EXPRESS YOUR SELFIE COMPETITION TERMS & CONDITIONS

EXPRESS YOUR SELFIE COMPETITION

TERMS & CONDITIONS

  1. The Promoter of the #expressyourselfie Competition (“Promotion”) is Say It With Polish Pty Ltd (ABN 81 601 218 179) of Suite 308 / 50 Holt Street, SURRY HILLS NSW 2010.
  2. Information on how to enter the Promotion and the Prize form part of these “Terms and Conditions”. Any entry not complying with these Terms and Conditions will be deemed to be invalid. Participation in this Promotion is deemed as acceptance of these Terms and Conditions.
  3. The Promotion commences at 12.01am Australian Eastern Standard Time (“AEST”) on 13 November 2017and final entries close at 11.59pm Australian Eastern Daylight Savings Time (“AEDST”) on 13 December 2017 (“Promotional Period”).
  4. Entry is only open to Australian and New Zealand residents aged 18 years or over (“Eligible Entrants”).
  5. These Terms and Conditions are based on Australian laws only and there will be no consideration of the law in the Entrant’s usual place of residence. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this Promotion and their immediate families are ineligible to enter the Promotion. 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, brother, sister, step-brother, step-sister or 1stcousin. 

HOW TO ENTER

  1. To be eligible to enter the Promotion, Eligible Entrants must enter via the social media channel Instagram during the Promotional Period. To enter Eligible Entrants must:
  • Follow the @sayitwithpolish Instagram account;
  • Post a picture featuring at least one Say It With Polish personalised compact mirror, tagging @sayitwithpolish and using the hashtag #sayitwithpolish.
  1. Entrants release the Social Media Platform(s) and its/their associated companies from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform; (b) any information provided by the entrant in connection with the Promotion is provided to the Promoter and not to any Social Media Platform; and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to any Social Media Platform.
  2. The Promoter reserves the right, at any time, to verify the validity of entries,(including an Eligible Entrant’s identity, age and place of residence and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion).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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  3. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
  4. Entries that, at Promoter’s absolute discretion, are incomplete, defaced, damaged or incomprehensible will be deemed invalid.

THE WINNER

  1. All entries received from Eligible Entrants during the Promotional Period which comply with Clause 6, will be eligible to win the Prize (“Valid Entry”).
  2. The Eligible Entrant who submits the Valid Entry deemed to be the most creative by the Say It With Polish judges will win the Prize of $1,000 AUD CASH(“Prize”).
  3. The decision as to who will win the Prize will take place at 16:00pm AEDST at Say It With Polish Head Office, Suite 308, 50 Holt Street, SURRY HILLS 2010 on 13 December 2017.
  4. The Winner will be notified via the social media platform, Instagram within two (2) business days of the decision and their name and postcode (if applicable) will be published on the Say It With Polish Instagram account on 15 December 2017.
  5. In the event that the Winner cannot be contacted and the Prize remains unclaimed by close of business on 18 December 2017, the Promoter may appoint an alternate Winner of the Prize on 18 December 2017, subject to any written directions from any relevant regulatory authority. The winner will be notified via the social media platform Instagram within two (2) business days of the revised determination and their name and postcode (if applicable) will be published on the Say It With Polish Instagram account on 18 December 2017.

PRIZE

  1.  The Prize is AUD $1,000 cash prize, to be paid as a lump sum to the Winner.
  2.  The Prize is not transferable or exchangeable for any other good or service.

GENERAL

  1.  By submitting a Valid Entry, the Eligible Entrant waives any legal or moral intellectual property rights in the Valid Entry created for the Promotion. The intellectual property in all content generated in connection with the Promotion shall be the property of the Promoter and can be used by the Promoter in any manner that it deems fit, including using a Valid Entry and the Eligible Entrant’s identity in connection with the marketing and promotion of the Promoter’s business across digital, social and print media.
  2. 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 States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand or any other country (“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 ; 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, unauthorized 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 the Winner or Eligible  Entrant  or (f) taking and/or use of a Prize.
  3. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant ; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion , as appropriate.
  4. Any cost associated with accessing the website(s) or social media platforms related to this Promotion is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
  5. If for any reason a Winner does not take a Prize at/by the time stipulated by the Promoter, then the Prize will be forfeited.
  6. As a condition of accepting a Prize, the Winner (and their companions) must sign any legal documentation as and in the form required by the Promoter / Prize supplier / organisers in their absolute discretion including but not limited to a legal release and indemnity form. If for whatever reason the Winner does not agree to sign such documentation, then he or she will forfeit the Prize.
  7. Liability for any tax arising out of participation in this Promotion (including acceptance of a Prize) is the sole responsibility of the Entrant. Entrants should seek independent financial advice in this regard.
  8. The Promoter is not responsible for any tax consequences to an Eligible Entrant for accepting a Prize included in this Promotion.
  9. The Promoter collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at the Say It With Polish Website.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for Promotion al, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant . The Privacy Policy also contains information about how Entrant s may opt out, access, update or correct their PI, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Australian Entrant’s PI to an entity outside of Australia in accordance with its Privacy Policy. Any Eligible Entrant who wish to request access to the information that Say It With Polish holds concerning them or have any other questions may contact the Customer Service Centre by email: hello@sayitwithpolish.com.au.
  10. The Winner will be required to comply with the Promoter’s anti-money laundering and countering terrorism financing procedures.

These will require the Winner to provide the Promoter with a certified copy of any one of the following forms of current photographic identification before the Promoter deposits the Prize into the Winner’s bank account:

  • Passport
  • Photographic Driving Licence
  • Australian Proof of Age with Photo (for Australian residents)
  • National Identification Card from any foreign country

The photographic identification of the Winner could be certified as a true copy of original document by any authorised individual listed on Department of Attorney General website for Australian residents.

https://www.ag.gov.au/Publications/Statutory-declarations/Pages/List-of-authorised-witnesses.aspx

The Winner will also be required to complete an application form so that the Promoter has all mandatory data required to complete all applicable regulatory checks including but not limited to AML and CTF checks.

  1. Promoter’s decision is final and no correspondence will be entered into.
  2. All Prizes which are a monetary amount will be paid within 28 business days of being won, by means of a crossed cheque payable to the Winner in Australian Dollars, or if the Winner so requests, by means of electronic transfer of funds to any nominated account.
  3. By entering the Promotion, the Winner agrees to the use of their 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.
  4. Eligible Entrants submit to the exclusive jurisdiction of the courts of New South Wales.

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