Terms of service

G-SHOCK T-Shirt Gift With Purchase terms:
Promotion available 01/03/2024 - 31/03/2024.
Orders placed outside this period are not applicable. Items purchased redeeming the promotional Gift With Purchase are not eligible for return or credit. All sales redeeming Gift with Purchase are considered final. Gift with purchase T-Shirt is strictly not available for exchange. Gift with purchase T-Shirt is only available with G-SHOCK watch purchases. Offer not available with any other CASIO brand. Offer not available with watch bands, accessories, spare parts or any other goods. 

DISCOUNT CODES
Discount codes cannot be used in conjunction with any other offer unless explicitly stated.  Discount codes are not applicable to Limited Edition models. Limited Edition models include but are not limited to;
GA110LL-1AGMB2100LL-1A, TRN50-2A

OVERVIEW
This website is operated by Shriro Holdings Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Shriro Holdings Ltd. Shriro Holdings Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shriro Holdings Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shriro Holdings Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@casiowatches.com.au





COMPETITION TERMS AND CONDITIONS
Published [03/01/2023]

A. Schedule

 

Item 1

 

Competition

 

Transfer Banked Slalom

 

Item 2

 

Competition Type

 

Game of Skill

 

Item 3

 

Permit

 

N/A

 

Item 4

 

Promoter


Shriro Australia Pty Limited (ACN 002 386 129) of Level 7, 67 Albert Avenue, Chatswood NSW 2067


 

Item 5

 

Website

 

Casioau.com

 

Item 6

 

Entry Limitations

 

         i.         Age – Entrants must be aged 18 years or over at the time of entry.

        ii.         Locality – The Competition is open Australia wide and is void where prohibited by law.

       iii.         An email subscriber to G-Shock Newsletter– Entrants must be or become an email subscriber of G-Shock Australia newsletters & must be opted into email marketing.

 

 

Item 7

 

Method of Entry

 

Entrants must complete the entry form accessible through the competition eDM or via social ads and submit.

 

Entrants may be required to provide the following information for a valid               entry:

i.       First Name

ii.      Last Name

iii.     Email Address

iv.     In 25 words or less, tell us about your favourite Banked Slalom memory.

v.      Birthday

vi.     Gender

vii.    Phone number

viii.   What products would you like to hear about?

 

Item 8

 

Competition Entry Opens

9:00AM AEST on Friday 11 August 2023

 

Item 9

 

Competition Entry Closes


11:59PM AEST on Sunday 13 August 2023

Item 10

Competition Judged

10am AEST on Monday 14 August 2023

 

Item 11

 

Location

 

Promoter’s physical address or such other physical address as Promoter may deem reasonably necessary.

 

Item 12

 

Notification Date


Monday 14 August 2023

 

Item 13

 

Notification Method

 

Winners will be notified by email.

 

It is the responsibility of each Entrant to ensure that the details in their entry are correct, including without limitation  telephone contact number, email and postal address details, and no responsibility will be taken by the Promoter   for any incorrect or out of date information.

 

Item 14

 

Publication

 

Promoter’s website.

 

Item 15

 

Prize


There will be ten winners of the Prize. The winner will each receive 1x GBDH2000 or equivalent watch, as well as a G-SHOCK branded gym kit which includes: 1x microfibre towel, 1x gym bag, 1x water bottle, 1x cap, 1x pair of lifting straps.

 

Item 16

 

Unclaimed Prize Draw

 

10am AEST on Monday 21 August 2023

 

Item 17

 

Special Conditions

 

1.     By entering into the Competition, entrants agree to comply with the Competition Terms and Conditions.


2.     The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details provided by any winner.


3.     This Competition is subject to all applicable federal, state, local laws and regulations and is void where prohibited.


4.     In the event the Competition is promoted on social media platforms:


The Competition is in no way sponsored, endorsed or administered by, or associated with Instagram


Entrants agree to abide by the Instagram Terms of Use,    located  here: http://instagram.com/legal/terms/#


The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.


By entering the Competition, each entrant releases Facebook, Inc from any and all liability to the entrant arising in any way from the conduct of the Competition.


By entering this Competition, the entrant agrees to hold harmless, defend and indemnify Facebook from and against any all claims, losses and expenses with respect to or arising out of or related to entrant’s participation in the Competition, or entrant’s participation in any prize related activities, acceptance of a prize and/or use or misuse of a prize.


This Competition is in no way sponsored by Twitter, Snapchat, YouTube, Reddit, Pinterest, Linkedin or any other social media platforms.

 

5.     The Promoter reserves the right to reasonably vary and/or modify these Schedule for the duration of the Competition, and any such variations will be communicated by a re- published and uploaded version of the Competition Terms and Conditions on the distributed platform, including any website.

