Ozmosis | Win Festival Tickets of Your Choice.
The Promoters of the Nixon Festival Ticket competition are Nixon Pacific PTY LTD (ABN 64118751787) of 1/9 Ramly Drive, Burleigh Heads QLD 4220, Australia and Ozmosis PTY LTD (ABN 52147803950) of 101 Surf Coast Hwy, Torquay VIC 3228.
Information on how to enter and the prize(s) form part of these Terms and Conditions. Entry into and participation in the Competition is subject to these Conditions of Entry. By submitting an entry into the Competition, individuals acknowledge that they have read and understood and agree to be bound by these Conditions of Entry.
The Promoters and related bodies corporate (as defined in the Corporations Act 2001, agents, representatives and licensors and any persons authorised by such entities will be referred to individually and collectively as “promoters” in these Conditions of Entry. The primary website address for the competition osmosis.com.au. This, and all associated Nixon or Ozmosis webpages or sites linked to it (including any related mobile phone messages or material), are referred to in these Conditions of Entry as the Website.
Who is eligible to enter?
The Nixon Festival Ticket is open to individuals (Eligible Persons) who:
1. are citizens or permanent residents of Australia.
2. are at least 13* years of age at the commencement of the Competition Entry Period;
3. purchase any Nixon product through ozmosis.com.au or a participating Ozmosis store during the Competition Entry Period;
4. are not (and none of their immediate family or people they are living with are) employees, officers, directors or agents of the Promoters or any sponsor associated with the Competition. 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;
By entering the Competition, Eligible Persons authorize the Promoters to conduct any police checks deemed necessary by the Promoters in their sole discretion to ensure an entrant is an Eligible Person.
How to Enter
In order to enter the Competition, individuals (an Entrant) must take the following steps during the competition period 00:00 AEST on Tuesday, 3rd December, 2019 to 23:59 AEST Friday 31st January:
1. The Entrant must purchase any Nixon product through ozmosis.com.au or a participating Ozmosis store during the Competition Entry Period;
2. The entrant must agree to have read the Terms & Conditions of entry, and agree to join the Nixon & Ozmosis database to receive electronic communication.
The Promoters reserves the right, at any time, to disqualify any Entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. If an Entrant fails to provide such evidence or undergo a probity check within a reasonable time, or if an Entrant provides false, misleading or inaccurate information, the Promoters may disqualify the Entrant from the Competition. Entries with any errors and omissions may be accepted, rejected, amended or corrected at the Promoters and/or the Agent’s discretion. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights..
Entrants must also inform the Promoters if they have or receive any criminal convictions, in which case the Promoters may reject or disqualify their Entry in the Promoters sole discretion..
Entrants acknowledge that their personal details will also be stored and used by all suppliers of prizes in accordance with the applicable supplier privacy policies. Entrants must bear their own costs and expenses associated with the preparation and participation in the Competition, including any cost associated with accessing the Website/s, unless otherwise specified on the Website/s or in these Conditions of Entry, or agreed by the Promoters in advance in writing.
By entering into the competition, you agree to the Promoters sending you exciting offers and information about specials, promotions, competitions and the products and services of the brands they sell and represent. You agree that you understand that the Promoters will send you information by means such as email, SMS or voice calls for an indefinite period. The information could relate to any of the leading brands represented by the Promoters. You also understand that you can tailor your communication preferences with us and that you can notify the Promoters at any time that you no longer wish to receive marketing communications from them by using the contact details listed in their Privacy Policies or by using the opt-out facilities provided in the marketing communications or on their websites.
If there is a dispute as to the identity of an Entrant, the Promoters reserves the right, in its sole discretion, to determine the identity of the Entrant.
Determination of Winners
The one (1) winner will be randomly selected from the entire pool of entrants. The (1) winner will be selected at random from the full entrants list. The random selection will be randomly drawn and skill plays no part in determining the winner of this promotion.
The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries/votes submitted by that Entrant invalid.
All Prizes are accepted at the Winner’s and/or companion’s risk (as applicable) and the Promoters (and its Prize and Competition suppliers) each exclude all warranties in connection with the Prizes, to the extent permitted by law. The Winners are responsible for any taxes payable as a result of a Prize being awarded or received.
