Terms and Conditions of Maxwell & Williams: “Pick Your Favourite” Competition September 2016 – February 2017
PICK YOUR FAVOURITE
Win $500 worth of Maxwell & Williams
Pick your favourite range from the Maxwell & Williams Spring Summer 2016/17 Collection and in 15 words or less tell us why it is your favourite for your chance to win 1 of 5 Maxwell & Williams Product Prize packages of your choice worth $500 (RRP). 1 winner every month from October 2016-February 2017.
Promoter: H.A.G. Import Corporation (Australia) Pty Ltd. (ABN 99 197 250 028) of 11-27 Millers Road, Brooklyn VIC 3012.
OPEN & CLOSE DATES & TIMES
1.The promotion commences at 12:01am (AEST) Thursday 15th September 2016 and closes 11:59pm (AEST) Tuesday 28th February 2017 ("Promotional Period
2. The Promotional Period will be divided into five (5) promotional stages, commencing and closing on the dates and times (AEST/AEDT depending on the date) set out below, for the purpose of determining winners and awarding prizes in this promotion (each, a “Promotional Stage
”). Each Promotional Stage will have its own judging at 11-27 Millers Rd, Brooklyn 3012, Victoria by the date set out below. All eligible entries received during a Promotional Stage will be judged by a panel of appropriately qualified judges on the basis of originality and creative merit to determine the winner for that Promotional Stage. This is a game of skill and chance plays no part in determining the winners. Entries for each Promotional Stage must be received by the Promoter during the Promotional Stage to be eligible for the corresponding judging. Entries received in a given Promotional Stage are only eligible for the corresponding judging and will NOT
rollover into any subsequent judging(s). The winners will be notified by telephone and/or in writing via email within 48 hours of each judging, to the phone number and/or email account submitted with their Entry. All reasonable steps to notify winners of the results of the judgings will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into. Promotional Stages and judgings will be held as follows:
||12:01AM on 15/09/2016
||11:59PM on 31/10/2016
||12:00PM on 07/11/2016
||12:01AM on 01/11/2016
||11:59PM on 30/11/2016
||12:00PM on 07/12/2016
||12:01AM on 01/12/2016
||11:59PM on 31/12/2016
||12:00PM on 07/01/2017
||12:01AM on 01/01/2017
||11:59PM on 31/01/2017
||12:00PM on 07/02/2017
||12:01AM on 01/02/2017
||11:59PM on 28/02/2017
||12:00PM on 07/03/2017
3. Information on how to enter, mechanics of entry & prizes form part of these Terms & Conditions. Any entry not complying with these Terms & Conditions is invalid. Entry into the Promotion is deemed to be an acceptance of these Terms & Conditions. Each Entrant is only allowed one (1) Entry per email address per Promotional Stage and this Entry must comply with these Terms & Conditions.
4.Entry is open to residents of Australia who are 18 years of age or over (“Entrants”). Directors, management and employees of the Promoter and its related companies are not eligible to enter this promotion.
5. By entering the promotion, Entrants acknowledge that their entry may be used to promote the promotion and Promoter and may be featured on the Promoter and the Maxwell & Williams brand’s Facebook and Instagram pages and the Promotional Website for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Full terms and conditions of Instagram can be found here: http://instagram.com/about/legal/terms/ and full terms and conditions of Facebook can be found here: http://www.facebook.com/terms.php.
6. This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and/or Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments, or complaints about this promotion must be directed to the Promoter and not to Instagram or Facebook.
HOW TO ENTER
7. To enter, Entrants must, during the Promotional Period:
a. log on to the Maxwell & Williams website at https://www.maxwellandwilliams.com.au/competition
b. follow the prompts to sign up to the eNewsletter in the manner required;
c. follow the prompts in the manner required to submit their response as required to the following question:
In 15 words or less, tell us which range in the Maxwell & Williams 2016/17 Spring Summer Collection is your favourite and why and you could WIN one of five $500 (RRP) Maxwell & Williams product packages of your choice;
(together, an Entry
8. Once an Entry has been accepted by the Promoter as a valid Entry, the Entry may be featured on the Promotional Website and Promoter’s Facebook and Instagram profiles and will be subject to a judging process. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
9. Without limiting any of the provisions of these Terms & Conditions, the Promoter requires that each Entry fully complies with these Terms & Conditions and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (excluding the Promoter where required for entry into the promotion), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion.
