Red Bull Australia #ThisSummer Competition
Competition Rules and Conditions of Entry
These Competition Rules and Conditions of Entry constitute the entire agreement between Red Bull Australia Pty Ltd (ABN 67 085 840 259) (the “Promoter”) and each competitor (“Participant”) (“Agreement”) in relation to their participation in the #ThisSummer Competition (the “Competition”).
The Promoter is holding the Competition during the month of August 2015 throughout Australia.
By entering the Competition each Participant expressly accepts all risks associated with their involvement with the Competition. Each Participant acknowledges that such acceptance is a condition precedent to participating in the Competition, and accepts and agrees to the following terms and conditions.
1.In consideration of the Promoter accepting the Participant’s Entry and allowing them to compete and/ or participate in the Competition, along with the Participant’s chance to win the Competition prizes, the Participant must fully and unconditionally agree, acknowledge and accept these Competition Rules and Conditions of Entry.
2.Participation in the Competition is deemed to be an acceptance of these Competition Rules and Conditions of Entry. The Promoter reserves the right to amend these Competition Rules and Conditions of Entry at any time without prior notice. Any amendments to the Competitions Rules and Conditions of Entry will be posted on the Competition Webpage as defined in Condition 6(1).
3.The Competition will be conducted from 5.00pm (AEDST) on 7 August 2015 until 11.59am (AEST) on 10 August 2015 (“Competition Period”). Entries into the Competition will be chosen by a panel of appropriately qualified judges appointed by the Promoter (“Judging Panel”) at the Promoter’s premises by 5.00pm on 11 August 2015 (“Judging”). Entries must be received by the Promoter during the Competition Period to be eligible for the corresponding Judging. The winner will be sent the package by postage within five (5) days of Judging. All reasonable steps to notify the winner of the results of the Judging will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. Competition Period and Judging are as follows:
4.Entry into the Competition is open only to Australian residents aged 16 years or older who, in the event that they are judged and in order to be declared a winner, are able to participate in the Prize as set out in Conditions 17 –21 (“Participants”). These Competition Rules and Conditions of Entry will bind the Participants.
5.The directors, management and employees (and their immediate families) of the agencies or companies associated with the conduct of this Competition, are ineligible to enter the Competition.
HOW TO ENTER
6.To enter the Competition, Participants must, during the Competition Period:
(1) go onto the competition Webpage on redbull.com.au (Competition Page), fully and correctly complete and successfully submit the online entry form in the manner required with their first name, last name, email, date of birth, gender, and valid postal address, (2) have their entry accepted as a valid entry (together, an Entry).
7.The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity, will not be accepted as an eligible Entry into the Competition. This includes, but is not limited to, any Entry, which the Promoter considers to be disparaging of its products and/or services or is otherwise not in keeping with the spirit of the Competition.
8.Participants may enter as many times they want, however each Entry must be submitted separately, must be substantially unique and must independently comply with these Competition Rules and Conditions of Entry.
9.Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, incorrect, indecipherable, or illegible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by a Participant via the Competition Page and/or Application will deem an Entry invalid.
10.The use of any automated Entry software or any mechanical, electronic or other means that allows a Participant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Participant invalid.
11.Eligible Entries received by the Promoter will be judged by the Judging Panel. The winner will be determined by the Judging Panel in its sole discretion and their decision is final and no correspondence will be entered into. This is a game of skill and chance plays no part in selecting the winner. The Judging Panel will judge eligible Entries based on the time entering the competition.
12.Competition Winner: the (1000) eligible Entries judged to be the best from all Entries received in the Competition Period, as set out in Condition 3, will be deemed to be the winner for the Competition. The Promoter reserves the absolute right to change or increase the number of Competition Winners without notification.
13.In the event that a Competition Winner is unable to be contacted within the timeframe required by the Promoter as set out in Condition 3, the Promoter reserves the right to select a replacement Participant judged to have submitted the next best eligible Entry from all remaining Entries in the applicable Competition to become a Competition Winner in place.
14.A Competition Winner must comply with all conditions of use of the applicable prize and prize supplier’s requirements. It is a condition of accepting a prize that a Competition Winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
15.A Competition Winner must, in the timeframe required by the Promoter in its sole discretion, provide all details requested by the Promoter to verify their Entry, otherwise they will be ineligible to be deemed a Competition Winner. In the event a Competition Winner is unable to provide all details requested by the Promoter to its satisfaction in the manner and timeframe required or is otherwise deemed ineligible to participate in the Competition, the Promoter reserves the right to select a replacement Participant judged to have submitted the next best eligible Entry from all remaining Entries to become a Competition Winner.
16.The Competition Winners will be awarded the following;
- One packaged can of Red Bull Summer Edition valued at $2.50.
