Terms & Conditions

“LIVE TO THE ULTIMATE” PROMOTION

 

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian and New Zealand residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  4. Entries into the promotion open at 12:00am AEDST on 24/09/2018 and close at 11:59pm AEDST on 31/01/2019 (“Promotional Period”).
  5. To be eligible to enter, individuals must, during the Promotional Period, purchase an Ultimate Ears Boom 3 or Megaboom 3 from a Qualified Retailer in Australia or New Zealand during the Promotional Period.
  6. Where a Qualified Retailer has an online store, purchases made at such an online store with a delivery address in Australia or New Zealand will also be deemed acceptable for the purposes of this offer and the date of an online purchase shall be the date when the online order was accepted by a Qualified Retailer.
  7. To enter, individuals must then during the Promotional Period:
    • if they are a resident of Australia visit www.livetotheultimate.com.au; OR
    • if they are a resident of New Zealand visit www.livetotheultimate.co.nz
    • AND THEN
    • follow the prompts to the promotion entry page, input the requested details including an image upload of their purchase receipt and submit the fully completed entry form during the Promotional Period.
  8. Multiple entries permitted, subject to the following: (a) only one entry permitted per specified purchase requirement; and (b) each entry must be submitted separately and in accordance with entry requirements.
  9. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
  10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  11. Incomplete, indecipherable, or illegible entries will be deemed invalid.
  12. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  13. There will be twenty (20) draws conducted for this promotion, consisting of nineteen (19) weekly draws (“Weekly Draws”) and one (1) major prize draw (“Major Prize Draw”). Entries close for each draw at 11:59pm AEDST on the dates specified in the table below. All draws will take place at Greeneagle; Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212, Australia on at 10:00am AEST on the dates specified in the table below. Un-drawn entries in each Weekly Draw will be entered into any subsequent Weekly Draws and all entries (including winners in a Weekly Draw) will be entered into the Major Prize Draw. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing within two (2) business days of the relevant draw and published on www.livetotheultimate.com.au from the dates specified in the table below.

Draw

Entries close

Draw date

Publication date

Weekly Draw One

30/09/2018

02/10/2018

08/10/2018

Weekly Draw Two

07/10/2018

08/10/2018

22/10/2018

Weekly Draw Three

14/10/2018

15/10/2018

29/10/2018

Weekly Draw Four

21/10/2018

22/10/2018

05/11/2018

Weekly Draw Five

28/10/2018

29/10/2018

12/11/2018

Weekly Draw Six

04/11/2018

05/11/2018

19/11/2018

Weekly Draw Seven

11/11/2018

12/11/2018

26/11/2018

Weekly Draw Eight

18/11/2018

19/11/2018

03/12/2018

Weekly Draw Nine

25/11/2018

26/11/2018

10/12/2018

Weekly Draw Ten

02/12/2018

03/12/2018

17/12/2018

Weekly Draw Eleven

09/12/2018

10/12/2018

21/12/2018

Weekly Draw Twelve

16/12/2018

17/12/2018

21/12/2018

Weekly Draw Thirteen

23/12/2018

07/01/2019

21/01/2019

Weekly Draw Fourteen

30/12/2018

07/01/2019

21/01/2019

Weekly Draw Fifteen

06/01/2019

07/01/2019

21/01/2019

Weekly Draw Sixteen

13/01/2019

14/01/2019

28/01/2019

Weekly Draw Seventeen

20/01/2019

21/01/2019

04/02/2019

Weekly Draw Eighteen

27/01/2019

28/01/2019

11/02/2019

Weekly Draw Nineteen

31/01/2019

04/02/2019

18/02/2019

Major Prize Draw

31/01/2019

04/02/2019

18/02/2019

  1. The Promoter’s decision is final and no correspondence will be entered into.
  2. The first valid entry drawn in each Weekly Draw will win a $300 Ticketek digital gift voucher (awarded in AUD for residents of Australia and NZD for residents of New Zealand) (“Weekly Prize”). Any ancillary costs associated with redeeming a Weekly Prize are not included. Any unused balance of a Weekly Prize will not be awarded as cash. Redemption of a Weekly Prize is subject to any terms and conditions of the issuer. See http://premier.ticketek.com.au/shows/show.aspx?sh=GIFTSTC08 for full terms and conditions.
  3. The first valid entry drawn in the Major Prize Draw will win a trip for four (4) adults to Palm Springs, California, USA valued at up to AU$40,800 depending on point of departure (“Major Prize”). Major Prize includes:
    • Four (4) x return economy airfares from winner's nearest capital city (if winner resides in Australia) or from Auckland, Wellington or Christchurch (if winner resides in New Zealand) to Palm Springs, California, USA;
    • Four (4) nights (two (2) x twin share four (4) star rooms) accommodation in Palm Springs;
    • Return destination airport to accommodation transfers;
    • Four (4) VIP Coachella 2019 Tickets for 12/04/2019 – 14/04/2019;
    • Four (4) Coachella shuttle passes; and
    • AU$500 spending money awarded via bank transfer (winner only).
  4. The following conditions apply to the Major Prize: Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included and are the sole responsibility of the winner and his/her companion/s. The Major Prize must be taken to coincide with the Coachella 2019 Festival event with flights departing on 11/04/2019 and is subject to booking and flight availability. The winner and his/her companion/s must depart from and return to the same departure point and travel together. The Coachella Festival ticket element of the Major Prize is subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check in.
  5. Prizes are subject to the standard terms and conditions of individual prize and service providers.
  6. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
  7. Subject to the unclaimed prize draw clauses, if for any reason a winner does not take or redeem a prize (or an element of any prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  8. If any prize (or part of any 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, subject to any written directions from a regulatory authority.
  9. Total prize pool value is up to AU$46,500.
  10. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  11. A draw for any unclaimed Weekly Prizes may take place on 06/05/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw and their names will be published on www.livetotheultimate.com.au from 24/05/2019.
  12. If the Major Prize remains unclaimed by 12:00am AEDST on 18/03/2019 an unclaimed prize draw will take place at the same place as the original draw. The first valid entry drawn and successfully contacted by phone and in writing will win the prize. If the unclaimed prize draw winner cannot be contacted within 24 hours, the Promoter will contact the next drawn winner until a prize winner is determined. Results will be published on www.livetotheultimate.com.au from 01/04/2019.
  13. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  14. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  15. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  16. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  17. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the Coachella event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize or attendance at the Major Prize event.
  18. As a condition of accepting the Major Prize, the Major Prize winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  19. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as may be required, to regulatory authorities in Australia and/or New Zealand. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.ultimateears.com/en-au/legal/web-privacy-policy.html or https://www.logitech.com/en-nz/legal/web-privacy-policy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
  20. The Promoter is Logitech Australia Computer Peripherals Pty Limited (ABN 21 069 691 989) of The Woolstores Alexandria, Shed 72, Suite 2.01A, 4F Huntley Street, Alexandria, NSW 2015, Australia (the “Promoter”). Telephone: 61-02-9746 8300.

NSW Permit No. LTPS/18/27718 ACT Permit No. TP18/01699 SA Permit No. T18/1556