Competition Terms and Conditions

Competition Schedule

PART A

1. Competition Name: 2024 Rolex Datejust 41 Chocolate Dial
2. Promoter: Flex Club Pty Ltd ACN 669 890 242, ABN 37 669 890 242 (Promoter) of Suite 2337, Shop 1, 55 Railway Terrace, Milton, QLD, 4064 (Head Office) Contact details available at: www.grailflex.com
3. Entry Requirements: Entrants must be at least 18 years of age, and must purchase a membership package via the Promoter's website located at www.grailflex.com (Website), which gives the purchaser access to special discounts and invitations to VIP events (Membership Package). Entrants may choose between AUD or any other currency made available on the Website for the purpose of paying the Membership Package, and agree to pay any applicable conversion or bank fees. Entrants outside of Australia recognize their responsibility to adhere to the applicable local laws and regulations in their respective territories (International Laws) and the Promoter is not liable for any failure by the Entrant to adhere to International Laws. The Entrant will receive a number of entries in the Competition as set out on the Membership Packages page, depending on the Membership Package purchased.
4. Maximum Entrants: 1200.
5. Maximum entries: The maximum number of entries per Entrant depends on the Membership Package purchased, and will not exceed 32,000 in any circumstance.
6. Multipliers: The Promoter reserves the right to introduce mechanisms which multiply the amount of entries within a Membership Package (Multiplier) at any time throughout the promotional period, without prior notice to Entrants. For example, the Promoter may introduce a Multiplier which doubles the amount of entries which an Entrant receives in their Membership Package. For the avoidance of doubt:
   1. introduction of a Multiplier will not alter the purchase price of the Membership Package; and
   2. the maximum number of entries per clause 5 above remains at 32,000, whether or not a Multiplier applies.
7. Number of Winner: There will be a maximum number of 1 Winner.
8. Territories: Australia-wide, excluding South Australia
9. Promotion Period: Competition commences 9:00pm, 24 April 2024 and ends at 6:00pm on 8 May 2024.
10. PrizesOne (1) 2024 Rolex Datejust 41 Chocolate Dial (Ref 126331). For the purposes of this Competition, the total prize pool is estimated to be no more than $29,000. The Prize must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner.
11. Prize date and selection of Winner: Entries will be drawn online at 7:00pm on 8 May 2024 using a random electronic number generator at www.randomdraws.com.au, on a device accessed at Head Office.
12. Publication of Winner: The Winner will be personally notified by email within 7 days of the draw. The Winner will also be announced online at www.grailflex.com within 7 days of the draw.
13. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain correct and accurate information. Employees of the Promoter and family members of employees of the Promoter are not eligible to win.
14. Prize Delivery: Prize Delivery: Prizes will be delivered to the Winner to their nominated address or email address (at the Promoter’s discretion) within five (5) business days of confirmation of the Winner’s eligibility. If the Prize contains a cash prize, it will be delivered to the Winner by bank transfer to their nominated bank account. The Promoter will cover the cost of delivering the Prize to the Winner's designated address, up to a maximum value of $400. The Winner is solely responsible for any additional costs associated with receiving the Prize, including but not limited to taxes, transfer duties, or other expenses. Should the Winner elect to collect the Prize in person, the Promoter will reimburse travel expenses incurred by the Winner, up to a maximum of $400.

PART B

1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and the Promoter governing this Competition.

Participation

2. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and the Promoter governing this Competition.
3. Entry is open to residents of the Territories, excluding South Australia.
4. The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.

Selection of Winner

5. The Winner will be selected by random draw, on the date and at the location outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
6. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
7. If for any reason, a prize or element of a prize is unclaimed by the Winner within three (3) months of the drawing date despite reasonable steps by the Promoter to contact the Winner, the prize will be re-drawn at 2:00pm AEST the following Friday, in the same manner and at Head Office or in accordance with requirements of the NSW Office of Gaming, Liquor and Racing.
8. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the Promoter will not be in any way liable to an Entrant, should the Entrant be found to be ineligible to win the Competition.

