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Terms & Conditions

TERMS OF USE

BY USING THE NEWERACAP.COM.AU WEBSITE ("SITE"), YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE"), IN ADDITION TO ALL APPLICABLE LAWS. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

The Site is owned and operated by New Era Cap Australia Pty Limited (“New Era,” “we”, “us” or "our"). We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Site. The Terms of Use that were current at the time that you made a purchase will continue to apply to you in relation to that purchase.

Ownership of Content, Trademarks and Intellectual Property

New Era owns, controls, or licenses all right, title and interest in and to the Site and all content featured or displayed on the Site, including, but not limited to, text, images, moving images, photographs, illustrations, graphics, visuals, audio, video, copy, software, software code, data, and the look and feel, design and organization of the Site ("Content"), and the compilation of the Content, including but not limited to any copyrights, trademark rights, trade dress rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The Site, its Content and all related rights shall remain the exclusive property of New Era or its licensors or content providers.

Your use of the Site does not grant to you ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may view the Content on the Site on your computer or other Internet compatible device, and make a single copy or print of the Content on the Site for your personal, internal, non-commercial use only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Site. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. For purposes of these terms, the use of any such Content, portion or element on any other website or networked computer environment is prohibited.

All trademarks, service marks and trade names of New Era used on the Site (including, but not limited to the registered marks NEW ERA, 59FIFTY, 49FORTY and 39THIRTY; and New Era's registered Flag logo, visor stickers and tags) are trademarks or registered trademarks of New Era or its affiliates, unless stated otherwise. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express prior written permission of New Era, or the owner of any third party trademark. Your unauthorized use or misuse of the trademarks displayed on the Site is strictly prohibited.

Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Site is strictly prohibited unless you have received the express prior written permission of New Era or the applicable rights holder. We will enforce our intellectual property rights to the fullest extent of the law.

Unsolicited ideas

Information submitted or provided to us through the Site regarding New Era or the Site or New Era's products, including but not limited to submission of ideas for new products, inventions and designs ("Ideas"), shall be deemed to be non-confidential, and New Era shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution.

User Conduct

You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Site; (f) restrict or inhibit any other user from using and enjoying the Site or the Site's services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload, post, transmit, reproduce, distribute or otherwise publish material containing (1) a virus, spyware, or other harmful component; (2) advertising, chain letters or pyramid schemes of any kind; or (3) information which would constitute or which contains false or misleading indications of origin, endorsement or statements of fact.

In addition, you may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.

We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other rules or regulations that we may post in connection with such a service, bulletin board or forum.

You alone are responsible for the content and consequences of any of your activities. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies or applicable law.

You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.

Orders for Products and Services

We may make certain products available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through this Site for commercial purposes.

Among other things, we provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms of Use and the information provided by us in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms of Use. To the extent there is a direct conflict between these Terms of Use and the Specific Terms, the Specific Terms shall prevail.

All prices displayed on the Site are quoted in Australian (AUD) dollars and inclusive of GST, unless otherwise indicated on the Site. We may restrict delivery to addresses within Australia and New Zealand. We will add shipping and handling fees and applicable sales/use tax as necessary. We reserve the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your credit card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense.

Third Party Web Sites

You may be able to link from the Site to third party web sites or from third party web sites to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.

We disclaim any liability for Linked Sites. We do not guarantee or make any representation regarding the standards of or conduct on any Linked Sites nor shall we be held responsible for the contents of Linked Sites, or any subsequent links. For this reason, we do not represent or warrant that the contents of any Linked Site or other third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, NEW ERA MAKES NO WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NEWERACAP.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON, AND PRODUCTS OR SERVICES SOLD OR SUPPLIED VIA, THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY, GUARANTEE, CONDITION OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT, PRODUCTS OR SERVICES IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH, OR AS A RESULT OF, THE SITE. 

