competition terms, the following words have the following meanings:
Word: Competition
Meaning: New Balance ‘Ocean Sounds Festival/Tash Sultana VIP Experience’ Competition
Word: Competition Period
Meaning: From 12:01am (AEST) on 05/08/2022 to 11:59pm (AEST) on 19/08/2022
Word: Selection date/time
Meaning: 22/08/2022 at 3:00pm (AEST)
Word: Selection address
Meaning: 47 Wangara Road, Cheltenham VIC 3192
Word: Force majeure event
Meaning: An event which is beyond the control of the promoter, including:
(a) vandalism, power failures, tempests, natural disasters, acts of God, global health emergencies, epidemics, pandemics, civil unrest, strike, war or terrorism; and
(b) An infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion
Word: Immediate family member
Meaning: Spouse, ex-spouse, de-facto spouse, child, step-child, parent, step-parent, grand-parent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin
Word: Prizes
Meaning: Prize Pool (5 prizes; total prize pool value $8,750)
5 x Trip Prizes for 2 people to attend the 2022 Ocean Sounds Music Festival featuring Tash Sultana on 10/12/2022 at Philip Island Victoria valued at AUD1,750 per prize. Each prize includes:
· Tickets to attend the 2022 Ocean Sounds Music Festival featuring Tash Sultana on 10/12/2022
· VIP Experience at the festival
· Tour Lanyard signed by Tash Sultana
· Merchandise Pack
· $1,000 Travel Voucher to be used for travel to the Festival (awarded to prize winner only)
Prize Limitations & Conditions
· Each Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a winner is unable to use the Prize or part of the prize. If a Prize winner (for whatever reason) is unable to take an element of the Prize on the date stipulated by the Promoter then the prize will be forfeited and cash will not be rewarded in lieu of the Prize. In the event that the Prize or part of the prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize, or element of it, of equal or greater value.
· Prize Travel Vouchers can only be used for travel (includes accommodation & transport) to and/or from the festival/concert. Prize Travel Vouchers expire 1 month after the festival/concert date and any residual prize credit remaining on the voucher after the expiry date is automatically forfeited and cannot be taken as cash. The promoter is not responsible for any travel, accommodation or any other ancillary costs associated with prize travellers travelling to or from the festival/concert venue.
· The Promoter will not be held responsible if the Prize winner or their guest does not qualify for travel insurance and is not required to substitute a different prize or prize of equivalent value.
· The winner must participate in the Prize personally and is responsible for ensuring their companion complies with all terms relating to the Prize.
· Event tickets are only valid for the date specified on the tickets by the event provider, and are subject to any terms and conditions imposed by the event provider and/or its associates. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
· The winner agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
Promoter
New Balance Australia Pty Ltd
ABN 65 003 049 296
47 Wangara Road, Cheltenham VIC 3192
Website
