Wander where the WiFi is weak | Terms and conditions

“Memobottle Pty Ltd (PROMOTER)” “Wander Where The WIFI Is Weak” (PROMOTION)

 

TERMS AND CONDITIONS

  1. The following Terms & Conditions pertain to memobottle’s Wander Where The WiFi Is Weak (“Promotion”)
  2. Information on how to enter and the Prize forms part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
  3. Promotion commences on 28 June 2018 at 5:00pm AEST and final entries close at 11:59pm AEST on 12th July 2018 (“Promotion Period”).
  4. Entry is only open to Australian residents aged 18 and over during the Promotion Period. Individuals must have a valid Instagram or Facebook account in order to submit an entry.
  5. Employees (and their immediate families) of the Promoter, agencies and partners 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 1st cousin.
  6. To enter, individuals must:
    1. Head to the competition homepage to enter your name and email address
    2. Follow @memobottle on Instagram and tag a friend in any of the competition posts
    3. Comment on any competition post in 25 words or less why you want to get away

  1. Multiple entries are permitted, subject to the following: (a) each entry must be

unique; and (b) each entry must be submitted separately and in

accordance with entry requirements.


  1. The entrant with the most creative entry will win a Three Capes track getaway for 2 in Tasmania, valued at up to AU$2,000. Prize includes:
  • Three nights’ accommodation in cabins on track + Pennicott Wilderness Journey cruise departing Port Arthur.
  • Flight voucher valued at AU$600
  • Two memobottles of choice

  1. All travel is subject to availability at all times and may be dependent on select seat class with the airline or specific room category availability with accommodation partner.

  1. Travel is valid for 12 months from the date that the winner is announced..

  1. Redeeming the prize is conditional on acceptance of the terms and conditions of the nominated travel agency and the airline carrier in accordance with normal travel practices.

  1. Airline points will not be awarded and do not form part of the prize.

  1. Subject to the terms and conditions of the participating prize provider(s), if for any

reason the winner does not, once the prize has been booked, take the prize (or an

element of the prize) at the time stipulated, then the prize (or that element of the

prize) will be forfeited and will not be redeemable for cash.


  1. The winner may be required to present their credit card and or identification at check in.

  1. Prize is subject to the standard terms and conditions of individual prize and service

providers.


  1. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.

  1. The prize is not refundable or transferable.

  1. Any additional spending money, meals (other than those included) and any other

ancillary costs, including but not limited to insurance and any applicable insurance

excesses, transport to and from departure point, additional transfers and taxis, items

of a personal nature, in-room charges and all other ancillary costs which are not

listed in the travel prize package descriptions above are the responsibility of the

travel prize winner and his/her nominated traveling companions as incurred.


  1. It is the winner's responsibility to organise transport to/from the airport

departure/return point.


  1. Prize winner and travel companions must have valid travel insurance for their period

of travel, and must obtain this at their own cost.


  1. 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 submits an entry that is not in accordance with these Terms and

Conditions or who tampers with the entry process. Errors and omissions will be

accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its

rights at any stage does not constitute a waiver of those rights.


  1. Incomplete or indecipherable entries will be deemed invalid.

  1. 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.

  1. The Promoter will select one (1) winning entry amongst all eligible entries received via the competition website, Facebook, Instagram or LinkedIn, based on its creative merit, on 16 July 2018 at approx 12:00PM AEST. The Promoter reserves the right to post the winning entry on their Facebook page and Instagram account by sharing or regramming the winner’s post and tagging the winner in the process.

  1. This is a game of skill and chance plays no part in determining the winner. Each
    entry will be individually judged based on the creative merit of the entrant’s post. The
    Promoter’s decision in relation to all aspects of this Promotion is final and no
    correspondence will be entered into. The winner will be notified by the Promoter via email, a Facebook private message OR via and Instagram direct message within seven (7) days of the winner being selected, and will be sent instructions on how to redeem
    their prize. If a winner does not respond to the Promoter’s email, Facebook or Instagram
    post/message within seven (7) days of being contacted, that winner will be deemed
    to have forfeited their prize and the Promoter reserves the right to judge additional
    reserve entries in order to determine a winner and award the Prize. The Promoter is

under no obligation to award any unclaimed prize.


