Specific Competition Terms and Conditions
Capture the Competition 2022
Who we are and how you can contact us
We are Bates Saddles, a world-wide brand owned by Hammersmith Nominees Pty Ltd (ABN 41 008 829 392), PO Box 153, Perth, WA 6858, an Australian company. You can contact us by email at firstname.lastname@example.org or by calling us on +61 8 9492 6455. If you need to you can write to us at Bates Saddles, 430 Newcastle Street, West Perth, WA, 6005. When we refer to our website, we mean our website at www.batessaddles.com.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY
KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Bates Saddles Capture the Competition 2022 is open only to legal residents of Angola, Australia, Belgium, Botswana, Canada, Denmark, Finland, France, Germany, Ireland, Lesotho, Luxembourg, Malawi, Mozambique, Namibia, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Swaziland, Sweden, Switzerland, United Kingdom, United States, Zambia, and Zimbabwe, the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old (except residents of Alabama and Nebraska, who must be at least nineteen (19) years old, and Mississippi who must be at least twenty-one (21) years old) at the time of entry]. Void in Guam, Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions and where prohibited by law. Employees of Bates Saddles and each of their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Bates Saddles refers to Hammersmith Nominees Pty Ltd (ABN 41 008 829 392), PO Box 153, Perth, WA (“Sponsor”), its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents .
The Contest begins at 9 am AEST 22 August 2022 and ends at 5 pm AEST on 30 November 2022 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest. Entries become the property of Hammersmith Nominees Pty Ltd (ABN 41 008 829 392), PO Box 153, Perth, WA and will not be acknowledged or returned.
4. How to Enter:
There is ONE way to enter the Contest. go to https://www.batessaddles.com/pages/competitions and complete the entry form. Participants must enter their valid email address into the entry form. Limit one entry per person per day.
Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods will void that participant’s plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player.
5. Selection of the Winners:
On or about 2 December 2022, Sponsor will select one (1) entry for the prize described below in Section 6 in a random drawing of all valid entries received. The decisions of Sponsor, including the selection of the winners, are final and binding on all matters relating to this Contest. The potential winner will be notified by email and/or phone. Each potential winner will be required to complete, sign, and return a Declaration of Compliance (“Declaration”) within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration within the required time period, or is found to be ineligible or not in compliance with these Official Rules, potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. All prizes will be awarded. Limit one prize per person, family or household.
6. One (1) Grand Prize winner will receive a Bates Saddle of the winner’s choice which excludes mounts, accessories and saddle fitting and includes shipping to a business address in an eligible state/country. Approximate retail value of the total prize package is up to AUD $6195 in Australian Dollars. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning depend on the number of eligible entries received.
By receipt of any prize, winner agrees to release and hold harmless Sponsor, each Sponsor branded hotel and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, 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, including, but not limited to, personal injury, death, or damage to or loss of property, arising in whole or in part, directly or indirectly, out of participation in the Contest or Contest related activity, or related stay with Sponsor, or receipt or use or misuse of any prize, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize.
Except where legally prohibited, participation in the Contest constitutes each winner’s consent to Sponsor’s and those acting under its authority to use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media now known or hereafter discovered, worldwide, without notice, review, approval or further payment or consideration.
9. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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.
10. Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves right to award only stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM www.batessaddles.com OR ANY OTHER WEB SITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Supreme Court of Western Australia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Western Australia, Australia without giving effect to any choice of law or conflict of law rules (whether of the State of Western Australia, Australia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Western Australia, Australia.
12. Entrant’s Personal Information:
13. Winner List:
For a winner list, visit www.batessaddles.com. The winner list will be posted after winner confirmation is complete until 31 December 2022.
14. Name Removal Notification System:
If you would like your name removed from Sponsor’s mailing list, email email@example.com with your request and your name will be removed within sixty (60) days of the request.
All entries submitted will belong exclusively to Sponsor. Sponsor shall have the right to use, assign or dispose of entries however it sees fit without approval of or compensation to entrants or any third parties. Sponsor has the right, but not the obligation, to use the entries chosen in this contest. Entrants will have no right of review or approval of how their Contest Entry Materials will be used by Sponsor and shall not receive any compensation or credit for use of their entries other than that which is disclosed in these Official Contest Rules. Entrants agree that, by entering the contest, Entrants irrevocably assign and transfer to Sponsor all right, title and interest in the Contest Entry Materials submitted throughout the world, including, without limitation, all trademark rights, and you agree to execute any additional documents Sponsor may deem necessary to evidence or effectuate such assignment.
16. Trademarks and Copyrights:
Sponsor’s trademarks and copyrights are proprietary to Sponsor. All rights reserved. This promotion is in no way sponsored, endorsed or administered by Facebook or Instagram. Sponsor shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.