Information on how to enter and prize details form part of these Terms and Conditions. Entry into this Competition is deemed acceptance of these Terms and Conditions.
1. 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").
2. The Competition will be open from 10:00AM AEST Monday 16 January 2017 and final entries will close 11:59PM AEST Tuesday 21st February 2017 ("Promotion Period"). DHL reserves the right to extend the competition for any reason.
3. Entry into the Competition constitutes acceptance of these conditions. All entry instructions and prize information published by the Promoter form part of these conditions.
4. Entry is open to all Australian residents:
a) aged 18 years or older as at time of entry;
b) or are a person under the age of 18 who has consent to enter by their parent(s) or guardian(s).
c) 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 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.
5. To be eligible to enter, Eligible Entrants need to nominate their favourite beach via the website www.dhlsummer.com
a. and submit their details on the online entry form.
6. By submitting an Eligible Entry, Eligible Entrants acknowledge that:
7. The Eligible Entry and any accompanying images may be published on the website www.dhl.com.au, www.dhl.co.nz or a DHL related online/social media channel (including, but not limited to, Facebook, Instagram or LinkedIn) by the Promoter.
8. Eligible Entries must not contain any material determined by the Promoter, in its absolute discretion, to be obscene, offensive or inappropriate. The Promoter reserves the right, at any time, to refuse to accept any entry and/or remove any entry from display that it deems, in its absolute discretion, to be obscene, offensive or inappropriate, or infringing upon the rights of any third party.
9. By uploading a photo as part of their entry on the www.dhlsummer.com website, the relevant Eligible Entrant acknowledges and agrees that the Promoter has the discretion to:
10. publicly display the photo on the DHL Facebook page; and/or
11. approve or reject the photo as an Eligible entry.
12. Eligible Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to the Video, comments and 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:
a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, 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;
b) their Content shall not contain viruses or cause injury or harm to any person or entity;
c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d) the Content is the original work of the entrant that does not infringe the rights of any third party;
e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f) 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.
g) Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.
13. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
14. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible 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 product conduct of the Competition. 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 competition from such an offender are reserved.
15. Incomplete or indecipherable entries will be deemed invalid.
16. The judging will take place at DHL Express of Level 5, 15 Bourke Road, Mascot, NSW 2020, Australia. Judging will be conducted by a representative 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 of an invalid entry or ineligible entrant.
17. This is a game of chance. The winners (“Winners”) will be selected at random on Wednesday 22nd February 2017
18. There will be 102 prizes in Australia and 101 prizes in New Zealand, the Major Prize Winner will win the major prize valued at up to AU $9000 and NZ$22.50. The Minor Prizes are valued at upto AU $21.50 and NZ $22.50
a. In Australia the Major Prize will be - an Evinrude Outboard Motor TO BE donated to a Surf Life Saving Club (valued at AU $7620) plus a Sea Doo Spark (valued at AU$9,000, Includes trailer and registration) to be kept by the Major Prize Winner. There are 100 Minor Prizes comprising of one (1) DHL beach towel (Valued at AU $21.50)
b. In New Zealand the Major Prize will be a DHL Marquee Tent (Valued at NZ $3,000) to donate to a Surf Life Saving Club. There are 100 Minor Prizes comprising of one (1) DHL beach towel (Valued at NZ $22.50)
19. If the Major Prize is not claimed by Tuesday 28th February 2016, the Winner will forfeit their right to the Major Prize and the Major Prize will be distributed at the Promoter's absolute discretion.
20. Total prize pool value is up to AU$18,770 and NZ$5,250
21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition, or suspend or modify a prize.
22. The Prizes (or any unused portion of the Major Prize) are not transferable or exchangeable and not redeemable for cash, unless otherwise specified.
23. The Promoter does not guarantee the quality of the Prizes.
24. 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)
25. As a condition of accepting the Major Prize, the Winner and their companion 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 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.
26. 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.
27. The Promoter shall not be liable for any part of the Prizes that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Winner
28. The Promoter accepts no responsibility for any variation in the value of the Prizes
29. If the Major or Minor Prize (or part of the Prize) is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the Prizes (or that part of the Prizes) with a prize of equal or greater monetary value/specification.
30. If, for any reason the Winners do not claim/take/redeem the Prizes (or an element of the Prize) at or by the time stipulated by the Promoter, then the Winner will forfeit the Prize (or that element of the Prize) and the Promoter is not obliged to substitute the Prize with another prize or anything else.
31. 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.
32. The judges’ and Promoter’s decision is final and binding and no correspondence will be entered into. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
33. 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 reserves the right in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.
34. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
35. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions of entry. 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.
36. Eligible Entrants personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its winner, and if Eligible Entrant consents, may be used to market its product to the Eligible Entrant. The personal information of the winner may be provider to others assisting in the conduct of the Competition, including the Competition administrator, Prize suppliers and deliverers. The Promoter will use and handle personal information as set out in its Privacy Statement. The Promoter’s Privacy Statement is available at http://www.dhl.com.au/en/legal.html#. Persons may contact the Promoter at Privacy_express@dhl.com.au, as if they were a customer of the Promoter. The entrant agrees that the Promoter can continue to contact them even after this Competition ends.
37. By entering into the Competition, the Eligible Entrant agrees and acknowledges that:
• 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.
38. 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 and New Zealand (“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 Competition or personal injury suffered or sustained in connection with this Competition.
39. Except for any liability that cannot by law be excluded, including the 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;
40. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Prizes.
41. Eligible Entrants 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.
42. Any cost associated with accessing a website or online portal, for the purposes of this Competition, is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used.
SA Licence No: T17/42
ACT TP 17/00042 DHL Summer Promotion / DHL Express (Australia) Pty Ltd
NSW licence No: LTPS/17/10804
SA Electronic Draw approval number: 1157