17.As a condition of accepting and participating in #ThisSummer, the Competition Winners and their companion (if any) acknowledge and agree that the Promoter or its agents may film, photograph and record the Competition Winner and their companion (if any) during the course of their participation in #ThisSummer and that such footage will be the property of the Promoter and may be edited.
18.A Competition Winner and their companions (if any) must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the Competition Prize.
19.The Promoter reserves the right in their absolute discretion to cancel, change or amend #ThisSummer without notice. The Promoter accepts no responsibly for the cancellation or the delay of the Events for any reason beyond the control of the Promoter.
20.Participants can only enter in their own name. Participants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Competition and all Entries of a Participant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Participant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Participant’s identity, age, residential address, eligibility to enter and claim prizes, and any information submitted by the Participant in entering the Competition, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or a Participant or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Participant will be ineligible and deemed invalid. The Promoter reserves the right, at any time, to disqualify any Participant who submits an Entry that is not in accordance with these Competition Rules and Conditions of Entry, tampers with the Entry process or interferes with the Competition.
21.Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Competition Website, the information on the Competition Website, the Competition Page, and/or the Application, or to otherwise undermine the legitimate operation of this Competition 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 Competition Rules and Conditions of Entry or any other legal obligation by a Participant, the Participant agrees to indemnify the Promoter for those losses, damages and costs.
22.Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
23.The Promoter’s decision in all matters relating to the Promotion shall be final, and no correspondence will be entered into, including in the event of a dispute.
24.If for any reason this Promotion is not capable of running as planned, the Promoter reserves the right in its discretion to modify the terms of the Promotion including the prizes, these Conditions of Entry and to postpone, cancel or amend the Promotion without compensation to any Participant or third party.
25.The Promoter, in their absolute discretion, at all times reserve the right to:
(1) change the format of the Promotion for any reason including but not limited to number of entries, time constraints or any unforeseen incidents; and
(2) cancel the Promotion.
26.If the Promotion is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
27.The Promoter, at its absolute discretion, may disqualify any Participant that does not comply with these Competition Rules and Conditions of Entry.
28.The Promoter’s decision and that of the Judging Panel appointed by the Promoter in all matters relating to the Competition is final, and no correspondence will be entered into, including in the event of a dispute.
29.All Competition Winners agree to participate in any news media activities surrounding the Competition if required by the Promoter. It is a condition of entry that all Participants agree to their Entry, image and/or voice, and likeness as recorded, photographed or filmed during the Competition (including but not limited to as part of the Competition), may be broadcast or published by the Promoter or its related entities worldwide in any media, including but not limited to television, radio, internet, newspapers, magazines, or any other advertising, marketing or publicity purposes in connection with the Competition or any future event in perpetuity and throughout the world without additional compensation or further consent being obtained. Participants consent to any use of the above-created materials in a way that may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
30.Any cost associated with accessing the Competition Website, Competition Page, Application and/or participating in the Competition (including, inter alia, transport and associated costs) shall be the individual Participant’s sole responsibility. Any tax liability arising as a result of accepting any prize is the responsibility of the relevant Participant. Independent financial advice should be sought.
31.The Promoter, in its absolute discretion, at all times reserves the right to prevent any Participant from participating in the Competition if, at any time, they reasonably believe that the Participant poses a safety risk or for any other reason, including but not limited to, acting in a manner which is likely to bring the Promoter into disrepute, or is likely to cause harm to Participants, the Promoter’s employees, contractors or volunteers, or any other third party.
32.Without in any way limiting any other provision in these Competition Rules and Conditions of Entry, and except for any liability that cannot be excluded by law, the Promoter and any Event organisers (including their respective officers, employees and agents) exclude 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 Competition, including, but not limited to, where arising out of the following: (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 Competition Rules and Conditions of Entry; (e) if the Competition is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a prize winner or Participant; (g) participation in the Competition; or (h) use of, or participation in a prize.
33.As a condition of entering or participating in the Competition or taking a prize, Participants and their companion (if any) must sign any legal documentation as and in the form required by the Promoter / prize supplier / Event organisers in their absolute discretion including but not limited to a legal and talent release and indemnity form and associated consents/releases.
34.If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Competition Rules and Conditions of Entry, the Promoter will not be liable for any failure to perform or delay in performing its obligation and the Promoter reserves the right (subject to any applicable law) to cancel, terminate, modify or suspend the Competition (or any Event) or modify its format and/or award alternative prize(s) to the same value as the original prizes.
36. These Competition Rules and Conditions of Entry are governed by the laws of New South Wales, Australia and references to times are references to the time in Sydney, Australia (AEST).
37.Promoter: Red Bull Australia Pty Ltd ABN 67 085 840 259 of 55 Doody Street, Alexandria NSW 2015.