 



B. General Terms and Conditions

1. Background and introduction

(a) These are the General Competition Terms that govern the relationship between you and the Promoter when you enter this Competition and should be read in conjunction with the Schedule in the above table to form the complete terms and conditions for this Competition (Terms and Conditions).

(b) By submitting an entry into this Competition, entrants warrant that they have read, understood and agree to be bound by these Terms and Conditions

(c) To the extent that there is any inconsistency between the Schedule and the General Terms, the Schedule will prevail.

2. Length

(a) This Competition will commence at the time set out in Item 8 of the Schedule and will conclude at the time set out in Item 9 of the Schedule. Entries received outside of these times will not be eligible.

(b) The Promoter will not accept any responsibility for lost or late entries.

3. Conditions of Entry

(a) Entrants restricted from entry in Item 6 of the Schedule will not be eligible to enter the Competition and will be disqualified.

(b) The employees, independent contractors, interns, officers and directors of the Promoter, any of its affiliate, parent or subsidiary companies, or any promotional and advertising agencies/agency, suppliers and immediate family members and/or those living in the same household of each are not eligible to enter the Competition.

(c) Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).

(d) Unless specifically set out as a Special Condition in Item 17 of the Schedule, no person may enter this Competition more than once and persons may not enter or participate in it on behalf of any third party.

4. Entry Mechanisms

(a) The Competition can be entered by the method set out in Item 7 of the Schedule.

(b) To enter, entrants must follow any requirements including submitting entries or answering any questions set out in Item 7 of the Schedule.

(c) Unless otherwise set out, all entries must include full contact details, including name, phone number and email address.

(d) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize. Specifically, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified, including entries attempted to submit prior to the Competition start date.


(e) The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.

(f) Unless otherwise agreed, any personal or confidential information submitted to the Promoter by any person in the course of entering or being otherwise involved in this Competition such as name, address, telephone number will be treated in accordance with Clause 11.

(g) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize.

(h) The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, or who submits an entry/claim which is not in accordance with these Terms and Conditions.

5. Competition - Judging

(a) The Competition will be judged by the date listed in Item 10 of the Schedule at the location specified in Item 11 of the Schedule.
(b) Winning entries will be selected by appropriately qualified judges on the quality and creativity of their entry submitted in accordance with Item 7 of the Schedule, if applicable. Where more than one judging criterion is set out in the Schedule, equal weighting will be given to each of the criteria unless otherwise specified in the Schedule.


6. Notification to Prize Winner

(a) Prize winner will be notified by the date listed in Item 12 of the Schedule.

(b) Prize winner will be notified by the method listed in Item 13 of the Schedule based on the details provided in the entry. All reasonable efforts will be made to contact prize winner.

(c) Details of prize winners will be published in accordance with Item 14 of the Schedule.

(d) Where the Competition is a game of skill, and the Promoter is unable to contact a prize winner after reasonable efforts, the Promoter may award the prize to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.

7. Prizes

(a) The prize for the Competition is as set out in Item 15 of the Schedule.

(b) Where prize values are to be confirmed after the judging date, prize values in Item 15 are maximum value estimates only, and the Promoter will be under no obligation to provide a prize to the exact value stated, or to reimburse a prize winner where the prize is less than the estimated value.

(c) The Promoter takes no responsibility for variations in the prize value.

(d) Subject to Clause 7(f), no prize in this Competition will be transferable or redeemable for any other prize, including but not limited to cash, and an entrant will not be given cash in lieu of any prize.

(e) A winner will automatically forfeit their prize and another winner will be selected in their place if the winner is found or is reasonably suspected to be on-selling the prize to any other third party in exchange for payment (monetary or otherwise) or other goods or services, regardless of whether or not such payment, goods or services are equal to or greater than the value of the prize.

(f) If a prize referred to in this Competition becomes unavailable for any reason the Promoter reserves the right to substitute a similar item of similar value, including in its sole discretion, providing the prize winner with cash to the value of any prize.

(g) Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.

8. Awarding Prizes

(a) Prize collection may be required.

(b) The Promoter may at its own discretion require any prize winner to verify their identity and/or submit a police check to verify the prize winner’s identification details.

(c) Once a prize has been collected or delivered the Promoter is not responsible for the use or distribution of any prize.

(d) All prizes are subject to availability and must be used on any dates specified in these Terms and Conditions by the Promoter.

(e) If a prize winner does not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.

(f) The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details included in an entrant’s entry, or details that have not been updated by an entrant in any online profile associated with the entrant’s entry.

