URBNSURF Surf in December 2021 Terms and Conditions:

1. The Competition
   1. The Competition is conducted by the URBNSURF Melbourne Pty Ltd ABN 30 617 135 298 (URBNSURF) with the principal place of business at 309 Melrose Drive, Tullamarine VIC..
   2. General
      1. Entry into the Competition is deemed acceptance of these Terms.
      2. If there is any inconsistency between these Terms and anything else that refers to this Competition, these Terms will prevail.
      3. URBNSURF reserves the right to vary these Terms, or suspend, terminate or cancel the Competition at any time in its sole and absolute discretion.
      4. All decisions made by URBNSURF throughout the Competition are final.
   3. Who can enter, how to enter and the Prize
      1. Entrance is open to all residents of Australia aged 13 or over at the time of entering the Competition.
      2. Entry is free and available through the URBNSURF Facebook page (https://www.facebook.com/urbnsurf) or Instagram account (https://www.instagram.com/urbnsurf).
      3. Employees and contractors of URBNSURF and their immediate families are ineligible to enter.
      4. URBNSURF may deem any entry invalid in its sole and absolute discretion.
      5. URBNSURF reserves the right to require proof of age, residency, or any other eligibility criteria URBNSURF considers relevant, before an entrant can be awarded a prize.
      6. By entering the Competition, entrants are providing consent for URBNSURF to collect, use and disclose the entrant’s personal information to determine the entrant’s eligibility to enter and to win the Competition.
      7. The Competition commences at 9am AEDT 6.12.2021 and ends at 11:59pm AEDT on 6.1.2022 (Competition Period).
      8. To enter the Competition, entrants must visit URBNSURF during the Competition Period and post a photo or video on Facebook or Instagram (post or Story) and tag @URBNSURF. The entrant’s profile must not be set to private and must be viewable by URBNSURF.
      9. The entry must be the entrant’s original work, or the entrant must have the authority or consent of the creator to submit the creator’s original work in the Competition, as well as the consent of any person featured in the entry.
      10. Multiple entries per person are permitted.
      11. Entries will be deemed to be accepted at the time of receipt by URBNSURF’s Facebook page or Instagram account and not at the time of transmission. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid.
      12. URBNSURF accepts no responsibility for late, lost or misdirected entries including whether caused by problems with: (i) communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorised access to, or alteration of such communications; or (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition.
      13. There is one JS PU surfboard up to the value of $999 to be won. Total prize value is up to $999.
      14. The winning entry will be URBNSURF’s favourite post as judged subjectively by URBNSURF on 13.01.2022, and the winners notified via their social media account by 17.01.2022.
      15. If the prize is unavailable, URBNSURF, in its sole and absolute discretion, reserves the right to substitute the prize with a prize of approximately equal value and/or specification.
      16. The prize cannot be transferred, exchanged or redeemed for cash. If for any reason the winner:
          1. does not accept or take the prize;
          2. is ineligible to receive the prize or to participate in the Competition;
          3. has not complied with the Competition Terms; or
          4. has not complied with any obligation or condition required by URBNSURF to accept the prize; then the prize may be forfeited by the winner and cash will not be awarded in lieu, and URBNSURF reserves the right to select an alternate winner or no winner for that prize.
      17. URBNSURF reserves the right, in its sole and absolute discretion to, disqualify any entrant, or vary, suspend or terminate the Competition at any time without liability to any entrant or other person. URBNSURF will not award any prizes if this Competition is terminated.
   4. No liability
      1. URBNSURF is not responsible for and accepts no liability for any incorrect or inaccurate information, either caused by the entrant or any of the equipment or software associated with, or utilised in this Competition, or for any technical error, or combination thereof that may occur in connection with the Competition, including any omission, interruption, deletion, defect, delay in transmission, communications line or telephone, mobile or satellite failure, theft, or destruction or unauthorised access to, or alteration of entries, unauthorised interference or intervention, virus, bugs, fraud, technical failures or other causes beyond the reasonable control of URBNSURF.
