FORCITE COMPETITION

TERMS AND CONDITIONS

Introduction

  1. Information on how to enter this promotion and the prizes to be won forms part of these Terms and Conditions. By participating, entrants (“you“) agree to be bound by these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.
  2. Entry is only open to residents of Australia who are aged 18 years or over.
  3. Employees (including contractor staff) of the Promoter and their Immediate Families, and any of the Promoter’s agencies, suppliers or contractors associated with this promotion and their Immediate Families, are ineligible to enter. (“Immediate Family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.)
  4. The Promoter reserves the right, in its sole discretion, but shall not be under any obligation, to verify the validity of any Entry or any information provided by an entrant (including their age, identity, residential address and any other information relevant to entry into, or participation in, this promotion).  If the Promoter, in its sole discretion, carries out any verification, its decision shall be final and you agree not to make any claim or complaint in relation to the same. The Promoter may, in its sole discretion, disqualify any individual who submits an Entry that in the sole opinion of the Promoter is not in accordance with these Terms and Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion. Entrants agree and acknowledge that the Promoter shall not be obliged to explain or disclose its reasons for disqualification, and that all disqualification decisions made by the Promoter shall be final and not subject to challenge or inquiry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation are expressly and generally reserved.
  5. This promotion commences at 00:01am on 20 July 2019 and final entries close at the earlier of:
    1. 9:00am on 29 November 2019; or
    2. the time when all stock of the Forcite Helmet Packs (defined in paragraph 7(a) below) is sold out

Promotional Period

(“Promotional Period“). All times are AEST.

  1. Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by the entrant.  The Promoter accepts no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.

How to Enter

  1. To participate in the promotion and submit an “Entry“, the entrant must:
    1. purchase one (1) Forcite Helmet Systems Founders’ Edition Helmet Pack (“Forcite Helmet Pack“), of which only a limited stock of 1,000 will be produced , from forcitehelmets.com or any of the Promoter’s Launch Tour Demo Events; and
    2. provide their name, contact number and email address upon purchase.
  2. An entrant who purchases the Forcite Helmet Pack and provides their name, contact number and email address upon purchase will automatically submit an Entry and go into the draw to win the Prize
  3. Multiple Entries are permitted per person. Each Forcite Helmet Pack purchased in accordance with paragraphs 7 and 8 above grants one (1) Entry into the draw.
  4. Incomplete, indecipherable, or illegible Entries will be deemed invalid.

