Terms & Conditions

1. Agreement:

These terms and conditions (Terms) together with our Website Terms of Use and our Privacy Policy (available at www.earthswater.com.au; the Website) constitute the agreement between you (You) and Earths Water (the Agreement) in relation to your participation in the ‘Earths Water Lifetime of Filters Competition’ (the Competition). 

a)     By participating in this Competition, You fully and unconditionally agree to and accept these Terms and the decisions of Earths Water.

a)     The Competition aims to allow 16 lucky winning Participants to enjoy the benefits of the prizes listed below.

b)     To become a participant in the Competition (Participant) an eligible person must register their required details on the Earths Water Facebook page. The details required include, but may not be limited to, the prospective Participant’s full name, address, and email address.

c)     False, incorrect or incomplete submission information will deem the entry invalid, making that Participant ineligible to enter the Competition and to win any prizes.

a)     Entry to the Competition is not open to employees (and their immediate family members) of Earths Water, and their associated agencies and companies. “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

b)     Entry to the Competition is only open to Australian & New Zealand customers.

a)     To enter the Competition, Participants must:

1. Provide an entry video as required by Earths Water: (Create a 20-60 second video with your Earths Water product, telling us why you love it!). 
2. Submit the video to us by email love@earthswater.com
3. Be an existing customer (we may need to contact you to verify you are an existing customer).

b)     Multiple entries are allowed per Participant.

c)     Participants must be over the age of 18 years and be existing customers.

d)     Earths Water reserves the right, at any time, to verify the validity of Submissions and Participants (including a Participant’s identity, age and place of residence) and to disqualify any Participant who submits an entry that is not in accordance with these Terms, who tampers with the entry process or interferes with the Competition.

6. Personal Information:

a)     Earths Water collects the personal information of Participants in order to conduct the Competition.

b)     By entering the Competition, You agree to receive further information from Earths Water regarding future promotions, and You agree that Earths Water may use this information for future similar promotional, marketing and publicity purposes, including sending You electronic messages. If You do not wish to receive such information, you can manage your subscription and/or unsubscribe at any time by emailing us at support@earthswater.com.

c)     For more details about your privacy, please refer to Earths Water’s Privacy Policy, which is available at https://earthswater.com.au/blogs/support/privacy-policy.

a)     The Competition Period will be conducted from 14th September 2024 until 11.59pm on 15th October 2024 and may be extended at Earths Water’s discretion (Competition Period).

b)     Entries will be deemed to be received at the time they are recorded as being received and fully registered in Earths Water’s system, not at the time they were sent by the Participant.

8. Prize Details:
a)     The following prizes (Prize) will be awarded to the winner(s) of the Competition:

    I. 1 x lifetime* supply of replacement filters - Valued at $2800

• * Lifetime supply is defined as 20 years of replacement filters sent once per year in packs of 4 filters lasting 3 months each. 
• Winner must contact Earths Water every year to confirm their delivery address before the 4 filters are posted.

b)     All prize values are the recommended retail price in Australian dollars, are inclusive of GST and are correct at the time of printing.

c)     Earths Water accepts no responsibility for any variation in the value of prizes.

d)     Earths Water reserves the right to change any details of the Competition, the Prize, and/or to substitute alternative prizes to an equivalent value if necessary.

e)     The Prize, or any unused portion thereof, is not transferable, exchangeable, refundable or negotiable and cannot be taken as cash.

f)      Costs of collecting the Prize shall be borne by the winner, unless otherwise agreed.

9. Publicity:
a)     In accepting these Terms and the Prize, the winner agrees to participate and co-operate as reasonably required in editorial activities relating to the Competition, including (but not limited to) being interviewed and photographed. The winner grants Earths Water a perpetual and non-exclusive license to use their name, likeness, biographical details, Submission and such footage and photographs in all media worldwide in perpetuity, and the winner will not be entitled to any fee for such use.

b)     The winner agrees that they will not and will ensure that their companions do not sell or otherwise make available their story and/or photographs to any media or other organisation without the prior consent of Earths Water.

10. Ownership of Submissions

a)     In consideration of the opportunity to participate in the Competition and win the Prizes, all Participants hereby assign their rights, title and interest (including copyright) in and to their Submission to Earths Water and/or their nominees and acknowledge that Earths Water and/or their nominees may use, reproduce, modify, adapt, publish and display the Submission for any purpose in any media, in perpetuity, without restriction to use.

b)     In further consideration of the opportunity to participate in the Competition and win the prizes, all Participants waive any moral rights to the extent permitted by law and where not permitted by law, Participants consent to all acts or omissions, including all acts or omissions which, but for this consent, would infringe your moral rights or any similar rights in respect of the Submission in any jurisdiction.

