Heritage Brands | Show Us Your Dark Side Terms & Conditions ("Conditions of Entry") Schedule Promotion: Heritage Brands | Show Us Your Dark Side Promoter: Heritage Brands Ltd ABN 91081149635, 30 Bando Road, Springvale, VIC 3171, Australia. Ph: 1300 650 981 Promotional Period Promotion Start date: 19/12/16 at 12:01 am AEDT Promotion End date: 29/01/17 at 11:59 pm AEDT Entry Period: Entry Start date: 19/12/16 at 12:01 am AEDT Entry End date: 08/01/17 at 11:59 pm AEDT Voting Period: Voting Start date: 16/01/17 at 12:01 am AEDT Voting End date: 29/01/17 at 11:59 pm AEDT Eligible entrants/voters: Entry and voting is only open to Australian residents. Entrants/voters under the age of 18 must have parent or legal guardian approval to enter/vote. How to Enter: To be eligible to enter the Promotion the entrant must take a before and after photo showing the before and after effect of using a Le Tan fake tanning product on themselves and create one (1) image with those before and after photos (the Le Tan fake tanning product must also be shown in the photos) (“Before&After Image”).
To enter the Promotion, the entrant must then complete either of the following entry methods during the Promotional Period:
(A) Entry Method 1 (Instagram): upload the Before&After Image to their Instagram account with the hashtag #showusyourdarkside and the account handle @letansummer; OR (B) Entry Method 2 (Website): visit win.letan.com.au, follow the prompts to the Promotion entry page, input the requested details including their first name, last name and email address, upload their Before&After Image, and submit the fully completed entry form.
Before&After Images uploaded must not be more than 10MB in file size.
Entrants who enter via Instagram must ensure their Instagram account privacy setting is set to public (i.e. not 'private') to be eligible for this Promotion. How to Vote: The top twelve (12) entries as determined by the Promoter will be placed up for voting by the public. To vote for an entry, a voter must visit win.letan.com.au, follow the prompts to the Promotion voting page, select the entry they would like to vote to be directed to a voting form, input all requested details including their first and last name and email address and submit the fully completed voting form during the Voting Period.’
A voter will be told upon submission of the voting form whether or not they have won an instant win prize.
Entries permitted:
Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above. Each entry submitted by an entrant must contain a different photo. The entrant is eligible to win a maximum of one (1) prize (excludes SA residents). By completing the entry method, the entrant will receive one (1) entry.
Votes permitted:
Only one (1) eligible vote per person will be accepted.
Total Prize Pool: $5,631.76
Prize Description Number of this prize
Value (per prize)
Winning Method
Conditions
Prizes for Top 12 Before&After Images Prize 1: The prize consists of the following items: #5806 - Le Tan Coconut Water Self Tanning Foam 200mL; #5844 - Le Tan Coconut Water Self Tanning Foam Ash Base 200mL; #5843 - Le Tan Coconut Water Self Tanning Foam Violet Base 200mL; #5857 - Le Tan Coconut Water Self Tanning Lotion
3 AUD$505.67 Top 3 (i.e. 1st, 2nd and 3rd placed)
No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.
© 2016 Plexus Services Pty Ltd. Do not reproduce without authority.
200mL; #5863 - Le Tan Coconut Water Wash Off Spray 100g; #5808 - Le Tan Ultra Dark Self Tanning Foam 200mL; #5859 - Le Tan Ultra Dark Self Tanning Lotion 200mL; #5862 - Le Tan Ultra Dark Self Tanning Spray 175g; #5865 - Le Tan Ultra Dark Wash Off Spray 100g; #5807 - Le Tan Moroccan Argan Oil Self Tanning Foam 200mL; #5858 - Le Tan Moroccan Argan Oil Self Tanning Lotion 200mL; #5867 - Le Tan Moroccan Argan Oil Gradual Tanning Lotion 200mL; #5649 - Le Tan Moroccan Argan Oil Shimmering Dry-oil Light-Med 125mL; #5650 - Le Tan Moroccan Argan Oil Shimmering Dry-oil Med-Dark 125mL; #5521 - Le Tan Application Mitt (x2); #5359 - Le Tan in Le Can Deep Bronze 150g; #5811 - Le Tan in Le Can Dark Bronze 150g; #5358 - Le Tan in Le Can Bronze; #5634 - Le Tan Foaming Mousse Bronze; #5632 - Le Tan Foaming Mousse Deep Bronze; #5810A - Le Tan Foaming Mousse Dark Bronze; #5380 - Le Tan SPF15 Daily Glow Tube; #5411 - Le Tan Jet Dry Bronze; #5837 - Le Tan Express Tan Spray; #5838 - Le Tan Express Tan Mousse 110ml; #5375 - Le Tan Instant Lotion Bronze; #5376 - Le Tan Instant Lotion Deep Bronze; #5604 - Le Tan Exfoliating Mitt; #5661 - Le Tan Coconut SPF 30+ Lotion 125 mL; #5255 - Le Tan Coconut SPF 30+ Spray 250 mL; #5501 - Le Tan Coconut Oil SPF 30 125 mL; #5645 - Le Tan Active Kids Lotion 250mL.
Prize 2: The prize consists of the following items: #5808 - Le Tan Ultra Dark Self Tanning Foam 200mL; #5650 - Le Tan Moroccan Argan Oil Shimmering Dry-oil Med-Dark 125mL; #5866 - Le Tan Gradual Tanning Lotion Coconut Water; #5521 - Le Tan Application Mitt; #5650 - Le Tan Shimmering Self Tanning Dry-Oil Moroccan Argan Oil Medium/Dark.
