Hydralyte Sports x ZAHLI KELLY x Surfing Australia High Performance Centre Competition Terms and Conditions

General

1. The Promoter is Surfing Australia ABN: 91828043399. Surfing Australia Head Office 9 Barclay Drive Casuarina NSW 2487 and the competition is supported by Care Pharmaceuticals Pty Ltd (ABN: 30 009 200 604) of Suite 302, Level 3 59-75 Grafton St, Bondi Junction, NSW 2022 (Promoter).

2. Information on how to enter and the Prize (as defined below) forms part of these Terms and Conditions. Entry into the competition (Competition) is deemed acceptance of these Terms and Conditions.

3. If there is any inconsistency between these Terms and Conditions and anything else that refers to the Competition, these Terms and Conditions will prevail.

Who Can Enter

4. Entry in the Competition is only open to Australian residents aged 18 years or older, excluding:

a) employees, management, directors, contractors and subcontractors of the Promoter, the Promoter’s related entities, and other agencies, firms or companies associated with the Competition;

b) a spouse, de facto spouse, ex-spouse, parent, guardian, child or sibling of a person referred to in subclause 4(a);

c) persons who have breached the terms and conditions of any promotion or competition run by or on behalf of the Promoter,

(Eligible Entrant). The persons referred to in subclause 4(b) includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

5. The Promoter reserves the right to request the Prize winner (as defined below) to provide proof of identity and proof of residency at the nominated prize delivery address in order to claim the Prize (as defined below). In the event the Prize winner cannot provide suitable proof of the above, the Prize winner will forfeit the Prize in whole and no substitute will be offered.

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6. Any entry that is made on behalf of an Eligible Entrant by a third party will be invalid, unless the Eligible Entrant requires the assistance of a third party to enter due to a disability.

When To Enter

7. The Competition commences at 12am AEST on Monday 26th August 2019 and ends at 11:59pm AEST on Friday 7th October 2019 (Competition Period). Entries must be received by the Promoters prior to the end of the Competition Period.

8. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the Eligible Entrant.

9. The Promoters accept no responsibility for any late, lost or misdirected entries, including any social media lead generation entries (including Facebook and Instagram) not received by the Promoters, or delays in the delivery of the entry due to technical disruptions, network congestion or for any other reason. Entries via computer generation are invalid and will not be accepted.

How To Enter

10. Eligible Entrants may enter the Competition during the Competition Period by:

a) Visiting @surfingaus_ Instagram account b) OR visiting Surfing Australia Facebook accounts

and answering the following questions in the comment section of the particular post for a chance to be placed in a draw for the 3 weekly Prizes and 1 major prize (see below clauses 12 and 21) to win the Prizes:

o Week 1 – What are your top fitness tips to help with your surfing? o Week 2 – Tell us using emojis what you would never leave behind when going on a snow trip!o Week 3 – Share your favourite snow trip story tagging a mate you experienced it with

Completing the steps in subclauses 10(a) and (b) is an Eligible Entry.

11. Only Eligible Entries made by Eligible Entrants with the most creative response to the questions in subclause 10(a) will be placed in a draw for the Prizes.

12. Should an Eligible Entrant’s personal information (including name, place of residence, telephone number) change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter.

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13. Incomplete, indecipherable or illegible entries will be deemed invalid.

14. The Promoter reserves the right, at any time, to verify the validity of claims and Eligible Entrant’s personal information (including an Eligible Entrant’s identity, age, place of residence, email address and telephone number).

15. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its absolute and sole discretion, to determine the identity of the Eligible Entrant.

16. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Disqualification

17. The Promoter reserves the right, at any time and in its absolute and sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has tampered or interfered with the Competition in any way (including but not limited to the entry process), who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Promoter and/or Promoter’s supplier(s), or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition.

18. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

Number of Entries Permitted

19. Audiences can enter as many times as they wish.

Draw and Notification of Prize Winner

20. The three (3) weekly prize winners (Prize winners) and one (1) major prize winner will be drawn by Surfing Australia (contracted by the Promoter) on 9:00am AEST at Surfing Australia Head Office 9 Barclay Drive Casuarina NSW 2487 and judged in accordance with these Terms and Conditions on below dates:

Week 1 winner announcement: Monday 7th October 2019Week 2 winner announcement: Monday 7th October 2019Week 3 winner announcement: Monday 7th October 2019Overall major prize winner: Monday 7th October 2019

21. The Prize winner will be notified by Instagram or Facebook direct message the day the winners are selected and announced. The Prize winner must accept the Prize within three months of announcement. Failure to accept the Prize on these Terms and Conditions means the Prize winner forfeits the Prize and the Draw will be completed again pursuant to these Terms and Conditions on Monday November 4th 2019.

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22. The Promoter’s decision is final and no correspondence will be entered into. In the unlikely event of correspondence being entered

into, these Terms and Conditions will prevail.

