Terms and Conditions
SHOP TILL YOU DROP - Summer 16 Instagram Competition
CONDITIONS OF ENTRY
1. Instructions on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to residents of Australian aged 13 years and older, who have an active public Instagram account. Employees of the Promoter, associated agencies and their immediate families, are not eligible to enter.
3. Only one entry per person per Instagram account will be permitted.
4. The promotion commences on 7th November 2016 and closes at 23:59 (AEDST) on the 9th January 2017. The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at Bauer Media, 54 Park Street, Sydney NSW 2000 and will begin on the 10th January 2017. The Promoter will notify the winner by commenting on the winner’s post (entry). The winner must follow the instructions within that comment to contact the Promoter to redeem their prize.
5. To be a valid entry, individuals must follow SHOP til you DROP magazine @shoptilyoudropmag and Elle Ferguson @elle_ferguson on Instagram and have their Instagram account must be public at the time of judging.
To enter, individuals must create an image including a copy of the Summer ‘16 issue of SHOP til you drop magazine within the image at a summer location of your choice and post the image to your Instagram account including the hashtag #SHOPxElleFerguson and tag both @shoptilyoudropmag and @elleferguson in the caption.
6. The choice of colour, black and white and filter of the image is at the discretion of the entrant. No responsibility will be taken by the promoter in the event that the original entry (including but not limited to the submitted photograph) is lost or damaged in editing or during the process of submission.
7. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
8. This is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its originality, creative merit of the photograph and suitability to the Promotion. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
9. The entrant must not engage in any illegal or unsafe behaviour whilst taking the entry (photograph). To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the entrant or any person during taking of the entry (photograph).
10. The Promoter is neither responsible nor liable for late, lost or misdirected entries, or entries not received by the Promoter for any reason whatsoever. No responsibility will be taken by the promoter in the event that the original entry is lost or damaged in editing.
11. Incomplete or incomprehensible entries will be ineligible and discarded.
12. An entry must not be, without limitation:
n) racially or ethnically offensive;
o) capable of encouraging of conduct that would be considered a criminal offence;
p) capable of violating any law;
q) capable of giving rise to civil liability.
Any entry which the judges deem inappropriate will be invalid.
13. All decisions relating to the conduct of the Promoter and Promotion, including, but not limited to, the selection of any and all parts of an entry to be published, and the awarding of prizes, are at the sole and exclusive discretion of Promoter and are final and not subject to appeal.
14. Failure to comply with any term or condition may result in disqualification and/or forfeiture of Prizes at the Promoter’s sole discretion.
15. The Promoter reserves the right to verify the validity of entries at anytime during or after the promotional period, and reserves the right to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
USE OF ENTRIES
16. The Entrant warrants to the Promoter that the entry submitted is an original artistic work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the Entrant in relation to the entry was provided by a third party, the Entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
17. Each entrant grants to the Promoter an irrevocable, worldwide and perpetual licence to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future Promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of any submitted entry.
18. All entries submitted for the purpose of this promotion become the property of Bauer Media Pty Ltd (Promoter) (publisher of Shop Til You Drop magazine). As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Bauer Media Pty Ltd.
19. The promoter will not be liable for any breach of copyright. The entrant will be solely responsible for their own entry and the consequences of submitting them. The entrant represents and warrants that:
Their entry is their own and:
a) They own or have all necessary licences, rights, consents and permissions to use and authorize the promoter to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all entries to enable inclusion and use of the entries in the manner contemplated by these terms and conditions; and
b) They have the written consent, release, and/or permission of each and every identifiable individual person in the entry (including if the individual is a child – the child’s parent or legal guardian) to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the entry in the manner contemplated by these Terms and Conditions
20. The best (1) valid entry as determined by the judges will be deemed the major prize winner and will win:
• Two (2) x Bondi Sands Self Tanning Foam Ultra Dark valued at up to $24.95 each (total $49.90)
• Two (2) x Bondi Sands Everyday Gradual Tanning Foam valued at up to $19.95 each (total $39.90)
• Two (2) x Bondi Sands Self Tanning Mitt valued at up to $9.95 each (total $19.90)
• One (1) x Bondi Sands Reusable Exfoliator Mitt valued at up to $12.95
• One (1) x Charlotte Tilbury Filmstar Bronze & Glow valued at up to $97
• One (1) x Charlotte Tilbury Legendary Lashes valued at up to $52
• One (1) x Charlotte Tilbury Legendary Brows valued at up to $39
• One (1) x One Teaspoon ‘Blue Malt Bandits’ shorts (size 28 only) valued at up to $99
• One (1) x One Teaspoon ‘Blue Cult Bandits’ shorts (size 28 only) valued at up to $99
• Six (6) x By Rosie Jane Body Lotion valued at up to $38 each (total $228)
• Six (6) x By Rosie Jane Lip & Cheek Gloss pots $28.83 each (total $172.98)
• One (1) x Beachwaver Pro curling iron valued at up to $279
• One (1) x Pacifico Optical ‘Buckler’ sunglasses valued at up to $238
• One (1) x Toni & Guy Cleanse Dry Shampoo valued at up to $15.99
• One (1) x Toni & Guy Matt Texture Dry Shampoo valued at up to $15.99
• One (1) x Toni & Guy Perfect Tease Dry Shampoo valued at up to $15.99
• One (1) x Aveda paddle brush valued at up to $49.95
• One (1) x Aveda Damage Remedy restructuring conditioner valued at up to $49
• One (1) x Aveda Damage Remedy restructuring shampoo valued at up to $49
• One (1) x Aveda Chakra3 Balancing Body Mist valued at up to $49.95
• One (1) x Aveda Chakra4 Balancing Body Mist valued at up to $49.95
• One (1) x Baby Anything fine heart sterling silver necklace valued at up to $150
Total prize pool is valued at up to $1872.45 (including GST). Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
21. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
22. The prize does not include any installation or set-up of any of the products.
23. Products included in prize package (including but not limited to titles, colour, design, sizing, model, finish, style etc) will be determined by the promoter in its complete discretion. All prizes must be taken as offered.
24. The prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in Australia.
25. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent/legal guardian to prove their parental status/ legal guardianship at the time of winner notification. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be a winners parent and/or legal guardian, then that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to and administrative fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. The Promoter is not responsible for determining any other delivery details or taking direction that relates to any ongoing family law negotiations and/or determinations. These are the responsibility of the winner and their respective parent/s and/or legal guardian/s.
26. In acceptance of the prize, the Winner acknowledges that they may incur ongoing costs associated with the prize which are the entire responsibility of the winner.
27. Prize is subject to the standard terms and conditions of individual prize and service providers.
28. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
29. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification.
30. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
31. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize
32. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
33. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
34. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.
35. If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.
36. 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 State 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 promotion.
37. 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
38. 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.
40. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.