NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Contest Period. The P.E. Nation October 2021 Contest (the “Contest”) will begin at 09:00:00 a.m. Australian Eastern Daylight Savings Time (“ADST”) May 10 /06:00:00 p.m. Eastern Daylight Savings Time (“EDT”) on May 9, 2022 and will continue to run for the foreseeable future. No purchase is necessary to enter or win.
By participating in the Contest, entrants represents that they have reviewed, accepted and agreed to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook, Instagram or META. You understand that you are providing your information to the Sponsor and not to Instagram or Facebook.
2. Business. The Competition is run by:
37 Doody Street
Alexandria NSW 2015
ABN 20 353 697 549
Email Address: email@example.com
3.Eligibility. Open to legal residents of Australia, New Zealand and the 50 United States, The EU. Employees, officers and directors of Sponsor, Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, as well as the household members (whether or not related) and immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, or spouses) of each are ineligible to enter the Contest or win a prize. This Contest is subject to all applicable federal, state, territorial and local laws and regulations.
Proof of submitting an entry does not constitute proof of receipt by Sponsor. By entering the Contest and/or submitting any Submission, you hereby grant to Sponsor, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free right and license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly perform, publish, create a derivative work from, and publicly display the Submission, or any portion thereof, in any media now known or later developed and for any purpose (collectively, the “Rights”). Entrants agree that Sponsor does not have any obligation to provide any compensation or attribution to entrants for their Submission or the licenses granted herein. Entrants further certify that they have all rights and licenses necessary to grant to Sponsor the Rights granted in the Submissions. Entries will not be returned to the entrant or acknowledged.
5. Judging and Winner Selection. All eligible Submissions will be by a random email selector and all competition winners are final.
In the event of a dispute concerning the identity of any potential winner, the potential winner’s entry will be deemed submitted by the natural person who is the authorized holder of the email account provided at the time of entry as long as such person is otherwise eligible in accordance with these Official Rules
There is one (1) prize to be drawn each month, during the first week of the month. There is one (1) major prize of a $1,000 Gift Voucher to be one. The winner will be drawn from a combination of all total entries.
Vouchers are subject to separate terms and conditions imposed by issuer. All ancillary costs associated with redeeming the voucher, if any, are not included. Any unused balance of the voucher will not be awarded as cash. Limit one (1) prize per person.
Prizes are awarded “AS IS” with no warranty or guarantee, either express or implied by P.E Nation, to the extent permitted by law. Prizes are subject to the terms and conditions of the issuer, and Sponsor will not replace any lost or stolen prize. The P.E. Nation gift voucher, which is subject to Sponsor’s terms and conditions, must be used within twelve (12) months of the date of issuance. Except where prohibited by law, winner is solely responsible for all expenses not specifically included herein and all federal, state, territorial, and/or local taxes, and fees in connection with the Prize. Failure to comply with the Official Rules will result in forfeiture of the Prize. If for any reason the winner does not take a prize (or an element of the prize) at the time stipulated by the Sponsor, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash and the entrant with the Submission having the next highest score may be named the potential winner at Sponsor’s sole discretion.
7. Winner Notification. Winner is subject to verification. The potential prize winner will be notified by email using the email address supplied on the Entry Form. If the potential prize winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or the prize is returned as undeliverable, the prize will be forfeited and may be awarded to the entrant whose Submission had the next highest score. Except where prohibited by law, participation in the Contest constitutes potential winner’s consent to Sponsor’s use of winner’s name, image, likeness, photograph, voice, and city and state of residence for promotional purposes in any media, worldwide, irrevocably and in perpetuity without further notice, payment, or consideration to the potential winner.
9. General Conditions. Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are made in the Sponsor’s sole discretion and are final and binding in all matters related to the Contest. Sponsor reserves the right to disqualify any entrant who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the Contest or intends to annoy, abuse, threaten or harass any other entrant or Sponsor. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitation of Liability. Nothing in these Official Rules limits, excludes or modifies 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 any similar consumer protection laws in the States and Territories of Australia or the Unites States (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability for (a) any late, lost, damaged, misdirected, incorrect or incomplete entries; (b) any typographical errors in the offer or administration of the Contest, including, but not limited to, errors in any Contest-related materials, including all advertising for the Contest, these Official Rules and the distribution of a prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (d) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (f) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (g) suspended or discontinued Internet, wireless or landline phone service; or (h) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest.
If the Contest is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, or any other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend the Contest and prize award, and Sponsor reserves the right to award the prize using all known eligible entries received as of the date of termination in a manner deemed fair and equitable by Sponsor. Sponsor and “Released Parties” (as defined below) shall not have any further liability to any participant in connection with the Contest. If, for any reason, there are more winners than prizes to be awarded, the Sponsor reserves the right to award any remaining prizes through a random drawing of all eligible winners. No more than the number of prizes listed herein will be awarded.
11. Release. Except where prohibited, by participating in the Contest, entrants agree to release, indemnify, defend and hold harmless Sponsor, Facebook Inc. and Instagram, Inc., their respective subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of your participation in the Contest or from your receipt, acceptance, use or misuse of any Contest prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical malfunctions related to computer hardware or software, servers, Internet connectivity, or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical or printing errors in any Contest-related materials; (e) errors in the administration of the Contest or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g) unauthorized human or non-human intervention of the operation of the Contest, including, without limitation, unauthorized tampering, hacking, theft, virus, bug, worm, or destruction of any aspect of the Contest; or (h) injury or damage to persons or property and/or death. Each entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. Entrants hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. Force Majeure. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
13. Governing Law / Jurisdiction. The Contest is subject to all applicable, as the case may be, national, federal, territorial, state, and local laws of Australia and the United States of America. To the extent permitted by law, entrants consent to the jurisdiction and venue of the courts located in New South Wales, Australia for the resolution of any disputes, claims and causes of action arising out of or relating to this Contest or the prize (individually, “Claim”). All Claims shall be resolved individually, without resort to any form of class action. Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs incurred with entering this Contest. Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or third party participants, whether foreseeable or not and whether based on negligence or otherwise.