Full Terms and Conditions
Deus Ex Machina Motor Cycles Pty Ltd ACN 111 912 693
‘SLIDETOBER’ Terms and conditions
These terms and conditions (Terms) will govern the Slidetober competition, the rules, prizes and other terms of which are set out in the terms below (Competition). The Competition is operated and promoted by Deus Ex Machina Motor Cycles Pty Ltd ACN 111 912 693 of Level 1, 98-104 Parramatta Road, Camperdown NSW 2050 (Deus). Each person who submits an entry into the Competition (each a Competitor) acknowledges that they have read these Terms and agree to be bound by them.
1. Conditions of Entry and Eligibility
1.1 The Competition is only available to individuals who satisfy each of the following criteria (Eligible Persons):
(a) The entrant is ordinarily resident in Australia.
(b) The entrant is physically present in Australia at the time of their entry into the Competition.
(c) The entrant is, as at the first day of the period for which entries into the Competition are accepted in accordance with section 3.2, at least 18 years of age.
(d) The entrant is not barred from entry into Indonesia or any other place they would enter were they to be awarded any prize in the Competition and not forfeit any element of that prize (Travel Location).
(e) The entrant holds, or is able to obtain before the period in which any travel is undertaken as part of any Prize (Travel Period), a valid passport (with at least 6 months validity beyond the period of intended stay in each Travel Location) and any necessary visa, permit, authority or similar thing granting them access to each and every Travel Location.
(f) The entrant must not be an employee or officeholder of Deus or any of its related entities.
(g) The entrant must not be a spouse, ex-spouse, de-facto partner, child, step-child (whether natural or adopted), parent, step parent, grandparent, step-grandparent, aunt, uncle, nephew, niece, sister, brother step-sister, step-brother or first cousin, of any employee or officeholder of Deus or any of its related entities.
1.2 Each Eligible Person is entitled to make only one (1) entry into the Competition.
2. Prize Details
2.1 Subject to these Terms, the prize awarded to the winner (Prize) consists of the following:
(a) 2 x return economy class airfares from Sydney to Bali, valued at approximately AU$1,500;
(b) 5 nights’ twin share accommodation in Bali (for 11, 12, 13, 14 and 15 October 2017) valued at approximately AU$500;
(c) meals and drinks package at the Deus Temple of Enthusiasm, valued at approximately AU$600;
(d) VIP access to the Slidetober event;
(e) Airport transfers in Bali, valued at approximately AU$100, and
(f) Deus Ex Machina products, valued at approximately AU$300;
with an approximate total value of AU$3,000. There will only be one winner of the Prize as judged by Deus in accordance with clause 4 (Winner).
2.2 Deus takes no responsibility for the accuracy of any monetary amount stated in these Terms, and Competitors acknowledge that those amounts are subject to change and to any substitution of any elements of the Prize permitted in accordance with these Terms.
2.3 The Prize is given subject to any terms, conditions, rules or requirements imposed by each supplier of the elements constituting the Prize. Without limiting the foregoing, the Competitor acknowledges that, subject to any change in any element of the Prize consisting of air travel, carry-on baggage is limited to 7 kilograms per person.
2.4 Notwithstanding any other part of these Terms, Deus will, in its sole discretion, determine the details of all elements of the Prize. Deus reserves the right to replace the Prize with a substitute prize of equivalent value determined in its sole discretion. Where it does so, “Prize” in these Terms will be construed as referring to the prize substituted by Deus in accordance with this clause 2.4.
2.5 The Prize is not transferrable and is not redeemable for cash. In the event that any element of the Prize is not taken up, used, exercised or consumed (as appropriate), that element of the Prize is taken to be forfeited by the Winner and cash will not be awarded in lieu of that element of the Prize.
2.6 The Winner and any other person who obtains the benefit of any Prize (such as a travelling companion) must, as a condition of accepting the Prize:
(a) be available, willing and able to travel to the Travel Location(s) for the Travel Period in accordance with these Terms;
(b) submit to any reasonable medical examination by a medical practitioner nominated by Deus which Deus reasonably requires to determine that the Winner and any guest of the Winner are able to travel to the Travel Location(s); and
(c) sign any legal documents reasonably required by Deus, including without limitation a legal release and indemnity, for example in relation to any risks voluntarily assumed by the Winner and/or the guest at the Travel Destination.
