Rip Curl Virtual Pro SearchGPS Competition
Conditions of Entry.
Information on how to enter, mechanics of entry and the prize form part of these Conditions of Entry. ENTRY INTO THE PROMOTION IS DEEMED ACCEPTANCE OF THESE CONDITIONS OF ENTRY. ENTRY IS VIA INTERNET ENGAGEMENT ONLY.
ELIGIBILITY
1. ENTRY IS ONLY OPEN DURING THE SURF PERIOD TO RESIDENTS OF AUSTRALIA, NEW ZEALAND, CANADA, FRANCE, ITALY, JAPAN, PORTUGAL , SOUTH AFRICA, SPAIN, UNITED KINGDOM, AND THE UNITED STATES OF AMERICA AGED 18 YEARS OR OLDER WHO:
i. OWN/PURCHASE A RIP CURL SEARCH GPS 1, 2 & 3 WATCH OR COMPATIBLE APPLE WATCH (WATCHOS 8 OR OLDER) (WATCH) AND HAVE ACCEPTED THE TERMS AND CONDITIONS FOR THE WATCH; AND
ii. FULLY, CORRECTLY AND SUCCESSFULLY SET UP THE WATCH USING THE SEARCH GPS APP BY RIP CURL (APPLICATION) INCLUDING PROVIDING THE ENTRANT’S FULL NAME, RESIDENTIAL ADDRESS, CONTACT TELEPHONE NUMBER, CURRENT AND VALID EMAIL ADDRESS (IF APPLICABLE); AND
iii. HAVE A SUBSCRIPTION (WHETHER PAID OR TRIAL) TO USE THE APPLICATION; AND
iv. GO AND SURF ONLY USING AN UNASSISTED CRAFT WHILST WEARING THE WATCH, FULLY ENABLED TO SEND DATA, ON AT LEAST ONE OCCASION DURING THE SURF PERIOD.
(together, an Entrant).
2. The following individuals (or members of their immediate families) are ineligible to enter the promotion: directors, management and employees of the Promoter its related entities, athletes sponsored by the Promoter, licensees or distributors of the Promoter and printers, suppliers, providers, venues and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. 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.
3. ENTRANTS MAY ONLY USE UNASSISTED CRAFT OR ADAPTIVE CRAFT TO BE ELIGIBLE FOR ENTRY INTO THE COMPETITION.
PROMOTIONAL DATES
4. THE PROMOTION COMMENCES AT 12:00 AM (MELBOURNE AUSTRALIA TIME) ON 04/08/2025 AND ENDS AT 11:59PM (MELBOURNE AUSTRALIA TIME) ON 04/09/2025 (PROMOTIONAL PERIOD) AND EACH ENTRANT MUST SATISFY THEMSELVES OF THE EQUIVALENT LOCAL TIME IN THEIR RESPECTIVE COUNTRY.
5. SURF PERIOD SHALL BE TAKEN TO MEAN THE PERIOD COMMENCING FROM 12:00AM (MELBOURNE AUSTRALIA TIME) ON 04/08/25 AND ENDING AT 11:59PM (MELBOURNE, AUSTRALIA TIME) 04/09/25, DURING WHICH TIME AN ENTRANT MUST HAVE SURFED WHILE USING THE WATCH AND APPLICATION AND THE APPLICATION HAS SENT DATA TO THE PROMOTER.
USING THE APPLICATION
6. The Application can be downloaded on:
i. Apple devices operating IOS 15 and later (iPhone 6s and later); or
ii. macOS 10.15 or later. To run this, you will need one of the following:
i. iMac: Late 2012 or newer
ii. iMac Pro: Late 2017
iii. Mac Pro: Late 2013 or newer
iv. Mac Mini: Late 2012 or newer
v. MacBook: Early 2015 or newer
vi. MacBook Air: Mid 2012 or newer
vii. MacBook Pro: Mid 2012 or newer, Retina display not needed
iii. 32 / 64 Bit
iv. 2.33GHz or faster x86-compatible processor, or Intel Atom™ 1.6GHz or faster processor for netbook class devices
v. Windows 7 - 11
7. TO ACCESS ALL FEATURES OF THE APPLICATION, ENTRANTS MUST ENABLE 3G, 4G OR 5G AND/OR WI-FI DATA CONNECTION ON THEIR DEVICE IN THE MANNER REQUIRED AND MUST HAVE A CURRENT SUBSCRIPTION (WHETHER PAID OR TRIAL IN NATURE).
