Competition Terms of Entry
Competition Terms of Entry
Hi, we are Gypsy Tales FZ-LLC, and we are stoked you took the time to visit the terms associated with the TC125 Project Bike Competition (Terms of Entry).
Throughout these Terms of Entry we use some capitalised words and phrases, like the word Competition. These capitalised words and phrases are defined at the end of this document. They aid to clarify the terms and conditions. Please feel free to contact us via our Website if you have any questions.
By participating in this Competition the Entrant is deemed to have accepted these Terms of Entry.
Entry is open only to those people who satisfy each of the following criteria. Entrants must:
Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the Immediate Families of directors, officers, management, employees, suppliers and contractors) of Gypsy Tales and of the agencies and companies associated with this Competition are ineligible to enter (Excluded Entrants).
The Competition will start on 01 Jan 2023 at 9:00 AM AEST and end on 31 March 2023 at 5:00 PM AEST (Competition Period). No entries will be accepted outside this time.
The Prize is the TC125 Project Bike, featured on our Website and in our Podcasts with an estimated value of AUD$20,000.
Gypsy Tales will deliver the Prize to a suitable bike mechanic in your local state or territory for assembly and pickup. Please allow up to 5 months from date of the winner notification for delivery of the Prize.
The winner is responsible for all expenses in getting to and from our nominated mechanic to collect the Prize. Any costs associated with the transport of the Prize to an alternate pick-up location will be the responsibility of the winner.
The Prize does not include petrol, comprehensive insurance, compulsory third party insurance, road worthy certification any mechanical, body or other repairs made from the date of redemption, optional extras or any ancillary costs.
Entrants are advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of the Prize. Gypsy Tales accepts no responsibility for any tax implications that may arise from accepting the Prize. Entrants are responsible for any and all expenses that they incur in entering the Competition and they will not be reimbursed regardless of whether or not they win the Competition.
In order to enter the Competition, the entrants must, during the Competition Period:
(Method of Entry).
Failure to comply with the Method of Entry will result in an invalid entry. Gypsy Tales will not advise an Entrant if their entry is deemed invalid.
The time of entry will be deemed to be the time the entry is received by Gypsy Tales.
Each member may only submit one entry.
Gypsy Tales accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by Gypsy Tales for any reason.
Gypsy Tales is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into to advise with respect to entries, received or validity.
The Prize will be awarded to the best entry as judged in accordance with the Prize selection details.
Entries must not have been published previously and/or have been used to win prizes in any other Competitions. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content or does not meet the criteria relating to the Method of Entry. The judges’ decision is final, and no correspondence will be entered into regarding judging criteria or ranking of entries.
The winner does not need to be present at selection, which will take place on 05 April 2023.
The winner will be notified via email no later than 09 April 2023 and published on our Website as soon as we have made contact with the winner. The Winner must respond to that email before 15 April 2023 in order to claim the prize. The notification will include details about how the Prize can be claimed.
If the Prize is unclaimed by 31 June 2023, Gypsy Tales will award the prize to the eligible entrant who came runner-up when the entries were judged. The unclaimed Prize will be announced on 01 July 2023.
If no subsequent winner claims the Prize Gypsy Tales reserves the right to abandon the Competition or make subsequent selections and announcements in its sole and absolute discretion.
The notification to winner will be deemed to have occurred on the later of the time the winner receives actual notification from Gypsy Tales or two business days thereafter.
Gypsy Tales takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the Competitional period, it is the entrant’s responsibility to notify Gypsy Tales. A request to modify any entry information should be directed to Gypsy Tales.
The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated.
To the maximum extent permitted at law, Gypsy Tales excludes all warranties, representations or guarantees (Warranties) regarding the Competition and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Competition.
The conduct of the Competition or the supply of prizes may involve third parties, and Gypsy Tales makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions.
By entering the Competition, an entrant releases and indemnifies Gypsy Tales and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against Gypsy Tales or that Gypsy Tales may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Competition or winning or failing to win a prize, or using or permitting any other person to use the Prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
If despite the foregoing clause, Gypsy Tales incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, then to the fullest extent possible under the law, Gypsy Tales limits its liability for any breach to:
Without limiting any of the foregoing, in no circumstances will an entrant or Gypsy Tales have any liability to the other for any loss or damage suffered which is indirect or Consequential Loss.
Gypsy Tales and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of the Prize.
Gypsy Tales may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Competition at any time without giving reasons and without liability to any entrants.
Without limiting this Gypsy Tales reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of Entry or who manipulates or tampers with the entry process.
In the event that a winner breaches these Terms of Entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of Gypsy Tales, whose decision is final.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where the Prize is unavailable for any reason, Gypsy Tales may substitute the Prize for another item of equal or higher value.
Gypsy Tales accepts no responsibility for any variation in Prize value (including between advertising of the Competition and receipt of the Prize).
In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Gypsy Tales’s ability (or that of a third party involved with the Competition) to proceed with the Competition on the dates and in the manner described in these Terms of Entry, including but not limited to vandalism, action or inaction of a government, failure of a supplier or common carrier, natural disasters, acts of God, civil unrest, strike, war or act of terrorism, Gypsy Tales’s obligations in respect of the Competition will be suspended for the duration of the event and, in addition, Gypsy Tales may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions.
All entries become the property of Gypsy Tales. As a condition of entering into this Competition, entrants agree to assign all their rights in and to their entry and any related content to Gypsy Tales, including any copyright or other intellectual property rights in the entry and related content.
Without limiting this, Gypsy Tales may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that Gypsy Tales’ use of such content will not infringe the rights of any third parties.
The entrant agrees to indemnify Gypsy Tales against all claims and costs by third parties arising from a breach of the warranty set out in this clause. Gypsy Tales has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
Gypsy Tales may promote the Competition via its Social Media Channels. By entering the Competition, entrants acknowledge and agrees: that the Competition is in no way sponsored, endorsed or administered by, or associated with the providers of those Social Media Channels; and to release those Social Media Channels from all liability in relation to this Competition.
Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.
Communications – Any questions, comments or complaints regarding the Competition should be directed to Gypsy Tales via the contact section of our Website and not through our Social Media Channels.
Entire Agreement – This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Governing law – The laws of Queensland, Australia governs this Competition and the Terms of Entry. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Severability – Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
Wavier – Failure by Gypsy Tales to enforce any of its rights at any stage does not constitute a waiver of those rights.
AEST means Australian Eastern Standard Time.
Competition means the Competition for the TC125 Project Bike as described on the Website and in these Terms of Entry.
Competition Period takes its meaning from clause 3.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Entrant, you, your and other similar terms means the person entering into the Competition.
Excluded Entrants takes its meaning from clause 2.
Gypsy Tales, we, our, us and other similar terms means Gypsy Tales FZ-LLC, RIB-202F, RAK Insurance Building, RAKEZ Business Zone-FZ, RAK, United Arab Emirates.
Immediate Family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.
Methods of Entry takes its meaning from clause 6.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Prize means the TC125 Project Bike, featured on our Website and in our Podcasts with an estimated value of AUD$20,000.
Social Media Channels includes Facebook, Instagram, Spotify, YouTube and Apple Podcasts.
Terms of Entry means these terms and conditions and any document incorporated into them by reference.
Warranties takes its meaning from clause 8.
Website means the website located at https://www.gypsy-tales.com/ and any of its subdomains.