Giveaway & Competition Terms and Conditions

Winter Giveaway

Promotion Period

Who Can Enter

How To Enter

1. The entrant must have purchased the XTM Gear from The Urban Gear between the specified competition dates;
2. Post-purchase email must be filled out to qualify, purchase does not automatically qualify entrant for the draw:
3. The product must not be returned or exchanged for any other brand to qualify for the draw;
4. The winner will forfeit returning or exchanging XTM Gear once the prize is sent.

Prize Details

Prize Selection Method

Initial Prize Selection

Unclaimed Prize Selection

The Promoter

1. By entering this competition, and by attempting to do so, each entrant agrees to be bound by these Terms and Conditions, and expressly gives the consents referred to in these Terms and Conditions. Any person who attempts to enter this competition shall be referred to in these Terms and Conditions as an “entrant”, irrespective of whether any competition entry is accepted by the Promoter.

2. The above information forms part of these Terms and Conditions and contains details concerning when who, and how to enter; the time, place & method of prize selection; prize details; and who the promoter is and any permit details. Products required to be purchased for entry (if any) will not always be available in the online store and any rainchecks, previous purchases or payments will not be counted for entry purposes.

3. The Promoter and its management, employees and contractors of the Promoter and the immediate families of such employees are ineligible to win any prize.

4. The Promoter’s decisions in relation to any aspect of this competition (including in relation to prize selections) are final and binding on each person who enters and no correspondence will be entered into.

5. The winner/s will be notified via email on the day of the relevant prize selection. The name of the winner will be published on the Promoter’s website and may be published on the Promoter’s social media channels.

6. Entrants agree that the Promotor may for an unlimited time, without restriction or limitation throughout the world, publish, broadcast and/or communicate to the public the entrant’s name and suburb/state of residence including, but not limited to, being published on the Promoter’s website, social media pages, and in marketing material.

7. The prize/s cannot be exchanged for any other prize, and except in the case of cash prizes, cannot be exchanged or redeemed for cash. Prize/s are not transferable, changeable or exchangeable.  Any images associated with the prize/s are for promotional purposes only.  Prizes comprising gift cards/vouchers are subject to any terms and conditions related to those gift cards/vouchers and might have an expiry date or redemption conditions such as a requirement that the entire voucher must be redeemed in one transaction or the remaining sum will be forfeited.

8. Any change in value occurring between the publishing date and the date the prize is redeemed is not the responsibility of the Promoter. Suppose a prize or any element of a prize is unavailable for any reason. In that case, the Promoter, at all times acting reasonably, reserves the right to substitute that prize or element with another item of equal or higher value as determined by the Promoter (acting reasonably), subject to the approval of any relevant authority if required.

9. The Promoter reserves the right to verify the validity of entries (including an entrant’s identity, age and place of residence) and to disqualify any eligible entrant (and to prohibit that entrant from resubmitting an entry into the competition) where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted otherwise than in accordance with the Terms and Conditions. The Promoter may also disqualify any entrant who acts in a disruptive manner or who acts with intent or effect of annoying, abusing, threatening or harassing any other person or who behaves in a manner that may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, or who engages in conduct which is contrary to law or is otherwise inappropriate.

10. If for any reason (including due to tampering or interference) this competition is not capable of running as planned, the Promoter, at all times acting reasonably, reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition or suspend or modify a prize.

11. The Promoter accepts no responsibility for any lost, late, misdirected entries, illegible entries (including lost, stolen, forged, defaced or damaged entries) or entries deemed ineligible due to incorrect entrant information. The Promoter will not accept entries that are incomplete, illegible, or which are generated by computers or other automated means.

12. The Promoter assumes no responsibility for any error, omission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries. The Promoter is not responsible for any problems or technical malfunction of any equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation or downloading any materials in this competition.

13. The Promoter will take all necessary steps to ensure that entries are properly recorded and stored, but will accept no liability if an entry is not recorded or is lost. 

14. The Promoter will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or personal injury suffered or sustained arising from or in connection with the competition, any omission to enter a person into the competition, acceptance of the prize or the prize itself, except for liability which cannot be excluded by law. The winner releases the Promoter, its related bodies corporate, affiliates, officers, agents, employees and suppliers (the “Released Parties”) from all liability, loss and damage of any kind arising out of or in connection with the acceptance of, and participation in, any prize. Without limiting the foregoing, the Released Parties will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).

15. The Promoter is not liable for any tax implications arising from any prize winnings. Independent financial advice should be sought by the prize winner if necessary. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length goods and services exchanged are of equal GST inclusive market values.

16. The competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Entrants are providing their information to the Promoter and not to Facebook or Instagram. Each entrant agrees to completely release Facebook and Instagram from any and all liability in connection with this competition. Any questions, comments or complaints about this competition must be directed to the Promoter and not to Facebook or Instagram.

17. The Promoter collects and uses personal information ("PI") in order to conduct the competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to any applicable regulatory authorities. By entering this competition and providing your PI, you agree to such disclosure. Although you may choose not to provide certain information, please be aware that this may affect your eligibility to win the competition. The Promoter will use and handle PI as set out in its Privacy Policy, which can be viewed at The Urban Gear Privacy Policy which contains information about how entrants may opt-out, access, update or correct their PI, how entrants may complain about a breach of the applicable Privacy Principles or any other applicable law and how those complaints will be dealt with.

18. All PI will be held at the office of the Promoter, in respect of which reasonable security arrangements are in place to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.

19. In addition to any use that may be outlined in the Promoter’s Privacy Policy, each entrant consents to the Promoter, for an indefinite period, unless otherwise advised in writing by the entrant, using the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages. Entrants can request not to receive information about future promotions by unsubscribing from email communications. The Promoter may continue to provide entrants with information for an indefinite period unless and until advised otherwise by the entrant.