Prizes

9. Prizes are provided on an "as is" basis and the Promoter will not make any modifications to the Prizes at the Winner's request.
10. The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.
11. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize and it will not be re-drawn.
12. The Promoter will not be liable for re-drawing or providing a replacement prize for any Prizes that are not received by the Winner due to being lost in transit, stolen or due to any failure to accept delivery by the Winner or due to any error in details provided by the Winner.
13. The Prizes may contain goods or services from 3rd party brands. Unless otherwise specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content, policies, practices or services offered by those parties.
14. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a condition of entry, the Winner agrees that its details may be provided to the 3rd party prize supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.

Personal information

15. As a condition of entering this Competition, Entrants agree to provide personal information to the Promoter. Personal information collected during the course of this Competition will be dealt with in accordance with the Promoter’s Privacy Policy, located at www.grailflex.com.Personal information submitted may be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers. The Promoter may also use this personal information to contact you regarding, marketing, offers or Promotions from time to time.
16. The Winner agrees to send a photo of themselves with the prize to the Promoter within seven (7) days of receiving the prize (Winner Photo).
17. As a condition of entry, each Entrant agrees that the Promoter may use their name (either in full or in part), likeness, voice and image (including the Winner Photo, and any other photo or video) in any marketing and promotion related to the Promoter or its business, for an unlimited period of time and the Winner will not be entitled to any fee for such use.

Intellectual property

18. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
19. The Entrant warrants and represents that:
    1. it holds all the intellectual property rights to the Entrant Content;
    2. it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
    3. the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.
20. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.

Reservation of rights

21. The Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
22. The Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition.
23. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
    1. breached any of these terms and conditions;
    2. tampered with the entry process or the Competition;
    3. engagedinanyunlawfulconduct;
    4. engagedinanyotherimpropermisconductcalculatedtojeopardisethefairandproper conduct of the Competition or the reputation of the Promoter.

Instagram terms

24. The Competition is in no way sponsored, endorsed or administered by, or associated with www.instagram.com and its related mobile application, both being owned by Instagram, Inc. (Instagram).
25. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising out of or in connection with the Competition.
26. The Entrant must not:
    1. harass or bully any other person, use offensive language, use language that defames the Promoter, or use language that negatively impacts or intends to negatively impact the reputation of the Promoter;
    2. use electronic programs, bots or similar technology to automatically submit entries;
    3. use multiple Instagram accounts to enter the Competition; or
    4. tag other accounts owned or controlled by the Entrant to enter the Competition and agrees that it will only tag genuine friends or family in their entry,
    and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition.

Exclusion of liability

27. The Promoter will not be liable for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, the Promoter will not accept any liability for any error, omission or failure to administer this Competition.
28. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify and hold harmless the Promoter (including its officers, employees, agents and contractors), from and against, all liability (including negligence), actions, claims, costs, losses or expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and participation in the Competition, including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
29. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and contractors) excludes 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 the Competition, including, but not limited to, where arising out of the following:
    1. inaccurate or incorrect transcription of entry information;
    2. any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control);
    3. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
    4. any theft, unauthorised access or third party interference;
    5. electronic or human error which may occur in the administration of the Competition;
    6. any variation in prize value as stated in the Schedule;
    7. any tax liability incurred by a Winner or Entrant;
    8. redemption or use of a prize; and
    9. any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner.
30. To the maximum extent permitted by law, the Promoter's total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.

General

31. These terms and conditions are governed by and will be construed under the laws of Queensland and the parties agree to submit to the exclusive jurisdiction of the courts of Queensland and its appellate courts.
32. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
33. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.
34. Authorised under the following licence numbers: NSW Authority Number: TP/02928. NSW Notification Number: NTP/09519. ACT Permit Number: TP 24/00823.