COMPETITION TERMS AND CONDITIONS
1 OF 5 SIGNED TIM & NIKITA TSZYU GLOVES & A $200 EVERLAST VOUCHER.
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. The Promoter is DESIGNWORKS INTERNATIONAL PTY LTD (ABN 99 644 545 193) of Building 8, 658 Church Street, Richmond, VIC, 3121 (Promoter).
3. If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the prize draw to win a prize (Promotion).
4. Entries into the Promotion open at 9:00am AEDT Friday March 9th 2024 and close at 11:59pm AEDT March 29th 2024 (Promotional Period).
Eligibility and Entry
5. Entry to the Promotion is only open:
a. to permanent Australian Residents aged 18 years or older, excluding:
i. employees (and their immediate families) of the Promoter;
ii. the related bodies corporate of the Promoter; and
iii. agencies associated with this Promotion, (Eligible Person).
b. All entrants must read and consent to these Terms and Conditions as a condition of entry into the Promotion.
c. For the purposes of these Terms and Conditions:
i. “Australian Resident” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa.
ii. “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
d. During the Promotional Period, enter the Promotion:
i. by signing up to the EVERLAST mailing list by signing up to an account on https://www.everlastboxing.com.au/account/login?return_url=%2Faccount (or already having an EVERLAST account prior to the Promotional Period); and
ii. entering your details via https://www.everlastboxing.com.au/pages/signed-tim-tszyu-glove-giveaway, (collectively, Entry Requirements).
Eligible Applications
6. Multiple entries into the Promotion are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Promotion. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Promotion per Eligible Person.
7. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
8. Each entry must be made in accordance with these Terms and Conditions. By entering the Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
Prize Draw
9. This game of chance is conducted by the Promoter. The prize will be fulfilled and delivered by the Promoter.
10. There will be one (1) draw with one (1) winner drawn. The draw will be conducted by the Promoter or an authorised representative of the Promoter at Brand Collective, Level 2, Building 10, 658 Church Street, Cremorne VIC 3121 Australia at 1:00pm AEDT on 30th March 2024 via a random number generator.
11. The total prize pool is valued AU$1,000 (incl. GST) (as at March 9th 2024).
12. The winner will win: a. 1 x Signed Tim Tszyu & Nikita Tszyu Gloves & $200 Everlast Voucher which can be redeemed at everlastboxing.com.au, (collectively, the “Prize Pool”).
13. Any expenses related to the prize, collecting or participating in the prize or enjoying the prize will be borne by the winner and the winner’s guests.
14. As a precondition of being eligible to accept the Prize Pool, the winner must (if requested by the Promoter):a. sign all reasonably required legal documentation in the form required by the Promoter in their absolute discretion, including, but not limited to, a media consent form, legal release and indemnity form.
15. As a precondition of being able to participate in the Promotion and without limiting any paragraph of these Terms and Conditions, the winner and their companions must consent to the Promoter recording their image and/or voice, photograph or capture their likeness in any media and grant an irrevocable licence to use those recordings in any way which the Promoter may use in any manner it wishes including to distribute, broadcast use either nationally or globally without remuneration. This includes granting the right to edit such media, the right to use the media along or together with other information and the rights to allow other parties to use and / or disseminate the media.
16. The Prize Pool is not exchangeable or transferable for cash or in any other way.
17. Eligible Persons are not required to be present at the draw. The Promoter accepts no responsibility for any tax implications that may arise from the Prize Pool. All taxes which may be payable as a consequence of receiving the Prize Pool are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
18. Judging of the prize will be undertaken by the Promoter at Designworks International Pty Ltd. The prize winner will then be notified by email.
19. The Promoter may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn, or the winner is unable to comply with these Terms and Conditions.
20. In the event of war, terrorism, pandemic, 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 requirements of a relevant regulatory authority.
21. If the Prize Pool (or part of the Prize Pool) is unavailable for any reason, the Promoter, reserves the right to award the winner with an equivalent prize at the Promoter’s sole discretion, subject to any written directions from a regulatory authority.
22. Any costs associated with redeeming any part of the Prize Pool are not included.
23. The Promoter’s decision is final, and no correspondence will be entered into.
24. The winner will be notified in writing via the contact details supplied by the Eligible Person when they enter the Promotion. The winner will be notified within two (2) working days after the winner is selected and the winner’s name will be published on March 30th. To claim the prize, the prize winner must respond to the email within 10 business days of the notification email being sent.
25. 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 fair and proper conduct of the promotion. 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.
26. Incomplete or indecipherable entries will be deemed invalid.
27. 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.
General
28. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
29. Entrants agree that they are fully responsible for any materials they submit to enter the Promotion including but not limited to comments, recordings, and images (Content). The Promoter or the Business shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
30. As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Business and the Promoter and Business’ affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
31. By entering the Promotion all entrants consent to the use by the Promoter, the Business and other third parties, including but not limited to agents, contractors, service providers and media partners and providers of their name, image, likeness, username and social network account name for any publicity and commercial purposes, in any media and for an infinite period, without further compensation for the purpose of promoting and broadcasting and/or streaming the promotion (including any outcome). This includes but is not limited to use on TV, Facebook, Twitter, Instagram, YouTube, radio, print, display advertising, website and social media channels, and the Promoter’s blog and website.
32. The Prize Pool may be subject to third party terms and conditions. The Promoter and event and third-party organisers hereby expressly reserve the right to eject the winner (and his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize Pool.
33. The Prize Pool is further subject to terms and conditions and hereby expressly reserve their rights under those terms and conditions.
34. 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.
35. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
36. 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 Australian Securities and Investments Commission Act 2001 (Cth) 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 their respective officers, employees and agents) exclude 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.
37. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are 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:
38. Any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); a. any theft, unauthorised access or third-party interference; b. 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; c. any variation in prize value to that stated in these Terms and Conditions; d. any tax liability incurred by a winner or entrant; or e. taking of the Prize Pool/attendance at the prize event.
39. The Promoter collect personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy available at https://www.everlastboxing.com.au/pages/privacy.
40. In addition to any use that may be outlined in the Privacy Policies identified above, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Australian entrant's PI to any entity outside of Australia in accordance with their respective
Privacy Policies.
41. I have read, understood and accept these Terms and Conditions and the Privacy Policy of EVERLAST at https://www.everlastboxing.com.au/pages/privacy.43.
42. agree that EVERLAST Designworks International Pty Ltd may send me marketing and promotional materials.
43. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia.