Pure x Tesla Competition Terms
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE.
The Bondi Sands Sweepstakes (the “Bondi Sands Sweepstakes”) and the Refer-a-Friend Sweepstakes (the “Refer-a-Friend Sweepstakes”) (the “Bondi Sands Sweepstakes” and the “Refer-a-Friend Sweepstakes” collectively referred to as the “Sweepstakes”) are open only to legal residents of the United States and the District of Columbia, the United Kingdom, Australia, and New Zealand who, at the time of entry, are at 18 years of age and the age of majority in their local jurisdiction, or 16 or 17 years of age with parent or guardian consent. Void where prohibited by law. Directors, management, staff, employees of Sponsor, or any of their/its parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes, and their immediate family (spouse, ex-spouse, defacto partner, parents and step parents, grandparents and step grandparents, siblings and step siblings, uncle, aunt, niece, nephew, brother, sister, step brother, step sister, first cousin and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon selected Entrant fulfilling all requirements set forth herein.
Sponsor: Bondi Sands Pty Ltd (ABN 98 613 297 813) Suite 11, 574 Plummer Street, Port Melbourne Victoria 3207 Australia. The Sponsor is the Promotor of the Sweepstakes.
Phone number: 1300 961 385
3.Sweepstakes Entry Period.
The Sweepstakes Entry Period shall begin on January 19, 2021 at 9:00 a.m. Australian Eastern Daylight Time (“AEDT”) (January 18, 2021 at 5:00 p.m. Eastern Time (“ET”)) (January 18, 2021 at 10:00 p.m. Greenwich Mean Time (“GMT”)) and end on March 11, 2021 at 11:59 p.m. AEDT (March 11, 2021 at 7:59 a.m. ET) (March 11, 2021 at 12:59 p.m. GMT) (the “Sweepstakes Entry Period”) . Entries received outside the Sweepstakes Entry Period will be void. Sponsor is the official timekeeper for this Sweepstakes.
4.How to Enter the Sweepstakes.
The Bondi Sands Sweepstakes: There are two (2) ways to enter the Bondi Sands Sweepstakes:
All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Maximum of two (2) entries in the Bondi Sands Sweepstakes per Entrant during the Sweepstakes Entry Period regardless of entry method. Entries beyond the permitted number are void. Use of a multiple email addresses or any automated system to enter is prohibited and will result in disqualification.
Refer-a-Friend Sweepstakes: Entrants in the Bondi Sands Sweepstakes may also participate in the Refer-a-Friend Sweepstakes. In order to receive one (1) entry in the Refer-a-Friend Sweepstakes, during the Sweepstakes Entry Period and after you have entered the Bondi Sands Sweepstakes, click the link on the Site to send an email to your friend inviting them to participate in the Bondi Sands Sweepstakes. There is a maximum of five (5) entries in the Refer-a-Friend Sweepstakes during the Sweepstakes Entry Period per person. Entries beyond the permitted number are void. Use of a multiple email addresses or any automated system to enter is prohibited and will result in disqualification.
5.Sweepstakes Winner Selection.
Bondi Sands Sweepstakes: On or about 12 March 2021 at 1:00 p.m. AEDT (11 March 2021 at 9:00 p.m. ET) (12 March 2021 at 2:00 a.m. GMT), (the “Drawing Date”), Sponsor will select one (1) entry in a random drawing at Trade Promotions and Lotteries Pty Ltd, Level 2, 11 York Street, Sydney NSW 2000 Australia among all valid entries received in the Bondi Sands Sweepstakes during the Sweepstakes Entry Period. A winner will be chosen by random draw supervised by an independent person. On or about 13 March 2021 at 1:00 p.m. AEDT (12 March 2021 at 9:00 p.m. ET) (13 March 2021 at 2:00 a.m. GMT), Sponsor will contact the potential Prize winner by email using the email address the potential Prize winner used to enter the Bondi Sands Sweepstakes. The Sponsor will not amend any contact information once the competition entry form has been submitted. Failure by potential Prize winner to respond to the initial verification within 30 days of notification may result in disqualification, and Sponsor may, at its discretion select an alternate potential Prize winner from all remaining valid entries. In the event that the winning entry was obtained through the purchase method of entry, the potential Prize winner will be required to demonstrate proof that they purchased a Pure Bondi Sands product within the Sweepstakes Entry Period. Odds of winning a Prize depends on the number of eligible entries received during the Sweepstakes Entry Period.
For the avoidance of all doubt, the determination of the potential Prize winner will be carried out in the presence and under the supervision of an independent scrutineer.
Refer-a-Friend Bonus Sweepstakes: On the Drawing Date (defined above), Sponsor will select one (1) entry in random drawing among all valid entries received in the Refer-a-Friend Sweepstakes during the Sweepstakes Entry Period. Odds of winning a Prize depends on the number of eligible entries received in the Refer-a-Friend Sweepstakes during the Sweepstakes Entry Period.
Bondi Sands Sweepstakes: There is only one (1) Prize available in the Bondi Sands Sweepstakes (the “Bondi Sands Prize”). The verified Bondi Sands Prize winner (“Bondi Sands Verified Prize Winner”) will receive one (1) Tesla Model 3 (color, design, and features, including but not limited to interior and exterior features, to be decided in Sponsor’s discretion). In the event that the Bondi Sands Verified Prize Winner resides in the United States, the Prize shall also include $15,000 USD to be applied toward the Bondi Sands Verified Prize Winner’s tax obligations. As detailed below, the total approximate retail value of the Bondi Sands Prize shall differ based on the Bondi Sands Verified Prize Winner’s location.
Approximate retail value of the Bondi Sands Prize in the United States: USD$37,990.
Approximate retail value of the Bondi Sands Prize in Australia: AUD$68,425.
Approximate retail value of the Bondi Sands Prize in New Zealand: NZ$76,475.
Approximate retail value of the Bondi Sands Prize in the United Kingdom: £42,500.
THE BONDI SANDS PRIZE IS OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OR GUARANTEE BY SPONSOR OTHER THAN WHAT IS EXPRESSLY INCLUDED WTH THE BONDI SANDS PRIZE.
All expenses not expressly listed in these Official Rules are the sole responsibility of the Bondi Sands Verified Prize Winner. Bondi Sands Prize may be transferred, but may not be substituted or redeemed for cash by Bondi Sands Verified Prize Winner, except as set forth herein. Odds of winning a Bondi Sands Prize depend on the number of valid and eligible entries received during the Sweepstakes Entry Period.
All non-stated options and features of the Bondi Sands Prize are in Sponsor's discretion and subject to availability. Sponsor shall make arrangements with the Bondi Sands Verified Prize Winner to award and deliver the Bondi Sands Prize. Bondi Sands Prize Winner must provide proof of insurance and a valid driver's license in order to receive the vehicle included in the Bondi Sands Prize. In the event that the Bondi Sands Prize Winner is a minor under the age of 18 years, the such Bondi Sands Prize Winner’s parent and/or guardian must accept the Bondi Sands Prize on Bondi Sands Prize Winner’s behalf. In the event that Bondi Sands Prize Winner’s parent and/or guardian does not accept the Bondi Sands Prize, then the Bondi Sands Prize shall be forfeited and an alternate Bondi Sands Prize Winner shall be selected. For purposes of federal United States taxes, the net fair market value of the Bondi Sands Prize, plus any published cash award applied toward the tax requirement, as of the date the Bondi Sands Verified Prize Winner receives the Bondi Sands Prize, will determine the net fair market value of the Bondi Sands Prize, not the approximate current retail value of the Bondi Sands Prize. If the cash portion of a Bondi Sands Prize, should any exist, does not fulfill the Bondi Sands Verified Prize Winner’s tax obligations, then the Bondi Sands Verified Prize Winner will be required to fund the difference at the time of (or prior to) receiving the Bondi Sands Prize. Bondi Sands Verified Prize Winner is solely responsible for all taxes resulting from winning the Bondi Sands Prize, including all federal, state provincial, municipal, and local, taxes, fees, assessments, and other similar charges. No substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed Bondi Sands Prize for one of equal or greater value for any reason.
Refer-a-Friend Sweepstakes: There is one (1) prize available in the Refer-a-Friend Sweepstakes (the “Refer-a-Friend Prize”). The Refer-a-Friend Verified Prize Winner will receive one (1) product hamper containing Bondi Sands Products. Approximate retail value of the Refer-a-Friend Prize: $100 AUD. All expenses not expressly listed in these Official Rules are the sole responsibility of the Refer-a-Friend Verified Prize Winner. Refer-a-Friend Prize may be transferred, but may not be substituted or redeemed for cash by Refer-a-Friend Prize Verified Winner, except as set forth herein. Odds of winning a Refer-a-Friend Prize depend on the number of valid and eligible entries received in the Refer-a-Friend Sweepstakes during the Sweepstakes Entry Period.
“Bondi Sands Prize” and “Refer-a-Friend Prize” collectively referred to as a “Prize.”
7.Verification of Potential Winner(s).
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Any potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential Prize winner(s) may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. In the event that the Prize Winner is under the age of 18 years, such Prize Winner’s parent and/or guardian must also execute the Affidavit. Sponsor may but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner or potential winner’s parent and/or guardian, if applicable, declines or cannot accept, receive or use the Prize for any reason; (c) of non-compliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the Prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner and/or potential winner’s parent and/or guardian, if applicable, fails to fulfill the Affidavit-related obligations, the potential Prize winner shall be disqualified from the Sweepstakes and an alternate potential Prize winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner, if any.
8.Entry Conditions and Release.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to these Sweepstakes; (b) release and hold harmless Sponsor and its parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize.
Except where prohibited, you agree that participation in the Sweepstakes constitutes Verified Prize Winners’ consent to Sponsor’s and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media (whether now known or invented in the future), worldwide, without further payment or consideration but that Sponsor is not required to make such use.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law 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. In the event that Sponsor experiences a technical failure during admission of the Sweepstakes that causes the Sweepstakes to be suspended, Sponsor shall select a winner by random drawing from all valid entries received in the applicable Sweepstakes up to the point of the technical failure.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled.
- 11.Limitations of Liability.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of Prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, acts of God, civil unrest, strike, war, act of terrorism, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, epidemic, pandemic, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
Without limiting the previous paragraph, the Sponsor and its associated agencies and companies will not be liable for any damage to or delay in transit of any Prize.
Insofar as is permitted by law, the Sponsor, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Sponsor, its agents or distributors or that of their employees. Your statutory rights are not affected.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN US DOLLARS (USD $10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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 RELEASING PARTY.”
Except where prohibited by law, as a condition of participating in the Sweepstakes, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
The sweepstakes for UK residents will be governed by English law and entrants submit to the jurisdiction of the English courts.
The sweepstakes for Entrants resident in Australia will be governed by the laws particular to each of the eight (8) states and territories and Entrants submit to the jurisdiction of the courts or tribunals in the eight (8) states and territories as relevant.
13.Entrant’s Personal Information.
For Sweepstakes results in the United States, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Bondi Sands Sweepstakes [Suite 11, 574 Plummer Street, Port Melbourne, Victoria 3207]. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Sweepstakes Entry Period.
In the UK, the Sponsor is under a duty to either publish or make available information that indicates that a valid award has taken place. To comply with this obligation the Sponsor will send the surname and county of the prize winner, and if applicable copies of their winning entries, to anyone who emails firstname.lastname@example.org or writes to Suite 11, 574 Plummer Street, Port Melbourne, Victoria 3207 (enclosing a self-addressed envelope) within one month after the closing date stated in paragraph 3. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Sponsor email@example.com. In such circumstances, the Sponsor must still, in any event, provide this information and winning entry to the Advertising Standards Authority if requested to do so.
In Australia, the Sweepstakes results, particularly the public announcement of winners will be published on https.//www.instagram.com/bondisands/ and on the Site by 13 March 2021 at 1:00 p.m. AEDT (12 March 2021 at 9:00 p.m. ET) (13 March 2021 at 2:00 a.m. GMT).
NSW Authority No. TP/00596
SA Permit No. T20/1556
ACT Permit No. TP 20/01844
Questions?: Please email us at firstname.lastname@example.org