Date and time changes

23. Eligible Entrants and the Prize winner acknowledge and accept the following are subject to change at the sole and absolute discretion of the Promoter and/or the Promoter’s supplier(s):

(a) all or any flight dates and times;

(b) accommodation dates at the Surfing Australia High Performance Centre

(c) the date of the camp at Surfing Australia High Performance Centre

and the Prize winner will not be entitled to seek any compensation whatsoever from the Promoter or the Promoter’s supplier(s) due to date and/or time changes of any of the above, and the Promoter will not be liable for any such changes.

24. Itinerary of the Prize to be determined by the Promoter in its absolute and sole discretion.

The Prize

25. The Prize winner will receive:

Weekly prizes are 3 x Lost Surfboard valued at $800 (3 x prizes total - $2,400) Major prize is an adult surf camp for 2 people at Surfing Australia High Performance Centre including

o flights from nearest capital city, o accommodation at the HPC ando food

Major prize is valued at approximately $5,000

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26. Independent financial advice should be sought as tax implications may arise as a result of accepting the Prize.

27. The Prize (including any or all components of the Prize) cannot be transferred, exchanged or redeemed for cash.

28. It is a condition of accepting the Prize that the Prize winner must comply with all the conditions of use of the Prize including any and all of the Promoter or Promoter’s suppliers’ requirements, including but not limited to these Terms and Conditions.

29. It is a condition of accepting the Prize that the Prize winner and nominated travel companion may be required to sign a legal release in a form determined by the Promoter in its absolute and sole discretion. If the Prize winner’s nominated travel companion is under 18 years of age then their parent or guardian must sign the legal release referred to in this clause on the minor’s behalf.

30. All Eligible Entrants agree that if they win the Prize, they will not, and their nominated travel companion will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including on the internet. Photographs will be allowed only at the discretion of the Promoter.

31. If, for any reason whatsoever, the Competition is not capable of being run as planned, including (but not limited to) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Competition, or disqualifying an Eligible Entrant. Eligible Entrants will not be entitled to any compensation whatsoever from the Promoter, and the Promoter will not be liable for any damage or loss whatsoever incurred as a result of the Competition not being run as planned.

32. The Prize winner will not seek any compensation whatsoever or redress from the Promoter, and the Promoter will not be liable for such compensation or redress, if the Prize as stated (or components of the Prize) is not provided by the Promoter to the Prize winner (or his/her nominated travel companion) due to an act or omission of a third person or party, or some other cause beyond the Promoter’s reasonable control (including but not limited to cancellation or postponement of the Billabong Pipe Masters).

Not included in the Prize

33. Any costs associated with travel to/from the nearest Australian airport (including but not limited to flights, transfers and additional accommodation) will be the responsibility of the Prize winner and his/her nominated travel companion and will not be borne by the Promoter. Spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges (including but not limited to food, beverages and pay TV/movies), medical expenses, lost luggage expenses,

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and all other ancillary costs are not included. The Promoter will not cover any expenses whatsoever incurred by an accompanying

parent/guardian/carer (unless the parent/guardian/carer is the Prize winner's nominated travel companion). Frequent flyer points will not form part of the Prize. The Prize winner or his/her

parent/guardian or nominated travel companion (or parent/guardian of the nominated travel companion) may be required to present their credit card at time of accommodation check in.

34. Any ancillary costs associated with redeeming the Prize are not included. The Promoter accepts no responsibility for any tax implications that may arise in relation to the Prize.

Personal information

35. All information Eligible Entrants provide (Personal Information) will be used by the Promoter and/or the Promoter’s supplier(s) for the purpose of administering or conducting the Competition and contacting and verifying Eligible Entrants. Details from entries will be collected and used for the purpose of conducting the Competition (which may include disclosure to third parties, contractors and agents, including local lottery authorities, for the purpose of processing and conducting the Competition) and for promotional

purposes surrounding the Competition. By entering the Competition Eligible Entrants consent to the use of their Personal Information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it (including overseas organisations), in any media including for future promotional, marketing and publicity purposes without any further reference or payment to the Eligible Entrants. Entry into the Competition is conditional upon provision of the requested Personal Information.

36. The Promoter will use and handle Personal Information as set out in its Privacy Policy, which can be viewed at https://surfingaustralia.com. The Privacy Policy details how a privacy complaint can be made. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their Personal Information and how complaints will be dealt with.

37. The Prize winner and his/her nominated travel companion expressly acknowledge and agree that:

(a) the Promoter will disclose the Prize winner’s Personal Information and personal information of the nominated travel companion (including name, age, address, place of residence, telephone number) to an entity/entities/third party outside of Australia in connection with the Competition;

(b) APP 8.1 of the Privacy Act 1988 (Cth) does not apply to the Promoter;

(c) they understand they may seek independent legal advice regarding disclosure of their personal information to an entity/entities/third party outside of Australia;

(d) they will not seek any compensation whatsoever from the Promoter due to disclosure of the Prize winner’s Personal Information and/or personal information of the nominated travel companion to an entity/entities outside of Australia,

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and notwithstanding 41(a), (b), (c) and (d) above, the Prize winner and

his/her nominated travel companion consent(s) to the disclosure of the Prize winner’s Personal Information and personal information of the nominated travel companion to an entity/entities/third party outside of

Australia in connection with the Competition.

