T&C's: 2020 Cole Classic Swim The Whitsundays Promotion

1. Information on how to enter forms part of the terms and conditions of entry. Entry into the promotion is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference and do not affect interpretation in any way.

2. The promoter is OceanFit Pty Ltd (ABN 27 602 106 016) PO Box 407 Bondi NSW (Promoter).

Duration

3. All references to time in this document are a reference to the local time in New South Wales time on the date stated. The promotion commences when entries for the 2020 Cole Classic open and closes at 23.59pm on Saturday 1 February 2020 (Promotion Period).

Eligibility to enter

4. Entry is open only to persons aged 18 years and over (Eligible Entrants).

Entry into the promotion

5. To enter, Eligible Entrants must during the Promotion Period purchase an entry into the 2020 Cole Classic and, at a minimum, start an ocean swim of any distance (1km, 2km or 5km) on the day of the event (Eligible Participation).

6. The Promoter is not responsible for any lost, late or misdirected entries.

7. Entries cancelled or refunded prior to the draw will be disqualified.

8. Only one entry is permitted per Eligible Entrant.

9. The time of event entry will be deemed to be the time the entry is received by the Promoter.

10. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant’s identity, age and participation) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Drawing of entries

11. The draw will take place at the 2020 Cole Classic prize-giving following the conclusion of the swims on 2 February 2020 outside the Manly SLSC on the corner of Ashburner Street and S Steyne, Manly NSW 2095. The draw will be conducted by the Promoter (Drawer).

12. The result of the draw is final and no correspondence will be entered into.

The prize

13. There will be one prize. The maximum total prize pool value is AU$1,995 based on the recommended retail value. The Promoter accepts no responsibility for any variation in the value of the prizes.

14. The prize includes the following for one person.

a) OceanFit 5-day, 4-night Swim The Whitsunday swim tour departing Airlie Beach on 28 May 2020 and returning on Monday 1 June 2020. Single Share accommodation. RRP$1,995

b) A list of full inclusions can be found at https://oceanfit.com.au/travel/swim-the-whitsundays/

15. The prize includes GST and taxes included in the price. Unless otherwise stated, the prize does not include travel insurance, passports, visas, flights, accommodation outside the onboard tour accommodation, onboard drinks from the bar or any other costs of a personal nature. Compliance with any health or other government requirements is the responsibility of the prize-winner.

16. An accommodation upgrade cannot be purchased. Companions must purchase their own swim tour separately, subject to availability.

17. Prize tour must be the Swim The Whitsundays tour conducted on 28 May – 1 June 2020. There can be no changes or transfers to future swim tours.

18. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter. It is a condition of accepting the prize that the winner accepts the conditions of use of that prize.

19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.

Notification of the winner

20. The winner must be in attendance during the drawing of entries and will be notified at this time. A confirmation will be sent to the winner by email within 2 business days after the draw and their name will be published on oceanfit.com.au and sunruncoleclassic.com.au within 7 days after the draw.

Right of the Promoter to redraw

21. The Promoter reserves the right to redraw in the event of an entrant not being present when their name is drawn out as the winner during the drawing of the prize and they have not claimed it within 30 seconds. Each consecutive winner will have 30 seconds to claim the prize, should the previous winner/s be withdrawn.

22. The Promoter reserves the right to redraw in the event of an entrant not being unable to satisfy these promotion terms and conditions or forfeiting or not claiming a prize.

Limitation of liability and variation of terms

23. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.

24. The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties.

25. The exclusion of liability in clause 24 does not apply to limit or exclude liability: a) for personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promoter in the ordinary course of business. To remove doubt: third party goods or services, which other than in connection with this promotion, are in the normal course of business supplied by a third party unrelated to the Promotion Parties, are not supplied by the Promoter in the ordinary course of business; and the Promoter’s Conditions of Carriage and general booking conditions (and any exclusions contained therein) apply despite any statement to the contrary in these terms and conditions; or b) to the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law).

Entry details and privacy

26. Entry details remain the property of Manly SLSC (Event Organiser). The name and photograph of the winner may be used for promotional purposes by the Promoter and/or Event Organiser, unless the winner otherwise notifies the Promoter at the time of accepting the prize. Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes (including to third parties involved in the promotion and any applicable statutory authorities) and to conduct marketing activities. Without limiting the foregoing, entrants’ personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy Statement, visit oceanfit.com.au/privacy to obtain a copy.

Tax Implications

27. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.

Season runs from 1 Oct to 30 April. Some contact out of season.

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