LIMITATION OF LIABILITY

YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THIS SITE IS AT YOUR OWN RISK. NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT A CONSUMER'S RIGHTS OR REMEDIES UNDER AUSTRALIAN CONSUMER LAW. SUBJECT TO THOSE LAWS, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED VIA THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT NEW ERA’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

Indemnification

You agree to indemnify, defend, and hold harmless New Era and its subsidiaries, affiliates, officers, directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use or misuse of this Site (including your placement or transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any other person accessing this Site using your computer or Internet account. New Era reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.

Applicable Laws

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Termination

We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend or terminate your access to the Site and/or its services with or without cause.

Governing Law

The Terms of Use and the relationship between you and us shall be governed by the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts located within New South Wales, Australia.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

1.      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4.      Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5.      A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you prefer to contact us via email, please email us at legal@neweracap.com with the word "Copyright" in the subject line.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by regular mail or email to legal@neweracap.com with the phrase "Copyright Counter Notification" in the subject line) that sets forth the items specified below.

1. Identify the specific URLs or other unique identifying information of material that New Era has removed or to which New Era has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Erie County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to the following address:

160 Delaware Avenue

Buffalo, NY 14202

Attn: Legal Department.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.  

How you can contact us

If you have any questions or comments about the Site or any of our services, please write to us at: legal@neweracap.com.

 


30% OFF PROMOTIONAL DISCOUNT (30% off all products on neweracap.com.au)

 WHEN: Begins May 2019

WHO: Completed by Buffalo Legal January 2019

WHERE: Promotion is for neweracap.com.au

Offer not valid on previously purchased merchandise or the purchase of gift cards. Offer valid only from 10:00AM 21 May 2019 until 2:00PM 22 May 2019 and valid only for new purchases made at www.neweracap.com.au. This 30% discount will be applied site-wide to all products at the point of checkout/order completion. This discount cannot be combined with any other offers or discounts. Void where prohibited.

 


NEW ERA CAP “2019 NEW ERA VIP ROOFTOP WATCH PARTY” PROMOTION

TERMS AND CONDITIONS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

COLLECTION NOTICE

New Era Cap Australia Pty Limited collects your personal information (this may include Instagram handle, name, date of birth, address, contact numbers and email) via Instagram when you enter this promotion for the purposes of your entry into the promotion and promotional purposes related to this promotion. 


If we do not collect your personal information in this way, you will not be able to submit a valid entry into the promotion or claim your prize. We may disclose this personal information to third parties, including local lottery authorities, related New Era Australia Pty Limited entities located in the United States for the sole purpose of processing and conducting this promotion and promotional purposes related to this promotion.


Our privacy policy is available at https://www.neweracap.com.au/privacy-policy . You may access, change and/or update your personal information or complain about a breach of the Australian Privacy Principles or a registered privacy code that binds us by contacting the Promoter at privacy@neweracap.com. 

 

TERMS AND CONDITIONS

By taking part in the New Era Cap “2019 New Era VIP Rooftop Watch Party” you accept and agree to be bound by these Terms and Conditions and agree that all decisions of Promoter are final and binding. These Terms and Conditions apply only to the “2019 New Era VIP Rooftop Watch Party” Promotion (the “Promotion”) and not to any other promotions, sweepstakes, or giveaways sponsored by New Era. Subject to all applicable Australian laws and regulations, these Terms and Conditions govern all aspects of the Promotion and are binding on all entrants.


1. PROMOTER: This Promotion is Promoted by New Era Cap Australia Pty Limited (ABN 74 149 705 993), 180 Ferrars Street, South Melbourne, VIC, 3205 (“New Era” or “Promoter”). This Promotion is in no way Promoted, endorsed or administered by, or associated with Instagram.

 

2. PROMOTIONAL PERIOD: The Promotion begins at 00:01 AEST on 28 January 2019 and ends at 23:59 AEST on 1 February 2019 (the “Promotional Period”). 

 

3. PROMOTION ADMINISTRATION: Promoter will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. Promoter's computer will be the official clock of the Promotion. All decisions by Promoter regarding the Promotion shall be final and binding in all respects.

 

4.ELIGIBILITY, RESIDENCY AND AGE FOR PROMOTION:

 

A. The Promotion is open to legal residents of Australia who are registered public users of Instagram.com and eighteen (18) years of age or older at the time of entry.  

