Competition Terms

Soda Shades & Billabong Photo shoot Promotion

 

Terms and Conditions

1. Entry to this promotion is deemed acceptance of these Terms and   Conditions. Headings in this document are included for ease of reference and do not affect interpretation in any way.
2. The Ts are SodaShades Pty Ltd, 18 Naxos Way, Keysborough VIC 3173 (ABN) 95 621 964 805) and GSM (Operations) Pty Ltd, trading as Billabong (ABN 67 085 950 803) of 1 Billabong Place, Burleigh Heads, QLD, 4220, telephone (07) 5589 9899. ( Hereafterreferred to as “The Promoters”)
3. This promotion is a Game of Chance and the winners will be decided by a random draw.

 

4WHO IS ELIGIBLE TO ENTER

 

4.1 Entry is open to Australian residents aged 18 years and over as of Tuesday the 23rd of March 2021.

4.2Employees (and their immediate families) of The Promoters 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 first cousin.

 

5.   HOW TO ENTER

5.1The competition starts at 7pm (AEDST) on Monday the 22nd of March 2021 and final entries must be received before 7pm (AEDST) on the 24thof March 2021. Any entries received after this time and date will be deemed invalid and ineligible to enter. All entries will be deemed to be received at the time of receipt by The Promoters, not the time of transmission by the Entrant. Records of The Promoters and their agencies are final and conclusive as to the time of receipt.

5.2One (1) entry into the draw will be received when you (a) LIKE the competition post on @sodashadesand (b) follow @sodashades and @billabong_womens_australia and (c) comment in the post tagging the friend that you want to win this prize with.

5.3Your entry will only be eligible if you continue to follow  @sodashades and @billabong_womens_australia

5.4.Entrants will receive one (1) extra entry into the draw when you share this post to your Instagram stories account and tag both @sodashades and @billabong_womens_australia

 

 

6.     THE PRIZE(S)

 

6.1There are three (3) individual prizes to be won.

6.2Eligible entrants drawn randomly as a winner will win two (2) economy airfares for themselves and a guest from their closest capital city airport to Melbourne airport (subject to clause 6.4), and two (2) night’s accommodation for two people in a single twin share room of a 3-Star hotel chosen by and at the discretion of The Promoters. The prize also includes one (1) photo shoot of the entrant and their guest by Soda Shades and Billabong co-founder Josh Miller and one (1) Billabong x StephClair Smith collection outfit of your choice for yourself and your guest up to the value of $67 each, and two (2) pairs of Billabong Collection Soda Shades up to the value of $75 each.

6.3The total prize pool for all three (3) winners and their guests is valued at up to AU$3000.

6.4PLEASE NOTE: If an entrant from Victoria is drawn as a winner the prize will not include any airfares or travel expenses or ancillary expenses but will include accommodation and prizes as described in clause 6.2.

6.5The photo shoot and prize fulfilment will take place on a date prior to the 25th of April 2021. The date will be decided at the sole discretion of The Promoters and is subject but not limited to weather contingencies and availability of key people required to fulfil the prize. The Promoters reservethe right at their sole discretion to cancel and reschedule the photo shoot and prize fulfilment at any time up to 72 hours prior to the agreed date.

6.6The winner(s) and their guest(s) are responsible for all other expenses including, but not limited to: spending money, meals, drinks (alcoholic/non-alcoholic), transfers to and from capital city airports, laundry charges, activities, incidentals, gratuities,services charges, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseencircumstances.

6.7The winners and their travel companions must depart from and return to the same departure point and travel together. The itinerary will be determined by The Promoters at their absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of third party individual prize and service providers. The winners or their parent/guardian or travel companions may be required to present their credit card at time of accommodation check in.

 

 

 

7. DETERMINATION AND ANNOUNCEMENT OF WINNERS

 

 

7.1Winners will be drawn randomly via an electronic draw at 7.15 pm on Wednesday the 24th of March 2021 (AEDST) at SodaShades Pty Ltd (ABN 95 621 964 805) at 18 Naxos Way, Keysborough, VIC 3173.

7.2Winners will be contacted within two (2) days of the draw.

7.3Winners names will be announced on www.billabong.com.au and www.sodashades.com five (5) days of the draw.

 

8.CONDITIONS OF ACCEPTANCE OFPRIZE(S)

 

8.1The Winner(s) and their guests must be available to attend the photo shoot at the time specified by The Promoters. In any instance of rescheduling the photo shoot subject to 72 hours notice at The Promoters sole discretion the winner(s) and their guest(s) must be available to attend at the revised

date.

 

8.2A nominated parent/guardian must accompany any person(s) under 18 years of age at all times while taking the prize.

8.3The Winners and their guests indemnify The Promoters completely from any actions arising from, accepting the prize including, but not limited to, disputes and legal actions.

