TERMS & CONDITIONS

Promoter                   

Kathmandu Pty Ltd (ABN 84 007 047 547) 249 Park Street, South Melbourne VIC Australia 3205, and Kathmandu Limited, 223 Tuam Street, Christchurch Central, Christchurch New Zealand 8011. 

Competition Period          

12.01am on 11/11/2019 to 11.59pm on 25/11/2019

All times are in VIC, Australia timezone (AEST or AEDT, as applicable).

Who can enter? 

Only Australian and New Zealand residents who are/become a member of Kathmandu Summit Club.

Membership of Kathmandu Summit Club (and, consequently, participation in this competition) is subject to the terms and conditions which apply to Kathmandu Summit Club available at https://www.kathmandu.com.au/summit-club-terms-and-conditions, as amended from time to time.

Who can't enter?               

Directors, officers, management and employees (and their immediate families) of:

(a)              the Promoter; and

(b)              the agencies, companies or participating premises associated with this competition.

Where will the competition run?  

The competition will run in Australia and New Zealand.

Entry instructions     

To receive an automatic entry, you must, during the Competition Period, update your date of birth via the unique link provided via email.

How many winners will there be and how will they be chosen?

There will be 3 winners determined in respect of this competition. 

There will be 1 draw conducted. 

The draw will be held at 10am on 27/11/2019 at Kathmandu, 249 Park Street, South Melbourne VIC Australia 3205.

The first 3 valid entries drawn randomly from the entries received across Australia and New Zealand during the Competition Period will win a prize. 

The Promoter may draw additional reserve entries in a draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants).

What can I win?

There are 3 prizes available.

The prize is a $100 Kathmandu Gift Card (awarded in either AUD or NZD, depending on the winner's place of residence), delivered by email.

Total prize pool

The total prize pool is $300.

How many times can I enter?        

You can receive a maximum of one entry during the Competition Period.  The entry must be in accordance with these Terms and Conditions.

How and when will the winners be informed?

Winners will be notified:

  • in writing by email; and
  • by phone, if required,

within two days of determination. 

Unclaimed prizes              

Prize claim date: 27/02/2020. 

Unclaimed prize determination: 29/02/2020 at the same location as the original draw.

If a prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the Promoter can't award the prize or contact a winner (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize/s amongst valid entrants.  Any winner/s will be informed:

  • in writing by email; and
  • by phone, if required,

within two days of determination. 

Collection and use of your personal information   

 The Promoter collects personal information about entrants in order to conduct the promotion and administer the prize. If the personal information requested is not provided, a person may not be able to participate. The Promoter may also use entrants' personal information to help improve its goods and services. The Promoter may share entrants' personal information with the Promoter’s related companies, agents and contractors. The Promoter and its related companies may contact entrants' with special offers and marketing via any medium including mail, telephone and commercial electronic messages (including email and SMS).  Entrants' personal information may be disclosed to recipients in countries such as Australia, New Zealand, the United Kingdom, and the United States.  The Promoter’s Privacy Policy (see www.kathmandu.com.au) includes information about:

(a)              how a person can seek access to the personal information the Promoter holds and seek the correction of such information; and

(b)              how a person can complain about a breach of privacy and how the Promoter will deal with such a complaint. 

Permit numbers Authorised under:

NSW Permit No. LTPS/19/39738


 

1.     These Terms and Conditions incorporate and must be read together with the details outlined in the table above.  Information about prizes and how to enter forms part of these Terms and Conditions.  By entering, you accept these Terms and Conditions. 

Entry

2.     Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter.  The Promoter is not liable for any problems with communications networks.  You are responsible for your own costs associated with entering.  If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified. 

3.     You must remain a member of Kathmandu Summit Club as at the date of awarding the prize, to be a valid winner.

Prizes

4.     Prizes must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prizes are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including validity periods.

General

5.     If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter's discretion, all of your entries) may be discarded.  The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment).  Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.

6.     You must not:

1.            tamper with the entry process;

2.            engage in any conduct that may jeopardise the fair and proper conduct of the competition;

3.            act in a disruptive, annoying, threatening, abusive or harassing manner;

4.            do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;

5.            breach any law; or

6.            behave in a way that is otherwise inappropriate. 

7.     The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.

8.     The Promoter’s decision in connection with all aspects of this competition is final.

9.     Prizes cannot be transferred or exchanged nor redeemed for cash.  The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST.  You agree that if a prize is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the Australian state/territory gaming authorities.

10.  If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the Australian state/territory gaming authorities.

11.  The Promoter is not responsible for any tax implications arising from the winner winning a prize.  The winner should seek independent financial advice.  If for any applicable goods and services tax purposes this Promotion results in any supply being made for non-monetary consideration, the winner must follow the relevant Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal applicable goods and services tax inclusive market values.

Liability

12.  Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth) or the Consumer Guarantees Act 1993 (NZ).

13.  Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).   

14.  Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s.  

 

15.  This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter.  You provide your information to the Promoter and not to any social media platform.  You completely release any relevant social media platforms from any and all liability.