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The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.
Promotion: LANCÔME JUICY SHAKER COMPETITION
Promoter: L’Oréal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: (03) 8680 0000.
Promotional Period Start Date: 08.05.2016 at 10:00 AM AEST
End Date: 19.06.2016 at 5:00 PM AEST
Eligible entrants: Entry is only open to Australian residents who are aged 16 years of age or older. Entrants under the age of 18 must obtain prior permission from a parent or guardian to enter.
How to enter: To enter, an entrant must complete the following steps during the Promotional Period:
(a) take a fun and creative selfie of their lips; and
(b) upload the selfie to their Instagram account with the hashtags #BANTHEBORING, #LANCÔMEAU and #JUICYSHAKER.
The selfies which are uploaded must be of the entrant and must not contain any inappropriate material. See clause 19 below for further requirements of the Photos. The Instagram account used for entry must not be set to ‘private’ to be eligible for this Promotion.
By entering this Promotion, you agree for Lancôme representatives to contact you via social media (this may include a direct message on Instagram or a comment directly on the winning post) and for you to get in touch with Lancôme via Facebook private message to claim your prize.
Number of entries permitted An entrant may enter the Promotion multiple times during the Promotional Period. However, each entry submitted must contain a different selfie.
Total Prize Pool: $500.00
Prize Description: The prize is a $500.00 Westfield gift card.
Number of this Prize: 1
Value (per prize): AUD$500.00
Winning Method: Judging
Conditions: Not transferable, substitutable or exchangeable nor redeemable for cash (including any unused portion).
Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
Notification of prize winners: The winner will be notified in writing via Instagram.
Unclaimed prizes: The Promoter may at its discretion assign the prize if unclaimed 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.
Terms and Conditions
1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the 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 Start Date and ends on the End Date ("Promotional Period"). Entries must be received during the Promotional Period. Entries 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. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of the agencies or companies associated with this Promotion or of the Promoter’s retailers, distributors, suppliers and associated companies and agencies are not eligible to enter. “Immediate families” means spouse, partner, parent, guardian, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
4. Valid and eligible entries will be accepted up to 19.06.2016 by 5:00 PM AEDT. If the prize(s) 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.
i. The best valid entry as determined by the judges based on creative merit will be deemed the winner and receive the prize indicated in the Schedule table above.
ii. The winner will be determined by skill. Chance plays no part in determining the winner. The judges’ decision is final and binding and no correspondence will be entered into.
iii. 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.
6. All reasonable attempts will be made to contact the winner.
7. If the winner chooses not to take their prize (or is unable to), they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. If the prize is unavailable the Promoter reserves the right to substitute the prize to a prize of equal or greater value and/or specification.
(a) how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and
(b) how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint.
13. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize. If the winner is under the age of 18, the winner’s parent or legal guardian may be required to sign any such legal release on behalf of the winner.
14. 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.
15. 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).
16. 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 or suspend the Promotion and invalidate any affected entries.
17. 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 software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
18. The Promoter reserves the right to disqualify entries 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 and no correspondence will be entered into.
19. Each Photo must be the entrant’s original work. By entering this competition entrants:
a) consent to the Promoter making copies of or publishing the whole or any part of their entry (including the Photo, name and age) and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes;
b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights;
c) grant the Promoter a world-wide, royalty free, perpetual, irrevocable, transferrable licence (with a right to sublicense) to use their entry (including their Photo, name and age) submitted as part of this competition for any purpose;
d) permit the Promoter to edit, adapt and alter their entry for inclusion on L’Oreal social media accounts and websites (e.g. the Lancôme website);
e) acknowledge that their entry and their name and age may be made publicly available by the Promoter (in its absolute discretion) and will be accessible to the general public to view;
f) warrant that they own or have the right to license the copyright in any entry submitted by them into this competition, for the purposes of this competition, 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 competition, 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);
g) warrant that any person featured in any Photo has consented to the entrant submitting that Photo into this competition;
h) warrant that their entry does not include any content that contravenes any law, infringes the rights of any third party, is obscene, offensive, discriminatory, indecent, otherwise objectionable or inappropriate or makes any improper or inappropriate invasion of the privacy of any person. Without limitation, entrants must not include any content that involves nudity, malice or which may be defamatory or in contempt of court;
i) warrant that their entry does not include any literary, dramatic or artistic work, or any other item in which copyright subsists, unless the entrant is entitled to do so; and
j) warrant that their entry contains no virus or other computer code or material embedded in it which may have a negative impact on a L’Oreal website or social media website/platform or any network or third party computer systems.
20. The Promoter reserves the right to demand any entrant to delete, remove or edit any Photo, if the Promoter determines at any time, in its absolute discretion, that the Photo does not comply with the above clause, breaches any law, regulation, standard or code that applies to the Promoter, or otherwise breaches these terms and conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any demand made by the Promoter pursuant to this paragraph.
21. 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) 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).
22. The entrant 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.
23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
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