January 2023 tommybahama.com.au Promotion Official Rules
Eligibility: Entrants must be 18 years of age or older as of 2 January 2023 and must be citizens or permanent residents of Australia. Employees of Tommy Bahama, its parent company, subsidiaries, affiliates, advertising and promotion agencies and their family/household members (defined as parents, spouse, children, siblings) are not eligible to enter. This Promotion is governed exclusively by the laws of New South Wales, Australia. Void where prohibited, taxed, or restricted by law. All federal, state and/or local rules and regulations apply.
Sponsor and Administrator: Tommy Bahama Australia Pty. Ltd., Level 6 60 Martin Place Sydney, NSW, 2000 1-800-956-486 and guestservices@tommybahama.com.au.
Promotional Period: Promotion runs from 2 January 2023 through 11.59 PM AWST 28 February 2023.
How to Enter: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. To enter, during the Promotional Period, entrants are asked to follow these instructions and submit one entry form that includes a valid email address at the Promotion entry site located at https://www.tommybahama.com.au/pages/cooler-giveaway. Entrants may only enter the Promotion once. All entry forms must contain all required details of the entrant, completed legibly. By entering the Promotion, you will be automatically opted-in to receive email communication from the Sponsor. Sponsor will randomly select by drawing one (1) winner from the pool of valid entrants after the end of the Promotional Period on 28 February 2023. Each entry will have an equal chance of winning. Odds of winning depend on the number of correct entries received. This is a game of chance and skill plays no part in determining the winner.
Prize Package: Total Prize Package for this promotion is a Wavy Marlin 54qt Stainless Steel Cooler– approximate retail value: AUS $280.
Winner Notification: The winner will be notified by email on or about 1 March 2023.
To Claim Prize: The potential winner will be notified by e-mail and may be required to complete and sign an Affidavit of Eligibility and Liability Release (collectively, the “Required Documentation”). If a potential winner cannot be contacted after the Sponsor uses reasonable efforts to contact them using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within three (3) days; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if Sponsor is unable to verify potential winner’s eligibility; if potential winner fails to sign and return the Required Documentation within the required time period or fails to comply with these Official Rules; if any prize is returned undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner will be selected by random drawing from among the eligible entries. In the event that a potential winner is disqualified for any reason, the next received and eligible entry received by Sponsor that is fully compliant with these Official Rules shall be deemed the winner, until the prize is awarded or until four (4) attempts have been made to award the prize and each attempt has failed. Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Promotional Period. If unable to verify eligibility, Sponsor will select an alternate potential winner within a reasonable time thereafter.
Prize Restrictions: Prizes cannot be redeemed for cash or substituted for any other items by the winner(s). The winner(s) cannot assign or transfer prize. Sponsor reserves the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason. Only one prize will be awarded per household. Individuals are eligible to win only one prize in a promotion sponsored by Tommy Bahama within any 12-month period, regardless of the number of promotions or giveaways entered. Each winner is responsible for all local, county, state, and federal taxes on prizes based on the value of the prizes set forth in these rules.
Release and Publicity: By entering, entrants represent that they are eligible, and agree (a) to be bound by these rules and the decisions of the judges, (b) to release Sponsor, its parent, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, losses, or damages of any kind caused by any prize or resulting from acceptance, possession, use, or misuse of any prize, and (c) to Sponsor’s use of entrants’ personal information as described in the Privacy Policy located at https://www.tommybahama.com.au/pages/privacy-policy. Except where prohibited by law, entry constitutes permission to use entrants’ names and photos, for posting, and/or any in any other media including for advertising and publicity purposes, without compensation.
General Conditions and Limitations of Liability: Sponsor is not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry, winner(s) or other giveaway information by Sponsor or entrants for any reason whatsoever. Sponsor is also not responsible for any injury or damage to any entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the promotion or for entries that are late, misdirected or incomplete. All entry materials may be maintained as part of Tommy Bahama’s promotional records. All entrants acknowledge that they own all of the intellectual property rights in all photos posted to Sponsor’s site (as applicable) and will not post any photos to such site to which they do not have the rights of ownership and will indemnify Sponsor for any intellectual property infringement. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to cancel or modify the promotion if it becomes technically or otherwise corrupted. This promotion is subject to all applicable laws and regulations and is void where prohibited or restricted by law, including without limitation, in jurisdictions requiring registration, filing, trust account, or posting of a bond, or any other requirements or disclosures that are not expressly satisfied by these rules. Sponsor is not responsible for typographical or other errors in the printing, offering, or administration of the promotion, or in the announcement of the prize.
Liability: The Sponsor shall not be liable and excludes all liability (including but not limited to negligence, infringement of third party intellectual property rights and misleading or deceptive conduct) for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with the Promotion or the use or taking of any Prize except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law (as applicable), in which case, that liability is limited to the minimum allowable by law.
Privacy: Any personally identifiable information collected during an entrant’s participation in the Promotion will be collected by Sponsor or its designee and used by Sponsor for the proper administration and fulfillment of the Promotion and in accordance with Sponsor’s privacy policy, located at:
https://www.tommybahama.com.au/pages/privacy-policy
By entering this Promotion, entrants consent to the use of their personal information as described in this Privacy section, including receiving marketing messages, whereby Sponsor may communicate with you about products, services, contests, promotions and other information.