 

B. Employees, officers, representatives or agents of Promoter, Instagram, or their respective parent companies, subsidiaries, affiliates, Promotion agencies and production agencies, and such employees’, officers’, representatives’ or agents’ immediate family members (spouse, parents, siblings, children, in-laws, grandparents, grandchildren), are not eligible to enter or win.  This Promotion is subject to all laws and regulations of Australia.  VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW.

 

5.HOW TO ENTER THE PROMOTION:  

 

A. To enter, participants must do the following within the Promotional Period:

(i) have an active and valid Instagram account. If you do not have an Instagram account, visit https://www.instagram.com/ and register in accordance with the enrollment instructions for a free Instagram account;

(ii) visit the New Era Australia Instagram page at https://www.instagram.com/neweraaustralia/;

(iii) follow @NewEraAustralia on Instagram;

(iv) Visit any of these four New Era Australia Retailer’s Instagram pages: Culture Kings @culturekings, Capz @capzmelbourne, US Sports Downunder  @ussportsdownunder, or Stateside Sports @statesidesports.au (“Retailer(s)”);

(v) follow any of the four Retailers on Instagram;

(vi) Locate the original Promotion post (posted by the Retailer on the Instagram page that you followed) captioned “WIN yourself and a mate exclusive passes to the NEW ERA VIP Rooftop watch party on Monday 4th Feb to watch the biggest football game of the year!” ("Promotion Post(s)"); and

(vii) Post a comment to the original Promotion Post on Instagram that includes (i) your preferred party location (“Richmond” (The Sporting Globe Bar and Grill, 288 Bridge Rd, Richmond VIC 3121) or “Chermside” (The Sporting Globe Bar and Grill, Gympie Rd, Chermside QLD 4032)) and (ii) a tag to one (1) Instagram friend whom you would bring as your guest to the VIP Rooftop Watch Party if you were selected as a Promotion Winner (as defined below).  


B. No purchase necessary. Limit one (1) entry per person and per Instagram account. In case of multiple entries received from any person or Instagram account, only the first entry received from such person or Instagram account will be considered.


C. Any other attempted form of entry not specified in these Terms and Conditions is prohibited. 


6. SELECTING THE PROMOTION WINNER:  Upon the conclusion of the Promotional Period, Culture Kings and Capz will each randomly select twenty (20) prize winners, and US Sports Downunder and Stateside Sports will each randomly select ten (10) prize winners, for a total of sixty (60) prize winners (“Promotion Winner(s)”) and each Retailer will notify New Era of the Promotion Winners. The odds of winning depend on the number of entries received during the Promotion Period. The random selections made by the Retailers and New Era are final and binding.  


7. PRIZE: The prize is one (1) double pass (comprised of entry for two (2)) to the VIP section of the New Era Rooftop Watch Party being held on 4 February 2019 at 08:00 AEST at either The Sporting Globe Bar and Grill located at 228 Bridge Rd., Richmond VIC 3121 or The Sporting Globe Bar and Grill located at Gympie Rd., Chermside QLD 4032. (RRP AUD $130). Promoter will endeavor to honor entrants’ party location preferences; however, the final party location assignment for all Promotion Winner(s) and their guests is at Promoter’s discretion.  Promotion Winner is responsible for any and all other expenses related to their acceptance of any prize, including, but not limited to, travel expenses. Taxes (excluding GST) associated with the receipt or use of the prize are the sole responsibility of the Promotion Winner.          


8. NOTIFICATION OF PROMOTION WINNER:  The Promotion Winner will be notified by a New Era representative via direct message on Instagram after the Promotion Period and by 23:59 AEST on 2 February 2019. 


9. HOW TO CLAIM THE PROMOTION PRIZE

 

A. To claim his/her prize, the Promotion Winner must confirm their acceptance of the prize by replying to the New Era representative’s direct message on Instagram by 23:59 AEST on 3 February 2019 with their and their guest’s full name, date of birth, delivery address and contact phone number and email address and any additional information requested by New Era after being notified via Instagram in order to accept the prize. Individuals who fail to provide this information will be disqualified. Promotion Winner must identify their guest to New Era at the time the prize is claimed. 

