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Terms & Conditions of Entry - Sydney Skinny Promotion

These terms and conditions (which we’ll call “Conditions of Entry”) contain important information you need to know about your entry and the Promotion generally. Make sure you read these Conditions of Entry carefully.

Information about how to enter and the prizes form part of these Conditions of Entry. If you choose to participate in this promotion, then you agree that these Conditions of Entry apply to your entry.

The Promoter is Monde Nissin (Australia) Pty Ltd (ABN 25 169 518 325), of 77 Corish Circle, Eastgardens, NSW, 2036 (we, our, us).

Promotion Period

1.       The promotion starts at 09:00am AEDT on 09/02/2018 and closes at midnight AEDT on 01/03/2018 (Initial Entry Period).  

2.       If insufficient entries have been received as at the close of the Initial Entry Period, the Promoter may, in its sole discretion, extend the closing date to allow additional entries to be submitted (Extended Entry Period). 

3.       Any Extended Entry Period will be announced on the Promoter’s Facebook Page (as defined below) and via the Promoter’s other social media and digital channels.

4.       Once the promotion has concluded, no further entries will be accepted. 

Who Can Enter

5.       Entry is open to Australian residents aged 18 years or older as at the commencement of the Promotion who wish to register for and participate in the Sydney Skinny 2018, to be held at Cobblers Beach on 11 March 2018 (the Event).

6.       To enter, entrants must, during the Promotion period:

a.       visit the nudie Facebook Page at www.facebook.com/nudiejuice (Facebook Page);

b.       follow the prompts to the Sydney Skinny App;

c.        complete the entry form by providing all information requested; and

d.       tell us (in 25 words or less) what nasties are holding you back from a spot on team nudie?

7.       Entrants can enter the Promotion for themselves alone, or as part of a group entry (subject to paragraph 11below).  One entry per person - multiple entries are not permitted, and nor can you enter via multiple groups.  If you enter more than once, we’ll keep your first entry, but delete all the others (and in the case of group entries, delete your name from any additional group entries you are listed in).

8.       Entries won’t be accepted in any other way or form. Your entry is deemed to have been received when we actually receive it (not when you send it). Computer generated or automated entries will not be accepted. Once submitted, you cannot alter or delete your entry.

9.       Incomplete and ineligible entries will be deemed invalid. We’ll also invalidate any entry which (in our opinion) breaches these Conditions of Entry or any other content guidelines published by us as part of the entry process for the Promotion.

10.    Entry is conditional upon compliance with the terms and conditions which apply to the Event and which can be found at http://www.thesydneyskinny.com.au/.  In particular, in entering the Promotion and participating in the Prize, you acknowledge that:

a.       there may be inherent risks in participating in the Event – this is an ocean swim event, and requires a reasonable degree of fitness.  You further acknowledge that participation in the Event may involve participating in dangerous activities.  By entering this Promotion and/or accepting the prize, you accept that risk;

b.       you must follow the reasonable directions of the Event organisers, the Promoter, life savers and other emergency personnel assisting during the Event; and

c.        the Promoter will be taking photographs and film footage during the Event, and you may be photographed and/or filmed during your participation in the Event, and you consent to those images being published on the Promoter’s digital and social media platforms and in marketing materials associated with the Event.  This may involve publication of images depicting nudity.  The Promoter will exercise reasonable care to ensure images depicting full frontal nudity are published by the Promoter, but you acknowledge that such images (including images by which you may be capable of being identified) may be taken and published as a result of your participation in the Event.

Group entries

11.    You may enter the promotion in your own name alone, or you may enter as part of a group of 2 or more people.  If you are submitting an entry on behalf of a group, you acknowledge and agree that:

a.       you take full responsibility for ensuring that all other members included in the group entry are fully aware of their participation in the promotion and, if your group entry is selected as a winning entry, participation in the Event;

b.       you have the full consent from all other members included in the group entry to share their personal information with us, including the provision of each group entrant’s full name, valid email address, phone number, postcode and date of birth;

c.        all members in your group entry are aware of and consent to the terms and conditions of the Event, including being photographed during their participation in the Event and having those photographs published as set out in paragraph 10 above); and

d.       all members of the group entry have read and consent to these Conditions of Entry.