3 AUD$372.25 Next top 3 (i.e. 4th, 5th and 6th placed)
No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.
Instant Win Prizes (For VOTERS ONLY) Prize 3: The prize is #5808 - Le Tan Ultra Dark Self Tanning Foam 200mL.
50 AUD$19.99 Instant Win
No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.
Prize 4: The prize is #5843 - Le Tan Self Tanning Foam with Coconut Water Violet Base.
25 AUD$19.99 Instant Win
No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.
Prize 5: The prize is #5844 - Le Tan Self Tanning Foam with Coconut Water Ash Base.
25 AUD$19.99 Instant Win
No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.
© 2016 Plexus Services Pty Ltd. Do not reproduce without authority.
Prize 6: The prize is #5521 - Le Tan Universal Self Tan Application Mitt.
100 AUD$9.99 Instant Win
No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.
Winner notification:
The Finalists and winners of Prizes 1 and 2 will be contacted by email.
Instant prize winners will be notified immediately on-screen upon submission of the voting form.
The winner(s) of prizes above $250.00 will be published at win.letan.com.au within 15 days of the Voting End Date.
Unclaimed Prizes:
Instant Prize(s) must be claimed by 01/05/17 at 02:30 pm AEDT. Unclaimed instant win prizes will be redrawn on 02/05/17 at 02:30 pm AEST at Peazie Social Media (Group) Pty Ltd, Level 2, 27 St Edmonds Rd, Prahran 3181, Australia. The winner/s of the redraw will be notified by email within two (2) business days of the draw.
In the event of an unclaimed Prize 1 or 2, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.
1. The entrant/voter agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that participation in this Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. 2. The Promotion commences on the Promotion Start Date and ends on the Promotion End Date ("Promotional Period"). Entries/votes are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant/voter. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. 3. Valid and eligible entries will only be accepted during the Entry Period. Valid and eligible votes will only be accepted during the Voting Period. 4. Employees (and the immediate family members) of agencies/companies associated with the conduct of the Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter or vote. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age. 6. Game of Skill: a) Stage 1 (Determination of 12 Finalists): Representative/s of the Promoter will judge all entries received during the Entry Period. Each entry will be judged on the basis of the individual creative merit of the Before&After Image. The top twelve (12) entries, as determined by the judges, will be deemed the Finalist entries. b) Stage 2 (Determination of Winners (Top 6 Finalists)): The Finalist entries will be placed up for voting by the public. The six (6) Finalist entries that receive the highest number of valid votes will be deemed the winning entries. In the event of a tie for any of the top 6 Finalist entries, representative/s of the Promoter will judge all respective tied entries based on creativity and originality to determine the top six (6) Finalist entries. The entrants which submit the top three (3) Finalists entries (i.e. 1st to 3rd placed) will each win Prize 1. The entrants which submit the next top three (3) Finalists entries (i.e 4th to 6th placed) will each win Prize 2. c) The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. d) The winners of Prizes 1 and 2 will be determined by skill. Chance plays no part in determining those winners. The judges' decision is final and binding and no correspondence will be entered into. 7. Instant Win (for Voting entries only): Voters will be notified immediately if they have won on screen upon voting form submission. By the end of the Voting Period, all prizes from the advertised prize pool will be distributed and all existing claims, unless due to fraud or ineligibility, for prizes and entitlements will be met notwithstanding that the advertised prize
© 2016 Plexus Services Pty Ltd. Do not reproduce without authority.
pool has been exceeded and printing errors and other quality control matters will not be used as a reason for refusing payment of prizes. Winners of an instant win prize are determined by chance. 8. All reasonable attempts will be made to contact each winner. 9. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the prize. 10. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use (
http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at:
http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. 11. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date. 12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority. 13. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant/voter to access the website or social media platform of entry via their Internet service provider. 14. Each prize will be awarded to the person named in the entry/vote and any entry/vote that is made on behalf of an entrant/voter or by a third party will be invalid. If there is a dispute as to the identity of an entrant, voter or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant, voter or winner. 15. Entrants'/voters’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant/voter electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at
www.letan.com.au/terms-and-conditions. The Promoter's privacy policy contains information about how the entrant/voter may access, update and seek correction of the personal information the Promoter holds about them and how the entrant/voter may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants/voters to enable them to participate in this Promotion and may disclose the entrants'/voters’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant/voter does not provide their personal information as requested, they may be ineligible to enter, vote or claim a prize in the Promotion. Personal information collected from entrants/voters will not be disclosed to any entity located outside of Australia. 16. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence. 17. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. 18. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise. 19. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
© 2016 Plexus Services Pty Ltd. Do not reproduce without authority.
20. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation. 21. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Conditions of Entry. 22. The Promoter reserves the right, at any time, to verify the validity of entries, votes, voters and entrants (including an entrant’s/voter’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 Conditions of Entry, tampered with the entry/voting process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. 23. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry/voting software or any other mechanical or electronic means that allows an individual to automatically enter/vote repeatedly is prohibited and may render all entries/votes submitted by that individual invalid. 24. All material submitted on entry (e.g. Before&After Image(s), photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions.
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The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause. 25. The Promoter reserves the right to disqualify entries/votes in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant/voter and no correspondence will be entered into. 26. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 27. The entrant/voter will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. 28. The Promoter accepts no responsibility for any tax implications and the entrant/voter must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. 29. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. 30. Authorised under: ACT Permit No. TP 16/02519, NSW Permit No. LTPS/16/10126 and SA Permit No. T16/2300