Terms and Conditions
Promotion
Promoter
Adventure Entertainment Pty Ltd ABN 79 612 294 569
21 Prince Alfred Parade, Newport NSW 2106 0413 183 804
toby@adventureentertainment.com
www.adventureentertainment.com
Promotional Period
Start Date:
12pm AEST Monday, 15 October 2023
End Date:
12pm AEST Monday, 11 December 2023
Prize Pool
Major Prize Pack
There and Back – Jimmy Chin Photo Book – $89.99
Arcade Belts – $44.95
Helly Hansen Beanie – $60
Helly Hansen Cap Blue $40
GME Personal Locator Beacons – $400
Mountain Designs Duffle Bag – $79.99
Swiss Army Knife $72.95
Total Prize Pool
$790+
Relevant States and Countries
Entrants
Type of Promotion
Entry Procedure
To enter and be eligible:
- Entrants must, during the Promotional Period, purchase a ticket to the TGR ‘Legend Has It’ Film Tour from tetongravity or a participating cinema.
- Entrants must complete and submit the online entry form at https://tetongravity.com.au/win/ which can be accessed via QR code at the TGR ‘Legend Has It’ screenings.
- Entrants will be required to provide all mandatory information that may include but is not limited to, the Entrant’s full name, residential address, age, date of birth, title, gender, email address, contact telephone number, and proof of purchase;
- All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. All entries are final.
Winner Selection Criteria
This is a game of skill and chance plays no part in determining the winner. The judging and selection of the winner(s) will be conducted by judge(s) selected at the discretion of the Promoter.
The judge(s) will select the winning entry or entries from the valid entries received during the Promotional Period. The judge(s) may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry, ineligible Entrant or a prize being rejected or not collected.
Each entry will be judged at the sole discretion of the judge(s) based on creativity, originality and overall stand-out of the entry.
Each prize will be awarded to a different person. Entrants are only eligible to win one prize in the pool each.
Determination Date
The Prize will be determined by the Promoter at Newport, Sydney, on 12pm AEST Friday, 15 December 2023.
Redemption Period
The Winners will have 14 days from the Determination Date to accept their Prize by providing valid identification documents (such as driver’s license, passport, ID card) to verify their identity.
Privacy Policy
- Terms and Conditions: Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion (including submitting an entry) is deemed acceptance of these Terms and Conditions.
- Promotional Period: The Promotion Period commences on the Start Date and concludes on the End Date, as particularised in the Schedule.
- Eligibility: Entrants must meet the Eligibility Conditions specified in the Schedule.
- Verification of entries: 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 has not met or does not meet the Eligibility Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- How to enter: To enter and be eligible, Entrants must, during the Promotional Period, satisfy the Eligibility Conditions and correctly submit an entry in accordance with the Entry Procedure, as particularised in the Schedule. All entries will be deemed accepted at the time that they are received by the Promoter, and not at the time of transmission or submission.
- Game of skill: The Promotion is a game of skill. As such, the winners of the Prizes (Winners) will be selected based on the Winner Selection Criteria and at the sole discretion of the Promoter.
- Expenses: Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using a Prize.
- Prize: The Prizes will be awarded in the name of the winning Entrants, in accordance with these Terms.
- Winning Entrant: The winning Entrant(s) will be notified through email within 48 hours of the Determination Date.
- Determination of Winner is final: The Promoter will determine the Winner in accordance with the Winner Selection Criteria, on or about the Determination Date. The Promoter’s determination of the Winner is final and no correspondence will be entered into with any Entrant regarding the determination. The Prizes will be awarded in the name of the Winner and cannot be transferred or assigned to anyone else.
- Cash Redemption: The Prizes are not transferable and not redeemable for cash.
- Redemption Period: If the Winner does not claim the Prizes within the Redemption Period, the Prize will be deemed to be forfeited by the Entrant and the Promoter may, but is not obliged to, determine another Winner in accordance with the Winner Selection Criteria.
- Unavailable Prize: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, substitute the Prize with a prize of equal value and/or specification.
- Invalid entries: In the event that a Winner’s entry is deemed or found to be invalid, the Promoter may determine another Winner in accordance with the Winner Selection Criteria.
- Non-Excludable Guarantees: 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 2010 (Cth) or Consumer Guarantees Act 1993 (NZ) as applicable, as well as any other implied warranties or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
- Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions or otherwise for any special, indirect or consequential loss or any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, however arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), to the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of any and all liability (including but not limited to all expenses, costs, damages, claims, and losses) arising in any way out of or in connection with:
- any breach of these Terms and Conditions by the Entrant;
- a matter arising out of clause 19;
- any personal injury or loss;
- claiming the Prize;
- use of the Prize in any way;
- any theft of any Prize or unauthorized access or third party interference in the Promotion;
- any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
- any tax liability incurred by a Winner, except to the extent such liability is caused or contributed to by the Promoter’s negligent acts or negligent omissions.
- Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure Event, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant with the Prize (or any part of it), the Promoter may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been canceled, terminated, modified or suspended. Force Majeure Event means any event or circumstance beyond the Promoter’s reasonable control includes but is not limited to epidemics, pandemics and Government sanctioned restrictions and orders, whether known or unknown at the Start Date of this Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure Event. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- Ineligible entries: The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
- Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address associated with the relevant Instagram account. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the social media account associated with the entry.
- Personal Information: The Promoter collects personal information from Entrant’s or third parties so that it can conduct the Promotion and for other purposes set out in its Privacy Policy. The Promoter may disclose this personal information to third parties, including the partners of the RunNation Film Festival and suppliers of the prizes in the Prize Pool including NNormal, Trail Trips & Events, Fully Rad, Wild Earth, Thermos, Smartwool, Outer Limits ,Noosa Ultra Trail, and their employees, contractors and related entities, third party service providers that provide services to the Promoter (including IT service providers, marketing and advertising providers and website analytics suppliers), or if the Promoter is required to disclose personal information by law and as otherwise set out in the Promoter’s privacy policy. Where the Promoter discloses personal information to third parties listed in its privacy policy, these third parties may store, transfer or access personal information outside of Australia or New Zealand. If the Entrant does not provide its personal information to the Promoter, the Entrant may not be able to participate in the Promotion. The Promoter’s Privacy Policy contains further information about: (i) how the Promoter stores and uses personal information; (ii) how individuals can access and seek correction of their personal information; (iii) how an individual can make a privacy-related complaint; and (iv) the Promoter’s complaint handling process. By providing personal information to the Promoter, the Entrant acknowledges that the Promoter will collect, hold, use and disclose the Entrant’s personal information in accordance with the Promoter’s Privacy Policy.
- Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of any website associated with the Promotion (Site), or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- Linked Sites: The Site or platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
- Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform, including Instagram. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, and Twitter. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the promotion.
- General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any Australian or New Zealand regulatory authority.
- Jurisdiction: These Terms and Conditions are governed by the laws of the States and Countries in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts in New South Wales.
- Disputes: A party may not commence court proceedings relating to any dispute arising from these Terms (Dispute) without first meeting with the other party to (in good faith) resolve the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the matter to a mediator. The parties agree to attend the mediation in good faith. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court.
- Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including a Winner) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including a Winner), whether oral or in writing.
- Representations: To the maximum extent permitted by law, the Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
Last updated: 26 October 2023