https://www.witchery.com.au/moments-with-dad
MOMENTS WITH DAD - COMPETITION TERMS AND CONDITIONS
1) Entry into the Moments with Dad (“Competition”) is deemed acceptance of these Terms and Conditions. Instructions on ‘How to enter’ also form part of these Terms and Conditions.
2) For the purpose of these Terms and Conditions, the promoter is Witchery Fashions Pty Ltd of Building 3, 658 Church Street, Richmond, Victoria ABN: 70 006 897 230(“Promoter”).
3) Entry is open to Australia and New Zealand residents who are 18 years or older and living in Australia (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, "immediate families" of an employee includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin.
4) The Competition commences at 10AM AEST on 25 August 2016 andends at 11.59PM AEST on 2 September 2016. (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.
How to enter:
5) This Competition is a game of skill; chance plays no part in determining the winner.
6) Entrants must be a member of The Witchery Loyalty Program, in order to enter this Competition. If an Entrant is not a member of the The Witchery Loyalty Program and wishes to participate in this Competition, the Entrant should fill in their details to sign up to the Witchery Loyalty Program once prompted in the competition entry process.
7) To enter, the Entrant must visit the Moments with Dad Competition
www.witchery.com.au/moments-with-dad and upload a photo of an amazing dad in their life and tell us in 25 words or less why he’s the best (“Entry”).
Approved Entries will be published on the ‘Moments with Dad’ Gallery located at
http://competitions.witchery.com.au/competitions/5(“Moments with Dad Gallery”). During business hours, approved Entries will be live on the Moments with Dad Gallery within 48 hours of Witchery receiving the Entry. On the weekend, approved Entries will be live on the Moments with Dad Gallery within 72 hours of Witchery receiving the Entry..
9) All Entries will be monitored and checked by the Promoter before being published, in its absolute discretion. The Promoter will notify an Entrant by email if the Entry does not satisfy the Promoter’s standards, so that the Entrant may submit an alternative image that complies with those standards provided it is received within the Competition Period.
10) Entrants will receive an email notifying them once their Entry is published on the Moments with Dad Gallery.
11)Only one entry is permitted per Entrant.
12)Judging of all valid Entries received within the Competition Period will be conducted by a panel of judges at the Promoter’s head office at Building 3, 658 Church Street, Richmond, VIC, 3121 by 5PM AEST on 9 September 2016. The winning entry will be selected based on the creativity of their Entry photo and 25 words submitted (“Winning Entry”).
13)The Entrant who submits the Winning Entry (“Winner”) will win a $1000 reward loaded on to their Witchery Loyalty Card (the “Prize”). The value of the Prize is AUD$1000.
14)The maximum total value of the Prize awarded in this Competition is AUD$1000.
15)The Winners will be notified via Email or Phone by 11:59 AEST on 9th September of their success and will be directed to email the Promoter with the any details required to deliver the Prize.
16)The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
17)The Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within 24 hours or if the Prize cannot be redeemed by a Winner. This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.
18)The judges’ decision is final and no correspondence will be entered into regarding it.
19)The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize of equal or greater value.
20)Entries may be re-grammed on the Promoter’s Instagram account.
General
21)An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
22)All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.
23)Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
24)By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
25)Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to alter the design and use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
26)The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.
27)The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.
28)Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
29)The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.
30)Any costs associated with entering this Competition are the responsibility of each Entrant.
31)The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
32)Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.
33)Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and 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:
a) any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
b) any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
d) any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
e) any tax liability incurred by a winner or entrant (independent financial advice should be sought);
f) participation in this Competition; or
g) cancellation of this Competition.
34)This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).
35)Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition 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 conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
36)The Promoter will collect Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at
https://www.witchery.com.au/help/privacy-policy37)By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in.
38)These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
39)These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
40)Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
41) The Promoter can be contacted at:
Email:
customerservice@witchery.com.auPhone: 1800 033 465
Australian Competitions Club