Details of all Prizes will be determined by the Promoters, in its sole discretion and the Promoters reserves the right to substitute alternative Prizes, subject to relevant regulatory approval. Prizes are not transferable or exchangeable and, except as substituted by the Promoters, cannot be taken in any other form, including cash.
The prize draw will take place at Ozmosis PTY LTD 1101 Surf Coast Hwy, Torquay VIC 3228 at 12:00 PM AEST Time on 14th February 2020. The prize draw will be announced on https://www.ozmosis.com.au and relevant promoter social media pages on 14th February 2020.
The (1) winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry. If any winner does not accept the prize within a period of three (3) months by 12:00PM AEST time on the 14th May 2020, a re-draw will take place at Ozmosis PTY LTD 1101 Surf Coast Hwy, Torquay VIC 3228 on 16th May 2020 at 12:00PM AEST time. The new winner will be contacted by telephone and by the email address provided in their corresponding order details to the entry.
Entry for the Competition opens at 00:00 AEST on Tuesday, 3rd December, 2019 to 23:59 AEST Friday 31st January. Details of the Prizes are as follows:
• One (1) x Ticketek (or similar) Gift Voucher with a RRP of AUD $1000.00 for the festival/concert(s) tickets of their choice.
• One (1) x Visa Gift Card with an RRP of AUD $1500.00 for travel, food and accommodation of their choice.
The maximum Prize value for the Prize Package is AUD $2,500. The Promoters accept no responsibility for any variation in the Prize value.
In order to redeem the prize, prize winner and companion must be residents of Australia and 13 years of age. If the prize winner is under the age of 18, a parent or legal guardian must accompany them to the music festival.
In the event that any winner does not provide a shipping address within three (3) months of being notified of their prize, the prize will be forfeited by the winner, and no replacement prize will be provided. A replacement winner will be drawn as described in point Four (4).
Neither cash nor other form of compensation will be supplied in lieu of the forfeited whole or part of the prize.
The Promoters reserve the right to substitute the Prize in whole or in part in the event that all or any component of the Prize is unavailable, with a Prize or Prize component of equal or greater retail value, subject to relevant regulatory approval. The Prize is not transferable, not redeemable for cash, not for re-sale and will be awarded to the confirmed winner(s) only.
Notwithstanding the above, The Promoters reserve the right to offer the winner a prize alternative to the prize originally awarded and accepted which, with the winners written consent, shall replace the original prize, equal to or greater in value than the original prize, subject to relevant regulatory approval.
Prizes are subject to the standard terms and conditions of individual prize and service providers.
In the event of war, civil unrest, terrorism, state of emergency or disaster, the Promoters reserve the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
If any prize (or part of any prize) is unavailable, the Promoters, in their discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to approval from the relevant regulatory authorities.
The promoters reserve the right to announce or publish the winner’s name and/or photograph for publicity purposes.
The Winner(s) must, as a condition of accepting the prize:
1. sign the Promoters':
2. deed of release in relation to the use of their names and images for promotional purposes; and
3. deed of indemnity and exclusion of liability.
Winner(s) must not:
1. hold themselves out as or otherwise represent that they are an agent of the Promoters or any supplier of the prizes or otherwise affiliated with the Promoters or any supplier of the Prize (Promoters Associates) except as expressly provided for in the Agreement; or
2. bring the Promoters or Promoters Associates into disrepute or make any disparaging comments about any of them in relation to the Competition.
The winner(s) must at all times behave appropriately and in accordance with the law when taking part in the Competition and observe these Conditions of Entry. If winner or any guest breaks any of these obligations, the Promoters reserves the right, in its sole discretion to eliminate the winner from the Competition and/or remove the winner and any guest from any location at which they are located when participating in the Competition and/or prize.
General rules of the Competition
The Promoters reserves the right, at any time, to invalidate any votes which they reasonably suspect have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information.