11. Judging of Entries:
a)     Each Participant who has validly entered the Competition over the Competition Period, registered all details in accordance with clause 3, and has complied with these Terms will be entered into judgment for the Competition.

b)     The judging of Participant’s Submissions will take place at Earths Water’s registered office in Melbourne by 1st November 2024 and announced by 7th of November 2024.

12. Notification:
a)     Earths Water will endeavour to notify the Prize winner by phone or email within three (7) days of the draw.

b)     Earths Water will not advise Participants of failure to win the Prize.

c)     Earths Water is not responsible for contacting winners by any other method or for winners not receiving notification (including, but not limited to, a change to, or incorrect supply of personal details).

d)     Where the Prize is:

Forfeited for any reason;
then the Prize will be awarded to the Participant who entered the next best Submission as previously determined by Earths Water judges in accordance with these Terms.

e)     It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by Earths Water in its absolute discretion.

13. Lost Entries, Damage & Costs:
a)     No responsibility is accepted by Earths Water for late, lost or misdirected entries via the internet.

b)     Earths Water and their associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail.

c)     Any costs associated with accessing this Website are the Participant’s responsibility and are dependent on the internet service provider used.

14. Technical Problems:
To the extent permitted by law, Earths Water excludes liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website; or any unauthorised intervention, or any combination thereof – including any injury or damage to any Participant’s or any other person’s computer related to, or resulting from, participation in this Competition or downloading any materials in this Competition. Earths Water accepts no responsibility for entries not received or included for any reason, including due to technical or other failure or for any periods that the website or entry mechanism is unavailable for any reason during the Competition period.

15. Cancellation:
If for any reason this Competition is not capable of running as planned in any respect due to any cause beyond the reasonable control of Earths Water, Earths Water reserves the right, subject to the written directions of any relevant authority, to cancel, postpone or amend the Competition without compensation to any Participant.

16. Disqualification:
a)     Any breach of these Terms disentitles a Participant from participating in the Competition and winning any Prizes.

b)     Earths Water reserves the right in its sole discretion to disqualify any Participant who Earths Water believes has failed to comply with the entry process, breached any of these Terms or any instructions or directions on the Website, or engaged in any unlawful or other improper misconduct (including but not limited to tampering or interfering with the entry mechanism in any way).

c)     Earths Water’s legal rights to recover damages or other compensation from such an offender are reserved.

17. Limitation of Liability:
a)     Earths Water and their associated agencies and companies will not be liable to You, other Participants or third parties for any misadventure, accident, injury, loss or damages (including but not limited to consequential loss) howsoever caused, or for personal injury or death or loss of, or damage to property or claim – except to the extent that liability cannot be excluded by law – that may occur:

• in connection with the Competition or the Prize;
• during the draw;
• whilst undertaking any travel connected with their entry into the draw;
• in the collection of or participation in the Prize (or any other prize);
• as a consequence of late, lost or misdirected mail;
• due to the broadcast of any program relating to the Competition or the publication of any material, including any statements made by any compere, staff member, journalist, other Participants or any other person;
• in relation to failure of the online entry message to be received by Earths Water on account of technical problems or traffic congestion; or
• arising from or related to any problem or technical malfunction of any internet communications network related to or resulting from participation in this Competition.

b)     Earths Water will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Competition if the deficiency is occasioned by any cause outside the reasonable control of Earths Water, including without limitation technical malfunctions or failures.

c)     Earths Water and its affiliates assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries, and reserves the right to take any action that may be available.

d)     Earths Water will not be responsible for (and disclaims any liability relating to) any defects in the Prize.

e)     Earths Water will not be responsible for any tax liability incurred as a result of any Participant winning the Prize. Participants should obtain independent tax and financial advice.

18. Interpretation:
a)     This Agreement will be governed by and construed according to the laws of Victoria and references to times are references to the time in Melbourne, Australia.

b)     Headings are for ease of reference and do not affect interpretation.

c)     The word ‘including’ is not a term of limitation.

19. General:
a)     The brand names, logos and related taglines appearing on this Website, whether or not appearing in large print or with the trademark symbol, are trad marks of Earths Water, or its related bodies corporate.

b)     The use or misuse of these trade marks or any other materials, except as permitted in these Terms, is expressly prohibited.

c)     Earths Water reserves the right to change these Terms at any time.