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To enter, entrants must:
1. answer all questions in the ‘Mecca Skin care’ online survey; and
2. answer in 25 words or less “what is your dream skin care product and why”, before the closing date of the competition.
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. Entry is limited to one entry per person during the period of the competition. Multiple entries by the same person will result in disqualification.
5. 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 or step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, sibling, step-sibling or 1st cousin.
6. 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.
7. Incomplete, indecipherable, or illegible entries will be deemed invalid. The Promoter accepts no responsibility for any incorrect, incomplete, lost, late or misdirected entries.
8. If there is a dispute as to the identity or details of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity or details of the entrant.
9. The promotion commences on Friday, 1st July 2016 at 9:00AM AEDST and closes on Friday, 8th July 2016 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. There is 1 winner of the prize. The winner will be determined by 3 judges selected by the promoter. The finalists will be determined by the most skillful, original and creative answer to the competition question. This competition is a game of skill and entrants are required to demonstrate skill, talent, creativity and/or imagination in order to compete. The finalists will be determined by the judges selected by the Promoter, at the offices of Mecca Brands Pty Ltd, 34 Wangaratta St, Richmond, VIC, 3121, Australia on Thursday, 19th November 2015 at 6:00PM 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.
11. 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 Conditions of Entry.
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.
12. The winner will be notified by email on Friday 15th July 2016. The winners’ name/s may be published on the Promoter’s website, 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.
13. In the event that the prize is unclaimed after 3:00PM AEDST on Friday, 28th October 2016, 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 answer at the offices of the Promoter, 34 Wangaratta St, Richmond, Victoria, 3121, Australia on Monday 7th November 2016 at 5:00PM AEDST. The winner of the unclaimed prize will be notified by email. If the prize is unclaimed within 3 months of notifying the winner of the unclaimed prize, the unclaimed prize will be forfeited.
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. The total prize pool value for this promotion is AUD $500 (inclusive of GST). The one winner will each receive a Mecca Brands gift voucher (Prize). The Prize is valued at AUD $500 (inclusive of GST). Prize values are based upon the recommended retail prices as at Friday 15th July 2016. The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. If for any reason any of the specified prizes (or part of them) are unavailable or out of stock, the Promoter reserves the right to replace it with something of similar value and/or specification.
16. 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.
17. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
18. 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.
19. 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.
20. If for any reason this competition is not capable of running as planned, (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect 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.
21. 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.
22. Entrants agree that they are fully responsible for the image and entry they submit (Submission). The Promoter shall not be liable in any way for such Submission to the full extent permitted by law. The Promoter may remove any Submission without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter may deem is 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) they will obtain prior written consent from any person or property that appears or is personally identifiable in their Submission; (c) they will obtain full prior written consent from any person who has jointly created or has any rights in the Submission, to the uses and terms herein; (d) their Submission shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
23. Entrants consent to the Promoter using the entrant's name, image, likeness, 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 surveymonkey.net 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 such websites. Entrants are also required at all times to agree to, and comply with, any terms and conditions imposed by surveymonkey.net. Current surveymonkey.net Terms and Conditions of Use may be viewed at https://www.surveymonkey.net/mp/policy/terms-of-use/.
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 (including its officers, employees and agents) excludes 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 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 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 stated or referred to in these Terms and Conditions; (e) any tax liability or similar charge incurred by the winner, their friends or the entrant; or (f) use of a prize by the winner or their friends.
26. 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.
27. 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 its absolute discretion cancel the competition (without liability) and, if it elects to do so, recommence it from the start on the same conditions.
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 down-loading 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.
30. 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.
31. 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.
32. 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.
33. The Promoter is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 34 Wangaratta Street, Richmond VIC 3121, Australia.