 

B. Promotion Winner(s) full name and the name of Promotion Winner(s) guest will be put on the door list at the applicable viewing party location, and this shall serve as the ticket for entry to the party.  Both Promotion Winner and guest must be 18 years of age or older, legal residents of Australia, and have proper identification to claim prizes at the door and gain entry.

 

C. In the event a Promotion Winner does not accept the prize, fails to comply with these Terms and Conditions, or if a Promotion Winner cannot be reached, the winner will be disqualified and the prize will be forfeited. Upon prize forfeiture, no compensation will be given and an alternate winner may be chosen in New Era’s sole discretion.  


10. PRIZE CONDITIONS: 


A. Unless provided otherwise by Promoter in its sole discretion, the prize is non-transferable; the prize cannot be substituted for another prize; the prize cannot be sold; and the prize cannot be redeemed for cash from Promoter. 


If any prize or any element of a prize becomes unavailable or is otherwise unable to be provided, the Promoter may substitute a prize or element of a prize of equal or greater value at the Promoter’s sole discretion, subject to any written directions from the relevant authorities. Winners will not be entitled to any additional compensation in the event that the prize or element of a prize has been substituted at equal or greater value. Failure by any Promotion Winner to sign any requested documents or failure by any Promotion Winner to comply with any terms in these Terms and Conditions, may disqualify the Promotion Winner in New Era’s sole discretion and Promotion Winner may forfeit his or her interest in the applicable prize.


B. Before the prize is awarded: 

(i) the winner entrant will be required to privately (through email, or other secure, private means) provide his/her and his/her guest’s name, address, age and other personal information necessary to receive the prize, and 

(ii) the winning entrant and guest may be required to sign an agreement to release the Promoter from, and indemnify the Promoter against any, loss , damage or injury arising from the use of the prize, except to the extent any loss, damage or injury is due to the negligence or willful misconduct of the Promoter and otherwise cannot be excluded by law;

(iii) the winning entrant and guest may be required to sign a Publicity Release where permitted by law and/or other documents as required by Promoter. 


11. In the event of dispute as to the identity or eligibility of any potential winner based on an Instagram account, the winning entry will be declared made by the "Authorized Account Holder" of the Instagram account that submitted the entry at the time of entry provided he/she is eligible according to these Terms and Conditions. The "Authorized Account Holder" of an Instagram account is defined as the natural person assigned to an Instagram account by Instagram.com.


12. PERSONAL INFORMATION

 

 A. Any personal property rights in entries are owned by the Promoter.  Participants' personal information submitted in connection with the Promotion will be retained by Promoter in order to conduct the Promotion as noted in the Collection Notice at the start of these Terms and Conditions.  Details from entries will be collected and used for the purposes of conducting this competition (which may include disclosure to third parties for the purpose of processing and conducting the competition) and for promotional purposes relating to New Era's business and/or this competition.  By entering this competition entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant.  Entrants may access, change and/or update their personal information and obtain a copy of the Promoter’s privacy policy by contacting the Promoter on privacy@neweracap.com.

 

B. Entrants also consent to the Promoter using their name, image, entry and/or voice in the event they are a winner for the purposes of promoting this Promotion and/or promoting any products manufactured, distributed and/or supplied by the Promoter in any media for an unlimited period of time, in each case without any further reference or recourse to, and without payment or other compensation to or approval from the Promotion Winner. 


13. PUBLICATION AND LICENSE

 

A. By entering the Promotion and submitting an entry, each entrant: 

(i) agrees that (except for material owned by Promoter or its third-party licensors) his/her entry is an original work of authorship and that he/she owns all right, title and interest in and to the entry as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the entry to submit it for possible use as provided herein; 

(ii) agrees that his/her entry does not violate the www.instagram.com Terms of Use or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and 

(iii) grants to Promoter and each of its designees (except for material owned by Promoter or its third-party licensors) the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from his/her entry throughout the world and in perpetuity, including, but not limited to, the right for Promoter to publish, display, broadcast, distribute, reproduce, perform, and otherwise use and exploit the entry via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to or prior approval of the participant or his/her heirs and successors, 

(A) on its own or as part of any audiovisual or other production; 

(B) for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or

(C) for any other purpose whatsoever, including, without limitation, manufacture of headwear.  Nothing herein will obligate Promoter to make any use of any of the rights set forth herein.

