Terms and Conditions for Surf Life Saving 15 year celebration (“Competition”)
Terms and Conditions Apply to All Entrants
- Entry into the Competition constitutes acceptance of these terms and conditions.
- All entry instructions and prize information in relation to the Competition published or made available by the Promoter forms part of these terms and conditions.
- This Competition is conducted by DHL Express (Australia) Pty Ltd (ABN 62 001 112 929) of Level 5, 15 Bourke Road, Mascot, NSW 2020, Australia ("Promoter").
- Entry is open to all Australian residents:
- aged 18 years or older as at time of entry; or
- under the age of 18 years, whose parent(s) or guardian(s) have consented to their entry into the competition;
- Management, employees and contractors of the Promoter and other agencies, firms and/or companies associated with the Competition (including suppliers of prizes) and their immediate families (Ineligible Persons) 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 first cousin.
- By entering into the Competition, each entrant warrants that he or she meets the entry requirements.
- The Competition will be open from 10:00 AM AEST Tuesday 29 January 2019 and final entries will close 11:59 PM AEST Monday 4th March 2019 ("Promotion Period"). DHL reserves the right to extend or terminate the competition for any reason.
- To be eligible to enter, Relevant Persons need to submit an entry as follows or in such other form as the Promoter expressly consents to in writing (Eligible Entry):
- submit either an image and/or message of their best beach story via the website www.dhlsummer.com;
- submit their details on the online entry form; and
- nominate their favourite Surf Life Saving Club via the website to receive a prize.
Relevant Persons who are not Ineligible Persons and who submit an Eligible Entry are taken to have entered the Competition (Eligible Entrants).
- Only ten (10) entries per person is permitted.
- Judging will be conducted by one or more representatives of the Promoter. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case these are required to take the place of an invalid entry or ineligible entrant.
- This is a game of skill. The winners (“Winners”) will be selected at the Promoter’s absolute discretion based on the Promoter’s opinion of how the entrant showcases their favourite beach moment using creativity, originality, beauty, humour, wit or overall impact of the relevant entry or other criteria as the Promoter determines in its absolute discretion. Promoter will use reasonable endeavours to announce the Winners by 11th March 2019. Promoter will use reasonable endeavours to notify Winners via email, telephone, or by any other means in the Promoter’s discretion.
- There will be one prize in Australia. Total potential prize value is up to AUD 6,000
- The Prize will consist of two parts (total up to AUD 6,000), being:
- AUD 1000 in cash to be awarded to the Winner; and
- the Winner may nominate their favourite Surf Life Saving Club in Australia to receive a prize of AUD 5,000 cash (GST inclusive). The Prize Winner must nominate a surf life-saving club in Australia from the list on https://sls.com.au/club_directory/.
- As a condition of accepting the Major Prize, the Winner may be required to 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 the Winner 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.
- If a Prize (or a part of a Prize) is not claimed or taken by Thursday 14th March 2019, the Winner will forfeit their right to that Prize and that Prize will be distributed at the Promoter's absolute discretion, and the Promoter is not obliged to substitute the Prize with another Prize or anything else. If the prize is claimed on time, Promoter will use reasonable endeavours to send the Prize to the Winner by Wednesday 20th March 2019.
- The Prize (or any unused portion of the Prize) is not transferable or exchangeable and not redeemable for cash, unless otherwise specified.
- The Promoter does not guarantee the quality of the Prize or make any warranty in relation to the Prize.
- The Promoter accepts no responsibility for any tax liabilities that may arise from winning a Prize.
- Any cost, expense or outlay incurred by an Eligible Entrant in connection with the Competition, including those incurred in entering the competition or by accessing a website or online portal, is the Eligible Entrant’s responsibility, regardless of whether the Eligible Entrant wins or does not win a Prize.
Intellectual Property and Consent
- Each Eligible Entrant warrants that that it is the owner of, and holds all intellectual property, moral or other rights in, the Eligible Entry it has submitted. At the time of submitting an Eligible Entry, each Eligible Entrant gives the Promoter an unconditional and irrevocable licence to use all intellectual property, moral or other rights in the Eligible Entry, including for promotional and advertising purposes. Each Eligible Entrant consents to any act or omission which would otherwise constitute an infringement of their intellectual property or moral rights in respect of an Eligible Entry.