  1. Entrants and the winner acknowledge that the Prize is only valid within 12 months of

the winner being selected ie. until 16th July 2019.


  1. If the Promotion attracts an insufficient number of eligible entries, or if an insufficient

number of eligible entries are deemed by the Promoter as having enough creative

merit, the Promoter reserves the right to cancel the Promotion altogether and

withdraw from awarding the Prize.


  1. The Prize cannot be modified and must be taken as it is. The Prize is not transferable or exchangeable and cannot be taken as cash.

  1. When an entrant submits any materials via the Promotion including competition website submission, Facebook, Instagram or LinkedIn comments/messages, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

Entrants agree that they are fully responsible for the Content they submit. The

Promoter shall not be liable in any way for such Content to the full extent permitted

by law. The Promoter may remove any Content without notice for any reason

whatsoever. Entrants warrant and agree that: (a) they will not submit any Content

that is unlawful or fraudulent, or that the Promoter may deem in breach of any

intellectual property, privacy, publicity or other rights, defamatory, obscene,

derogatory, pornographic, sexually inappropriate, violent, abusive, harassing,

threatening, objectionable with respect to race, religion, origin or gender, not suitable

for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will

obtain full prior consent from any person who has jointly created or has any rights in

the Content, to the uses and terms herein; (d) their Content shall not contain viruses

or cause injury or harm to any person or entity; and (e) they will comply with all

applicable laws and regulations, including without limitation, those governing

copyright, content, defamation, privacy, publicity and the access or use of others'

computer or communication systems.


Without limiting any other terms herein, the entrant agrees to indemnify the Promoter

for any breach of the above terms.


  1. 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 an unlimited 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.


  1. 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 their sole discretion, to the fullest extent

permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or

cancel the Promotion, as appropriate.


  1. Any cost associated with this Promotion and the redemption of the prize is the

entrant’s responsibility. The cost associated with accessing the Internet is the entrant’s responsibility and is dependent on the Internet service provider used.


  1. 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, as well as any other implied warranties under

the ASIC Act or similar consumer protection laws in the State and Territories of

Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law

be excluded, including the Non-Excludable Guarantees, the Promoter (including their

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 and related to the prize.


  1. Except for any liability that cannot by law be excluded, including the Non-Excludable

Guarantees, the Promoter (including their respective officers, employees and

agents) is not responsible for and 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: (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; or (d) any variation in prize value to that stated in these Terms and

Conditions.


  1. As a condition of accepting the Prize, the winner must sign any legal documentation

as and in the form required by the Promoter and/or prize suppliers in their absolute

discretion, including but not limited to a legal release and indemnity form.


  1. The Promoter collects personal information in order to conduct the Promotion and

may, for this purpose, disclose such information to third parties, including but not

limited to agents, contractors, service providers and prize suppliers. Entry is

conditional on providing this information. The Promoter may, for an indefinite period,

unless otherwise advised, use the information for promotional, marketing, publicity,

research and profiling purposes, including sending electronic messages or

telephoning the entrant. Entrants should direct any request to access, update or

correct information to the Promoter whose Instagram account is being used for the

purposes of this competition. All entries become the property of the Promoter.


  1. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Policies which can be viewed at

http://www.facebook.com/policies, OR the Instagram Platform Policy, which can be

viewed at https://www.instagram.com/about/legal/terms, or the LinkedIn Platform Policy, which can be viewed at https://www.linkedin.com/legal/user-agreement.


  1. This Promotion is in no way sponsored, endorsed or administered by, or associated

with, Facebook, Instagram or LinkedIn. Entrants understand that they are providing their

information to the Promoter and not to Facebook, Instagram or LinkedIn. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter via hello.memobottle@theflank.com and not to Facebook, Instagram or Linkedin. Facebook, Instagram or Linkedin will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use/consumption of a prize), except for any liability which cannot be excluded by law.


  1. The Promoter is memobottle Pty Ltd (ABN 19168572218).