8. ENTRANTS MUST HAVE THE BILL PAYER'S CONSENT TO USE INTERNET OR MOBILE INTERNET TO USE THE APPLICATION. SOME SERVICE PROVIDERS AND MOBILE DEVICES MAY NOT PROVIDE ACCESS TO MOBILE INTERNET AND ENTRANTS MUST CHECK WITH THEIR SERVICE PROVIDER IF UNSURE. DOWNLOADING, ACCESSING AND USING THE APPLICATION AND ACCESSING AND USING MOBILE CONTENT INCLUDING WEB-BASED CONTENT WILL INCUR DATA CHARGES. ANY EXTERNAL LINKS AND APPLICATION FEATURES THAT REQUIRE INTERNET OR MOBILE INTERNET CONNECTION MAY ALSO INCUR DATA CHARGES. DATA CHARGES WILL REMAIN AN ENTRANT’S RESPONSIBILITY AND WILL VARY DEPENDING ON THE INTERNET SERVICE PROVIDER, USAGE PLAN OR MOBILE CARRIER USED (AS APPLICABLE). ENTRANTS WILL NEED TO REFER TO THE TERMS OF THE CONTRACTS WITH THEIR MOBILE CARRIER, USAGE PLAN OR INTERNET SERVICE PROVIDER (AS APPLICABLE) FOR COSTS. THE CHARGES FOR ALL DATA SERVICES WILL APPEAR ON THE ENTRANT’S NEXT MOBILE PHONE BILL AND/OR INTERNET BILL (AS APPLICABLE). ALL GENERAL QUERIES RELATING TO CARRIER RATES OR MOBILE OR INTERNET BILLS SHOULD BE DIRECTED TO THE ENTRANT’S MOBILE PHONE CARRIER OR INTERNET SERVICE PROVIDER (AS APPLICABLE).
9. IF AN ENTRANT IS THE DRIVER OF A VEHICLE (OR OTHER FORM OF TRANSPORT), THE ENTRANT MUST NOT USE THE APPLICATION WHILE THE VEHICLE (OR OTHER FORM OF TRANSPORT) IS MOVING OR IS STATIONARY BUT NOT LAWFULLY PARKED. ENTRANTS MUST COMPLY WITH ALL APPLICABLE ROAD RULES AND REGULATIONS BEFORE AND WHILE USING THE APPLICATION. IN THE INTERESTS OF SAFETY AT ALL OTHER TIMES, THE PROMOTER RECOMMENDS THAT ENTRANTS ONLY USE THE APPLICATION WHEN IT IS LAWFUL AND SAFE TO DO SO.
HOW TO ENTER
11. TO ENTER THE PROMOTION, ENTRANTS MUST, DURING THE SURF PERIOD:
a. USE A SUBSCRIPTION (WEATHER PAID OR TRIAL IN NATURE) WITH THE SEARCH GPS SURF WATCH AND/OR COMPATIBLE APPLE WATCH WHEN SURFING TO RECORD AND UPLOAD THEIR STATISTICS AND HAVE THIS CORRECTLY RECORDED ON THE APPLICATION IN THE MANNER REQUIRED BY THE APPLICATION;
b. SURF ANYWHERE IN THE WORLD DURING THE SURF PERIOD; AND
c. SET THEIR SURF TO “PUBLIC” THROUGH THE APPLICATION; AND
d. SIGN UP VIA THE ENTRY FORM PROVIDED TO THEM BY THE PROMOTER LOCATED ON THE RIP CURL WEBSITE DURING THE PROMOTIONAL PERIOD IN WHICH THE ENTRANT PROVIDES THE FOLLOWING FIRST PARTY DATA:
i. FIRST NAME AND LAST NAME;
ii. AN EMAIL ADDRESS CONNECTED TO AN EXISTING SEARCH GPS APP ACCOUNT; AND
e. , CONSENTS AND ACCEPTS THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY STATEMENT AND PRIVACY STATEMENT ADDENDUM
(TOGETHER, AN ENTRY).
12. Only one (1) entry per person is permitted. Any subsequent entry of an Entrant after the first valid Entry is received from that Entrant will be deemed invalid.
13. ENTRIES WILL BE DEEMED ACCEPTED AT THE TIME OF RECEIPT BY THE PROMOTER AND NOT AT THE TIME OF TRANSMISSION. ENTRIES RECEIVED WILL BE CONSIDERED FINAL BY THE PROMOTER. INCOMPLETE, INACCURATE, ERRONEOUS, INELIGIBLE OR INCOMPREHENSIBLE ENTRIES WILL BE DEEMED INVALID. THE PROMOTER ACCEPTS NO RESPONSIBILITY FOR LATE, LOST OR MISDIRECTED ENTRIES. CONTACT DETAILS ENTERED INCORRECTLY BY AN ENTRANT ON THEIR ENTRY FORM WILL DEEM THEIR ENTRY INVALID.
14. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
WINNER DETERMINATION
15. All eligible Entries received after the Surf Period and to the end of the Promotional Period (Entry Period) will be ranked using the below point system and the three (3) highest ranked entrants at the close of the Promotion Period will be determined between 12:01AM (Melbourne, Australia time) and 11:59PM (Melbourne Australia time) (Melbourne, Australia Time) on 5 September 2025 at 101 Surf Coast Highway VIC Australia.
16. At the conclusion of the Entry Period, the Promoter will tally the total number of points received by eligible Entrant/s during the Entry Period and will record each eligible Entrant’s total scores on a leader board that will be visible to all Entrants after the Promotional Period. The leader board will display the eligible Entrants with the three (3) highest scores during the Entry Period.
