Entrants may enter the competition by submitting a valid Rating/Review about a product currently sold by the Promotor by the closing date of the competition. To the complete the entry, the entrant must:
a. log onto the Bazaarvoice system on mecca.com.au;
b. submit a valid Rating/Review; and
c. register their details including (but not limited to) full name, address, post code, telephone number and e-mail address.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
3. Entry is only open to Australian legal residents aged 18 years and over at the time of entry and who satisfy the entrance requirements contained herein.
4. Employees (and their immediate families) of MECCA Brands Pty Ltd ABN 11 077 859 931 (“Promoter” or “we”), their subsidiaries and the agencies associated with this promotion are ineligible 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, sibling, step-sibling or 1st cousin.
5. 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 whose entry is not in accordance with these Terms and Conditions or who otherwise tampers with the entry process. Manifest 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.
6. Incomplete, indecipherable, or illegible entries will be deemed invalid. The Promoter accepts no responsibility for any incorrect, incomplete, lost, late or misdirected entries.
7. Entrants in the competition may enter as many times as they like before the closing date of the competition provided that they leave identifiable, separate, valid, published Ratings/Reviews for individual products.
8. If there is a dispute as to the identity or details of an entrant, the Promoters reserve the right, in its sole discretion, to determine the identity or details of the entrant.
9. The promotion commenced on 27th September 2016 at 9:00am AEDST. Entries close on 7th November at 11.59pm AEDST. Entries submitted and received by the Promoter after this time will not be accepted. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.
10. The Winner of the prize will be determined by the Promoter based on the most creative, insightful review. This competition is a game of skill and entrants are required to demonstrate skill, talent, creativity and/or imagination in order to compete. Chance plays no part in determining the winner. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
a. any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
b. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
11. Any entry that is made on behalf of an entrant by a third party will be invalid.
12. The Winner will be determined by the Promoter, at the offices of Cosmetics Cubed, 34 Wangaratta St, Richmond, VIC, 3121, Australia on 8th November 2016 at 9:00am AEDST. The Promoter reserves the right to draw additional valid reserve entries and record them in order, in case an invalid entry or ineligible entrant is drawn and the Promoter elects to draw upon such reserve entries.
13. The winner will be notified by email on 11th November 2016. The Winner’s name may be published on the Promoter, Mecca Maxima, Mecca Cosmetica and Kit Cosmetics Facebook and Instagram pages, and in any other Promotional Material the Promoter deems relevant. Entrants consent to their details and images being published in these circumstances.
14. The Promoter’s decision is final and no correspondence or communication will be entered into in relation to such decision or associated process.
15. If the winner has not claimed the prize within 10 days of being notified by email, then he or she will forfeit the prize and the prize will be awarded to the valid entry submitted in accordance with these Terms and Conditions that is judged by the Promoter to be the next most creative entry at 21st November 2016 at the offices of Cosmetics Cubed, 34 Wangaratta St, Richmond, VIC, 3121, Australia. The winner of the unclaimed prize will be notified by email within 2 days of the date on which they are judged to be the unclaimed prize winner.
16. The prize pool for this promotion is a Mecca beauty prize pack valued at AUD $250 (inclusive of GST). Prize values are based upon the recommended retail prices as at 11th November 2016. The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. If for any reason any elements of the specified prizes are unavailable the Promoter reserves the right to replace it with something of similar value and/or specification.
17. Prizes, or any unused portion of a prize, or any part thereof, are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent.
18. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
19. It is a condition of accepting the prizes that the winners must comply with all the conditions of use of the prize and the prize supplier’s requirements.
20. It is a condition of accepting the prizes that the winners may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
21. If for any reason this competition is not capable of running as planned, including but not limited to as a result an infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupts or affects the administration, security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, to cancel, terminate, modify or suspend the competition. If this promotion 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
22. To the fullest extent permitted by law, the Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, as regards this competition or the merchantability, quality or fitness for a particular purpose regarding any prize or any component of any prize.
23. Entrants consent to the Promoter using the entrant's name 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, and their related bodies corporate.
24. Any cost associated with accessing the promotional website situated at mecca.com.au is the entrant’s sole responsibility and is dependent on the Internet service provider used. The Promoter accepts no responsibility for entrants’ use (or attempted use) of the website. Entrants are also required at all times to agree to, and comply with, any terms and conditions imposed by the Bazaarvoice system which may be viewed at http://mecca.com.au/ratings-and-reviews-terms-and-conditions.html
25. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the Promoter and its officers, employees and agents exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity, loss of business or loss of goodwill or loss of profits); whether direct, indirect, special or consequential, arising in any way out of the competition, 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 cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise); (d) any variation in prize value or specification to that referred to in these Terms and Conditions; (e) any tax liability or similar charge incurred by the winner or the entrant; or (f) use of the prize.
26. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or any other event beyond its control and in these circumstances, the Promoter may in their absolute discretion cancel the competition (without liability) and, if it elects to do so, recommence it from the start on the same conditions.
27. Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
28. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including but not limited to, any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading any materials in this competition.
29. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms or warranties.
31. For a list containing the name of the winner, contact Customer Service, within 6 months of the date the winner is chosen.
32. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of these Terms and Conditions.
3. All entries become the property of the Promoter (including any intellectual property rights comprised therein). All opt-in entries will be entered into a database and the Promoter may use the entrant’s names, image, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to the Promoter.
34. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.
35. This competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by the laws of Victoria, Australia.
36. The Promoter is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 34 Wangaratta Street, Richmond VIC 3121, Australia.