DHL – Win The Prize (prize valued at $10,000)

Terms and Conditions for DHL Surf Life Saving Australia Stay Safe in Seconds (Competition)
Terms and Conditions Apply to All Entrants
1. Entry into the Competition constitutes acceptance of these terms and conditions.
2. All entry instructions and prize information in relation to the Competition published or made available by the Promoter forms
part of these terms and conditions.
Promoter
3. This Competition is conducted by DHL Express (Australia) Pty Ltd (ABN 62 001 112 929) of Airgate Business Park Building
1, 283-293 Coward Street, Mascot, NSW, 2020, Australia ( Promoter ).
Entrants
4. Entry is open to all Australian residents:
a) aged 18 years or older as at time of entry; or
b) under the age of 18 years, whose parent(s) or guardian(s) have consented to their entry into the competition
( Relevant Persons ).
5. By entering into the Competition, each entrant warrants that he or she meets the entry requirements.
Time Frame
6. The Competition will be open from 10:00AM AEDT Monday, 7 December 2020 and final entries will close 11:59PM AEDT
Sunday, 10 January ( Promotion Period ). Promoter reserves the right to extend or terminate the Competition for any
reason.
Entries
7. To be eligible to enter, Relevant Persons must submit an entry as follows or in such other form as Promoter expressly
consents to in writing ( Eligible Entry ):
a. Go to www. DHLSummer.com/staysafeinseconds
b. Submit their details on the online entry form.
c. Nominate their preferred Surf Life Saving Club to receive a prize. The Relevant Persons must nominate a
Surf Life Saving Club in Australia from the list found at: https://sls.com.au/club_directory/ (” Nominated Surf
Life Saving Club “).
d. Relevant Persons need to complete the game which focuses on multiple beach safety messages along a
beach scene and quickly ‘tap’ as many as possible to remove the icon from the beach.
e. As each of the ten rounds progress during the game, the time allowed is reduced, and each successful round
rewards the player with one of DHL’s ten beach safety awards.
8. Persons who are Relevant Persons and who submit an Eligible Entry are taken to have entered the Competition ( Eligible
Entrants ).
9. There is no limit on how many times a Relevant Person can enter the Competition.
10. Promoter has the sole discretion to approve or reject the content as an Eligible Entry (even if submitted by an Eligible
Entrant). Promoter reserves the right, at any time, to verify the validity of any entry into the Competition and or to disqualify
any entry that has not been made in accordance with these Terms and Conditions and/or tampers with the entry process of
the Competition in any way. Errors and omissions in an entry may be accepted at the Promoter’s sole discretion. Failure by
Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Judging
11. Incomplete or indecipherable entries will be deemed invalid.
12. The judging will take place at DHL Express (Australia) Pty Ltd (ABN 62 001 112 929) of Airgate Business Park Building 1,
283-293 Coward Street, Mascot, NSW Australia 2020. Judging will be conducted by one or more representatives of the
Promoter. The judges may select additional reserve entries, which they determine to be the next best, and record them in
order, in case these are required to take the place of an invalid entry or ineligible entrant.
The Winner
13. This is a game of skill. The winner will be selected at Promoter’s absolute discretion based on the highest scoring individual
to complete the game (Individual Winner). The highest score is based on the fastest time entry and the selection of the
most correct icons during the game and/ or any other criteria as the Promoter determines in its absolute discretion. If there
are multiple individuals with the same fastest time entry, the individual who has played the game the least amount of time
will be deemed the winner.
 
14. Promoter will use reasonable endeavours to announce the Winner by Thursday, 14 January 2021. Promoter will use
reasonable endeavours to notify the Winner via email, telephone or by any other means in the Promoter’s discretion.
15. If the Prize (or part of the Prize) is not claimed or taken by 10:00AM AEDT Tuesday 19 January 2021 by the Individual
Winner, ( Unclaimed Prize Date ), the Individual Winner forfeits their right to that Prize and that Prize will be distributed at
Promoter’s absolute discretion. Promoter is not obliged to substitute the Prize with another Prize or anything else. The next
selected Individual Winner, if any, will be notified in writing via email and by telephone within two (2) business days of the
Unclaimed Prize Date.
Prizes
16. There will be one (1) major prize that will consist of a DHL grant with a total monetary value of AUD$10,000 cash (GST
inclusive, if applicable), split in the following way:
a. AUD$5,000 cash (GST inclusive, if applicable) awarded to the Individual Winner; and
b. AUD$5,000 cash (GST inclusive, if applicable) awarded to the Individual Winner’s Nominated Surf Life
Saving Club.
(Together, the Prize ).
17. Promoter is not the supplier of the Prizes. The Prizes are subject to any conditions imposed by the particular supplier or
organiser. If any Prize (or part of the Prize) is unavailable, Promoter, in its absolute discretion, reserves the right to
substitute the Prize (or that part of the Prize) with another Prize or cancel the competition.
