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.Entry is only open to Australian residents. Employees (and their immediate families) of the Promoter and agencies associated with this promotion 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 1st cousin.
3.Promotion commences on 1 October 2017 and ends at 11:59pm AEDST on 30 November 2017 (“Promotional Period”)
4.To enter individuals must, during the Promotional Period, visit au.elementbrand.com and complete the database entry form with all of the requested personal details (including their full name, a valid email address, gender and select opt-in to receive the Element newsletter) and submit it so it is received by 11:59pm AEDST on 30 November 2017.
5.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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
6.Incomplete, indecipherable or illegible entries will be deemed invalid.
7.Only one (1) entry permitted per person.
8.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.
9.The draw will take place at The Red Pill Advertising, 58 Irving Road, Toorak, VIC at 4:00pm AEDST on 4 December 2017 (the “draw date”). The Red Pill Advertising may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
10.The winnerwill be notified by telephone within two (2) business days of the draw and in writing by email, and their name will be published at au.elementbrand.com within 30 business days of the draw.
11.The Promoter’s decision is final and no correspondence will be entered into.
12.The first valid entry drawn will win 3 x one of a kind Annita Maslov skateboard decks which may only be redeemed at au.elementbrand.com. The prize will be posted to the person/s nominated on the database entry form.
13.Subject to the unclaimed prize draw, if for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
14.Total prize pool value is $450.00
15.The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
16.A draw for the prize, if unclaimed, may take place on 6 February 2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by phone within two (2) business days of the draw and in writing by email, and their name will be published at au.elementbrand.com within 30 business days of the draw.
17.The winners consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18.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.
19.Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
20.The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
21.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 (“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 promotion.
22.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; (e) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in the prize.
23.As a condition of accepting the prize, the winner must 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.
24.The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
25.The Promoter isGSM (Operations) Pty Ltd, trading as Element (ABN 67 085 950 803) of 1 Billabong Place, Burleigh Heads, QLD, 4220, telephone (07) 5589 9899.
NSW Permit No. LTPS/17/18213