(iv) to the extent permitted by law, unconditionally and irrevocably consents to any act or omission that would otherwise infringe any moral rights in their entry.


B. Winner/s agree to sign any further documentation required by the Promoter to give effect to this arrangement as a precondition to being awarded their prize.


14. LIABILITY DISCLAIMER

 

A. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).

 

B. The Prize is subject to the terms and conditions of third party prize suppliers ("Third Party Prize Suppliers"). The Promoter is not responsible or liable for any loss, damage or injury suffered by the winner or their guests as a result of the conduct of any Third Party Prize Suppliers or otherwise as a result of the winner and their guests accepting and/or using a prize, except for any loss, damage or injury is due to the negligence or willful misconduct of the Promoter or which otherwise cannot be excluded by law, including the Non-Excludable Guarantees.

 

C. In participating in this competition entrants are providing information to the Promoter and not to Instagram. Each entrant acknowledges that this competition is in no way sponsored, endorsed or administered by, or associated with Instagram, and to the extent permitted by law, releases Instagram from any and all liability in relation to this competition. Any queries, comments or complaints about this competition must be directed to the Promoter and not Instagram.


15. ALL POSTS MUST COMPLY WITH THE RESTRICTIONS AND REQUIREMENTS LISTED BELOW. Entrants warrant and agree that each entry: 


A. will respect Promoter’s brand image and will not reference any competitors of Promoter;


B. the entry has been personally created by them and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;


C. will not contain any identifiable commercial product brands or descriptions of such brands other than New Era product; 

 

D. will not contain the name, likeness or image of any celebrity;


E. will not contain any phone numbers, website links, street addresses, e-mail addresses, license plate numbers, area codes, zip codes, or airport codes;


F. will not contain any obscenities, profanities, vulgar language, lewd behavior, or offensive, obscene, or inappropriate content for a general audience;

 

G. will not contain any nudity or any sexually explicit references, pornography, or adult-oriented content;

 

H. will not contain any references to violence;


I. will not contain any references to an illegal act or an unsafe action, or material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state/territory/province where the entry is created;


J. will not contain any gang references;


K. will not contain any derogatory, disparaging, libelous content about Promoter, Promoter’s competitors, or any entity or person;


L. will not contain any discriminatory references whether based on race, religion, national origin, physical disability, age, sex, sexual orientation or preference, or otherwise;


M. will not contain any references to any weapons;


N. will not display any other element that does not comply with the theme and spirit of the Promotion; and


O. must be in accordance with Instagram terms (https://help.instagram.com/478745558852511).


16. Entries which do not comply with Clause 15 will be disqualified and any related entry removed from the Promoter's New Era Australia Instagram page. 


17. The Promoter may, in its sole discretion, determine whether any entry will be posted or remain posted on its websites and social media channels (including Instagram).  The Promoter reserves the right to vet or remove entries at any time, without prior notice and in its sole discretion (including if properly notified that such entry infringes any third party intellectual property rights).  Notwithstanding any decision by the Promoter to post any entry on its websites and social media channels, the terms and warranties set out in these Terms & Conditions continue to apply.


18. Any false information provided within the context of the Promotion by any entrant concerning identity, age, eligibility, mailing address, telephone number, email address, ownership of right, or non-compliance with these Terms and Conditions or the like may result in the immediate elimination of the entrant from the Promotion. 



19. To the extent permitted by law, the Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury in connection with the conduct of the promotion whether as a result of: 


A. technical or telecommunications problems, including security breaches, technical website malfunctions or glitches; or


B. acts or omissions (including negligent acts or omissions) of the Promoter's servants or agents involved in the conduct of this promotion.  


In the event of such problems or conduct, the Promoter may modify, cancel, terminate or suspend the promotion to the extent permitted by Australian law.


20. Promoter reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion.


© 2019 NEW ERA CAP Australia Pty Limited