The Promoters will not be responsible for any problems or technical malfunction of any online computer systems, servers or providers, computer equipment, software or failure of any email or entry to be received by the Promoters on account of technical problems or traffic congestion on the Internet or any mobile network.
Our liability to Entrants
Nothing in these Conditions of Entry 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 (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (and its Prize and Competition Suppliers) [including all 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 and prize.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters and its Prize and Competition suppliers, including True Alliance Pty Ltd (and its related entities), Entities and Promoters Associates.(a) have no responsibility in relation to participation in the Competition or the preparation of an Entry and Entrants will bear all risks associated with their participation in the Competition. Further, Promoters and each Promoters Associate will have no liability to an Entrant whatsoever if an Entrant is prevented or unable to attend or take part in the Competition for any reason;
1. maximum aggregate liability under or in relation to these Conditions of Entry or the Competition, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AU$2,000; and
2. is not responsible for and excludes all liability (including negligence) for, and no measure of damages payable by Nixon Pacific PTY Ltd, Ozmosis PTY LTD or any Promoters Associate will, under any circumstances, include:
3. special, direct, indirect, consequential, incidental, special or punitive damages; or 4. damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Arising in any way out of:
1. any technical difficulties or equipment malfunction (whether or not under the Promoters’ or any Promoters Associate’s control);
2. any theft, un-authorised access or third party interference;
3. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoters) due to any reason beyond the reasonable control of the Promoters or any Promoters Associate;
4. any variation in prize value to that stated in these Conditions of Entry;
5. any tax liability incurred by a winner or Entrant; or
6. use of a prize.
Entrants’ liability to the Promoters
Without limiting any other rights the Promoters may have under these Conditions of Entry or otherwise, Entrants agree to defend, indemnify and hold the Promoters and the Promoters Associates and their respective officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including reasonable legal and accounting fees, arising in connection with:
1. any breach by an Entrant of these Conditions of Entry;
2. any negligent, fraudulent or unlawful act or omission by an Entrant; or
3. the infringement or alleged infringement of a third party’s intellectual property rights, moral rights or other rights or breach of confidence arising directly or indirectly from the use of any material in accordance with these Conditions of Entry.
4. use of a prize
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 Promoters, including but not limited to technical difficulties, un-authorised intervention or fraud, the Promoters reserves the right, in its sole discretion, to the fullest extent permitted by law:
1. to disqualify any entrant; or
2. to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to the relevant regulatory authority approval.
Nothing in these Conditions of Entry is intended to, or will be construed as, creating a relationship of employer and employee, principal and agent, joint venture or partnership between an Entrant and Ozmosis PTY LTD / Nixon Pacific PTY LTD.
If any part of these Conditions of Entry is held to be invalid or unenforceable, only that part will be amended or severed to the extent of any invalidity without affecting the validity of the remaining provisions.
These Conditions of Entry are governed by the law in force in the State of Queensland, Australia, and any other relevant regulatory authorities and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia any other relevant regulatory authority and courts of appeal from them for determining any dispute concerning these Conditions of Entry.
Any provisions of these Conditions of Entry which by their nature survive termination or expiry of these Conditions of Entry will survive termination or expiry of these Conditions of Entry.
If a party does not act in relation to a breach by the other party of these Conditions of Entry, this does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
These Conditions of Entry constitute the entire agreement between the Promoters and an Entrant in relation to the Competition and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Promoters and an Entrant in relation to the Competition.
The words ‘including’, ‘such as’, ‘particularly’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
The Promoters may notify an Entrant via any of the contact details the Entrant supplies as part of their Entry. An email sent to Entrants will be regarded as given and received 24 hours after the email was sent, unless the Promoters receives notification that the email was not delivered.
The Promoters holds all agreements, covenants and undertakings expressed to be on behalf of any Promoters Associate on trust for that Promoters Associate.
Notwithstanding any other provision in these Terms and Conditions, the Promoters collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoters and any prize suppliers 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 access, update or correct information to the Promoters. All entries become the property of the Promoters.
Ozmosis PTY LTD (ABN 64118751787). Nixon Pacific PTY LTD (ABN 64118751787). NSW Permit: NSW-0006631641