10. An Entrant may, during a Promotional Stage, be requested by the Promoter to resubmit their Entry in the manner required if the Promoter considers the content submitted by the Entrant to be ineligible to be accepted as an eligible Entry (“Resubmitted Entry”). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as an eligible Entry, is in the Promoter's sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as an eligible Entry, the Resubmitted Entry will be deemed to be an Entry for the Entrant. If a Resubmitted Entry is rejected by the Promoter, or is not received by the Promoter during the relevant Promotional Stage, the Entrant will not have gained an Entry into the promotion.
11. Entries and Resubmitted Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries or Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries or Resubmitted Entries.
12. Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
JUDGING AND PRIZES
13. The Promoter’s decision as to the winning Entries and in relation to any aspect of the promotion more generally will be final and binding on every Entrant. No correspondence will be entered into.
14. Prizes will be distributed within 28 days of each Promotional Stage closing.
15. The Entry judged to be the best from all eligible Entries received during a Promotional Stage will win one (1) Maxwell & Williams product package from the Maxwell & Williams 2016/17 Spring Summer Collection, valued at $500 (RRP). There will be a maximum of five (5) prizes awarded during the Promotional Period. Each winner will be given the opportunity to choose the product ranges for his/her prize. The winner must inform the Promoter in writing of their chosen product range for their prize within seven (7) days from the date the winner is successfully notified by the Promoter that they have won, otherwise the entire prize may be forfeited. Once the winner confirms their selection with the Promoter, no changes may be made to the prize inclusions by the winner. No refunds, returns or exchanges permitted if the winner requests another product range. Products available as part of the prize are subject to availability. All ancillary costs or accessories not expressly included are the responsibility of the winner.
16. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b)submitting an Entry that is not in accordance with these Terms & Conditions; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
17. Contact details entered incorrectly on the Promotional Website by an Entrant will deem an Entry invalid. All prize claims will be subject to any of the Promoter’s, or its nominated agent’s validation and verification checks required in their sole absolute discretion. The Promoter’s decision is final and no correspondence will be entered into.
18. Each Entrant whose Entry is the best judged Entry in a Promotional Stage must confirm their eligibility to be awarded the prize and their ability to accept the prize within three (3) business days
of being successfully notified by the Promoter that their Entry has been judged as the best Entry, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best judged Entry within three (3) business days
of the judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept the prize, the Promoter reserves the right to, in its sole discretion, award the prize to the Entrant judged to have submitted the next best Entry in that Promotional Stage. Any replacement winners selected under this condition (if any) will be notified in writing via the email address and/or verbally via a telephone number submitted when entering the promotion. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize and ability to participate in the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the prize and ability to participate in the prize will the Entrant, subject to these Terms and Conditions, be deemed the winner of the judging.
19. The total maximum prize pool value is $2,500 (RRP). Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as described and cannot be varied. The prize cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.
20. Prize values are the correct recommended retail price including GST at time of printing. The Promoter accepts no responsibility for any variation in the value of any prizes.
21. In the event that the prize or any prize item is unavailable despite the Promoter’s reasonable endeavours to procure it within Australia, the Promoter reserves the right to substitute a different prize or prize item of equal or greater value.
22. It is a condition of accepting the prize that the winner may be required to sign legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
23. As a condition of entering this promotion, an Entrant, in the event they are a winner, consents to the Promoter using the Entrant's entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees, in the event they are a winner, that the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
24. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter's brands, logos, trading names, products and/or services and the Promotional Website will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter's brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the relevant Promotional Stage to use the promotional material and the Promoter's brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
25.By entering the Promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
26. The Promoter may delete or request the deletion of any content posted on the Promotional Website, Facebook or Instagram pages. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purpose of the promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
27. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Terms & Conditions; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Terms & Conditions; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
28. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.
29. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
30. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms & Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
31. If for any reason this promotion is not capable of running as planned (whether caused by infection by computer virus, line dropout, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the promotion), the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant regulatory authority), to cancel, terminate, modify or suspend the promotion. Except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), the Promoter (including its officers, employees and agents) exclude 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, including, but not limited to, where arising out of the following:
a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b) any theft, unauthorised access or third party interference;
c) 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;
d) any variation in prize value to that stated in these Terms and Conditions;
e) any tax liability incurred by a winner or Entrant; or
f) use of a prize.
32. The Promoter will provide to each Entrant, at the time of Entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth). The collection statement can be obtained at: http://www.maxwellandwilliams.com.au/privacy-policy
34. By entering the Promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
35. In these Conditions of Entry: “Australian Consumer Law
” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights
” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws
” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses
” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information
” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.