Kathmandu 12 Days of Giveaways Competition
Terms and Conditions
Enter between 12:00AM GMT-5 Thursday, 12th December 2019 and 11:59PM GMT-5 on the Tuesday, 24th December 2019 to go in the draw to win one twelve prizes as part of Kathmandu’s ’12 Days of Giveaways’. One prize will be available each day and unique to that day only.
TERMS AND CONDITIONS
1. The Promotion runs from 12:00AM GMT-5 Thursday, 12th December 2019 and 11:59PM GMT-5 on the Tuesday, 24th December 2019. Entries received by the Promoter after the end of the Promotion Period shall not be eligible to take part in the Promotion.
(i) The competition will run consecutively for the 12 Days during this time.
2. Kathmandu Pty Limited (ABN 84 007 047 547) and Kathmandu Limited (the Promoter,or Kathmandu) reserve the right to cancel, terminate, modify or withdraw the Promotion at any time.
3. This is a game of skill. Chance plays no part in determining shortlisted entrants or the winner. Each entry and entrant will be individually judged on, amongst other things, creative merit. All judging decisions are as determined by the Promoter, in their absolute discretion. The Promoter's decision is final and no correspondence will be entered into. All entries must be the independent creation of the entrant and must not have been copied or published previously in any format. You must not include any other person in your photograph/video unless they have consented to you submitting it in this competition. You must not include any person in your photograph/video who is under the age of 18 years unless you have their parent’s or guardian’s consent and, if the person is aged 13 or above, that person's consent.
HOW TO ENTER
4. Entrants must, during the Promotion Period:
a. Go to and ‘Like’ the Promoter's Facebook page at https://www.facebook.com/kathmandu/;
b. In 30 words or less answer the daily question which is proposed on that day’s giveaway. The question will change daily and can be found within the post OR Lead Generation Ad for that day.
5. Entries do not require a photo or video. 6. Entries via the Facebook feed post on Kathmandu’s page OR via the lead generation ad will be accepted. (a) Entrants can enter multiple times, provided that each entry is unique. Each entry must be submitted separately in accordance with these Terms and Conditions.
6. A judging panel appointed by the Promoter will review each valid entry and will judge the entries to determine the winner.
7. Judging will take place at the Promoter's office, 249 Park Street, South Melbourne, VIC Australia, by no later than 5.00PM each day following the daily competition closing. The winner will be notified via email or via a direct/private message on the platform which they used to enter within 72 hours of the competition closing.
8. The winner must claim the prize within 72 hours of receiving notification of their success or forfeit the prize. In the event that the winner does not claim the prize or forfeits the prize by this time or
where the Promoter is unable to contact the winner by this date, the prize will be awarded to the next best entry as determined by the judges. The new winner will be notified via a direct/private message or email from Kathmandu via the platform which they used to enter.
9. By entering this Promotion the entrant consents to any information they submit being published on any Kathmandu online properties (including Kathmandu website, email campaigns, social media).
10. The Promoter may copy and edit an entrant's entry and may use (or allow others to use) their name and entry (or an edited version of it) and any rights in relation to their entry, to publicise this Promotion or for any other purpose. These rights are perpetual, royalty free, world-wide, irrevocable and transferable and entitle the Promoter to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entrant’s entry and any accompanying materials for such purposes. For example, the Promoter may publish all or any part of an entrant's entry or any amended version of it. The Promoter may also decide not to publish an entry or to cease publication of an entry. By submitting your promotion entry and any accompanying material, you hereby agree to:
a. assign to the Promoter all your intellectual property rights that subsist therein with full title guarantee; and
b. waive all moral rights, in and to your promotion entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the relevant legislation in your country from time to time in force anywhere in the world.
11. Entrants warrant that their entry is original and does not breach any third party rights (for example, intellectual property rights) and that its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for example, it is not defamatory, in contempt of court or in breach of any privacy law). Entries must not be obscene, offensive, malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example they must not include language the Promoter deems offensive).
12. There is one (1) prize per day specific to that’s day’s giveaway as outlined in the competition social post and ad. The prizes will change during each 12 Days of Giveaways.
13. The Promoter is not responsible for any dispute between the winner and any person with whom they choose to, or choose not to, share the prize.
14. The Prize cannot be on sold, exchanged or redeemed for cash. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable goods and services tax. The Promoter is not responsible for any change in prize value. The winner agrees that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item in its absolute discretion.
15. Entrants must not:
a. tamper with the entry process;
b. engage in any conduct that may jeopardise the fair and proper conduct of the Promotion;
c. act in a disruptive, annoying, threatening, abusive or harassing manner;
d. 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 Promotion;
e. breach any law; or
f. behave in a way that is otherwise inappropriate.
16. Entry into the Promotion is available only to persons who are:
a. residents of the United States of America.
b. aged over the age of 18 (and entrants aged 16 or 17 must get approval from their parent/guardian before they enter);
17. Employees of the Promoter (and their immediate families) and its subsidiaries and related companies and any agencies associated with this Promotion are not eligible to enter.
18. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
19. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or detrimental to any person or business in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible and will be removed from the Promoter's page.
20. Entrants can only enter in their own name or social media username. Entrants entering from multiple Facebook accounts will be disqualified.
21. The Promoter reserves the right to require the entrant to produce (within the requested time) appropriate identification to the Promoter’s satisfaction at its sole discretion in order to confirm the entrant’s identity or eligibility to enter and claim the Prize (including proof of residency status, age and employment), and any information submitted by the entrant in connection with entering the Promotion, before issuing the prize.
22. If any information required by the Promoter is not received by the Promoter (or its nominated agent) within the time period specified or an entrant or entry has not been verified or validated to the Promoter’s satisfaction then the entry of that entrant will be ineligible and deemed invalid.
23. If an entrant or their entry is deemed by the Promoter to breach these Terms and Conditions including if they are unable to take the prize as specified, their entry may be discarded. Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
24. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
25. 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.
26. Kathmandu and any other person or party associated with this Promotion are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, fax equipment, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to an entrant’s or any other person’s fax equipment, mobile handset, computer or peripherals related to, or resulting from, participation in this Promotion or the downloading of any materials related to this Promotion.
27. Kathmandu and any other person or party associated with this Promotion shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with the Promotion or taking any prize or using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
28. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this Promotion are not liable for any loss of, damage to or delay in delivery of the prize.
29. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant unconditionally and irrevocably releases and discharges Facebook from any and all liability in connection with the Promotion.
30. By submitting an entry form and entering into the Promotion, the entrant:
a. warrants that all information is true and correct. Incomplete, ineligible or incomprehensible entries will be deemed invalid;
c. agrees to participate in all promotional, public or marketing activity requested by the Promoter in connection with the Promotion and delivery of the prize, including use of the prize and the winner’s image (including photograph or recording) for broadcast or publication in any medium, for an unlimited period of time without any notification, remuneration or compensation; and
d. is deemed to accept and agree to be bound by these terms and conditions.
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.
32. The terms and conditions of the Promotion are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.