Competition Terms and Conditions

 

Game of chance – Win the purchase price of your Sea-Doo back

1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.

2. The Promoter is Fridays Sea-Doo & Can-Am (ACN 153658425), of 42 Bakewell Drive, Port Kennedy, WA, 6172, Australia. (08) 9524 5858, info@fridays.jetskis.com.au

Competition period

3. The competition commences at 8:00am AWST on 9th December 2024 and ends at 11:59pm AWST on 9th May 2025.

Eligibility to enter

4. Entry is open to Western Australian residents aged 18 years or older.

5. Directors, management, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this competition are ineligible to enter.

How to enter

6. To enter, eligible entrants must purchase a new Sea-Doo Watercraft from Fridays Sea-Doo & Can-Am.

7. Entries must be received during the Competition Period. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

Draw date and time

8. All valid entries will be included in the draw. Entry applies to each Watercraft purchased.

9. Entrants must retain their original purchase receipt as proof of purchase. The Promoter may, at any time, require entrants to produce their proof of purchase to verify eligibility. Failure to produce proof of purchase upon request may, at the discretion of the Promoter, result in disqualification.

10. The draw will take place on Saturday the 10th of May 2025 at 42 Bakewell Drive, Port Kennedy, WA, 6172, Australia.

11. The first valid entry drawn will be the winner of the prize.

12. The Prize will be announced and distributed in accordance with clause 17 below. Winning is not contingent on being present at the draw.

Prize(s)

13. The total RRP prize pool value is up to a maximum of $35,999.

14. The Prize will be the purchase price of the watercraft only (excluding trailer and any accessories) refunded into the winner’s nominated bank account.

15. Any tax liability arising as a result of accepting the prize is the responsibility of the winner. Independent financial advice should be sought by the winner with regard to any tax implications relating to the prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize.

16. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner(s) accepting and/or using the Prize, except for any liability which cannot be excluded by law. Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as arising from, or in connection with the Prize supplied by the prize supplier, or the conduct of the prize supplier.

Winner notification and publication

17. Winner(s) will be notified within 14 days of the Prize Draw Date.

18. Winner(s) will be notified by a telephone call and in writing via email.

Prize delivery

19. Prize refund will be transferred to the winner within 14 days after the Prize Draw Date.

20. Where a motor vehicle is awarded as a Prize, the winner must be capable of obtaining the necessary motor vehicle registration for the Prize in his or her name, in accordance with the applicable State or Territory legislation in which the Prize is collected. If the winner is unable to register the Prize in their own name, then the winner may assign the Prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangement between the winner and the assignee.

Prize substitution

21. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority. The Prize is not redeemable for cash unless otherwise directed by the Promoter.

Unclaimed prize

22. The Promoter will make reasonable efforts to identify and locate the Prize winner.

23. If any Prize remains unclaimed within three months after Prize Draw, an unclaimed prize draw will be held at the 9th Of August 2025 at 42 Bakewell Drive, Port Kennedy, WA, 6172, Australia at 4pm subject to the approval or directions of any necessary regulatory authority.

24. Winners of the Unclaimed Prize Draw will be notified in the same manner as set out in clause 15 & 16 above and their names will be published on the website for 28 days following the unclaimed prize draw date.

Use of Eligible Entrant’s Personal Information

25. Personal information including Eligible Entrant’s name, address, telephone number and email address may be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third-party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing).

26. By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.

27. The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. The Promoter’s privacy policy can be viewed at https://fridaysjetskis.com.au/pages/privacy-policy. Eligible Entrants may access, change or update their personal information by emailing the Promoter on info@fridaysjetskis.com.au during office hours.

Intellectual property and moral rights

28. By entering this Competition, Eligible Entrants licence the Promoter to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant of royalties or compensation.

29. By entering this Competition, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.

30. Eligible Entrants warrant that their entry is not in breach of any third-party intellectual property rights.

Publicity

31. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.

32. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from entering or participating in this Competition including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Competition.

General conditions

33. The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.

34. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to Promoter.

35. The Promoter reserves the right to request verification of the social media profile of eligible entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.

36. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Competition has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.

37. The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. 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 2010 (Cth), as well as any other implied warranties under 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 Competition including, without limitation: • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); • any theft, unauthorised access or third-party interference; • any entry 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; • any variation in market value to that stated in these terms and conditions; • any tax implications; or the Prize or use of the Prize.

38. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law.

39. The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions, subject to any directions from a regulatory authority.

40. If there is a dispute concerning the conduct of the Competition, the interpretation of these Terms and Conditions, or the allocation of a prize, the Promoter’s decision will be final. In the event of a dispute, the parties will first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation. The costs of the mediation will be shared equally between the parties. If mediation is unsuccessful, the parties may pursue their rights at law.

41. Jurisdiction: These Terms are governed by the laws of Western Australia. Entrants submit to the jurisdiction of the courts of Western Australia.

42. Currency: Unless expressly stated otherwise, a reference in these terms or in any advertisement relating to the Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.