3. Competition Process
3.1 In order for a Competitor to enter the Competition, the Competitor must:
(a) spend AU$100 or more:
(i) at any of the following stores:
(A) Deus Ex Machina Camperdown, 98-104 Parramatta Road Camperdown, NSW 2050;
(B) Deus Ex Machina Penrith, Shop 307, Westfield Shopping Centre, 585 High Street, Penrith NSW 2750;
(C) Deus Ex Machina Byron Bay, 17 Lawson St, Byron Bay NSW 2481;
(D) Deus Ex Machina Warringah, Shop 2110, Westfield Warringah Mall, Condamine St & Old Pittwater Rd, Brookvale NSW 2100, or
(ii) online at www.deuscustoms.com (where items purchased are delivered to an address in Australia); and
(b) enter the receipt number for that purchase online at www.deuscustoms.com/slidetober-competition; and
(c) when prompted, answer "If you could take only one item to Slidetober 2017, what would it be?”.
3.2 Entries into the Competition will be accepted by Deus only for the period between 12pm (AEST) on 5 August 2017, and 11pm (AEST) on 15 September 2017.
3.3 The Winner will be determined in accordance with section 4.
3.4 Any entry into the Competition containing errors or omissions may be accepted, rejected or amended at the discretion of Deus.
3.5 Deus reserves the right to terminate, modify or suspend the Competition or the Prize (including any element of the Prize) in any way it sees fit in the event of any war (whether declared or not), terrorism, civil strife, civil unrest or natural disaster, directly or indirectly affecting any Travel Location, or any other event beyond Deus’ control preventing the Competition being run.
4. Selection of Winner
4.1 Deus must appoint a person or persons to judge entries into the Competition and to determine the winner of the Competition (Judge or Judges).
4.2 Deus must ensure that each Judge is suitably qualified to judge the Competition.
4.3 The Judge (or the Judges collectively) must review each entry into the Competition and determine the Winner solely on the basis the creativity of the winning entry, having regard to no other factor. For the avoidance of doubt, the Competitor who submits the entry judged to be the most creative will be the Winner.
4.4 The Judge or Judges will review and judge all entries to the Competition on or around the period 10 September 2017 to 15 September 2017.
4.5 If any dispute arises as to the identity of any Winner, Deus will determine the Winner in its discretion, using reasonable endeavours to determine the correct Winner.
5. Notification of Winner
5.1 The Winner will be notified on or around 17 September 2017 by email to the email address provided with the Winner’s entry into the Competition.
5.2 Upon Deus’ contact with the Winner, the procedure and method for the claiming of the Prize will be as reasonably determined by Deus.
5.3 If the Prize is not claimed by the Winner by 20 September 2017, that Winner will be deemed to have been disqualified from the Competition and a different Winner (Alternative Winner) will be chosen using the methodology outlined in section 4. The Alternative Winner, if any, will be notified by email to the email address provided with the Alternative Winner’s entry into the Competition.
5.4 If the Alternative Winner does not accept the Prize within a reasonable time as determined by Deus, that Winner will be deemed to have been disqualified from the Competition and another, different Alternative Winner will be chosen using the methodology outlined in section 4. The process outlined in this clause 5.4 will be repeated as many times as is reasonable having regard to the nature of the Prize and any relevant dates of travel, and if no Winner can be determined within a reasonable time, there will be no Winner and no Prize will be awarded.
5.5 Deus may request to view any identification document reasonably required by Deus of any person who purports to be the Winner. In its discretion, Deus may refuse to award any prize to any person who refuses such a request.
6. Costs and Expenses
6.1 The Winner is solely responsible for any costs and expenses other than what is expressly provided for in the Prize described at section 2. The Winner and their guest are solely responsible for the costs of their travel to and from Sydney Kingsford Smith Airport, their own travel insurance (which is recommended), meals, drinks and incidentals not included in the Prize, passport fees, visa fees and other sundry expenses incurred by the Winner and their guest..
