Birthday Giveaway T&C 2024

How to enter 

11. Entrants may enter the competition by completing the competition entry form on the promotional website https://infamousswim.com.au/pages/birthday-holiday-giveaway. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.
12. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, “entry content” includes any content (including text) that entrants submit in connection with their entry into the Promotion.
13. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
14. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry, or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but is not limited, to entrants and households using multiple email addresses.
    
    

Number of Entries permitted 

15. One entry per entrant will be permitted on sign up, additional entries are permitted by following each step on the entry page.
    
    

Draw and Notification of winner 

16. The winner of the competition will be the first valid entry that is drawn by Infamous Swim representative by online random number selection, at Unit 5/533 Frankston-Dandenong Road, Dandenong South VIC 3175 Australia.
17. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
18. The winner will be notified by email and socials within 24 hours of the draw.
19. The prize will be awarded to the person named in the entry.
20. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
    
    

Prize on offer 

21. The total prize is up to value of $3000AUD (including GST). The winner of the $500AUD Infamous Wardrobe will be able to choose any items at marked prices from infamousswim.com.au.
22. The non-cash prize cannot be transferred, exchanged, or redeemed for cash.
    
    

Further Terms and Conditions 

23. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel, or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity, or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
24. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
25. If for any reason this competition is not capable of running as planned, including due to infection by computer viruses, bugs, tampering, unauthorised intervention, fraud, technical failures, or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
26. If an entrant uses any form of software or third-party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions, or enters using incorrect contact details, his or her entry will be deemed invalid. If such an entrant wins a prize, the entrant must immediately return the prize to the Promoter. The Promoter has sole discretion to determine whether an entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an entrant has breached this clause. Entrants must provide whatever documents the Promoter requires upon request.
27. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation.
28. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.
    
    

Copyright, Statutory Guarantees, Waiver, and Liability 

29. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed, or filmed during the winner’s participation in the prize to appear in connection with Infamous Swim or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
30. In the case of the intervention of any outside act, agent, or event that prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
31. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted, or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by an entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
32. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
33. All entries become the property of the Promoter. The Promoter collects personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.
34. All entries become the property of The Promoter. All entries will be entered into a database and The Promoter may use the entrant’s names and email address for future promotional, marketing, and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By entering this competition, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify, or delete the entrant’s details should be directed to The Promoter.
35. The Promoter collects information about you, including for example your name and email address which you provide when entering the competition. We collect and use that information to provide you with our goods and services and to promote and improve our goods and services. We may also use your information as described when we collect information from you. If you do not provide us with the requested information we may not be able to provide you with the goods and services you require. Where you have entered a competition, we may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. To request access to, or to update, personal information the Promoter holds about you, entrants can contact the office of the Promoter.