Terms & Conditions
CONDITIONS OF USE
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
TERMS AND CONDITIONS OF USE AGREEMENT
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Fraud: By creating an account, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by YETI Australia in its sole discretion.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Non-transferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- Payments. You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts, product reviews and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy. Our Return Policy is a part of this agreement.
Verify Members’ Address. YETI Australia reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from YETI Australia.
Win the Ultimate Surf Package with YETI & McTavish Terms & Conditions
1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions.
2. The Promotion commences on 23/01/19 and closes at 12.00am AEST on 29/03/19 (Promotional Period).
3. You must be aged 18 years or over to enter. Entry is open to residents of Australia. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.
4. You can enter by going to http://au.yeti.com/pages/mctavish and following the to the competition page and fill in the entry form including full name, address, email, daytime telephone number and answer to the competition question: “Take inspiration from the video above and let us know in 25 words or less where you plan to set up camp and enjoy the following YETI + McTavish Prize Pack. The most creative answer will win this amazing surf package worth of $3000.” and submit the entry as instructed.
5. The competition is a game of skill in which chance plays no part in determining the winners.
6. Only one entry per person will be permitted.
7. An entry must not be: (a) late; (b) incomplete; (c) offensive; or (d) unlawful. Any such entry will be ineligible and will be discarded. Any entry that the Promoter deems otherwise inappropriate will be ineligible and will be discarded.
8. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility. All travel and accommodation costs are also the responsibility of the entrant.
10. All entries become the property of YETI Australia Pty Ltd. As such, YETI Australia Pty Ltd is the owner of all copyright and other intellectual property in the submitted responses.
11. For all alcohol prizes: Entry is open to all residents of Australia ages 18 years and over (excluding residents of Northern Territory). No more than 20 liters of alcohol will be won by New South Wales residents. The Promoter will require winners to provide proof of age. Identification considered suitable for verification is at the Promoter’s discretion. The Promoter encourages consumers to drink responsibly.
Determination of winners
12. The judging will take place at the head office of YETI Australia Pty Ltd competitions are selected at 80 Market Street, Level 4, South Melbourne Victoria at 12.00pm AEST on 2/4/19.
13. On the judging date, the Promoter will determine the winner(s) from valid entries submitted during the Promotional Period. The Promoter will also select reserve winners in the event an original selected winner is invalid or ineligible.
14. The one selected entries chosen from all valid entries received will win the following prize(s):
1 x McTavish Bluebird Surfboard - 6’10" x 20” x 3 - (RRP $1495.95)
1 x YETI Tundra 75 - (RRP $599.95)
1 x YETI Hopper Flip 18 - (RRP $399.95)
1 x YETI Tocayo Backpack - (RRP $349.95)
1 x YETI Drinkware Package - (RRP $159.80)
The TOTAL PRIZE POOL IS VALUED AT UP TO AUD $3,005.60 (including GST).
15. Only one prize will be awarded per person.
16. The winner(s) will be notified by telephone and email within 5 business days of the determination using the contact details provided in their entry and may be announced on the Promoter’s websites and social media accounts.
17. The winner must take the prize as offered. The prize, or any unused portion of the prize, is not exchangeable and cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer.
18. If, for any reason, the winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
19. If a prize, or part of a prize, is unavailable, the Promoter may substitute an alternative prize to substantially the same recommended retail value and/or specification, subject to any written direction from the various regulatory authorities.
20. The prize will be delivered to the nominated address of the winner, provided that address is in Australia. The Promoter is not responsible or liable for any delay or failure in delivery of the prize by the third party or for any damaged caused to the prize during delivery.
21. The prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.
22. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner and that their name and address suburb for publicity and competition purposes, without compensation.
23. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.
24. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may, subject to relevant state and territory rules and regulations, cancel, terminate, modify or suspend the Promotion.
25. 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 or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Promotion; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Promotion; (ii) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (iii) any theft, unauthorised access or third party interference; (iv) 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; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.
26. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.
28. The Promoter is YETI Australia Pty Ltd of 80 Market Street, Level 4, South Melbourne Victoria, 3205. Phone: 1300 289 384 and – McTavish Surf International Pty Ltd (ABN 92 107 171 246) of 91 Centennial Circuit, Byron Bay, NSW 2481. Phone: +61 2 6680 8807