17. The winners will be determined by the highest points scored during the Promotional Period. Scoring will be determined by an equation using: Waves Caught, Wavelength and Wave Speed (as per the current Boss Of The Break functionality)
18. IN THE EVENT OF AN INVALID ENTRY OR AN INELIGIBLE ENTRANT, OR IF AN ENTRANT IS INELIGIBLE TO ACCEPT A PRIZE, DECLINES TO ACCEPT A PRIZE OR DOES NOT ACCEPT THE PRIZE WITHIN THE REQUIRED TIMEFRAME, THE PRIZE WILL BE AWARDED TO THE ENTRY WITH THE NEXT HIGHEST NUMBER OF POINTS. IF THE PRIZE CANNOT BE AWARDED TO THIS ENTRANT, THE PROMOTER WILL CONTINUE THIS PROCESS UNTIL THE PRIZE IS AWARDED.
19. THIS IS A GAME OF SKILL AND CHANCE PLAYS NO PART IN DETERMINING THE WINNERS. THE WINNERS WILL BE NOTIFIED IN WRITING BY EMAIL WITHIN TWO (2) DAYS OF THE JUDGING, AND THE FIRST NAME, SURNAME INITIAL AND COUNTRY OF EACH WINNER WILL BE PUBLISHED ON THE PROMOTER’S WEBSITE AND VIA INSTAGRAM @RIPCURL (INSTAGRAM ACCOUNT) ON 5 SEPTEMBER 2025 AND WILL REMAIN ON THE PROMOTER’ WEBSITE FOR NO LESS THAN TWENTY-EIGHT (28) DAYS AND ON THE INSTAGRAM ACCOUNT IN PERPETUITY. ALL REASONABLE STEPS TO NOTIFY THE WINNERS OF THE RESULTS OF THE JUDGING WILL BE TAKEN BY THE PROMOTER. THE PROMOTER’S DECISION IS FINAL, AND NO CORRESPONDENCE WILL BE ENTERED INTO.
PRIZES
20. Major Prize: The first eligible Entry with the highest point score from all eligible Entries received during the Entry Period (Major Prize Winner) will win:
i. a 7 day trip to the Latitude Zero Surf Resort, for the Major Prize Winner (one person) including return transfers to Latitude Zero Surf Camp from Padang, West Sumatra, Accommodation and Food and other details as set out in clause 21 (Travel Prize);
ii. And one international economy class airfare up to the value of $2,500 AUD (from the Major Prize Winner’s nearest capital city to Padang, Indonesia); and
iii. One Ultimate Search Pack to the value of $500 AUD (excluding Surfboards, prices as marked RRP, not in conjunction with any other offer)
21. Major Prize terms:
i. Travel Prize is a trip to Latitude Zero Surf Resort, West Sumatra, Indonesia for 7days/6 nights during the period between 4th September 2025 – 4th September 2026, for the Major Prize Winner only (aged 18 years or older), valued at up to AUD$10,500
ii. The Travel Prize consists of the following elements:
i. 1 x transfer to Latitude Zero Surf Camp, from Padang, West Sumatra. Prize winners will have to arrange their own travel to Padang, West Sumatra.
ii. 6 nights’ at the Telo Island Resort 4-star accommodation in a 1-resort room (or similar) at Latitude Zero Surf Resort for one person.
iii. Breakfast, Lunch and Dinner at Latitude Zero Surf Resort (Telo Island) for one person.
iv. Resort stay includes use of all activities including fishing, boat rides, range of surfboards and yoga for one person.
iii. Additional food, drinks or other expenses not expressly stated herein will be the responsibility of, and paid for by, the Major Prize Winner
22. THE TRAVEL PRIZE DOES NOT INCLUDE TRAVEL INSURANCE OR INCIDENTAL COSTS NOT EXPRESSLY MENTIONED ABOVE.”
23. Latitude Zero Surf Resort will do their best to accommodate the dates requested by the Major Prize Winner. It is incumbent on the Major Prize Winner to request their preferred dates reasonable ahead of time to ensure maximum flexibility of booking dates.
24. Second Prize: The next entrant (1) eligible Entry with the highest point score from all remaining eligible Entries received during the Entry Period (Second Prize Winner) will win:
i. AUD$1,500 RRP Rip Curl online voucher.
25. Third Prize: The next entrant (1) eligible Entry with the highest point score from all remaining eligible Entries received during the Entry Period (Third Prize Winner) will win:
i. Signed Rip Curl Cup Rashie by Surfer Mason Ho
26. The total promotional prize pool value is AUD$13,500 (incl. GST) (Accurate as of 25 July 2025)
PRIZE CONDITIONS
27. ONCE A WINNER CONFIRMS THEIR PRIZE WITH THE PROMOTER, THE PROMOTER WILL WORK WITH THE WINNER TO FACILITATE THEIR ACCESS TO THE DETAILS OF THE PRIZE INCLUDING, IN RELATION TO THE TRAVEL PRIZE ANDDATES TO REDEEM THE ACCOMMODATION.
