“BOARDCAVE SURF GANG” GAME OF SKILL PROMOTION
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TERMS AND CONDITIONS
1. Entry is only open to Australian and US residents. Individuals must have an Instagram account to be able to participate. Entrants under the age of 18 years must obtain the prior permission of a parent or guardian over the age of 18 to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
2. If the entrant selected as the Major Prize Winner in connection with this promotion is younger than 18 years of age, an adult parent or legal guardian of that person must be nominated to collect the prize.
3. 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.
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4. Entries open on 6 May 2015 and close at 11.59pm AEST on 31 May 2015 (“Entry Period”).
5. To be eligible to enter, individuals must post an original and creative surf gang name (“Surf Gang Name”) and tag two of their friends who would share in the prize.
6. To enter, individuals must, during the Promotional Period, log into their Instagram account, follow @boardcave, and on any Boardcave post which contains the #joinmysurfgang tag two friends and include a # with their “Surf Gang Name” in the caption field. The profile of the Instagram account used to enter must contain sufficient personally identifiable information to adequately identify the entrant. Only entries that have included the appropriate mentions and hashtag will be considered. Each entrant warrants to the Promoter that the Surf Gang Name is the original work of the entrant, that it does not infringe the rights of any third party and that it is compliant with clause 24. Multiple entries are permitted per person, however, each Surf Gang Name submitted must be unique.
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Selection of Finalists
7. There will be 10 Finalists chosen during the Entry Period. These entries will be judged by the Boardcave Team based on the originality, fun value and creative merit of the Surf Gang Name submitted. The 10 Finalists chosen during the Entry Period will then get the chance to win the Major Prize.
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Selection of Major Prize Winner
8. The Surf Gang Names submitted by the ten (10) Finalists will be published by the Promoter on the Promoter’s Instagram page @boardcave and made subject to a public vote on Tuesday 2nd June until Tuesday 06.00pm AEST on 9th June 2015 ("Voting Period"). Each valid Instagram account can only be used to vote for each Photograph once.
9. The entrant that submitted the posted Photograph that receives the most valid “likes” during the Voting Period will be the major prize winner and will win 3 Catch Surf Beater Boards (1 for them and 1 for each of their two friends tagged in their entry). The Beater Boards are:
3 x 54 Catch Surf Beater Original Finless Surfboards valued at AU$250 (RRP) each.
10. The winners will be notified by way of a comment on their winning entry (i.e. the Surf Gang Name post on the promotor’s instagram). Each winner will then be required to contact the Promoter within the specified period in order to organise awarding of their prize.
11. Incomplete or indecipherable entries will be deemed invalid.
12. 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. 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 compensation from such an offender are reserved.
13. The Promoter reserves the right, at any time: (a) to invalidate any “likes” which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or “likes” that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for “likes” or has otherwise encouraged or procured any person to submit or procure “likes” contrary to these Terms and Conditions.
14. 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.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
18. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize.
19. Total prize pool value is up to AU$750,00. All values in these Terms and Conditions are in Australian dollars.
20. Prizes are not transferable or exchangeable and cannot be taken as cash.
21. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Surf Gang Name and comments (“Content”). The Promoter 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:
(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 artistic 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
22. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its 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.
23. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
24. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
25. Any cost associated with accessing Instagram is each individual’s responsibility and is dependent on the Internet service provider used.
26. 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.
27. 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 (f) taking and/or use of a prize.
). This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
30. The Promoter is Boardcave.com Pty Ltd (ABN 27154901425) of 1/1333 Gold Coast Highway, Palm Beach, QLD 4217, telephone (07) 5535 3594.
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