http://au.sallyhansen.com/competition/sally-hansen-spring-racing-competitionSALLY HANSEN SPRING RACING COMPETITION TERMS AND CONDITIONS
COTY AUSTRALIA'S SALLY HANSEN SPRING RACING GIVEAWAY" COMPETITION TERMS & CONDITIONS
1. This document sets out the terms of participation in “Coty Australia’s Sally Hansen Spring Races Giveaway Competition” (the "Competition").
2. The promoter of the Competition is Coty Australia Pty. Limited (ABN 96 058 696 549) of Level 31, 1 Market Street, Sydney, NSW, 2000, 02 9267 5500 (the "Promoter").
Eligibility
3. The Competition is open to all Australian residents who are 13 years of age or over (“Entrants”). An Entrant must be an individual and not a company or organisation. Employees (and their immediate families) of the Promoter and any organisation or individual associated with the provision of the prize(s) are not eligible 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 1st cousin.
4. Each entry must be made in accordance with these Terms and Conditions. By entering the Competition, Entrants agree to be bound by these Terms and Conditions.
5. The Promoter reserves the right, at any time, to verify the eligibility of entries and the Entrant’s (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. 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 Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
Competition Details
6. Entry into the Competition is free. Only one (1) entry is permitted per person.
7. The Competition opens at 10:00am (AEST) on Sunday 21st September 2014 and closes at 11:59pm (AEDST) on Saturday 15th November 2014 ("Competition Period"). Any entry received after the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or incorrect entries.
8. All times referred to in these Terms and Conditions are in AEST/AEDST, as per local NSW time.
How to Enter
9. To enter, individuals must complete the following steps during the Competition Period:
(a) visit the Sally Hansen Australia website at
http://au.sallyhansen.com/; (b) follow the prompts to the promotional entry page;
(c) provide all of the requested details (including their full name, mailing address, telephone number, age and a valid email address);
(d) select their favourite spring racing shade from the colour selection menu;
(e) provide an answer to the promotional question “Tell us which Spring shade you’ll be wearing to the races and why?” in 25 words or less;
(f) agree to the Terms and Conditions by ticking the relevant tick box; and
(g) submit the fully completed entry form.
10. Incomplete or indecipherable entries will be deemed invalid.
11. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
How to Win & the Prize
12. There will be one (1) winner (“Winner”) in this Competition. The judging will take place at Coty Australia, Level 31, 1 Market St Sydney NSW 2000 on Monday 17th November 2014. This is a game of skill and chance plays no part in determining the Winner. Each entry will be individually judged based on the originality, literary merit and creative merit of the answer provided to the promotional question. The judges may select additional reserve entries, which they determine to be the next best, and record them in order of merit, in case of an invalid entry or an ineligible entrant.
13. The best valid entry, as determined by the judges, will win a $5,000 Westfield Gift Card (“Prize”).
14. The Winner will be notified through email on Tuesday 18th November 2014 confirming they have won.
15. Gift Card valid for 12 months from date of issue. Any ancillary costs associated with redeeming the Gift Card are not included. Any unused balance of the Gift Card will not be awarded as cash. Redemption of the Gift Card is subject to any terms and conditions of the issuer including those specified on the Gift Card.
16. The Prize will be sent to the Winner’s nominated Australian mailing address by Friday 9th January 2015.
General
17. The Prize, or any unused portion of the Prize, cannot be exchanged or transferred and cannot be redeemed for cash.
18. In the event that the Prize become unavailable due to circumstances beyond the Promoter's control, the Promoter reserves the right to substitute the Prize with a similar product to the same or greater value as the original prize.
19. If for any reason the Winner does not take or claim the Prize by the time stipulated by the Promoter, then the Prize will be forfeited.
20. Entrants agree that they are fully responsible for any materials they submit via the Competition, including but not limited to answers to the promotional question (“Content”). The Promoter shall not be liable in any way for Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
21. As a condition of entering this competition, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub- licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
22. Decisions of the Promoter are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
23. If there is any event that prevents or hinders the Promoter's conduct of the Competition or the Promoter's ability to deliver the Prize to the Winner, the Promoter may, in its discretion, cancel the Competition and may recommence it at another time under the same or various conditions.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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.
25. 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.
26. Any cost associated with accessing the promotional website is the Entrant’s responsibility and is dependent on the Internet service provider used.
27. As a condition of accepting the Prize, the Winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the Winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
28. 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.
29. 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: (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 tax liability incurred by the Winner or an Entrant; or (e) use/redemption of the Prize.
30. The Promoter collects personal information ("PI") in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. 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
http://www.coty.com/privacy- policy. 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 Principles 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.
Australian Competitions Club
