Callaway Golf South Pacific "Big Bertha B21 Driver" Giveaway
Official Rules: To Enter, the entrant must, during the promotional period: Follow our Instagram Page and comment on the competition post: https://www.instagram.com/callawaygolfaus
The following document ("Official Rules") contains information and constitutes the official rules on how to enter the Callaway Golf South Pacific "Big Bertha B21 Driver" Giveaway ("Promotion") and describes the prizes to be awarded as part of the Promotion. Entry into this Promotion is deemed acceptance of these Official Rules.
The Promotion is open to residents of Australia in all eligible states/territories and New Zealand, except employees, officers, directors or representatives of Callaway Golf South Pacific Pty Ltd. (ABN 26 094 768 359) 18 Corporate Ave, Rowville VIC 3178 ("Promoter"), or any company or agency associated with this Promotion and their employees, officers, directors or representatives (collectively "Promotion Parties") or any immediate family members of the Promotion Parties. A valid entrant ("Entrant") must be a permanent resident of Australia or New Zealand currently residing in Australia or New Zealand, and 18 years and older.
The Promotion commences on August 3, 2021 at 12:00am (AEDT) and closes on August 12, 2021 at 10:00am (AEDT) (the "Promotion Period"). No entries will be accepted outside this time.
Promotion must be entered via the Callaway Golf South Pacific "Instagram Page" https://www.instagram.com/callawaygolfaus ("Instagram Page") during the Promotion Period, as follows:
Entrants must follow the Instagram Page AND during the Promotion Period, comment on the competition post ("Entry").
No Entry may be late, delayed, incomplete, incomprehensible, unlawful, obscene, defamatory, discriminatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging of conduct that would be considered a criminal offence, capable of violating any law and/or capable of giving rise to civil liability.
Only one (1) entry per person during the Promotion Period.
Any cost associated with accessing the Instagram Page is the Entrant's responsibility and is dependent on the Internet service provider used.
The Promoter reserves the right to verify the validity of Entries, and Entrants, at any time during or after the Promotion Period, and reserves the right to disqualify any Entrant who tampers with the Entry process or who submits an Entry that is not in accordance with these Official Rules. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter's decisions in relation to all aspects of this Promotion and the random draw are final and binding on all Entrants and no correspondence will be entered into.
Entrant acknowledges that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering the Promotion, Entrant hereby releases Instagram of any and all liability, whether direct, indirect, special or consequential, arising in any way out of the Promotion.
THE PRIZE
The single winner, as drawn by the Promoter, will receive the following prize (the "Prize"):
ONE (1) BIG BERTHA B21 DRIVER; AUD $829.99 RRP
TOTAL PRIZE POOL (including GST): $829.99
Conditions for redemption of the above Prize are as follows:
The Prize does not include any ancillary costs associated with redeeming the Prize; these are the responsibility of the winner;
The Prize is not transferable or exchangeable. The Prize is not redeemable for cash.
DETERMINATION OF WINNER
Entrants must follow our Instagram Page and comment on the competition post. A random prize draw will occur at 12.00 pm AEDT on August 12, 2021. The location of the draw: Callaway Golf South Pacific, 18 Corporate Avenue, Rowville, VIC 3156 Australia. All times are in AEST and AEDST, as applicable. The winner will be notified via Instagram messenger using the contact details given in his/her Entry.
All Entries are deemed to be received at the time of receipt by the Promoter and NOT at the time of transmission by the Entrant.
If the prize has not been claimed, a random unclaimed prize draw will occur at 12.00pm AEDT on November 12, 2021 by the Promoter. Location of draw: Callaway Golf South Pacific, 18 Corporate Avenue, Rowville, VIC 3156 Australia. The winner of the unclaimed prize will be notified and published here: https://www.instagram.com/callawaygolfaus on November 12, 2021.
USE OF ENTRIES
The Promoter is entitled to use any of the Entries submitted in any manner and for any purpose in its absolute discretion, including using the Entries for future promotional, marketing and publicity purposes and use within the public viewing gallery on the Instagram Page and in any other form of media now known or hereafter invented, without any further reference, payment or other compensation to the Entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted Entry, in its sole discretion.
The Entrant acknowledges that his/her entry may be published on both the Internet and within various titles from the Promoter, together with his/her name.
No responsibility will be accepted by the Promoter for late, lost or misdirected entries and all entries are deemed to be received at the time of receipt of the entry into the Promoter's database and NOT time of transmission by the Entrant. The Promoter will accept no responsibility for any delays to entry caused by technical disruptions or malfunctions. The Promoter accepts no responsibility for outdated or incorrect contact details or contact details by which the Entrant cannot be contacted during business hours on the relevant dates. Incomplete or automated entries will be disqualified. Multiple entries from the same IP address, same email address or from automated competition entry services are invalid. Only genuine entries from individuals are permitted.
Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms. GENERAL TERMS AND CONDITIONS
The Promoter reserves the right to ask any winner to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
Winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to the acceptance of a prize.
No compensation will be payable if any winner is unable to use any prize as stated and awarded. The Promoter reserves the right to substitute a prize (or any element thereof) for a prize (or any element thereof) of similar element or comparable value.
The Promoter reserves the right to ask any prize winner to 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 as a condition of accepting their prize.
If any prize winner is disqualified in accordance with these terms and conditions, the Promoter reserves the right, in its absolute discretion, to award the prize to the next randomly drawn entry in the Promotion.
If this Promotion is interfered with in any way or is not capable of running as reasonably anticipated for 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 to: (a) disqualify any Entrant; or (b) cancel, terminate, modify or suspend the promotion as appropriate.
Nothing in these Official Rules 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 State and Territories of Australia (ìNon-Excludable Guaranteesî). 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.
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 Promoterís 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 Official Rules; (e) any tax liability incurred by a winner or Entrant; or (f) use/taking of a Prize.
The Promoter and their respective agencies and companies associated with this Promotion take no responsibility for prizes damaged in transit.
It is a condition of accepting the Prize that the Prize Winner agrees to be interviewed, photographed and/or filmed at any time during the acceptance of the Prize by the Promoter or its agents. There is no obligation upon the Promoter to use such images or footage but if it elects to do so, the Prize Winner consents to the Promoter using their name, likeness, image and/or voice in any media for the purpose of promoting this promotion, (including any outcome), or the Promoter, for an unlimited period of time without remuneration.
The Promoter collects Entrantsí personal information in order to conduct the promotion. If the information requested is not provided, the Entrant may not participate in the Promotion. The Promoter may share information with its related companies who may contact Entrants with special offers. The Promoter may also share information with other persons or entities that assist the Promoter in running promotions or with other companies who provide prizes for Promotions. By entering the Promotion, each Entrant agrees that their personal information may be used in the manner described above and also agrees that the Promoter may disclose Entrantsí personal information to State and Territory lottery departments and that the winnerís name and locality will be published as required under the relevant lottery legislation, if applicable. A request to access, update or correct any personal information should be directed to the Promoter at 18 Corporate Avenue, Rowville, Victoria, 3178.
Entrants using multiple aliases or email addresses will be disqualified at the sole discretion of the Promoter.
If an Entrant selected as the winner is found to be in breach of these Official Rules, a new winner may be selected and, in the event that the Entrant in breach has already been awarded a Prize, the Entrant may be required to either return the prize or reimburse the value of the prize to the Promoter.
The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.