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Terms and Conditions

Boardcave.com ‘Ultimate Surf Trip’ Competition T&Cs

  1. This competition (“Competition”) is conducted by Boardcave, ABN 53158468015 of Boardcave.com Pty Ltd at 27 Woonga Drive, Ashgrove, Brisbane Queensland. (“Promoter”). This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
  2. Entry to the Competition constitutes acceptance of these terms and conditions (“Terms and Conditions”). All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
  3. The Competition is only open to individuals who: (i) are residents of Australia (each a “Location”) aged 13 years or older as at the time of entry; (ii) have a Facebook account, and (iii) are not directors, management or employees of the Promoter, their immediate families, their retailers, suppliers, associated companies or agencies (“Entrant”).
  4. The Competition commences at 12:00pm AEST on 01/08/2013 and closes at 11:59pm AEST on 09/09/13 (“the Entry Period”).
  5. To enter the Competition an Entrant must, during the Entry Period, (i) use a compatible browser to visit https://www.facebook.com/Boardcave (“Competition Website”); (ii) follow the instructions on the Competition Website to complete the online entry form with the required details (including name, email address) and answer the following 3 questions, What does the word bagus mean? Who or what is Huey? What does the term drop wallet mean?; (iii) once complete, submit and click the Facebook allow button as prompted. This will permit the Promoter to access the Entrant’s basic information (including name, gender and email address). Information provided will be captured by the Promoter and not Facebook; and (iv) tick the box to confirm they have read and agree to the Competition Terms and Conditions.
  6. Cost of entry via the internet is free, but internet connection and usage rates may apply. Entrants should obtain details of such costs from their service provider.
  7. The Promoter reserves the right to remove entries deemed inappropriate at its sole discretion. The Promoter also reserves the right to disqualify Entrants at its sole discretion for reasons that may or may not be disclosed to the disqualified Entrant.
  8. Entry is limited to one entry, per person. Each entry must be submitted in accordance with these Terms and Conditions.
  9. Entries must be received during the Entry Period. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in telecommunications service or equipment. Errors and omissions may be accepted at the Promoter’s discretion.
  10. Entrants must submit their entries manually. The Promoter may reject entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.

  12. The Competition is a game of skill, in which chance plays no part.
  13. There is one (1) major prize to be won throughout this period
  14. The prize is two return airfares to Indonesia, two surf trips with Perfect Wave to Aloita Resort in Mentaway Islands and one customized board from Boardcave.com.
  15. The prize is not redeemable for cash and is not transferable or exchangeable.
  16. Eligible entries to the Competition will be judged by the Marketing & Public Relations Team of the Promoter on September 8th. Each entry will be individually judged based on the accuracy of the three responses given. Entries must be original works created by the Entrant for this Competition. Entries must not be unlawful, offensive, defamatory, racist or otherwise inappropriate. Any entry which the judges deem inappropriate will be invalid.
  17. The prize must be taken within six (6) months of winning the Boardcave ‘Ultimate Surf Trip’ competition. Any prizes not taken at the time stipulated will be forfeited, and no substitute or compensation will be provided.
  18. The Promoter will notify the winners via the email address provided with their entry within 3 days of the selection of the winners, with details of how to claim the prize. Winners’ names will also be published on the Competition Website.
  19. Before a prize is awarded, the Promoter may require each winner and/or their Nominated Learner Driver to sign a release of liability form (provided by the Promoter) in favour of all parties involved in this Competition (including those providing the prize). If the release of liability form is not signed within the time requested by the Promoter, the winner’s entry will be deemed not to comply with these Terms and Conditions and their prize will be forfeited.
  20. If a winner cannot be contacted, is found ineligible, or does not follow the Promoter’s instructions to claim the Prize within 72 hours of notification, the Promoter will deem the prize as unclaimed (and forfeited) and the entry judged as the next best for the relevant Location will be the winner of the prize. That process will be repeated if required.
  21. If the prize is unavailable for any reason, the Promoter may, in its absolute discretion, substitute for that prize another item of equal or higher value as determined by the Promoter.
  22. Each prize winner, and their second traveler must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their names and images in promotional material in any medium throughout the world.