Rules about Entry Content

12.    You must take full responsibility for the content of your entry, and for ensuring that your entry complies with these Conditions of Entry. When we talk about ‘entry content’, we mean things like text, photos, videos, email messages and anything else that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.

13.    Your entry must be your own original work. We reserve the right to verify, or to require you to verify, that the entry is your original work. If you can’t verify your entry to our satisfaction, your entry will be deemed invalid.

14.    Play nicely – you don’t want to be that guy. Your entry must not include:

a.       any content that contravenes any law, infringes the rights of any person or is obscene, defamatory, discriminatory, offensive or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); or

b.       any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless you are entitled to do so. If you have any doubts about whether you have the right to include any content (for example, recorded music) then you must not include it. By including any such content in your entry, you warrant that you have the permission of the relevant copyright owner to do so and that this permission allows us to use your entry in accordance with these Conditions of Entry.

15.    We may, in our absolute discretion, edit, modify, delete, remove or take-down any part of your entry.

16.    By submitting an entry to the Promotion, you agree to give us a perpetual, irrevocable, royalty free licence to use your entry for the purposes of the Promotion (such as posting your entry on our social media channels, for all the world to see and admire). You consent to us using your entry in any manner we wish (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to you (of royalties, compensation or otherwise). By submitting an entry, you consent to any dealings with the entry that may otherwise infringe your moral rights in the entry. We may copy any content submitted as part of your entry, cause the content to be seen and/or heard in public, and communicate the content to the public. We may also allow third parties to do these things.

How entries will be judged and winners notified

17.    All eligible entries received during the Initial Entry Period will be judged by our representatives on the basis of merit, creativity and originality.  The best 100 entries, as determined by the judges, will be declared the winners and will each receive a prize.

18.    In the event of an Extended Entry Period:

a.       all eligible entries received during the Initial Entry Period will each receive a prize; and

b.       all entries received during the Extended Entry Period will be judged and the best entries, as determined by the judges, will each be allocated one of the remaining prizes. 

19.    Judging for entries received during the Initial Entry Period will take place at 77 Corish Circle, Eastgardens, NSW, 2036 at 10am on 02/03/2018 AEDT.  In the event of an Extended Judging Period, judging for entries received during that period will be conducted on a time and date which will be announced on the Facebook Page and via the Promoter’s other social media and digital platforms.

20.    All winners will be contacted by phone or email within 2 business days of determination, to confirm their attendance at the Sydney Skinny (and the Promoter will also provide all relevant information regarding their prize). If a winner does not respond and/or confirm their attendance within 48 hours of receipt of notification from us, then their entry will be deemed invalid and we reserve the right to distribute the unclaimed prize(s) to the next best ranking entry, as determined by the Promoter in its sole discretion.  Winners of any unclaimed prizes will be notified in writing.

21.    The determination of winners and allocation of prizes is at the sole discretion of the Promoter, and no correspondence will be entered into.

Prizes

22.    There are 100 prizes available.  Each prize consists of:

a.       entry to the Sydney Skinny on 11 March 2018 (valued at up to $45, RRP including GST);

b.       the opportunity to join “Team nudie” for Wave 3 (which swims at 9.30am), and swim with Layne Beachley as your team captain!  Winners may choose to swim either 300m or 900m (this is a “money can’t buy” experience); and

c.        a limited edition ‘team nudie pack’ (valued at $80).

23.    Each prize is valued at up to $125 (RRP, including GST).  The total retail value of all prizes offered under this Promotion is $12,500 (RRP, including GST) at time of publication. The Promoter takes no responsibility for any variation in the prize value after the commencement of the Promotion.  Prizes are not transferable or exchangeable and cannot be taken as cash. Any ancillary costs associated with redeeming the Prize (including travel to and from the Event) are not included and will be the sole responsibility of the winners.