28. THE MAJOR PRIZE WINNER MUST CONFIRM TO THE PROMOTER IN WRITING OF THEIR ACCEPTANCE OF THE MAJOR PRIZE SET BY THE PROMOTER, WITHIN 14 DAYS OF BEING ADVISED
29. THE TRAVEL PRIZE MUST BE REDEEMED IN FULL BY 4 SEPTEMBER 2026, OR THE TRAVEL PRIZE IS FORFEITED AND NO FURTHER PRIZE WILL BE OFFERED. THE PRECISE TIMES AND DATES OF ACCOMMODATION DETAILS AND ANY ACTIVITIES INCLUDED IN THE PRIZES WILL BE NOTIFIED TO THE WINNERS BY THE PROMOTER IN WRITING AS SOON AS PRACTICABLE AFTER BOOKING CONFIRMATION HAS BEEN RECEIVED BY THE PROMOTER. REDEMPTION OF A PRIZE IS SUBJECT TO AVAILABILITY AND MAY BE DEPENDENT ON AVAILABILITY, SPECIFIC ROOM CATEGORY AVAILABILITY AND TRAVEL ‘BLACKOUT’ PERIODS APPLYING (INCLUDING SCHOOL HOLIDAYS AND PUBLIC HOLIDAYS). ALL COMPONENTS OF A PRIZE MUST BE TAKEN TOGETHER AND WHEN OFFERED OR ARE FORFEITED.
30. THE MAJOR PRIZE WINNER MUST DEPART FROM AND RETURN TO THE SAME DEPARTURE POINT. ANY EXTENSION OR VARIATION OF THE TRAVEL AND/OR ACCOMMODATION DATE(S) NOMINATED BY THE PROMOTER, OR BOOKINGS ALREADY MADE WILL BE AT THE DISCRETION OF THE PROMOTER AND AT THE COST AND RESPONSIBILITY OF THE WINNER. THE TRAVEL PRIZE CANNOT BE USED IN CONJUNCTION WITH TRAVEL DISCOUNTS OR SPECIAL OFFERS. FLIGHTS AND ACCOMMODATION ARE TO BE ARRANGED BY A TRAVEL AGENT NOMINATED BY THE PROMOTER.
31. PRIOR TO TRAVEL ARRANGEMENTS BEING BOOKED THE WINNER MUST COMPLETE AND RETURN TO THE PROMOTER:
i. ANY REQUESTED MEDICAL CLEARANCE FORMS SIGNED BY A REGISTERED MEDICAL DOCTOR. FAILURE TO COMPLETE AND RETURN THE FORM BY THE DATE REQUESTED BY THE PROMOTER MAY RESULT IN THE PRIZE BEING FORFEITED.
THE PROMOTER WILL DEAL WITH AND RETAIN SUCH INFORMATION IN ACCORDANCE WITH ITS PRIVACY STATEMENT.
32. ALL ADDITIONAL COSTS NOT EXPRESSLY STATED, BUT WHICH MAY BE INCURRED IN ACCEPTANCE AND USE OF THE TRAVEL PRIZE, ARE THE RESPONSIBILITY OF THE WINNER. SUCH ADDITIONAL COSTS MAY INCLUDE, BUT ARE NOT LIMITED TO MEALS AND BEVERAGES NOT OTHERWISE LISTED IN CLAUSE 21, ROOM SERVICE, TELEPHONE CALLS DATA AND MOBILE ROAMING COSTS, LAUNDRY SERVICES, SPENDING MONEY INCLUDING EXCHANGE RATES AND CONVERSION FEES, TRANSPORT TO AND FROM DEPARTURE POINT, OTHER TRANSFERS, INSURANCE, TRAVEL INSURANCE, PASSPORTS, VISAS (IF APPLICABLE) AND TAXES INCLUDING ARRIVAL AND DEPARTURE TAXES (IF APPLICABLE). THE MAJOR PRIZE WINNER MAY BE REQUIRED TO PRESENT A CREDIT CARD INCLUDING AT TIME OF ACCOMMODATION CHECK-IN.
