Competition Terms & Conditions

Entry into the Rockingham Wild Encounters’ Name Our Baby Dolphins Competition (“Competition”) is deemed acceptance of these Terms and Conditions. Instructions on ‘How to enter’ also form part of these Terms and Conditions.

  1. For the purpose of these Terms and Conditions, the promoter is Rockingham Wild Encounter Pty. Ltd. of 153 Arcadia Drive Shoalwater, Western Australia 6169 (“Promoter”).

  2. Entry is open to everyone (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”).

  3. The Competition commences at 7am AWST on 1st April 2019 and ends at 11:59pm AWST on Monday 15th April 2019. (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.

HOW TO ENTER

  1. To enter, the Entrant must complete the entry form at www.penguinisland.com.au/name-our-baby-dolphins-competition (“Entry”) and fill all required fields.

  2. Entrants may enter as many times as they please.

  3. Two winning Entries (“Winning Entries”) will be chosen by Rockingham Wild Encounters at their discretion.

  4. The Entrants who submit the Winning Entry (“Winner”) will win a Swim With Wild Dolphins voucher from Rockingham Wild Encounters (“Rockingham Wild Encounters”). The value of the Prize is AUD$205 each, totaling AUD$410.

  5. The maximum total value of the Prizes awarded in this Competition is AUD$410.

  6. The Winners will be notified via email and phonecall by 5pm AWST on Wednesday 24th April 2019 of their success and will be directed to email the Promoter with any details required to deliver their Prize. The names of the Winner will be published on Rockingham Wild Encounter’s social media platforms on Tuesday 23rd April 2019.

  7. The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.

  8. The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use their Prize.  In the event that a Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize of equal or greater value.

  9. The Swim With Wild Dolphins voucher may be subject to further terms and conditions as set out by Rockingham Wild Encounters. For full terms and conditions visit our website at: www.dolphins.com.au

  10. All bookings for the Prize are subject to availability of Rockingham Wild Encounters and the Promoter will not be held responsible for any unavailability.

GENERAL

  1. An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.

  2. All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.

  3. Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.

  4. By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.

  5. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.

  6. The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.

  7. The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.

  8. Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

  9. The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

  10. The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems.

  11. Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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:

    1. any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;

    2. any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;

    3. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;

    4. any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);

    5. participation in this Competition; or

    6. cancellation of this Competition.

  12. This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).

  13. The Promoter will collect Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available here.

  14. By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events.

  15. These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Australia and any court hearing appeals from those courts.

  16. These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.

  17. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

  18. The Promoter can be contacted at:
    Email: info@dolphins.com.au
    Phone:  (+618) 9591 1333