Prize and Draw

  1. There will be one (1) prize to be won in Australia during the Promotional Period (the “Prize“).
  2. The Prize includes:
    1. a 2019 MV Agusta Brutale 800 RR motorcycle, valued at AUD$23,490 (“Motorcycle“); and
    2. an SC Project S1 muffler (for race use only) (“Exhaust“), valued at AUD$2,730. The Exhaust will not be fitted to the Motorcycle.
  3. The total value of the Prize is AU$26,220.
  4. On-road costs are not included with the Prize, and are the sole responsibility of the winner.
  5. Fitting the Exhaust onto the Motorcycle is the sole responsibility of the winner, and at winner’s cost.
  6. Any costs associated with entering this promotion or claiming the Prize, is the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).
  7. If the Prize (or part of the Prize) is unavailable, the Promoter reserves the full right to substitute the Prize with an alternative prize of equal or greater value and/or specification, subject to any written directions from a regulatory authority.
  8. The Prize draw will take place at 6:00pm on 6 December 2019 (the “Draw Date“) at 2/63 Dixon Street, Haymarket NSW 2000 Australia.
  9. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  10. On the Draw Date, the winner will be randomly drawn from all entries received during the Promotional Period. The first valid entry drawn will win the Prize.
  11. The Promoter’s decision is final and no correspondence will be entered into. The judges may select additional reserve Entries, in case of an invalid Entry or ineligible entrant.
  12. The Prize draw will be live streamed on the Promoter’s Facebook page, which can be found at https://www.facebook.com/forcitehelmetsystems (“Promoter’s Facebook Page“), and the winner will be announced on the Promoter’s Facebook Page and Instagram pages (available at https://www.instagram.com/forcitehelmets/?hl=en  (“Promoter’s Instagram Page“)), within 30 days of the Draw Date and will remain published for a minimum of 28 days.
  13. The winner of the Prize will also be notified by text message within two (2) business days of the Draw Date, using the contact number provided on Entry. The winner must contact the Promoter within five (5) calendar days of the day that the notification was issued by the Promoter, and follow the instructions set out in the notification. The winner must confirm whether they accept the Prize within two (2) business days of being notified that they are a winner, or else they will be taken to have forfeited their right to the Prize.
  14. The Promoter will make all reasonable attempts to identify and contact the winner.
  15. In the event that the Prize winner is a Northern Territory resident and cannot be identified or contacted by 9:00am on 4 March 2020, despite all reasonable attempts to do so by the Promoter, or a Prize is unclaimed by that time for any other reason whatsoever (including because a winner has forfeited his or her right to a Prize, a winner or the winning entry does not comply with these Terms and Conditions, or otherwise), the Promoter will conduct a second chance draw on 4 March 2020 (“Northern Territory Second Draw Date“), at the same time and location as the first draw in order to determine a second chance winner for the Prize in the same manner as the original prize draw (subject to any written directions from a regulatory authority.
  16. In the event that the Prize winner (except for a Northern Territory Prize winner) cannot be identified or contacted by 9:00am on 5 March 2020, despite all reasonable attempts to do so by the Promoter, or a Prize is unclaimed by that time for any other reason whatsoever (including because a winner has forfeited his or her right to a Prize, a winner or the winning entry does not comply with these Terms and Conditions, or otherwise), the Promoter will conduct a second chance draw on 5 March 2020 (“Second Draw Date“), at the same time and location as the first draw in order to determine a second chance winner for the Prize in the same manner as the original prize draw (subject to any written directions from a regulatory authority).
  17. Any second chance winner will be notified by text message within two (2) business days from the Second Draw Date or Northern Territory Second Draw Date, as relevant. Second chance winners must contact the Promoter within five (5) calendar days of the day that the notification was issued by the Promoter, and follow the instructions set out in the notification. The second chance winner must confirm whether they accept the Prize within two (2) business days of being notified that they are a second chance winner, or else they will be taken to have forfeited their right to the Prize.
  18. The second chance winner’s name will be published on the Promoter’s Facebook Page and the Promoter’s Instagram Page within 30 days of the Second Draw Date or Northern Territory Second Draw Date, as relevant, and will remain published for a minimum of 28 days.
  19. The Promoter will make all reasonable attempts to identify and contact the second chance winner.
  20. In the event that the second chance prize winner cannot be identified or contacted by 9:00am on 3 April 2020 (if the winner if is a Northern Territory resident) or 4 April 2020 (if the winner is not a Northern Territory resident) despite all reasonable attempts to do so by the Promoter, or the Prize (or part of the Prize) is unclaimed by that time for any other reason whatsoever (including because the second chance winner has forfeited his or her right to the Prize, the second chance winner or the second chance winning entry does not comply with these Terms and Conditions, or otherwise), the Promoter may dispose of the Prize (or that part of the Prize) as it sees fit (subject to any written directions from a regulatory authority).
  21. The Prize, or any unused portion of a Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. All taxes that may be payable as a consequence of receiving a Prize are the sole responsibility of the winner.
  22. As a condition of accepting the Prize, the winner may be required to sign legal documentation in the form required by the Promoter and/or prize suppliers, including but not limited to a legal release and indemnity form.

General

  1. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  2. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  3. 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 2010 (Cth), 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“). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 promotion.
  4. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference;
    3. any Entry or Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    4. any variation in prize value to that stated in these Terms and Conditions;
    5. any tax liability incurred by a winner or entrant; or
    6. use/redemption of a Prize.
  5. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the control of the Promoter which affect the proper conduct or administration of this promotion, or prevent the awarding of a Prize in accordance with these Terms and Conditions.  If such event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.
  6. As a condition of participating in the promotion, all entrants (whether or not a winner) will indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion and its affiliates against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoter and its affiliates may incur arising out of their participation in the Promotion or (if applicable) the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal act or omission in the promotion and/or course of participating in the Prize, howsoever caused.
  7. The Promoter collects personal information (“PI“) in order to conduct its business and the promotion 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 Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://forcitehelmets.com/website-terms-conditions . In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian privacy laws or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  8. The laws of New South Wales, Australia apply to this promotion to the exclusion of any other law.  Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
  9. The promoter is Forcite Helmet Systems Pty Ltd (ABN 79 165 647 183) of 2/63 Dixon Street, Haymarket, NSW 2000, telephone +61452548834 (“Promoter“).

NSW Permit No. LTPS/19/36087
ACT Permit No. ACT TP 19/03726.1
SA Permit No. T19/1127

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from forcitehelmets.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK – www.facebook.com/settings/?tab=ads
GOOGLE – www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada, the United States and Australia.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS
The Site is not intended for individuals under the age of 18.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by our contact form or by mail using the details provided below:

Attn: Forcite Helmet Systems
2/63 Dixon St, Haymarket, NSW, 2000, Australia

Returns Policy

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us using the contact form.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email using the contact form and send your item to:

Attn: Forcite Helmet Systems
2/63 Dixon St, Haymarket, NSW, 2000, Australia

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to:

Attn: Forcite Helmet Systems
2/63 Dixon St, Haymarket, NSW, 2000, Australia

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.