WIN A TRIP TO BYRON BAY TERMS AND CONDITIONS

GENERAL: 
1) The Promoter of the Competition is The “Promoter” is Imbibe Living Water Kefir (ABN 49 602 292 053 ) of 2/7 Grevillea St Byron Bay NSW 2481, phone: (02) 6684 2140. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. 


WHO CAN ENTER:

 2) Entry is open to Residents of Australia only. Entrants must be over the age of 18, as of the date of entry. Excludes employees, board members and the immediate family members of the Promoter.


HOW TO ENTER:

3) To enter, individuals must visit https://imbibeliving.com/pages/win-a-trip-to-byron-bay and follow the prompts to the competition entry page, input the requested details including their full name, a valid email address and then, as instructed, submit the fully completed online entry form during the Promotional Period.


4) Entrant must be still meeting the requirements of entry upon drawing of the competition.


5) Entries not completed in accordance with these terms & conditions will be deemed invalid. Any incomplete or incomprehensible entries will be deemed invalid.


6) All entries and entry information received on the Imbibe Living (ABN 49 602 292 053) website or through social media advertising by will be shared with The “Promoter” to ensure entry into the prize offered by the Promoter. 


7) By entering into the competition, the entrant grants the Promoter permission to use, reproduce, communicate, publish their name for promotional and other related purposes without any payment or compensation to the entrant.


8) Entry in the Competition is free. The Promoter is not liable for internet connection charges and / or mobile data charges and service charges incurred by entrants in submitting an entry. The Promoter accepts no responsibility for any late, lost or misdirected entries including delays due to technical disruptions, network congestion or for any other reason. 


9) It is a condition of entry that entrants acknowledge that should they be drawn as a winner, they will be required to make their own way to and from 2/7 Grevillea St Byron Bay, NSW 2481 for the purposes of taking the prize. Imbibe will provide a $500 gift voucher for you to use on any airline of your choice.


10) The Promoter may request winners to provide proof of identity and age in order to claim the prize. Proof considered suitable for verification is at the discretion of the Promoter. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. 


 11) The Promoter’s decision in relation to any aspect of the competition is final and no correspondence will be entered into.



NUMBER OF ENTRIES PERMITTED:

12) Only one (1) entry per person will be permitted. Incomplete or indecipherable entries will be deemed invalid.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.


OPEN, CLOSE, DRAW AND PUBLISH DATES

13) Competition commences on Tuesday 29th October 2019 at 4pm Australian Eastern Daylight Savings Time (AEDT) and entries close on Saturday 1st February 2020 at 11.59pm (AEDT) (Competition Period).


14) One (1) winner will be randomly selected using an online randomiser tool by the Promoter.


15) The competition will be drawn Saturday 1st February 2020. The winner will be contacted by Imbibe through email within two (2) business days of the draw and their name will be published online at https://imbibeliving.com/pages/win-a-trip-to-byron-bay-terms-and-conditions, Imbibe's Instagram and Facebook page (from Saturday 1st February 2020) for 30 days. 


16) Prizes will be confirmed within 30 days of the draw.



17) If the winner cannot be contacted or does not claim the Prize within 14 days of notification, we reserve the right to withdraw the Prize from the winner and pick a replacement winner. Any unclaimed prizes will be drawn on 10th February 2020 using an online randomiser tool by the Promoter. Winners of any further draws will be notified by email within two business days of the draw. Their names will also be published online at https://imbibeliving.com/pages/win-a-trip-to-byron-bay-terms-and-conditions, Imbibe's Instagram and Facebook page for 30 days.




PRIZE ON OFFER


 18) The total prize pool is valued at up to $3000* (Including GST), as at 29th October 2019. *Based on typical industry pricing.


19)  One (1) winner will be randomly selected. The prize on offer are:

- 2 x Nights Stay in 28 Degrees 'Main Classic Room' with Kingsize Bed

- $50 Drinks Voucher for Raes on Wategos Cellar Bar

- 2 x Class Passes to Creature Yoga

- 1 x Double Pass to Nimbus Sauna (One Use Only for two people)

- 2 x 60 Minute Massages at Comma

- 2 x Level 1 Bespoke Facial Treatments from Aesthetica

- $100 Dinner Voucher at the Farm

- $500 gift voucher for flights

- 1 x Miracle Collagen 100g  


20) In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner. 


21) Spending money, additional meals, insurance, transport to and from your departure point to Byron Bay, items of a personal nature, in-room charges and all other ancillary costs are not included.


22) Travel dates must be between 1st March and 30th September 2020. Selected travel dates are subject to accommodation availability.


23) The winner of this prize is responsible to book their own flights, individual experiences and accommodation directly with the venues and airline of their choice. No accommodation dates or airfare dates can be guaranteed.


24) Imbibe will deposit $500 into the nominated winner's bank account details for the winner to choose and book their own flights and airport transfers at their discretion. 


25) The prize must be taken as stated and is not transferable, exchangeable or redeemable for cash. The Promoter will not be liable in the event that the winning entrant does not take, or is unable to use, the prize or any portion of it for any reason.   


26) The Winner and their selected companion must be over the age of 18 upon the selected travel date, hold valid passports at the time of the travel period. The Promoter is in no way responsible for any costs involved in gaining or renewing any travel or proof of identity documents.


27) By entering this competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of god, such as adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is travelling. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. Winner will be required to sign Indemnity as a condition of acceptance of Prize. The Promoter does not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered.


28) This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram and Facebook.


29) 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.In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may cancel, terminate, modify or suspend the Promotion.  


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 Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).


31) Compliance with any health or other government requirements is the responsibility of the prize winner and their travel companions. All prize travel will be subject to the carrier's General Conditions of Carriage. The Promoter and carrier make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including local government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade at www.smartraveller.gov.au. Prizes for travel for a particular event or attraction must be taken to coincide with the event or the times and dates during which the attraction is available. Travel insurance is not included in the prize but is highly recommended. 


32) 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.


(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; or (g) use of the prize.



FURTHER TERMS AND CONDITIONS

33) Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition. 


34) Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.


35) 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. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.


36) The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.


37) The Promoter reserves the right to request winners to sign a winner's deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.


38) The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.


39) The Promoter's decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner's nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.Privacy Collection statement


40) By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.


41) The Promoter and its related entities collect entrants' personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged to conduct the competition draw and for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at imbibeliving.com. You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, Imbibe Living Water Kefir (ABN 49 602 292 053 ) of 2/7 Grevillea St Byron Bay NSW 2481.Copyright, Statutory guarantees, Waiver and liability


42) All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.


43) In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.


44) Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.


45) The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use "scripting" is not permitted and will not be accepted.


46) Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.


47) Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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').


48) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is 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) use of a prize The Promoter (including its' officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter. 


COMPETITION PERMITS

49) Authorised under: NSW Permit No. LTPS/19/39436