The Prize winner and his/her nominated travel companion understand and agree that an entity/entities/third party outside of Australia are not accountable under the Privacy Act 1988 and the Prize winner and his/her nominated travel companion will not be able to seek redress under the Privacy Act 1988.

Exclusion of Liability

38. The:

(a) Promoter, the Promoter’s related entities, and all agencies associated with the Competition; and

(b) employees, agents, directors and contractors, of all entities referred to in clause 42(a),

(to the maximum extent permitted by law) shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever including but not limited to any direct or indirect loss, costs, damages or expenses, including consequential loss, costs, damages or expenses, incurred, suffered or

sustained by any person (including but not limited to the Prize winner and his/her nominated travel companion) or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of the Prize (or any component of the Prize).

Promotional Activities

39. Eligible Entrants must, at the Promoter’s request, participate in any promotional activity (such as publicity and photography) relating to the wining of the Prize, free of charge, and consent to the Promoter using their name and image in any future promotional material in any media for an unlimited period of time for the purpose of promoting the Competition and/or promoting any products manufactured, distributed or supplied by the Promoter.

40. Each Eligible Entrant hereby assigns to the Promoter all right, title and interest in and to all intellectual property, copyright and all moral rights in any material created or otherwise submitted to the Promoter in connection with that entrant’s entry in the Competition or participation in any aspect of the Prize (Works). Each Eligible Entrant warrants that the Promoter is free to use the Works (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto and neither the Eligible Entrant nor any third party will be entitled to any fee for such use.

41. In consideration for the Promoter awarding the Prize to the Prize winner, the Prize winner hereby permits the Prize winner’s submission, image and/or voice, as recorded, photographed or filmed during the Prize

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winner’s participation in the Prize to appear in connection with the Hydralyte Sports brand or the advertising or marketing thereof, in

any media whatsoever throughout the world and the Prize winner will not be entitled to any fee for such use.

Further Terms and Conditions

42. All entries become the property of the Promoter.

43. An Eligible Entrant is responsible for ensuring his or her familiarity with these Terms and Conditions.

44. Any costs associated with accessing the Competition website are the Eligible Entrant’s sole responsibility and are solely dependent on the internet service provider used.

45. The Promoter is not responsible for technical difficulties with the entry mechanism, including website malfunctions or glitches, and does not warrant that the entry mechanism will be available at all times.

46. The Prize (or any components of the Prize) cannot be taken as cash. The Prize must be taken as offered and may not be varied.

47. The Promoter shall not be liable for the Prize (or any component of the Prize) being lost, stolen, damaged or tampered with in any way before it reaches the Prize winner or after it has been released to the Prize winner.

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48. Any attempt to deliberately undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter

49. reserves the right to seek damages to the fullest extent permitted by law.

50. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees provided in the Competition and Consumer Act 2010 (Cth).

51. Eligible Entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded the Prize to the ineligible person. Repayment of the Prize (or any component of the Prize) to the Promoter may be required by the Promoter.

52. These Terms and Conditions are governed by the laws of New South Wales, and the parties submit their disputes to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

53. If an Eligible Entrant uses any form of software or third-party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an Eligible Entrant wins the Prize, the Eligible Entrant must immediately return the Prize to the Promoter. The Promoter has absolute and sole discretion to determine whether an Eligible Entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an Eligible Entrant has breached this clause. Eligible Entrants must provide whatever documents the Promoter requires upon request or otherwise be disqualified from the Competition.

54. It is a condition of accepting the Prize that the Prize winner and his/her nominated travel companion must comply with all the conditions of use of the Prize and Prize supplier’s requirements.

55. The Prize must be taken as stated and no compensation will be payable if the Prize winner (and his/her nominated travel companion) is unable to use the Prize (or any component of the Prize) as stated (for example, due to Prize winner becoming ill and unable to travel).

56. The Promoter will make reasonable efforts to deliver the Hydralyte Sports Hydration Pack a to the address provided by the Prize winner. If the Hydralyte Sports Hydration Pack is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the Hydralyte Sports Hydration Pack to the Prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of the Hydralyte Sports Hydration Pack.

57. The Promoter reserves the right to redraw the Prize if an Eligible Entrant who claims to be a Prize winner is unable to satisfy these Terms and Conditions.

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58. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and/or in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any

directions given under State Regulation.

59. Entrants will be responsible for any and all expenses incurred in entering the Competition.

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