TERMS AND CONDITIONS
This competition is a game of skill and is open only to those who meet all the entry requirements as stated in clause 4.
The Competition is open to legal residents of USA, Canada, Europe, United Kingdom, Japan, South Korea, Australia and New Zealand except if a person wishing to enter the competition is prohibited to do so by law of the country of the person’s residence or if the law of the country of the person’s residence prohibits the Promoter running the competition. Entrants must be at least 18 years old at the time of entry. Employees of the Promoter and any other companies associated with the promotion and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the competition.
The Promoter does not accept responsibility for lost, misdirected or delayed entries. The Competition is governed by and construed in accordance with the laws of Victoria, Australia.
2. Agreement to the Rules:
By participating, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Promoter, as final and binding as it relates to the content and interpretation of these Rules.
3. Competition Period:
Entries will be accepted online starting on or about October 1st, 2018 at 12:00 AM (AEDT) and ending November 30th, 2018 at 11:59PM (AEDT). All online entries must be received by November 30th, 2018 at 11:59PM (AEDT). Relevant time zone of reference is Australian Eastern Daylight Time (AEDT).
4. How to Enter:
The Competition must be entered by following the following steps. The entrant must:
- (i) Follow EMU Australia’s Instagram account (@EMUAustralia)
- (ii) The entrant must post a photo on their Instagram account wearing a pair of EMU Australia footwear in their city/favourite place or store of purchase.
- (iii) They must also tag @emuaustralia and hashtag #emutravels2018 (Optional Additions are to tag where purchased and tag a friend and #city and/or #location in their post).
No new purchase of EMU Australia product is necessary to enter the competition.
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 Rules or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
By entering this competition each entrant confirms that his/her entry is their wholly-owned creation and, to the extent that such entry makes use of any third party materials, that these have been fully cleared unless they are no longer protected by copyright or other intellectual property rights.
The prizes include weekly prizes and one grand prize. There will be a total of 9 weekly prizes – one per week for the duration of the competition. The weekly prize will be a pair of EMU Australia footwear as agreed by the winner and EMU Australia, subject to availability. Weekly winners will be contacted on Tuesday of the following week.
The grand prize (‘The ULTIMATE Travel Pack’) has an approximate recommended retail value of $3,500.00 AUD. The prize includes;
- 1x Nikon D5600 DSLR
- 1x JBL T450BT Headphones
- 1x JBL Flip 4 Waterproof Portable Bluetooth Speaker
- 1x Samsonite Cosmolite 3.0 55cm
- 1x Samsonite Cosmolite 3.0 75cm
- 1x Kikki K travel notebook
- 3x pairs of EMU Australia footwear
The winner of The ULTIMATE Travel Pack will be notified on 4th December, 2018 AEDT. In the event of unforeseen circumstances, the Promoter reserves the right a) to substitute alternative prizes of equivalent value and b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.
7. Additional Prize Details:
You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Entrants may submit as many entries as they wish, but no entrant may win more than one minor prize. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Promoter and may vary and be substituted with a similar prize of similar value depending on availability. No cash or other prize substitution is permitted except at Promoter's discretion. The prize is personal to the winner and nontransferable.
No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted.
Acceptance of prize constitutes permission for the Promoter to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
The Promoter shall have no liability for a winner's failure to receive notification due to winners' spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 14 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner may or may not be selected. The receipt by winner of the prize offered in this Competition is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT PROMOTER'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE COMPETITION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Promoter's Discretion:
The Promoter’s decision is final. No correspondence will be entered into.
9. Participant Obligations:
By entering, each entrant agrees to defend, indemnify, release and hold harmless the Promoter and all other entities associated with the competition from and against any and all losses, demands, damages, rights, claims, actions, and liabilities of any kind arising out of or related to entrant’s participation in the Competition. The prize winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Competition or use or redemption of the prize. Any disputes shall be held in the courts of Victoria, Australia. All taxes are the responsibility of the Prize winner. Entrants, by participating agree that the Promoter and all other entities associated with the Competition will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in the whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in this Competition.
10. Rights Granted by you:
By entering this Competition you understand and agree that the Promoter, anyone acting on behalf of the Promoter or its respective licensees, successors and assignees will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Competition, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
For the avoidance of doubt, all entries become the property of the Promoter and by entering into this Competition each entrant immediately upon uploading assigns all of their rights, title and interest (including copyright) in and to their entry to the Promoter. If in the opinion of the Promoter an entry contains material that may be offensive, disparaging or generally negative (as determined by the Promoter in its sole discretion) the Promoter has the right to request the entrant and the authority of the entrant to request the relevant host to remove such material from the entrant’s personal social media channels and the entrant must comply with that request as soon as possible.
Each entrant warrants to the Promoter that each entry submitted is an original work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter and all other entities associated with the Competition against all loss, damages, costs and claims arising from a breach of this warranty and for not complying with the Promoter’s request to remove offensive, disparaging or negative material from the entrant’s personal social media channels.
Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
The Promoter reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Competition should a virus, bugs, non- authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the competition. In such case, the Promoter may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Promoter. The Promoter reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Rules.
The Promoter has the right, in its sole discretion, to maintain the integrity of the competition, to void votes for any reason, including, but not limited to, multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by Competition rules or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws and should such an attempt be made, the Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.
The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including but not limited to other entrants, agents, contractors, service providers, and prize suppliers.
12. Limitation of Liability:
By entering the Competition you agree to release and hold harmless the Promoter and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability for any illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from
- (i) such entrant's participation in the competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof,
- (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software;
- (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service;
- (iv) unauthorized human intervention in any part of the entry process or the competition;
- (v) electronic or human error which may occur in the administration of the Competition or the processing of entries.
Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees, agents and all other entities associated with the Competition) 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 tax liability incurred by a winner or entrant; or
- (e) use of a prize.
The competition is governed by and construed in accordance with the laws of Victoria, Australia. As a condition of participating in this Competition, the entrants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this competition shall be resolved individually, without resort to any form of class action, exclusively before a court located in Victoria, Australia. Further, in any such dispute, under no circumstances will the entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this competition), and participant further waives all rights to have damages multiplied or increased.
- USA: http://www.emuaustralia.com/us/privacy-policy.html
- CA: http://www.emuaustralia.com/ca/privacy-policy.html
- EU: http://www.emuaustralia.com/eu/en/privacy-policy.html
- DE: http://www.emuaustralia.com/eu/de_DE/privacy-policy.html
- UK: http://www.emuaustralia.com/uk/privacy-policy.html
- AUS: http://www.emuaustralia.com.au/customer-service/privacy-security/privacy-policy.html
- NZ: http://www.emuaustralia.com/nz/privacy-policy.html
- HK: http://www.emuaustralia.com/hk/privacy-policy.html
- KR: http://www.emuaustralia.com/kr/privacy-policy.html
- CN: http://www.emuaustralia.com/cn/privacy-policy.html
- JP: http://www.emuaustralia.com/jp/privacy-policy.html
The Promoter of the Competition is EMU (Aust) Pty Ltd, 72 Barwon Terrace, South Geelong, Victoria 3220 Australia.
16. Administration of Competition:
This Competition is in no way promoted, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Youtube, Pinterest, LinkedIn or Google. All entrants acknowledge and understand that they are providing their information to the owner of this Competition and not to Facebook, Twitter, Instagram, Youtube, Pinterest or Google.
The Promoter's decision on all matters pertaining to this Competition and interpretation of these Rules is final.