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WIN A VOUCHER AND SKIS
TERMS AND CONDITIONS
2. The Promoter is Brand Collective Pty Ltd ABN 34 098 742 628 of Level 2, Building 5, 658 Church Street, Cremorne VIC 3121 Australia (Promoter).
3. If you are an Eligible Person and satisfy all Entry Requirements, subject to these Terms and Conditions, you will be entered into the prize draw to win a prize (see paragraphs 5 and 6 below) ( Prize Draw or the Promotion).
4. Entries into the promotion open at 10:00am NZST on 3 July 2023 and close at 11:59pm NZST on 20 August 2023 (Promotional Period).
Eligibility and Entry
5. Entry to the Promotion is only open:
· to New Zealand Residents, aged 18 and above. For the purposes of these Terms & Conditions, “New Zealand Resident” means a person who resides in Australia at the start of the Promotion Period and who holds New Zealand citizenship or holds a New Zealand permanent residency visa but excluding employees (and their Immediate Family) of the Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)). Immediate Family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin (Eligible Persons); and
· during the Promotional Period, visit the Superdry Queenstown store located at 35 Beach Street, Queenstown, 9300, scan the QR code located in the Queenstown store and follow the prompts to the promotion entry page, input the requested details (including full name, email address, telephone number and postcode) and submit the fully completed entry form,
(collectively, Entry Requirements).
6. When an Eligible Person satisfies the Entry Requirement in paragraph5 above, that Eligible Person will be entered into the Prize Draw. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Prize Draw per Eligible Person. Multiple entries are not permitted.
7. There will be one (1) draw with one (1) winner drawn.
8. The total prize pool is valued (as at June 2023) is $1,099 inc GST and includes:
· one (1) gift card of NZ$500 to be used in a Superdry store in New Zealand or on the Superdry New Zealand online store; and
· lightly used Gilson branded skis used in Superdry promotion and marketing activities and currently on display at Superdry Queenstown store (please note that these skis are outside of the warranty period offered by Gilson and do not come boxed in Gilson packaging) valued at NZ$599.
9. Eligible Persons are not required to be present at the draw to win a prize.
10. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
11. The draw will be conducted by the Promoter or an authorised representative of the Promoter at 12.00pm NZST (being 2.00pm AEST in Melbourne, Australia), Level 2, Building 5, 658 Church Street, Cremorne VIC 3121 Australia on 22 nd August 2023 via a random number generator.
12. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The sharing of prizes is not permitted.
13. The prizes are not exchangeable or transferable for cash and all travel expenses including and not limited to flights, accommodation, and other expenses to redeem the prize will be borne by the winners.
14. In the event of war, terrorism, state of emergency, pandemic or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.
15. If the prize (or part of the prize) is unavailable for reasons outside the Promoter’s reasonable control, the Promoter, after having made reasonable attempts to reach agreement with the winner, but otherwise in its discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal or greater value and/or specification, subject to any written directions from a regulatory authority.
16. The prize must be picked up in person from the Superdry Queenstown store located at 35 Beach Street, Queenstown, 9300 within 14 days from the winner being notified of the win by the Promoter (unless otherwise agreed). Any costs associated with redeeming the prize are the sole responsibility of the winner. These costs are not included.
17. The Promoter’s decision is final, and no correspondence will be entered into.
18. All prizes outlined in the table below will be distributed in accordance with these Terms and Conditions.
19. The winner will be notified in writing via the contact details supplied by the Eligible Person when they enter the Promotion. The winner will be notified within two (2) working days after the winners are drawn.
20. If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all State and Territory regulatory authorities, the entry will be invalidated, and a further entry drawn at the same place as the original draw on 30 August 2023 in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied by the Eligible Person to the Promoter when subscribing to Promoter’s customer database at the Website) within two (2) working days of the draw and the winner’s name will be published on superdry.co.nz. This will continue until a valid winning entry is drawn.
21. 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. 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.
22. Incomplete or indecipherable entries will be deemed invalid.
23. 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.
24. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
25. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, and images (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 without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
26. As a condition of entering this promotion, each entrant licenses and grants the Promoter and their 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.
27. 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 a reasonable 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 in connection with the promotion.
28. 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. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
29. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
30. 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 Consumer Guarantees Act, Fair Trading Act 1986 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (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.
31. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are 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 of the prize/attendance at the prize event.
33. Entrants submit to the non-exclusive jurisdiction of the courts of Melbourne, Victoria Australia.