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Competition terms and conditions
1. Preliminary
(a) This document governs a competition being conducted by TJ Swimwear Pty Ltd ABN 79617895379 of Unit 6, 171-173 Kingsgrove Rd, Kingsgrove, NSW, 2208, Australia (we, us, our).
2. Entrants
2.1 Eligibility
(a) Entry into the competition opens at 9:00 am, 20th Sep 2023, and closes at 8:00am, 27th Sep 2023 AEST
(b) Entry is free and is only open to persons who, at the time of entry:
(i) are residents of Australia;
(ii) are aged 18 years or more;
(iii) have submitted an email address, phone number and completed the Giveaway entry form.
(c) By entering the competition, you warrant that you meet the entry requirements and accept the terms and conditions contained in this document.
(d) A person is only eligible to enter the competition once.
(e) Our employees (and immediate family members of our employees) are not eligible to enter.
(f) We may, in our sole discretion, withhold the prize until the winner provides us with reasonable proof of residency and age.
2.2 Disqualification
(a) We may, in our sole discretion, disqualify the following entries from the competition:
(i) Entrants who do not comply with the eligibility requirements specified in clause 2.1(b).
(ii) Entrants who do not produce reasonable proof of residency or age to our satisfaction (in its sole discretion).
(iii) Incomplete or incomprehensible entries.
(iv) Any entrant who we have reason to believe has breached this document or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition.
(b) We will not be responsible for lost, late or misdirected entries.
3. Draw (game of chance)
(a) We will draw the winner at 8:00 am on 27th September 2023 at Unit 6, 171-173 Kingsgrove Rd, Kingsgrove, NSW, 2208 via electronic barrel draw. The competition does not involve a round in which players are eliminated. Each entry will have a random and equal chance of being drawn.
(b) We will notify the winner by email within 1 hour of the draw.
(c) We may publish the winner’s name on our website and via our social networks.
(d) If the winner does not claim the prize within one month after we give them notice, we will redraw a new winner. We will conduct the redraw and notify the winner in accordance with clauses 3(a), 3(b) and 3(c).
4. Prize
(a) There will only be one prize for the winner of the competition.
(b) The prize will be:
(i) The entire 'Sweet Escape' collection drop. This includes one item of each style and colour from the 'Sweet Escape' collection drop.
(c) We will not be liable for any variation in the prize value.
(d) The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
5. Privacy
(a) In this clause 4, “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(b) By entering the competition, you agree that we may use or disclose any Personal Information you disclose to us for:
(i) the primary purpose of conducting the competition (Primary Purpose);
(ii) any purpose secondary to the Primary Purpose; and
(c) We will handle your personal information in accordance with our privacy policy available at https://tjswim.com/pages/privacy-policy
6. Liability
(a) To the full extent allowed by law, our liability for breach of any term implied into this document by any law is excluded.
(b) We will not, under any circumstance, be liable for any indirect, incidental, special or consequential damages or loss of profits.
7. Early cancellation of the competition
(a) If, for any reason (in our opinion, which is final), we are not able to run the competition as planned, including, but not limited to, infection by a computer virus, bug, tampering, unauthorised intervention, technical failures, security breach or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the competition, we may, in our sole discretion, cancel, terminate, modify or suspend the competition subject to any applicable legislation.
(b) In the event of war, terrorism, state of emergency, disaster or any other circumstance beyond our control, we may, subject to applicable legislation, cancel, terminate, modify or suspend the competition.
8. General
8.1 Amendments
We may, in our sole discretion, vary these terms and conditions from time-to-time.
8.2 Entire agreement
This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
8.3 Jurisdiction
(a) This document is governed by the law in force in New South Wales, Australia (Jurisdiction).
(b) Each party submits to the exclusive jurisdiction of the courts of the Jurisdiction and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this document.
(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within the Jurisdiction.
8.4 No merge
No right or obligation of any party will merge on completion of any transaction contemplated by this document.
8.5 Severance
Any provision of this document that is illegal, void or unenforceable is to be severed without prejudice to the balance of the provisions of this document which will remain in force.
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