18. As a condition of accepting the Prize, the Individual Winner, and the Individual Winner’s Nominated Surf Life Saving Club
may be required to sign legal documentation in the form required by Promoter and/or prize suppliers in their absolute
discretion, including but not limited to a legal release and indemnity form. If the Winner or Winner’s companion is under the
age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required
under this clause on their behalf.
19. The Prizes (or any unused portion of any Prize) are not transferable or exchangeable, unless otherwise specified.
20. Promoter does not make any warranty in relation to the Prize.
21. The Individual Winner and the Individual Winner’s Nominated Surf Life Saving Club must provide Promoter with the details
of an Australian bank account for the respective portion of the Prize to be transferred into within seven (7) business days
following the date on which the Individual Winner claims the Prize. The relevant portion of the Prize will be transferred into
the respective bank account within 14 business days following the date on which the Individual Winner and the Individual
Winner’s Nominated Surf Life Saving Club have provided Promoter with the relevant Australian bank account details. Any
transfer of the relevant portion of the Prize to the Individual Winner’s Nominated Surf Life Saving Club will be subject to the
correctness of the bank details provided.
Costs
22. Promoter accepts no responsibility for any tax liabilities that may arise from winning a Prize.
23. Any cost, expense or outlay incurred by an Eligible Entrant in connection with the Competition, including those incurred in
entering the Competition or by accessing a website or online portal, is the Eligible Entrant’s responsibility, regardless of
whether the Eligible Entrant wins or does not win the Prize.
Intellectual Property and Consent
Each Eligible Entrant warrants that it is the owner of, and holds all intellectual property, moral or other rights in the
information the Eligible Entry it has submitted. At the time of submitting an Eligible Entry, each Eligible Entrant gives
Promoter an unconditional and irrevocable licence to use all intellectual property, moral or other rights in the Eligible Entry,
including for promotional and advertising purposes. Each Eligible Entrant consents to any act or omission which would
otherwise constitute an infringement of their intellectual property or moral rights in respect of an Eligible Entry.
24. Eligible Entrants acknowledge and agree that:
a. they consent to the full use of their entry, and any of its content by Promoter for any purpose in connection
with the Competition or Promoter, including use which may otherwise infringe the Eligible Entrant’s or content
creator’s moral rights under the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant
these rights;
b. Promoter has the discretion to:
i. publicly display the relevant content on the DHL Facebook or any other website or page in
connection with Promoter; and/or
ii. approve or reject the content as an Eligible Entry;
c. they may be contacted by Promoter to provide comments about the Competition and Promoter (or an agent
of Promoter) may take photos and videos of them;
d. Promoter may use such comments or photos, or any part of the Eligible Entry, including the Eligible Entrant’s
name ( Materials ) for Promoter’s future promotional and marketing purposes without further reference or
compensation to them;
e. Promoter may duplicate, alter, adapt and utilise the Materials as Promoter wishes at anytime, anywhere and
by any means;
f. Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
 
g. they grant to Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence
to use the Materials for any purpose;
h. they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their
moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth) ) and present any future
rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this
consent is given (” Moral Rights “); they waive all Moral Rights in the Materials that arise outside Australia;
and they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral
Rights in the Materials; and
i. they consent to Promoter using their name, likeness, image and/or voice if they are the Winner (including
photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for
the purpose of promoting this Competition (including any outcome), and promoting any products
manufactured, distributed and/or supplied by Promoter.
Disqualification
25. Eligible Entrants agree that they are fully responsible for any materials they submit via the Competition including but not
limited to any video submitted with the entry, comments or images ( Content ). The Promoter shall not be liable in any way
for such Content to the full extent permitted by law.
26. Eligible Entrants warrant and agree that they will:
a) not submit an entry or Content that contains any material determined by Promoter, in its absolute discretion, to be
obscene, offensive, inappropriate, unlawful or fraudulent, in breach of any intellectual property, privacy, publicity or
other rights, defamatory, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening,
objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise
unsuitable for publication;
b) ensure their Content shall not contain viruses or cause injury or harm to any person or entity;
c) obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d) ensure the Content is the original work of the entrant that does not infringe the rights of any third party;
e) comply with all applicable laws and regulations, including without limitation, those governing copyright, content,
defamation, privacy, publicity and the access or use of others’ computer or communication systems;
f) comply with these Terms and Conditions;
g) not tamper with the entry process or engage in any unlawful or other improper misconduct calculated to jeopardise the
fair and proper conduct of the Competition;
h) not use any automated entry software or any other mechanical or electronic means that allows an individual to
automatically enter the Competition repeatedly; and
i) not, in the opinion of Promoter, tamper or interfere with the entry mechanism in any way, or fail to properly comply
with the entry process.
27. Any entrant or entry which fails to comply with these Terms and Conditions is not eligible to win, unless Promoter exercises
its discretion to permit the entry or entrant to remain eligible.