8.4If for any reason the winner does not take the prize (or an element of the prize), or is not available if the prize date and time has been rescheduled then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.

8.5The Promoters reserve 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 Promoters have 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 their sole discretion. Failure by The Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoters legal rights to recover damages or other compensation from such an offender are reserved.

8.6As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the ThePromoters and/or prize suppliers in their absolute discretion, including but not limited to legal releases and indemnity forms

8.7The prize will be awarded to the individual deemed by The Promoters to be the rightful recipient at The Promoters sole discretion. If there is a dispute as to the identity of an entrant, The Promoters reserve the right, in their sole discretion, to determine the identity of the entrant.

8.8Unless expressly stated as being included in the Prize, all other costs and expenses associated with taking the Prize become the responsibility of Winner including but not limited to all other incidental and ancillary costs incurred by Winner/s as a direct or indirect result of taking the Prize.

8.9All aspects of a Prize must be taken together as a package within the timeframes allocated and at the discretion of The Promoters. If for any reason a Winner does not (or is unable to) take their Prize or an element of their Prize at the time stipulated by The Promoters, they forfeit their Prize or that element of their Prize and no compensation or substitute will be offered.

8.10Winner/s should seek independent financial advice at the Winner’s sole expense regarding any tax implications relating to the Prize or acceptance of the Prize.

8.11The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash or product.

8.12If the prize (or part of the prize) is unavailable, The Promoters, in their discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

8.13By accepting a Prize, Winner/s agree that:

a) if requested by The Promoters the Winner/s will provide comments about the Promotion and/or a photo or audio-visual clip of themselves; and

i. provide comments about the Promotion and/or a photo or audio-visual clip of themselves; and

ii. participate in any promotional activity in connection with the Promotion or the Prize;

b) The Promoters may use their name, image, comments, photographs or audio-visual clips (Materials) for publicity and promotional purposes in any form of media, without reference or compensation to the Winner/s or any other person;

c) The Promoters may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;

d) The Promoters may license, authorise or otherwise transfer the rights in the Materials to others to do the same; and

e) the Winner/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

8.14As this prize is fulfilled by a third party supplier to the Winner(s) and their Guests, The Promoters accept no responsibility or liability for any delay or failure by the third party to deliver the Prize or service, any delay or failure relating to the Prize itselfincluding but not limited to failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise.

 

9.   LIMITATION OF LIABILITY

9.1This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, or any other Platform. Eligible persons understand that they are providing their information to The Promoters and not to Facebook, Instagram, Twitter, or any other Platform. The information an Eligible Person provides will only be used for the purposes outlined in these Conditions. Any questions, comments or complaints about this Competition must be directed to The Promoters and not to Facebook, Instagram, Twitter, or any other Platform.

9.2Nothing 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 2010, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar State and Territory consumer protection laws (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, The Promoters, their associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Promotion or the Prize/s.

 

9.3Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, The Promoters, their associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) is not responsible for and excludes all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of:

a) any technical difficulties or equipment malfunction (whether under The Promoters control);

b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion;

c) any delays or failures in any telecommunications services or equipment;

d) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction, unauthorised access or third party interference;

e) any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, altered, damaged or misdirected (whether after their receipt by The Promoters) due to any reason beyond the reasonable control of The Promoters;

f) any variation in Prize value to that stated in these Terms and Conditions;

g) any tax liability incurred by a Winner or Entrant;

h) if a Prize or any part of a Prize is unavailable for any reason; or

i) use of the Prize/s.

 

`9.4       If a Prize or service related to the prize is to be delivered directly to a Winner by a third party supplier, The Promoters accept no responsibility or liability for any delay or failure by the third party to deliver the Prize or service, any loss or damage to the Prize or property, any delay or failure relating to the Prize itself or failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise.

 

9.5 In the event of war, terrorism, viral outbreak (epidemic or pandemic) that results in a stateor border or suburb lockdown, state of emergency or disaster, The Promoters and their Prize supplier(s) reserve the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

 

9.6 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 Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, The Promoters reservethe right, in their 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.

 

10.  COLLECTION AND USE OF YOUR PERSONAL INFORMATION

 

 

10.1The Promoters collect personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to related bodies corporate, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. In particular, The Promoters will disclose such PI to Billabong and SodaShades who will also subscribe entrants to their electronic marketing messages and who will use and handle PI as set out in it’s Privacy Policy which can be viewed at au.billabong.com and  sodashades.com.   The Promoters will also use and handle PI as set out in their Privacy Policies, which can be viewed at  au.billabong.com and sodashades.com.  In addition to any use that may be outlined in The Promoters Privacy Policy, The Promoters may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Each Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Entry is conditional on providing the requested PI. All entries become the property of The Promoters Unless otherwise indicated by The Promoters, The Promoters may disclose personal information to other entities outside of Australia (for a list of the countries, see The Promoters Privacy Policies).