- Eligible Entrants acknowledge and agree that:
- they consent to the full use of their entry, and any of its content by the Promoter for any purpose in connection with the Competition or the Promoter, including use which may otherwise infringe the Eligible Entrant’s or content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights;
- the Eligible Entry and any accompanying images may be published on the website www.dhlsummer.com, dhl.com.au or a DHL related online/social media channel (including, but not limited to, Facebook, Instagram or LinkedIn) by the Promoter, without any monetary or other compensation to the Eligible Entrant;
- the Promoter has the discretion to:
- publicly display the relevant content on the DHL Facebook or any other website or page in connection with the Promoter; and/or
- approve or reject the content as an Eligible Entry.
- they may be contacted by the Promoter to provide comments about the Competition and the Promoter (or an agent of the Promoter) may take photos and videos of them;
- the Promoter may use such comments or photos, or any part of the Eligible Entry, including the Eligible Entrant’s name (the Materials) for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
- the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means;
- the Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
- they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
- they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present any future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights"); they waive all Moral Rights in the Materials that arise outside Australia; and they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials; and
- they consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- Eligible Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to any video submitted with the entry, comments or images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law.
- Eligible Entrants warrant and agree that:
- they will not submit an entry or Content that contains any material determined by the Promoter, in its absolute discretion, to be obscene, offensive, inappropriate, unlawful or fraudulent, in breach of any intellectual property, privacy, publicity or other rights, defamatory, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- the Content is the original work of the entrant that does not infringe the rights of any third party;
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;
- they will comply with these Terms and Conditions;
- they will not tamper with the entry process or engage in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition;
- they will not use any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter the Competition repeatedly; and
- they will not, in the opinion of the Promoter, tamper or interfere with the entry mechanism in any way, or fail to properly comply with the entry process.
- Any entrant or entry which fails to comply with these Terms and Conditions is not eligible to win, unless the Promoter exercises its discretion to permit the entry or entrant to remain eligible.
- The Promoter reserves the right, at any time, in its absolute discretion, to:
- refuse to accept any entry and/or disqualify or remove any entry, and to disqualify any individual;
- take such other action in relation to the entry or individual as Promoter deems appropriate and in the interests of the Competition, including making a public statement; and
- to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence).
Without limitation, the Promoter may exercise the rights set out in this clause if it has reason to believe that, or deems that, an entrant or entry is in breach of, or likely to breach, these terms and conditions.
- Incomplete, indecipherable, illegible or incorrect entries are deemed invalid and are ineligible to win. The Promoter is entitled to determine which entries are incomplete, indecipherable, illegible or incorrect, in its absolute discretion. However, errors, omissions and other defects may be accepted at the Promoter's discretion.
Liability, and Indemnity by Eligible Entrant
- By entering and participating, entrant agrees to hold harmless, defend and indemnify Promoter from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Competition (ii) breach of any of these Terms and Conditions, or (iii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)).
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under any consumer protection laws in the States and Territories of Australia to the extent that by law they cannot be excluded. Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) excludes all any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to the Competition, any Eligible Entrant or Entry, or these Terms and Conditions, including without limitation in respect of:
- any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, loss of market, loss of contract, arising in any way;
- any personal injury;
- property damage;
- breach of confidence;
- technical difficulties or equipment malfunction;
- theft, unauthorised access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter);
- breach of intellectual property rights;
- any variation in prize value to that stated in these Terms and Conditions; and
- any part of the Prizes that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Winner.
- If Promoter is unable to exclude, but is able to limit the Eligible Entrant’s remedy for a breach of a legislative provision, then the liability of Promoter for breach of that provision is limited to, at Promoter’s option, the supplying of the Prizes (or other relevant goods or services) again or the payment of the cost of having the Prizes (or other relevant goods or services) supplied again.
- It is acknowledged that the Competition is entered by Eligible Entrants voluntarily, for little or no consideration, and that Promoter has an absolute discretion to extend, terminate, cancel or modify (subject to Eligible Entrants being able to withdraw from the Competition) the Competition in any way whatsoever. Without limitation, this right may be exercised if, for any reason, the Competition is interfered with in any way or is not capable of running as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the reasonable control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition.
- The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter and not at the time of transmission. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
- 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 are reserved.
- In the event there is a dispute concerning the conduct of the Competition, the decision of the Promoter is final and binding on each Eligible Entrant and no correspondence will be entered into. The judge’s and the Promoter’s decisions (including any decisions as to prize distribution) are final and the Promoter will not enter into any correspondence (regarding the result or otherwise).
- If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.