Terms & Conditions – “Share an Experience” Giveaway

1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter and agencies 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.

3. Promotion commences on 22/4/16 and final entries close at 11:59am AEST on 31/05/2016 (“Promotional Period”)

4. To enter, individuals must undertake the following steps during the Promotional Period:

a. Visit www.adrenalin.com.au/shareadrenalin

b. Follow the prompts to the promotion entry page;

c. Input the requested details;

d. Select a preferred and an alternate Adrenalin Experience that they would like to share with their friend or family member, from the drop down menus. At the time of selecting the Adrenalin Experiences, entrants will be provided with link to the details specific for that Adrenalin Experience to ensure that the Adrenalin Experience that they have selected is appropriate for them;

e. Nominate one (1) friend and/or family member that they would like to share their preferred Adrenalin Experience with. Entrants should only nominate a friend or family member that they believe would be in a position to attend and/or physically participate the entrant’s selected Adrenalin Experience (for clarity, if an Adrenalin Experience is limited to persons over the age of 18 and/or of a certain height/weight, the entrant should nominate according to the eligibility of that Adrenalin Experience). By nominating a friend and/or family member, entrants warrant that they have obtained their consent from each nominated friend and or family member to nominate them for the purpose of this promotion;

f.  Answer in 25 words or less “Why they would like to share their selected preferred Adrenalin Experience” with their nominated friend/s and/or family member/s; and

g. Submit the fully completed online entry form.

5. Upon submitting a successful entry in accordance with the above, each entrant will be sent a confirmation email. Within the confirmation email will also be a $30 off voucher for Adrenalin, redeemable for any Adrenalin Experience when $149 or more is spent, in a single transaction. The $30 off voucher can be used towards any Adrenalin Experience and is valid for use until 30/06/16. The $30 off voucher code (provided in the email) must be entered at the point of checkout. Any ancillary costs associated with redeeming a $30 off voucher are not included. Any unused balance of a $30 off voucher will not be awarded as cash. Redemption of a $30 off voucher is subject to any terms and conditions of the issuer including those specified in the email with the $30 off voucher. Only one (1) $30 off voucher can be used per transaction and is not valid for Adrenalin Gift Voucher redemptions, iFLY Indoor Skydiving Sydney products or in conjunction with the “$250 Gift Voucher Promotion”.

6. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

7. Incomplete or illegible entries will be deemed invalid.

8. Only one (1) entry permitted per person.

9. 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.

10.  Entries will be divided into one (1) entry periods (each an “Entry Period”). Entries will open and close for each Entry Period on the dates and times indicated in the table below. The judging for this Entry Period will take place at Adrenalin Pty Ltd, 20 Burton Street, Darlinghurst NSW 2026 commencing on the date specified in the table below. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. Winners will be notified by telephone or email. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question.

Entry Period

Entries Open

Entries Close

Judging Date

1

12:00 noon AEST on 22/04/16

11:59am AEST on 31/05/16

02/06/16

11.  The Promoter’s decision is final and no correspondence will be entered into.

12.  The best five (5) valid entries, as determined by the judges, in each Entry Period will each win their preferred Adrenalin Experience to share with their nominated friend and/or family member. The Promoter will endeavour to award each winner their preferred Adrenalin Experience, as indicated on their winning entry, however in the event the winner’s preferred Adrenalin Experience cannot be awarded, due to the preferred Adrenalin Experience being fully booked, the Promoter will award the winner their alternate Adrenalin Experience as indicated on their winning entry. For clarity the winner, and their nominated friend/s and/or family member/s will each be awarded the winner’s selected Adrenalin Experience. The winner and their nominated friend/s and/or family member/s must take the Adrenalin Experience on the same date and at the same time as booked by the winner in agreement with the Promoter.

13.  All Adrenalin Experiences must be booked and taken by 31/07/16. The Promoter will contact each winner and organise the booking for the relevant Adrenalin Experience including the attendance of the winner’s nominated friend/s and/or family member/s. The winner can only take those friend/s and or family member/s that were nominated on their winning entry.

14.  Each Adrenalin Experience prize awarded is subject to the standard terms and conditions relevant to that Adrenalin Experience and of individual prize and service providers

15.  Some Adrenalin Experiences have certain participation restrictions, therefore only individuals who are eligible can participate in an Adrenalin Experience. Some Adrenalin Experiences are only available in certain States and or Territories. All costs associated with getting to and from a selected Adrenalin Experience will be the responsibility of the winner and their nominated friend/s and/or family member/s.

16.  Winner’s (and their companion/s) acknowledge that some Adrenalin Experiences are dangerous activities that may result in injury or death, and participate at their own risk (“Activity”). Winners and his/her/their companion/s must where relevant: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner or his/her companion/s from participating in the Activity if, at any time, they reasonably believe that the winner or his/her companion/s poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.

17.  If for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

18.  If any prize (or part of /any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.

19.  Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

20.  Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish 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. their Content shall not contain viruses or cause injury or harm to any person or entity;

c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

d. the Content is the original literary work of the entrant that does not infringe the rights of any third party;

e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

f.  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.

21.  As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

22.  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

23.  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 its 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.

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

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, 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”). 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.

26.  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) if the Adrenalin Experience is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of and/or participation in a prize. 

27.  As a condition of accepting a prize, the winner (and his/her/their companion) 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.

28.  The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.adrenalin.com.au/privacy/.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

29.  The Promoter is Adrenalin Pty Ltd (ABN 13 117 402 838) of 20 Burton Street, Darlinghurst NSW 2010.