  24. Tickets are valid for up to 6 months from date of issue (outgoing and return flights must be completed within this period) and are non-refundable, non-transferable and not exchangeable for cash or any other benefits in kind.
  25. All bookings are subject to availability. Bookings cannot be made on flights during weekends, eve of public holidays, public holidays and other embargo periods. Please do check with AirAsia X for said periods.
  26. Changes to the flight destinations are not permitted unless agreed upon by AirAsia X.
  27. AirAsia X will not entertain any request to extend the validity period.
  28. The prize DOES NOT include all relevant airport taxes and fees.
  29. Prize is subject to AirAsia X Terms and Conditions of Carriage.
  30. The terms and conditions of any third party will apply to the prize where applicable.
  31. The prize does not include anything not listed above including but not limited to: travel insurance, passports, visas, meals, baggage allowance, taxes not included in the price of the ticket, ground transportation or any other costs of a personal nature not stated. Compliance with any health or other government requirements is the responsibility of the/each prize-winner and companion.
  32. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  33. There can be no changes (name of traveller, travel date, etc) made to travel arrangements once bookings are made.
  34. AirAsia X accepts no responsibility for any damage, loss (including but not limited to direct, indirect and consequential loss), liability, injury or disappointment incurred or suffered by the winner or their guest in connection with this promotion, the promotion of this promotion or the use of any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  35. AirAsia X retains the right to substitute the prize with another of similar value in the event the original prize offered is not available due to circumstances beyond its reasonable control.
  36. All bookings must be made directly to AirAsia X via the contact person provided. Bookings cannot be made via a third party.
  37. By making a booking, the winner and guest are deemed to have agreed to the terms and conditions of this prize as well as AirAsia X’s terms and conditions of carriage available at airasia.com.
  38. AirAsia X reserves the right to amend the terms and conditions listed at any time without prior notice.

  40. The Promoter reserves the right, at any time, to verify the validity of entries and eligibility of Entrants (including an Entrant’s identity, age, and place of residence). Proof considered suitable for verification is at the discretion of the Promoter.
  41. The Promoter reserves the right in its sole discretion to declare an entry invalid or disqualify any individual who it has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper conduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  42. If this Competition 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, to modify, suspend, terminate or cancel the Competition, as appropriate.
  43. The Promoter (including its officers, employees and agents) neither excludes its liability for failure to comply with a consumer guarantee under Competition and Consumer Act 2010 (Cth) or any other consumer legislation nor for any other liability that cannot be excluded by law and clauses 41 and 42 do not apply to this liability.
  44. Except as set out in clause 40, the Promoter and its associated agencies and companies (including their respective officers, employees and agents) excludes all liability for loss or damage in connection with the Competition due to any reason beyond the Promoter’s reasonable control, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction affecting the submission of your entry; (b) any theft, unauthorised access or third party interference with your entry; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected ; (d) any tax liability incurred by the winner or Entrant; (e) any motor vehicle accident, road traffic offence or penalty; or (f) misuse of the prize.
  45. Except as set out in clause 40, the Promoter and its associated agencies and companies (including their respective officers, employees and agents) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), 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 or accepting or using the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  46. The Promoter’s decision in relation to any aspect of the Competition is final and binding on every person who enters and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  47. Each Entrant acknowledges and agrees that the Promoter (and each of its assignees and licensees) has the perpetual right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, their entry (in whole or in part) for any purpose and in any media, without any further consultation, reference, payment or other compensation of the Entrant.
  48. Privacy Statement. Entrants’ personal information will be collected by or on behalf of the Promoter to enable the Promoter and its agencies to administer the Competition and may also be used by the Promoter, its agents, contractors and related companies, for the purposes of carrying out planning, product development and designing future promotional campaigns. The personal information of the winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, prize suppliers and deliverers. The winner’s name will also be published on the Competition Website (see condition 18). By entering this Competition, each Entrant consents to the use of their personal information as described. An Entrant’s personal information is collected, used and disclosed in accordance with the Promoter’s Privacy Policy available at www.boardcave.com. If the Entrant would like to access or correct the personal information that the Promoter holds about the Entrant the Entrant should advise the Promoter by calling (07) 3252 5735. If an Entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.
  49. If an Entrant has entered their email address on the entry form, the Entrant consents to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter’s products and services including contacting the Entrant via any medium (including, but not limited to, mail, telephone, SMS, email and other electronic messages). Entrants may unsubscribe from the Promoter’s marketing program at any time using information contained on the mail or electronic message or by making a request during a telephone call.
  50. Each Entrant completely releases Facebook from any and all liability in relation to this Competition. Entrants understand that they are providing their information to the Promoter and not to Facebook.

For further details on this competition, please email customerservice@boardcave.com.