33. THE MAJOR PRIZE WINNER MUST CONDUCT THEMSELVES IN A RESPONSIBLE, COURTEOUS AND FRIENDLY MANNER AT ALL TIMES WHILST PARTICIPATING IN THE TRAVEL PRIZE. ACCEPTANCE OF A PRIZE AND PARTICIPATION IN A PRIZE IS SUBJECT TO ANY PREVAILING TERMS AND CONDITIONS OF TRAVEL/ACCOMMODATION/TRANSFERS/SERVICES SUPPLIERS, EVENT ORGANISERS AND ANY OTHER PRIZE SUPPLIERS, AND IN PARTICULAR BEHAVIOUR AND SAFETY REQUIREMENTS. EACH WINNER MUST FOLLOW ALL REASONABLE DIRECTIONS GIVEN BY THE PROMOTER AND ANY EVENT ORGANISER OR PRIZE SUPPLIER DURING THE COURSE OF THEIR PARTICIPATION IN THE PRIZE, INCLUDING ALL DIRECTIONS IN RELATION TO RESPONSIBLE CONSUMPTION OF ALCOHOL, ACCEPTABLE DRESS STANDARDS, BEHAVIOUR AND SAFETY. THE PROMOTER AND ANY EVENT ORGANISER OR PRIZE SUPPLIER RESERVE THE RIGHT, IN THEIR ABSOLUTE DISCRETION, TO REFUSE ENTRY, TO DISQUALIFY, SANCTION AND/OR EJECT THE MAJOR PRIZE WINNER (OR ANY GUEST) FROM ANY COMPONENT OF A PRIZE, OR TO REFUSE PARTICIPATION IN CERTAIN ACTIVITIES, ON THE GROUNDS OF INAPPROPRIATE BEHAVIOUR, OR SAFETY REASONS, OR FOR ANY BREACH OF THESE CONDITIONS OF ENTRY GENERALLY. IF A WINNER FAILS TO PARTICIPATE IN THEIR PRIZE IN THE MANNER REQUIRED, AS STATED IN THIS CONDITION AND IN THE REASONABLE OPINION OF THE PROMOTER, THEIR ENTRY AND THE BALANCE OF THE PRIZE WILL BE FORFEITED WITH NO COMPENSATION PAYABLE.
34. IT IS THE SOLE RESPONSIBILITY OF THE MAJOR PRIZE WINNER TO ENSURE THEIR ENTRY INTO THE RELEVANT PRIZE DESTINATION COUNTRY, AT THEIR OWN EXPENSE, INCLUDING ENSURING ALL NECESSARY PASSPORTS ARE VALID FOR SIX (6) MONTHS FROM DATE OF TRAVEL AND VISAS AND/OR TRAVEL AUTHORISATIONS (IF APPLICABLE) AND MEDICAL ADVICE INCLUDING RECOMMENDED VACCINATIONS AND/OR IMMUNISATIONS HAVE BEEN OBTAINED PRIOR TO TRAVEL. FAILURE TO DO SO MAY RESULT IN THE MAJOR PRIZE BEING FORFEITED.
35. EACH WINNER MUST INFORM THE PROMOTER IN WRITING OF THEIR ACCEPTANCE OF THEIR RESPECTIVE PRIZE AND OTHER REQUESTED DETAILS (AS APPLICABLE) WITHIN 14 DAYS FROM THE DATE THE WINNER IS NOTIFIED BY THE PROMOTER THAT THEY HAVE WON, OTHERWISE THE ENTIRE PRIZE MAY BE FORFEITED.
36. IT IS A CONDITION OF ACCEPTING A PRIZE THAT THE WINNER(S) MAY BE REQUIRED TO SIGN ELIGIBILITY FORM(S), CODE(S) OF CONDUCT AND/OR LEGAL RELEASE(S) (INCLUDING PRIZE ACCEPTANCE RELEASE(S)) AND OBTAIN MEDICAL CLEARANCE IN A FORM DETERMINED BY THE PROMOTER IN ITS ABSOLUTE DISCRETION WHICH DISCRETION WILL BE EXERCISED IN ACCORDANCE WITH APPLICABLE LAWS.
37. ANY VOUCHERS OFFERED AS A PRIZE WILL BE SUBJECT TO THE NORMAL TERMS AND CONDITIONS ATTACHED TO THE ISSUING AND USE OF SUCH VOUCHERS.
38. Prizes cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party such as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
39. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. Prizes cannot be used or redeemed in conjunction with any other offer.
40. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings, including import tax. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price in Australian dollars including GST as at the date specified above.
GENERAL
41. THE DECISION BY THE PROMOTER TO ACCEPT OR REJECT AN ENTRY IS IN THE PROMOTER’S SOLE DISCRETION AND NO CORRESPONDENCE WILL BE ENTERED INTO. ANY ENTRY THAT CONTAINS CONTENT THAT THE PROMOTER, IN ITS SOLE DISCRETION, CONSIDERS TO BE OFFENSIVE, OBSCENE, CRUDE OR INAPPROPRIATE IN ANY WAY OR THAT THE PROMOTER CONSIDERS MAY INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY PERSON, CORPORATION OR ENTITY WILL NOT BE ACCEPTED AS AN ELIGIBLE ENTRY INTO THE PROMOTION. THIS INCLUDES BUT IS NOT LIMITED TO ANY ENTRY WHICH THE PROMOTER CONSIDERS TO BE DISPARAGING OF ANY OF ITS OR ANY PRIZE SUPPLIER’S PRODUCTS AND/OR SERVICES OR IS OTHERWISE NOT IN KEEPING WITH THE SPIRIT OF THE PROMOTION. ENTRIES WHICH THE PROMOTER REASONABLY BELIEVES WERE MADE USING ASSISTED CRAFT WILL BE DEEMED INELIGIBLE. ANY DECSION BY THE PROMOTER IN THIS REGARD WILL BE MADE IN ACCORDANCE WITH ALL APPLICABLE LAWS.
