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CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of Entry and the Prize form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
2. Entry is only open to residents of Australia aged over 18 years (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3. The promotion starts at 10:00 am (AEST) on 23/02/2016 and ends at 11:59pm (AEST) on 28/02/2016 (Promotional Period).
4. To enter the promotion, Entrants must, during the Promotional Period: a. log onto Facebook; b. enter the competition via a post clearly stating the competition made available by the Pleasure State page (www.Facebook.com/pleasurestate); c. fully and correctly complete and successfully submit the entry via Facebook by clicking “Share” on the competition post and providing an answer to the question “Describe your Knockout style in three words” in the comments on the competition post.
a. log onto Instagram; b. enter the competition via a post clearly stating the competition made available by the Pleasure State page (www.instagram.com/pleasurestate) c. fully and correctly complete and successfully submit the entry via Instagram by reposting the competition post on their account and providing an answer to the question “Describe your Knockout style in three words” in their caption of the repost.
5. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that an Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trademarks or other third party materials (including but not limited to any copyrighted material, trade mark, logo or mark that identifies a brand) as it could result in the Entry becoming invalid for the purposes of this promotion or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or that the Promoter considers, in its sole discretion, to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion.
6. Entrants acknowledge that their Entry may be featured on the Pleasure State Page for public viewing for the duration of the Promotional Period and in perpetuity (unless otherwise requested). Entrants also acknowledge that, if they post their Entry, the Entry will be featured on their Facebook profile, wall, news feed and generally on the Facebook or Instagram platforms for public viewing and that the Entry may be made available to all of the Entrant’s Facebook or Instagram friends. Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
7. Facebook and Instagram membership, the “liking” of Facebook pages, the “following” of Instagram pages, Facebook or Instagram notifications, Facebook pages, Instagram accounts and use of Facebook and Instagram generally is subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Any costs associated with accessing Facebook remain the responsibility of each Entrant and may vary depending on the Internet service provider used.
8. Multiple entries permitted however each Entrant may only be awarded a maximum of one (1) Prize.
9. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries.
10. The Promotional Period will have one corresponding promotional judging’s by a panel of appropriately qualified judging’s (each, a Judging) for the purpose of awarding prizes in this promotion. All eligible Entries will be judged on the basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. Judging’s will take place at the Promoter’s premises. Winners will be notified in writing. All reasonable steps to notify the winners of the results of the Judging’s will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. The judging will take place at 5:00pm AEST on 02/03/2016.
11. The two (2) Entries judged to be the best Entries in the Promotional period will each win a year’s supply of Benefit Cosmetics they’re real! Mascara and Tinted Primer and 2 x My Fit lingerie sets valued at RRP AUD$530.80.
12. Winners who submitted their Entry via Facebook and Instagram will be requested to provide their details to the Promoter via email or phone in order to be distributed a Prize. The winners will be notified in writing or phone by 02/03/2016. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
13. Total maximum Prize pool value is AUD$1061.60 excluding GST. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for transportation to and from the event. The Promoter accepts no responsibility for any variation in Prize value. All Prize values are the recommended retail price including GST.
14. The Promoter may award a Prize to the next best judged Entry or Entries in order to award a Prize or Prizes if unclaimed by 30/03/2016 or if the Promoter is unable to contact any winner by 30/03/2016.
15. Entrants can only enter in their own name. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. The Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
16. Any Entries that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as an eligible Entry into the promotion.
17. By entering this promotion, each Entrant warrants to the Promoter: a. that they have the permission of anyone pictured in the Entry to submit their Entry. b. that they have the authority and all permissions necessary to submit their Entry; c. that they own the content of their Entry and have the right to assign copyright ownership and other Intellectual Property Rights in the Entry to the Promoter; d. that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity; e. that their Entry does not contain content that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable; f. that their Entry does not contain content that is contrary to the requirements or directions of relevant regulators; g. that their Entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes; h. that their Entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; i. that their Entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have; j. that during the course of creating their Entry, their conduct was not illegal, contrary to any laws, indecent, obscene, threatening, discriminatory or harassing to any person; or k. that the Entrant agrees that if their Entry is accepted by the Promoter, it may be available on the Pleasure State Facebook Page and Instagram Account and generally via the Facebook platform and the Instagram platform for public viewing and that their Entry may also be used by the Promoter in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
18. Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant (or an Entrant’s companions) of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; any Entrant’s use of the Application, any postings or contributions on Facebook by any party in connection with any Entrant’s use of the Application, or any error, defamation, libel, obscenity, profanity or inaccuracy of any content or information transmitted in connection with any Entrant’s use of the Application; and any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
19. By entering this promotion, Entrants absolutely and unconditionally assign (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign) all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat an Entrant’s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
20. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Pleasure State Facebook Page and/or Pleasure State Instagram Account in accordance with its and Facebook’s prevailing terms and conditions of use. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).
21. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
22. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Pleasure State Facebook Page and/or Pleasure State Instagram Account and/or the information on the Pleasure State Facebook Page and/or Pleasure State Instagram Account, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers Loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs.
23. If a Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu.
24. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize.
25. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged Entries, Prize claims or Prize; and/or (iv) acceptance and/or use of the Prize.
26. As a condition of entering this promotion, an Entrant consents to the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
27. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter. The Promoter collects personal information about an Entrant to include the Entrant in the promotion and, where appropriate, award the Prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at: https://www.facebook.com/pleasurestate. All personal information will be stored at the office of the Promoter.
28. By participating in the promotion, an Entrant also acknowledges that a further primary purpose for collection of the Entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with information on special offers or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the Entrant’s personal information in the manner set out in this condition.
29. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations. Promoter: Bendon Pty Ltd (ABN 26 001 222 064) of Building 7C, 2 Huntley Street, Alexandria NSW 2015. Telephone number: (02) 9384 2400.