6.2 No Competitor will be reimbursed any expenses incurred in entering the Competition, including in the event that the Competitor is the Winner.
6.3 The Winner of the Prize is solely responsible for the payment of any taxes, duties, levies or similar thing which is incurred or payable as a result of entry into the Competition or the awarding of the Prize.
7.1 In its discretion, Deus may disqualify from the Competition any person who, in the reasonable opinion of Deus:
(a) has breached these Terms;
(b) has engaged in any unlawful or improper conduct in connection with the Competition;
(c) infringes the intellectual property of any third party as a result of their participation in the Competition;
(d) engages in any defamatory conduct in connection with their participation in the Competition; or
(e) incites or promotes violence or hatred as a result of their entry into the Competition; or
(f) as a result of any past conduct of the Winner may cause the reputation of Deus to be damaged as a result of its association with the Winner.
7.2 Any disqualification by Deus of any person from the Competition is final and binding.
8. Nominated guest for Prize
8.1 The Winner must nominate their guest, who will be their travelling companion for the purposes of redeeming the Prize. The nominated guest must consent to accompanying the Winner to the Travel Location (Guest).
8.2 In redeeming the Prize, the Winner represents and warrants to Deus that the Guest complies with the provisions of clauses 1.1 as if that person was an ‘entrant’.
9.1 The Prize is accepted by the Winner at the Winner’s risk. Subject to these Terms and to the extent permitted by law, Deus, its officeholders and each of its Competition and Prize suppliers disclaim any and all liability for any type of cost, loss, damage, death, injury or harm suffered or incurred by any person in connection with the Competition, and any Prize, in all jurisdictions.
9.2 The Winner and any person accompanying them on any travel element of the Prize must take out appropriate travel insurance for the Travel Period at their own expense.
9.3 The Winner must confirm that, prior to the time it undertakes any element of the Prize consisting of travel, it has valid passports and visas which meet the requirements of immigration and other government authorities at every Travel Location. Any fines, penalties, or other liabilities incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner.
9.4 Notwithstanding any other provision of these Terms and to the extent permitted by law, the total aggregate liability of Deus, its officeholders and any related bodies corporate (as defined in the Corporations Act 2001 (Cth)) is limited to $5,000.
9.5 Notwithstanding any other provision of these Terms and to the extent permitted by law, Deus will not under any circumstances be liable for any indirect or consequential loss howsoever arising, including without limitation lost earnings or loss of chance.
9.6 The Competitor warrants that it will not act or omit to act in any way which is defamatory or unlawful in connection with the Competition.
10. Intellectual Property
10.1 Each Competitor warrants that they have all necessary intellectual property rights required to submit their entry into the Competition without infringing the intellectual property rights of any other person.
10.2 Subject to the obligations of Deus in relation to privacy set out in these Terms, the Competitor grants to Deus a perpetual, royalty-free, transferrable, worldwide licence to use and publish the entries of any Competitor into the Competition for any purpose desired by Deus.
10.3 Each Competitor waives any moral rights (as defined in the Copyright Act 1968 (Cth)) subsisting in their entry into the Competition.
11.2 These Terms and the Competition do not create any relationship of agency, partnership, joint venture or employment between any Competitor and Deus.
11.3 If any provision of these Terms (or part thereof) is found to be invalid or unenforceable for any reason, that provision (or part thereof) must be construed as narrowly as possible to avoid that invalidity or unenforceability, or if that is not possible, that provision (or part thereof) will be treated as having been deleted from these Terms.
11.4 These Terms are governed by the laws of New South Wales, Australia, and each party to these Terms hereby submits to the non-exclusive jurisdiction of the courts of that State.
11.5 These Terms constitute the entire agreement in relation to its subject matter and supersede any prior discussions, negotiations, terms, arrangements or understandings in relation to that subject matter.
11.6 The Competition is in no way sponsored by, endorsed by, or otherwise associated with, Instagram, Facebook, Vimeo or any other social media provider or platform on which the Competition is featured or accessible.