42. ENTRANTS CAN ONLY ENTER IN THEIR OWN NAME. ENTRANTS WHO PROVIDE INCORRECT, MISLEADING OR FRAUDULENT INFORMATION ARE INELIGIBLE TO PARTICIPATE IN THE PROMOTION AND ALL ENTRIES OF AN ENTRANT WHO IS DEEMED BY THE PROMOTER TO HAVE PROVIDED INCORRECT, MISLEADING OR FRAUDULENT INFORMATION MAY, AT THE DISCRETION OF THE PROMOTER, BE DEEMED INVALID. THE PROMOTER RESERVES THE RIGHT TO REQUEST THE ENTRANT PRODUCE (WITHIN THE REQUESTED TIME) APPROPRIATE PHOTO IDENTIFICATION OR OTHER DOCUMENTATION (TO THE PROMOTER’S SATISFACTION, AT ITS SOLE DISCRETION) IN ORDER TO CONFIRM THE ENTRANT’S IDENTITY, AGE, RESIDENTIAL ADDRESS, ELIGIBILITY TO ENTER AND CLAIM A PRIZE, AND ANY INFORMATION SUBMITTED BY THE ENTRANT IN ENTERING THE PROMOTION, BEFORE ISSUING A PRIZE. IF ANY DOCUMENTATION REQUIRED BY THE PROMOTER IS NOT RECEIVED BY THE PROMOTER (OR ITS NOMINATED AGENT) OR AN ENTRANT OR ENTRY HAS NOT BEEN VERIFIED OR VALIDATED TO THE PROMOTER’S (OR ITS NOMINATED AGENT’S) SATISFACTION THEN ALL THE ENTRIES OF THAT ENTRANT MAY BE INELIGIBLE AND DEEMED INVALID.
43. THE PROMOTER RESERVES THE RIGHT TO VERIFY THE VALIDITY OF ANY AND ALL ENTRIES AND TO DISQUALIFY ANY ENTRANT FOR: (A) TAMPERING WITH THE ENTRY PROCESS; (B) SUBMITTING AN ENTRY WHICH IS NOT IN ACCORDANCE WITH THESE CONDITIONS OF ENTRY; OR (C) ENGAGING IN ANY UNLAWFUL OR OTHER IMPROPER MISCONDUCT CALCULATED TO JEOPARDISE THE FAIR AND PROPER CONDUCT OF THE PROMOTION. THE PROMOTER'S LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION FROM SUCH AN OFFENDER ARE RESERVED.
44. ANY ATTEMPT TO CAUSE MALICIOUS DAMAGE OR INTERFERENCE WITH THE NORMAL FUNCTIONING OF THE WATCH OR APP TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. IF THE PROMOTER SUFFERS LOSS OR INCURS ANY COSTS IN CONNECTION WITH ANY BREACH OF THESE CONDITIONS OF ENTRY OR ANY OTHER LEGAL OBLIGATION BY AN ENTRANT, THE ENTRANT AGREES TO INDEMNIFY THE PROMOTER FOR THOSE LOSSES, DAMAGES AND COSTS.
45. A PRIZE WILL ONLY BE AWARDED FOLLOWING ANY WINNER VALIDATION AND VERIFICATION THAT THE PROMOTER, OR ITS NOMINATED AGENTS, REQUIRES IN THEIR SOLE ABSOLUTE DISCRETION.
46. AN ENTRY AND ANY COPYRIGHT SUBSISTING IN AN ENTRY IRREVOCABLY BECOMES, AT TIME OF ENTRY, THE PROPERTY OF THE PROMOTER.
47. IT IS A CONDITION OF ACCEPTING A PRIZE THAT A WINNER MAY BE REQUIRED TO SIGN A LEGAL RELEASE OR RELEASE(S) (INCLUDING PRIZE ACCEPTANCE RELEASE(S)) IN A FORM DETERMINED BY THE PROMOTER IN ITS ABSOLUTE DISCRETION WHICH DISCRETION WILL BE EXERCISED IN ACCORDANCE WITH APPLICABLE LAWS.
INTELLECTUAL PROPERTY RIGHTS AND CONTENT
48. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawing, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials where required for entry into the promotion, unless the entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An entry submitted without obtaining such written consent may result in the entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability for any claims arising. ANY ENTRIES THAT CONTAIN CONTENT THAT THE PROMOTER, IN ITS SOLE DISCRETION, CONSIDERS TO INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY PERSON, CORPORATION OR ENTITY, WILL NOT BE ACCEPTED AS ELIGIBLE ENTRIES INTO THE PROMOTION. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ENTRY WHICH THE PROMOTER CONSIDERS TO BE DISPARAGING TO ITS PRODUCTS AND/OR SERVICES OR IS OTHERWISE NOT IN KEEPING WITH THE SPIRIT OF THE PROMOTION. THE DECISION BY THE PROMOTER TO ACCEPT OR REJECT AN ENTRY IS IN THE PROMOTER’S SOLE DISCRETION AND NO CORRESPONDENCE WILL BE ENTERED INTO.
49. All Entries must be the Entrant’s original work. The Promoter reserves the right to verify, and/or to require the Entrant to verify, that their Entry is the Entrant’s original work. If an Entry cannot be verified to the Promoter’s satisfaction, the Entry will be deemed invalid and the Entrant ineligible to participate in the Promotion.
50. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis, and to the extent required, grants to each Entrant a non-exclusive license for the Promotional Period to use the promotional material and the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
51. BY ENTERING THE PROMOTION, EACH ENTRANT GRANTS TO THE PROMOTER TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW IN THE COUNTRY IN WHICH THE ENTRANT IS RESIDENT AT THE DATE OF ENTRY INTO THE COMPETITION, A ROYALTY-FREE, NON-EXCLUSIVE TRANSFERRABLE LICENSE (AND AGREES TO USE THEIR BEST ENDEAVOURS TO PROCURE ANY RELEVANT THIRD PARTIES TO GRANT TO THE PROMOTER SUCH LICENSE) TO USE THEIR ENTRY FOR A PERIOD OF UP TO 12 MONTHS FROM THE DATE THIS COMPETITION IS DRAWN FOR THE PURPOSES OF MARKETING AND PROMOTING THE PROMOTER AND/OR ITS GOODS AND SERVICES IN ANY MANNER AND IN ANY MEDIA WHETHER EXISTING NOW OR IN THE FUTURE, WITHOUT THE FURTHER CONSENT OF THE ENTRANT AND WITHOUT ANY FURTHER COMPENSATION PAYABLE TO THE ENTRANT. EACH ENTRANT ALSO EXPRESSLY CONSENTS FOR THE BENEFIT OF THE PROMOTER TO ALL OR ANY ACTS OR OMISSIONS THAT WOULD ORDINARILY CONSTITUTE AN INFRINGEMENT OF THE ENTRANT’S MORAL RIGHTS IN RELATION TO ALL INTELLECTUAL PROPERTY RIGHTS IN THEIR ENTRY PURSUANT TO THE COPYRIGHT ACT 1968 (CTH) IN AUSTRALIA AND THE COPYRIGHT ACT 1994 IN NEW ZEALAND (ANY EQUIVALENT LAWS IN ANY OTHER COUNTRIES), INCLUDING THE PROMOTER HAVING AN UNFETTERED RIGHT TO TREAT THE ENTRY IN ANY MANNER AT ITS DISCRETION, TO ALTER THE ENTRY IN ANY MANNER AND TO THE PROMOTER NOT ATTRIBUTING AUTHORSHIP OF THE ENTRY TO THE ENTRANT.
52. BY ENTERING THE PROMOTION, AN ENTRANT WARRANTS TO THE PROMOTER:
a. THAT THEIR ENTRY DOES NOT CONTAIN CONTENT THAT IS ILLEGAL, CONTRARY TO ANY LAWS, INDECENT, OBSCENE, THREATENING, DISCRIMINATORY, HARASSING, IN BREACH OF ANY CONFIDENCE, DEFAMATORY, LIBELLOUS, OFFENSIVE OR OBJECTIONABLE;
b. THAT THEIR ENTRY DOES NOT CONTAIN CONTENT THAT IS CONTRARY TO THE REQUIREMENTS OR DIRECTIONS OF RELEVANT REGULATORS;
c. THAT THEIR ENTRY DOES NOT CONTAIN CONTENT THAT HAS BEEN USED IN PREVIOUS MARKETING MATERIALS OR PROMOTION FOR ANY THIRD PARTY OR WHERE ANY THIRD PARTY HAS BEEN GRANTED USE OF THAT CONTENT FOR ANY PURPOSE WHATSOEVER, INCLUDING COMMERCIAL PURPOSES;
d. THAT THEIR ENTRY DOES NOT CONTAIN CONTENT THAT HAS ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, EASTER EGGS OR OTHER COMPUTER PROGRAMMING ROUTINES THAT MAY DAMAGE, MODIFY, DELETE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, ACCESS WITHOUT AUTHORITY OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION;
e. THAT DURING THE COURSE OF CREATING THEIR ENTRY, THEIR CONDUCT WAS NOT ILLEGAL, CONTRARY TO ANY LAWS, INDECENT, OBSCENE, THREATENING, DISCRIMINATORY OR HARASSING TO ANY PERSON; AND
f. THAT THEY AGREE THAT IF THEIR ENTRY IS ACCEPTED BY THE PROMOTER, IT MAY BE MADE AVAILABLE ON THE PROMOTER’S WEBSITE(S), ANY ONE OF THE PROMOTOR’S OTHER COMPANY AND PRODUCT WEBSITES, PROMOTER’S SOCIAL MEDIA AND OTHER PROMOTIONAL AND COMMUNICATION MEDIA FOR PUBLIC VIEWING AND MAY BE USED BY THE PROMOTER IN ANY MEDIA AND IN ANY FORM FOR AN UNLIMITED PERIOD OF TIME WITHOUT REMUNERATION OR COMPENSATION FOR THE PURPOSE OF PROMOTING, PUBLICISING AND/OR MARKETING THE PROMOTION (INCLUDING ANY OUTCOME) AND/OR PROMOTING ANY PRODUCTS AND SERVICES MANUFACTURED, DISTRIBUTED AND/OR SUPPLIED BY THE PROMOTER AND/OR THE PROMOTER AND GENERALLY.
