Social Media Competition September 2019
Terms & Conditions
- This Competition is conducted by DUK Agency Pty Ltd of Suite 106, 330 Wattle Street, Ultimo NSW 2007 (“the Promoter”) on behalf of Cosmetic1.
- Entry into the Competition constitutes acceptance of these Terms & Conditions. All entry instructions and Prize information published by the Promoter form part of these Terms & Conditions.
- This is a competition that involves a game of chance. The Promoter’s decision in relation to all aspects of this Competition is final.
- Subject to Clause 5, the Competition is valid only to individuals who:
- ‘Follow’ the Cosmetic1 account on Instagram or Facebook (https://www.instagram.com/cosmetic1media/) (https://www.facebook.com/cosmetic1media/) (“Promotional Page”);
- Tag 2x friends on a relevant post on Instagram of Facebook;
- Are residents of Australia; and
- Are 18 years of age and over (“Eligible Entrant”).
- The Competition commences at 9:00AM Australian Eastern Daylight Savings Time (“AEDST”) on 31/08/2019 and closes at 3:00PM AEDST on 24/09/19 (“Competition Period”).
- Multiple entries per Eligible Entrant. All entries must be submitted in accordance with these Terms and Conditions.
- If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
- The Promoter may communicate messages to Eligible Entrants via Facebook, where applicable.
- The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age, place of residence or relationship to the Promoter or an existing customer of the Promoter) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The three prizes to be given away are three Fuji Instax Mini 9.
- The Prize, or any unused portion of a Prize, is not transferable or exchangeable and cannot be taken as cash.
- If any Prize (or part of any Prize) is unavailable, the Promoter, in its sole discretion, reserves the right to substitute the Prize (or part of the Prize) with another prize to the equal value and/or specification.
- The Winner of the prizes will be drawn at 3:00pm on 6th of September 2019, 15th of September 2019 and the 24th of September 2019 and notified on the same day in accordance with these terms and conditions.
- Winners will be selected based purely on chance and at the Promoter’s full discretion.
- Winners must be residing in Australia to receive any prize(s).
- It is a condition of accepting a Prize that each Winner must comply with all of the conditions of use of a Prize and any Prize supplier requirements.
- If any Winner cannot be contacted despite reasonable effort made by the Promoter within 7 days from the end date of the Competition Period, their Prize will be deemed unclaimed. The Promoter may award any unclaimed Prizes to an Eligible Entrant who submitted the next best valid entry (as determined by the Promoter).
- The Promoter’s decision is final and no correspondence will be entered into.
- The Winners will be contacted by the Promoter to arrange delivery of their prize.
- If this Competition 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 Competition, as appropriate.
- All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry, which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
- Entrants consent to the Promoter using their name and any component of their Entry in the event they are a Winner in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome).
- 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”). 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 Competition.
- The Promoter assumes no responsibility for: (i) any technical or electrical issues that may arise in connection with the Competition (whether or not under the Promoter’s control); (ii) any incorrect or incomplete information which may be communicated in the course of the administering this Competition; (iii) any entry or Prize claim 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; (iv) any variation in Prize value to that stated in these Terms and Conditions; (v) if the Competition is cancelled, terminated, modified or suspended; and/or (vi) any tax liability incurred by a winner or Eligible Entrant. Individuals should obtain independent tax and financial advice; or (vii) taking of/participating in the Prize.
- The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for Competition, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. Eligible Entrants should direct any request to access, opt-out, update or correct information to the Promoter. All entries become the property of the Promoter.
- These Terms and Conditions are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of that State.
- Subject to state permit authority restrictions, the Promoter may amend these Terms and Conditions in its absolute discretion.
- Authorised under permit number: NSW: LTPM/18/02773.
- Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an Eligible Entrant, as a result of participating in this Competition (including taking/use of a Prize), except for any liability which cannot be excluded by law.