1. Entry into the Troy Candy ‘Snorkel Tour 2021’ (“Competition”) is open to a person who meets the following Eligibility Criteria. A person who, at the time of entering the Competition:
a. resides in any state or territory of Australia; and
b. is aged eighteen (18) years or older.
2. A person who a director, officer, manager or employee (and their immediate family, including any spouse, ex-spouse, defacto spouse, parent, stepparent, grandparent, aunt, uncle or cousin) of Troy Candy and its related bodies corporate are not eligible to enter this Competition.
3. The person entering the Competition (“Entrant”) may enter multiple times.
4. Any person who enters the Competition but does not meet all of the Eligibility Criteria will be disqualified from the Competition.
5. To enter the Competition, the Entrant must during the Competition Period:
a. Post an original picture of themselves doing a snorkel & tag it with #SnorkelTour2021 & @troycandy and/or
b. Enter their email via the sign-up form at https://troycandy.com/pages/giveaway
6. No purchase is necessary to enter the competition. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the internet service provider used.
7. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
a. any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
8. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
9. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
10. The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use "scripting" is not permitted and will not be accepted.
11. For the purposes of these Terms and Conditions, the promoter is the T Williams Family Trust (ABN 51 157 064 832) (“Troy Candy”).
Duration of Competition
12. The Competition commences at 18:00 AEST on Thursday 1st April 2021 and ends at 11:59 pm AEST on Monday 15th November 2021 (“Competition Period”).
13. Entries received outside of the Competition Period will not be accepted by Troy Candy and will be invalid.
How a Winner is determined
14. Each month, a manual competition draw whereby a nominated person who may or may not be an employee of Troy Candy, and will have no particular affiliation with any Troy Candy community over another, will collect printed entries and draw the winner(s) from a barrel. The winner will be the first valid entry that is drawn. Valid entry refers to the entry that is submitted in accordance with all the terms and conditions of the competition.
15. If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
17. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
18. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
20. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
21. The prizes on offer are:
a. There will be 9 winners who will receive 1x Exclusive 'Snorkel Tour 21' Bucket Hat valued at $35.00 each.
b. There will be 9 winners who will receive 1x Exclusive 'Snorkel Tour 21' Bucket Hat, and 1x Sunnies, and 1x Snorkel valued at $105.00 each.
c. There will be 1 winner who will receive flights and VIP entry for 2 people to a Candyland event valued at $2,500.
22. Troy Candy will pay for the Prize in advance and for any distribution or postage costs of the Prize to each Winner.
23. Troy Candy takes no responsibility for any delay, loss or damage caused by any third party in the delivery of the Prize to the Winners.
24. The Prize may not be substituted, transferred nor redeemed for cash.
Notification of Winners
25. The winner/s will be notified by Instagram Direct Message and/or email within 1 day of the draw where the Entrant will be asked to provide their contact telephone number and address (“Contact Information”).
Claim of Prize
26. Each Winner will be asked to respond to the ‘private message’ or email within 2 business days of notification to claim the Prize (“Claim Period”) to accept the Prize and provide their Contact Information.
27. If any Winner does not respond to the ‘private message’ or email and provide their Contact Information within the Claim Period, then the Prize will be declared unclaimed and the Promoter will decide a new Winner for that Prize.
28. The Promoter will decide a new Winner for as many times as it takes for all nineteen (19) Winners to claim the Prize.
29. The Promoter reserves the right to request winners to sign a winner's deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
30. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
31. Troy Candy and its subsidiaries will collect the Entrant’s personal information in order to conduct the Competition. In addition, Troy Candy will also collect personal information in order to conduct advertisements, publications, media statements and other promotional materials associated with the Competition and Troy Candy's services and products.
32. The Entrant may not participate in the Competition if they do not provide the necessary personal information required by the terms of the Competition.
Copyright, Statutory Guarantees, waiver and liability
34. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
35. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the competition, including but not limited to being interviewed and photographed. The winners agree to grant the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners will not be entitled to any fee for such use.
36. Nothing in these Terms and Conditions limit, exclude or modify 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 the ASIC Act or similar consumer protection laws in the State and Territories of Australia ('Non-Excludable Guarantees').
37. 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) any tax liability incurred by a winner or Eligible Entrant; or (f) use of a prize The Promoter (including its' officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable Guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.