      2. To the extent permitted by law, the entrant releases and indemnifies URBNSURF (including its officers, employees and agents), Facebook and Instagram against all claims, demands, liability or losses (including in negligence) whether direct, indirect, special or consequential, in connection with:
         1. the entrant’s participation in the Competition;
         2. the entrant’s participation in any prize related activities, acceptance of a prize and/or use or misuse of a prize; and
         3. the publication of any material relating to the entrant’s participation in the Competition.
         4. Entrants must only participate in the Competition (including using third party software) in a manner that does not infringe the rights of others or restrict or inhibit the participation of others in the Competition. This includes refraining from conduct which:
            1. is unlawful;
            2. may harass or cause distress or inconvenience to any person;
            3. involves the transmission of obscene or offensive content; or
            4. brings URBNSURF or the Competition into disrepute.
         5. An entrant must not post or transmit, any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
         6. If an entrant breaches these Terms, URBNSURF may immediately terminate their participation in the Competition.
         7. Any costs associated with accessing social media sites and mobile applications is the entrant’s responsibility.
   5. Intellectual property and licensing
      1. Intellectual property rights in an entry will remain the property of the entrant (or where the work is owned by a third party, that third party).
      2. The entrant grants (or will procure for URBNSURF from a third party) to URBNSURF a non-exclusive, royalty free, world-wide licence (including right to sub-license) to use, adapt, reproduce, publish and exploit such intellectual property, for any purpose of URBNSURF.
      3. Entrants agree that URBNSURF may use their name and photograph for promotional purposes and agree to their name being shared on social media, and the prize winner agrees to URBNSURF posting the prize winner’s entry and name on URBNSURF’s social media accounts in connection with the Competition or future related promotions.
      4. By entering this competition all entrants: (i) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against URBNSURF, its assignees, licensees and successors in title; and (ii) warrant to URBNSURF that their entry is not in breach of any third party intellectual property rights; and (iii) warrant to URBNSURF that the use or publication of their entry will not infringe the intellectual property rights or moral rights of any person.
   6. Privacy
      1. Personal information collected by URBNSURF, will be handled in accordance with the Privacy Act 1988 (Cth) (Privacy Act)
      2. The type of personal information URBNSURF may collect includes the entrant’s name, email address, age, phone number, location, photo likeness and any other personal information expressly stated to be collected in these Terms.
      3. The entrant’s personal information will be collected, used, published and disclosed for the administration and promotion of the Competition and its associated activities, and for any other purpose expressly permitted under these Terms, and as authorised or required by law.
      4. The entrant’s personal information may be disclosed to third parties such as URBNSURF’s contractors, Competition sponsors, prize organisers and associated service providers, and external members of any judging panel of the Competition.
      5. The entrant consents to their personal information being collected, used, published or disclosed by URBNSURF, as stated in these Terms.
      6. URBNSURF general privacy statement can be found at: https://www.des.qld.gov.au/legal/privacy.
      7. The Competition is being conducted using third party social media software (Facebook and Instagram) which are based in the United States of America. You acknowledge that URBNSURF is subject to the terms and conditions of the social media providers, which may allow those providers unrestricted use and modification of submitted information, including use and storage of information (including personal information) outside Australia. By entering into the Competition, you agree to the transfer of such information to social media providers in the United States of America. URBNSURF makes no representations about those third parties, and gives no warranties that it can control how your information is used, stored or modified by third parties. URBNSURF is not responsible for the content, security and privacy practices of third parties, and entrants must make their own investigations as to the suitability of such third party software and applicable third party terms of use and privacy terms.
   7. General
      1. The Competition is conducted in Victoria via the internet, and is subject to the laws of Victoria, and the exclusive jurisdiction (except for courts of appeal) of the courts of Victoria.
      2. This Competition is in no way sponsored, endorsed or administered by or associated with Facebook or Instagram.
      3. URBNSURF may terminate the Competition, reduce its scope or terminate an entrant or winner’s participation in the Competition in its sole and absolute discretion at any time.
      4. If the Competition or an entrant or winner’s participation in the Competition is terminated, clauses 2, 3.18, 4, 5, 6 and 7.3 survive that termination.
      5. These Competition Terms form the entire agreement and understanding between URBNSURF and the entrant.