28. Promoter reserves the right, at any time, in its absolute discretion, to:
a) refuse to accept any entry and/or disqualify or remove any entry, and to disqualify any individual;
b) take such other action in relation to the entry or individual as Promoter deems appropriate and in the interests of the
Competition, including making a public statement; and
c) verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence).
Without limitation, Promoter may exercise the rights set out in this clause if it has reason to believe that, or deems that, an
entrant or entry is in breach of, or likely to breach, these terms and conditions.
29. Incomplete, indecipherable, illegible or incorrect entries are deemed invalid and are ineligible to win. Promoter is entitled to
determine which entries are incomplete, indecipherable, illegible or incorrect, in its absolute discretion. However, errors,
omissions and other defects may be accepted at Promoter’s discretion.
Privacy
30. Eligible Entrants’ personal information will be collected by or on behalf of Promoter to enable it to administer the
Competition and publicise its Winner, and if Eligible Entrant consents, may be used to market its product to the Eligible
Entrant. The personal information of the Winner may be provided to others assisting in the conduct of the Competition,
including the Competition administrator, Prize suppliers and deliverers. Promoter will use and handle personal information
as set out in its Privacy Policy. Promoter’s Privacy Policy is available at http://www.dhl.com.au/en/legal.html. Persons may
contact Promoter at Privacy_express@dhl.com.au, as if they were a customer of Promoter. The entrant agrees that
Promoter can continue to contact them even after this Competition ends.
Liability, and Indemnity by Eligible Entrant
31. By entering and participating, entrant agrees to hold harmless, defend and indemnify Promoter (and any prize supplier)
from and against any and all direct and indirect claims, demands, liability, damages or causes of action (however named or
described), losses, costs or expenses, and consequential loss with respect to or arising out of or related to (i) entrant’s
participation in the Competition (ii) breach of any of these Terms and Conditions, or (iii) entrant’s participation in any Prize
related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss,
damage, personal injury or death caused to any person(s)).
32. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the
statutory consumer guarantees as provided under any consumer protection laws in the Commonwealth or in the States and
 
Territories of Australia to the extent that by law they cannot be excluded. Except for any liability that cannot by law be
excluded, the Promoter (including its respective officers, employees and agents) excludes, to the maximum extent
permitted by law, all any and all claims, demands, liability, damages or causes of action (however named or described),
losses, costs or expenses, with respect to or arising out of or related to the Competition, any Eligible Entrant or Entry, or
these Terms and Conditions, including without limitation in respect of:
a. any loss or damage (including but not limited to loss of opportunity loss of profit, loss of sales, loss of market,
loss of goodwill or reputation) whether direct, indirect, third party claims, incidental, special or consequential,
loss of market, loss of contract, arising in any way;
b. the flights, accommodation or transfers or other travel services provided pursuant to any prize awarded
under this Competition (Eligible Entrants deal with any third party providing such services entirely at their
own risk);
c. any personal injury;
d. property damage;
e. breach of confidence;
f. technical difficulties or equipment malfunction;
g. theft, unauthorised access or third-party interference;
h. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt
by the Promoter);
i. breach of intellectual property rights;
j. any variation in prize value to that stated in these Terms and Conditions; and
k. any part of the Prizes that may be lost, stolen, forged, damaged or tampered with in any way before it
reaches the Winner.
33. Notwithstanding the above, for any liability that cannot by law be wholly excluded, Promoter’s liability, is limited to the
maximum extent permitted by law and at Promoter’s option, the supplying of the Prizes (or other relevant goods or
services) again or the payment of the cost of having the Prizes (or other relevant goods or services) supplied again.
34. It is acknowledged that the Competition is entered by Eligible Entrants voluntarily, for little or no consideration, and that
Promoter has an absolute discretion to extend, terminate, cancel or modify (subject to Eligible Entrants being able to
withdraw from the Competition) the Competition in any way whatsoever. Without limitation, this right may be exercised if,
for any reason, the Competition is interfered with in any way or is not capable of running as planned, including but not
limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other
causes beyond the reasonable control of Promoter, which corrupt or affect the administration, security, fairness, integrity or
proper conduct of this Competition.
35. Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be
deemed to be accepted at the time of receipt by Promoter and not at the time of transmission. No responsibility will be
taken for lost, late or misdirected entries. Promoter is not responsible for technical difficulties with the entry mechanism and
does not warrant that the entry mechanism will be available at all times.
Miscellaneous
36. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Promoter’s legal
rights to bring a claim or cause of action or to recover damages or other compensation are reserved.
37. If there is a dispute concerning the conduct of the Competition, the decision of Promoter is final and binding on each
Eligible Entrant and no correspondence will be entered into. The judge’s and the Promoter’s decisions (including any
decisions as to prize distribution) are final and Promoter will not enter into any correspondence (regarding the result or
otherwise).
38. If there is a dispute as to the identity of an Eligible Entrant, Promoter reserves the right, in its sole discretion, to determine
the identity of the Eligible Entrant.