24.    If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the prize) with a prize to the equal value and/or specification.

25.    If a winner does not take an element of a prize by the time stipulated by us, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. We accept no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.

Important information regarding the prize

26.    Layne Beachley’s availability to attend and participate at the Event is at the discretion of Layne and/or her management.  The Promoter will not be liable for Layne’s unavailability for whatever reason, and no cash or other alternative will be awarded in lieu of that element of the prize. 

27.    The organisers of the Sydney Skinny 2018 and prize providers may (in their absolute discretion) change or amend the Event timing or schedule without notice.  The Promoter accepts no responsibility for the cancellation, rescheduling, change or delay of any aspect of the Event (including individual Wave time) by the Event organisers or prize suppliers.

Social Media Rules

28.    In entering the Promotion, you must also comply with the terms of use of any social media platform via which we conduct the Promotion.

29.    If the Promotion is conducted via the Facebook, Instagram or Twitter platforms:

a.       You acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook., Instagram or Twitter.

b.       You acknowledge that any information you provide in connection with the Promotion is provided to us (as the Promoter) and not to Facebook, Instagram or Twitter.

c.        Any questions, comments or complaints regarding the Promotion will be directed to us (as the Promoter), and not to Facebook., Instagram or Twitter.

d.       You release Facebook, Instagram, Twitter or their associated companies from all liability arising in respect of the Promotion.

General Stuff (boring but important)

30.    Entrants 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). You consent to be photographed (with potential nudity) and photographs will be used during the campaign on digital and social channels

31.    We accept no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. We have no control over telephone communications, social media functionality, social media owners, networks or lines and accept no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. We are not liable for any consequences of user error including (without limitation) any costs incurred.

32.    We may declare any or all of your entries invalid, and prohibit your further participation in this Promotion and/or the Event, if you:

a.       fail to verify your personal details and/or eligibility to enter the Promotion to our satisfaction;

b.       tamper with or benefit from any tampering with the entry process or the operation of the Promotion;

c.        submit an entry, which in our opinion is not in accordance with these Conditions of Entry;

d.       act in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person or make them feel uncomfortable;

e.       engage in any conduct which the Promoter or Event organisers consider, in their discretion, to be inappropriate in the circumstances; or

f.         engage in conduct in entering the Promotion which in our opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or us. This includes where you share receipts or product labels to enter the Promotion (where applicable) or where you use multiple names or addresses to register multiple entries.

33.    All entries will become our property on submission, and will not be returned.

34.    If for any reason any aspect of this Promotion or the Event does not or is not capable of running as planned, including by reason of weather conditions, safety risks, infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond our control which corrupts or affects the administration, security, fairness, integrity or safe or proper conduct of this Promotion, then we may (in our sole discretion) cancel, terminate, modify or suspend the Promotion and/or participation in the Event, or invalidate any affected entries.

35.    Our decisions in connection with the Promotion are final and no correspondence will be entered into.

36.    We and our associated agencies and companies, and the agencies and companies associated with this Promotion including Facebook, Instagram or Twitter, if the Promotion is conducted via the Facebook or Instagram or Twitter platforms), will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the maximum extent permitted by law).

37.    We and our associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

38.    We may, in our absolute discretion, prohibit an entrant’s participation in this Promotion, cancel or suspend a prize, or otherwise cease to provide any prize to a winner, if the entrant or winner (or any companion) is (in our opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively or in a manner which makes other Event participants uncomfortable, or behaves in a manner which may diminish our good name and reputation or that of our products and brands, or is contrary to law or is otherwise inappropriate.

39.    We accept no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, you agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

40.    We collect personal information in order to conduct the promotion and may disclose such information to third parties (including agents, contractors, service providers and prize suppliers) for that purpose. We may also use your information for marketing and promotional purposes. See our privacy policy at http://www.nudie.com.au/privacy-policy for full details.