DISCLAIMERS
53. TO THE EXTENT PERMITTED BY LAW, EACH ENTRANT INDEMNIFIES, AND MUST DEFEND AND HOLD HARMLESS, THE PROMOTER AND ITS EMPLOYEES, SERVANTS, AGENTS AND CONTRACTORS, FROM AND AGAINST ALL LOSSES ARISING FROM: (I) A BREACH BY THE ENTRANT OF ANY OF THESE CONDITIONS OF ENTRY; (II) ANY THIRD PARTY CLAIM ARISING DIRECTLY OR INDIRECTLY FROM A BREACH BY THE ENTRANT OF ANY OF THESE CONDITIONS OF ENTRY; (III) A NEGLIGENT, WILFUL OR OTHERWISE WRONGFUL ACT OR OMISSION OF THE ENTRANT; (IV) FRAUDULENT OR DISHONEST ACTS OR OMISSIONS BY THE ENTRANT; (V) ANY BREACH BY THE ENTRANT OF ANY APPLICABLE LAWS; (VI) ANY CLAIM BY ANY THIRD PARTY (INCLUDING INDIVIDUALS, LEGAL ENTITIES AND GOVERNMENTAL DEPARTMENTS OR AGENCIES) ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF THE ENTRANT ENTERING THE PROMOTION; (VII) THE DEATH OF, OR PERSONAL INJURY TO, ANY PERSON OR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF, ANY REAL OR TANGIBLE PERSONAL PROPERTY, TO THE EXTENT CAUSED BY ANY ACT OR OMISSION OF THE ENTRANT; AND (VIII) ANY CLAIM OR ALLEGATION THAT THE ENTRANT’S ENTRY INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR CONSTITUTES AN UNLAWFUL DISCLOSURE OR MISUSE OR MISAPPROPRIATION OF ANOTHER PARTY’S TRADE SECRET OR CONFIDENTIAL INFORMATION.
54. If the prize or element of the prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
55. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), pandemic, epidemic, border closures, travel restrictions, health emergencies, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s).
56. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize.
57. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
PRIVACY
58. The Promoter collects, uses and discloses information in accordance with its Privacy Statement at and as stated in these Conditions of Entry.
59. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
60. An Entrant also agrees that the Promoter may, in the event that the Entrant is a winner, publish or cause to be published, the Entrant winner’s name and locality in any media, as may be required under the relevant legislation.
61. The Promoter will provide to each Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purposes of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under relevant privacy legislation.
62. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
63. Notice of Financial Incentive – In jurisdictions where a Notice of Financial Incentive is required, the following clause shall apply. Entrants from to this promotion agree and understand that their personal information will be collected in exchange for the opportunity to submit an entry to the Promotion. The personal information collected for the Promotion will include identifiers for the Entrant, as well as information about their location and activities (being information displayed on the Boss of the Break leaderboard). This information may be disclosed within the Promoter’s group of companies (or affiliates) for the purpose of better tailoring their communications, offers, programs and services to its customers and users of the SearchGPS watch or Application. The rewards and benefits of entry into this Promotion is based on the Promoter’s reasonable, but sole, determination of the estimated value of such personal information as may be provided by Entrants. This includes but is not limited to, taking account of the anticipated revenue generated from such information, the costs the Promoter incurs in the collection, storage and use of this information in its business and other factors relevant to estimating value for such information, as permitted by the CCPA. A customer can opt out of receiving marketing communications at any time by clicking the unsubscribe link in any email they receive from the Promoter. If an Entrant requests that the Promoter delete any of the Entrant’s personal information that is essential to determining the winner of the Promotion, the Entrant’s entry into the Promotion will be removed and they will not be eligible to win the prizes outlined in these Conditions of Entry.
64. In these Conditions of Entry:
“Adaptive Craft” means any surf craft that is modified to facilitate adaptive surfing.
“Assisted Craft” means hydrofoils, SUPs (stand-up paddleboards), kite boards and boogie boards.
“Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia and the Consumer Guarantees Act 1993 and Fair Trading Act 1986 No 121 in New Zealand, and equivalent laws in any other countries.
“Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
“Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles.
“Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.
Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not, and in New Zealand, for the purpose of the Privacy Act 2020, information about an identifiable individual.
“Promoter” means Rip Curl Proprietary Limited (ABN 40 004 838 064) of 101 Surf Coast Highway, Torquay, VIC, 3228, Australia Phone: (03) 5261 0008.
“Surf/Surfs/Surfing/Surfed” means the act of using an Unassisted Craft to ride waves towards the shore and includes the act of surfing in the ocean, in wave parks and on tidal rivers.
“Unassisted Craft” means shortboards, mals and mini-mal and does not include Assisted Craft.
65. Except to the extent expressly stated above, each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of State of Victoria, Australia and each Entrant submits to the exclusive jurisdiction of the courts of Victoria (as applicable) and any courts competent to hear appeals from those courts.
