SPEND OVER $50.00aud TO ENTER
THE 10K CASH GIVEAWAY TERMS AND CONDITIONS
1. Promotion Period. The 10K Cash Giveaway (the “Promotion”) will begin at 6:00pm Australian Eastern Standard Time (“AEST”) on November the 12th, 2021 and will end at 7:59am AEST on November 21, 2021 (the “Promotion Period”). 3rdphix Pty Ltd’s (“3rdphix” or “Sponsor”) computer is the official timekeeping device for the Promotion.
By participating in the Promotion, entrants represents that they have reviewed, accepted and agreed to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules. This Promotion is in no way sponsored, endorsed or administered by, or associated with Apple, Instagram, Facebook, Snapchat, Pinterest, TikTok, or Twitter. You understand that you are providing your information to the Sponsor and not to Apple, Instagram, Facebook, Snapchat, Pinterest, TikTok, or Twitter.
2. Sponsor. The Promotion is sponsored by:
3rdphix Pty Ltd
Unit 1, 42 Township Drive
Burleigh Heads, QLD, 4221
ABN 28 577129 023
Email Address: email@example.com
3. Eligibility. Open only to legal residents of Australia, who are 18 years of age (or the age of majority in your state of residence if greater than 18) or older at the time of entry. Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors and employees, as well as the household members (whether or not related) and immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, or spouses) of each are ineligible to enter the Promotion or win a prize. This Promotion is subject to all applicable federal, state, territorial and local laws and regulations.
4. How to Enter. To enter the Promotion, visit https://www.3rdphixbottles.com/ during the Promotion and spend over $50.00aud. Upon your purchase you will receive an entry (order) number via email
For the removal of doubt, entries are still valid for any Purchases returned to 3rdphix in full or in part. Orders can be returned for store credit. Refunds or exchanges will not be allowed (for further information, see the Sponsor’s return policy at https://www.3rdphixbottles.com/pages/privacy-policy
5. Submission Guidelines. The customer must spend $50.00aud or more to enter into the draw.
6. Winner Selection. The trade promotion will be drawn via a professional website that has a built in randomiser to choose the winner. The winner will be published on the Sponsers instagram (3rdphix) Monday the 22nd of November 2021 and notified via email & phone no later than 22nd of November 2021.
Date: Monday 22nd of November 2021
Time: 3.00pm AEST
Location: 3rdphix HQ 1/42 Township Drive, Burleigh Heads, QLD, 4221
7. Prize. The winner from among all eligible entries received will win ten thousand ($10,000 AUD) Australian dollars (“AUD”) (collectively, the “Prize”). The Approximate Retail Value of the Prize is $10,000 AUD.
Prize is awarded “AS IS” with no warranty or guarantee, either express or implied by Sponsor. Prize is subject to the terms and conditions of the issuer, and Sponsor will not replace any lost or stolen prize. Except where prohibited by law, winner is solely responsible for all expenses not specifically included herein and all federal, state, territorial, and/or local taxes, and fees in connection with the Prize. Odds of winning depend on total number of eligible entries received during the Promotion Period. If for any reason the winner does not take a prize (or an element of the prize) at the time stipulated by the Sponsor, then the prize (or, in the Sponsor’s discretion, that element of the prize) will be forfeited, and the entrant with the Submission having the giveaway re drawn.
10. General Conditions. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are made in the Sponsor’s sole discretion and are final and binding in all matters related to the Promotion. Sponsor reserves the right to disqualify any entrant who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the Promotion or intends to annoy, abuse, threaten or harass any other entrant or Sponsor. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, 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.
11. Limitation of Liability. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability for (a) any late, lost, damaged, misdirected, incorrect or incomplete entries; (b) any typographical errors in the offer or administration of the Promotion, including, but not limited to, errors in any Promotion-related materials, including all advertising for the Promotion, these Official Rules and the distribution of a prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (d) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Promotion; (f) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (g) suspended or discontinued Internet, wireless or landline phone service; or (h) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
If the Promotion is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, or any other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such event, Sponsor shall immediately suspend the prize award, and Sponsor reserves the right to award the prize using all known eligible entries received as of the date of termination in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Promotion. No more than the number of prizes listed herein will be awarded.
12. Release. Except where prohibited, by participating in the Promotion, entrants agree to release, indemnify, defend and hold harmless Sponsor, Apple, Instagram, Facebook, Snapchat, Pinterest, TikTok, and Twitter, their respective subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of your participation in the Promotion or from your receipt, acceptance, use or misuse of any Promotion prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical malfunctions related to computer hardware or software, servers, Internet connectivity, or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical or printing errors in any Promotion-related materials; (e) errors in the administration of the Promotion or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g) unauthorized human or non-human intervention of the operation of the Promotion, including, without limitation, unauthorized tampering, hacking, theft, virus, bug, worm, or destruction of any aspect of the Promotion; or (h) injury or damage to persons or property and/or death. Each entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. Entrants hereby waive California Civil Code Section 1542, which states: “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 released party.”
13. Force Majeure. The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
14. Governing Law / Jurisdiction. The Promotion is subject to all applicable, as the case may be, national, federal, territorial, state, and local laws of Australia. To the extent permitted by law, entrants consent to the jurisdiction and venue of the courts located in New South Wales, Australia for the resolution of any disputes, claims and causes of action arising out of or relating to this Promotion or the prize (individually, “Claim”). All Claims shall be resolved individually, without resort to any form of class action. Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs incurred with entering this Promotion. Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or third party participants, whether foreseeable or not and whether based on negligence or otherwise.
15. Winner’s List. For the name of the prize winner, which will be available after winner confirmation is complete, visit Sponsor’s Instagram page (@3rdphix).