(g) The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under this Competition, except to the extent that such liability cannot be excluded by law.

(h) The Promoter reserves the right to exclude any persons from the Competition for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:

(i) a contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or

(ii) a prize winner is abusive, aggressive, confrontational or acts unreasonably in the Promoter’s sole discretion; and/or

(iii) the safety of any of the Promoter’s staff member is compromised.

(i) Prize winners agree to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.

9. Intellectual Property

(a) The Promoter may publish, communicate, or otherwise use the entrants’ and/or prize winners’ name for advertising and publicity purposes in any media in perpetuity without needing to provide additional compensation.
(b) Each Competition entrant grants the Promoter a non-exclusive, irrevocable license for use throughout the world in any and all media in perpetuity in relation to any material, including without limitation Competition entries and images and/or audio-visual material included in Competition entries, submitted or provided by a Competition entrant, and/or prize winner in association with any Competition. The Promoter may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public, license to third parties involved in the Competition or otherwise exploit use of any such material throughout the world in perpetuity and without needing to provide additional compensation to the Competition entrant.

(c) To the extent that any entrant or prize winner holds any moral rights in the materials provided as part of the entry or created as a result of this Competition, the entrant or prize winner hereby consents to any act that, but for this consent, would be considered to breach those moral rights.

10. Warranties
(a) Each entrant warrants and represents to the Promoter that nothing in his/her entry / entries to this Competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or Commonwealth law.

(b) Each entrant indemnifies and holds harmless the Promoter, its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors against any claim, loss or damage suffered by the Promoter as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Terms and Conditions, for misuse of any Prize, unauthorized activity in connection with the Competition, technical errors or any kind, printing errors, lost, late, postage due, misdirected posted items or undelivered mail.

(c) If the Promoter becomes aware that a prize winner is in breach of any warranty contained in these Terms and Conditions or made subsequently to the Promoter, the Promoter may deem that prize winner ineligible.

11. Privacy

(a) The Promoter’s Privacy Policy is located at https://gshock.com.au/pages/privacy-policy

(b) We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act), as amended, and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information, along with notification requirements regarding an eligible data breach.

(c) In order to conduct the Competition, the Promoter may collect personal information, being any information that can be used to personally identify entrants, or information that entrants are reasonably identifiable from, including without limitation, each entrant’s name, age, residential and/or mailing address (including postcode), telephone number, email address, profession, occupation or job title, IP address, nationality and/or passport and/or personal identification information (“Personal Data”).

(d) The provision of such Personal Data may be a condition of entering any competition run by the Promoter. For competitions, the Promoter is required to collect some Personal Data under the state gaming legislation applicable to the state in which the competition is being held, for example, the Gaming and Liquor Administration Act 2007 (NSW) for competitions held in New South Wales.

(e) The Promoter may disclose such Personal Data to third parties, including without limitation, the Promoter’s parents, related and subsidiary companies, past present and future officers, agents, representatives, employees, contractors and assigns, service providers, prize suppliers in connection with the Competition. For the avoidance of doubt, such third parties may be located outside of Australia in accordance with our Privacy Policy.

(f) The Promoter may use such Personal Data:
i. in connection with the Competition which the entrant entered, including without limitation for the purposes of sending electronic messages, social media communications, VOIP communications and/or telephoning entrants;
ii. for any purpose to which an entrant gave his/her express consent on entry;
iii. as set out in these terms and conditions; and
iv. in accordance with the Promoter’s Privacy Policy.
Such Personal Data will be entered into a database and will be stored at the office of the Promoter.

(g) Entrants may request to access, edit, correct and/or opt-out their Personal Data in accordance with the Promoter’s Privacy Policy by contacting the Promoter.
(h) Entrants may direct any complaint related to treatment or use of their Personal Data to info@gshock.com.au that will be dealt with in accordance with the Promoter’s privacy policy.
(i) By entering the Competition and agreeing to these terms and conditions, each entrant consents to the Promoter’s use of their Personal Data as set out in this clause 11 of these terms and conditions and in accordance with the Promoter’s privacy policy.

12. Miscellaneous

(a) If for any reason this Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, use of bots, macros, scripts, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right (subject to State/ Territory regulations) to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the same.

(b) The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or parent(s)/legal guardian(s) under these Terms and Conditions if such delay or failure is caused by circumstances beyond the Promoter’s reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, pandemic including COVID-19 strains and variants, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with:

(i) the activities of third party event organisers;

(ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or

(iii) by third parties providing accommodation included in the Prize.

For the avoidance of doubt, the affected prize winner shall be solely liable for any additional costs incurred as a result.

(c) These Terms and Conditions are to be construed according to the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that State.