‘Calling all Sukin lovers’ PROMOTION TERMS AND CONDITIONS
(WARNING: THIS IS LONG, BUT IMPORTANT.)
Information on how to enter and prizes form part of these Terms and Conditions.
By participating in the promotion, entrants acknowledge that they have read and understood these Terms and Conditions; and agree to be bound by them. Entries must be submitted in accordance with these Terms and Conditions to be valid.
The promotion commences on 3/07/2018 and entries close on 1/03/2019 at 16:30pm AEST (“Promotional Period”).
The promotion is only open to (“Eligible Entrants”). Subject to these Terms and Conditions, an Eligible Entrant is a person who is: (a) aged 18 years or older at the time of entry; and (b) submits their entry into this promotion in accordance with these Terms and Conditions.
Employees, managers and directors of the Promoter and its related companies and suppliers and agencies involved in this promotion are not Eligible Entrants, nor are their immediate families.
To enter the promotion, an Eligible Entrant must during the Promotional Period take a photograph of themselves with their favourite Sukin product, either with the physical product or how it appears as it has been applied (“Photograph”) and then undertake one (1) of the following options:
upload their Photograph via their own Instagram account, with the #SukinTribe and tag @sukinskincare; and then
include a caption outlining what the Sukin product is featuring in their Photograph and why it is their favourite.
upload their Photograph to the Sukin Facebook Page directly, with the #SukinTribe and tag @ SukinNaturalSkincare; and then
include a caption outlining what Sukin product is featuring in their Photograph and why it is their favourite.
During the Promotional Period, the Promoter will send a promotional email to its database inviting them to participate in this promotion. To enter via email, Eligible Entrants that receive the promotional email must:
reply to the promotional email;
Attach their Photograph; and
Include within the body of their email, their full name, email address, contact phone number and a response outlining what Sukin product is featuring in their Photograph and why it is their favourite.
Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images/Photographs (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Eligible Entrants warrant and agree that:
they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem 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;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
the Content is the original work of the Eligible Entrant that does not infringe the rights of any third party;
they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and;
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.
Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.
As a condition of entering this promotion, each Eligible Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
If an Eligible Entrant’s contact details change during the Promotional Period, it is the Eligible Entrant’s responsibility to notify the Promoter in writing.
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.
All entries become the property of the Promoter.
Throughout the Promotional Period, the Promoter will review entries submitted based on the quality of the Content submitted, including their Photograph and their response/caption about the Sukin product and how it reflects their brand guidelines. The Promoter will then select a minimum of one (1) entrant and a maximum of one hundred (100) entrants over the course of the Promotional Period to be deemed winners and entitled to the prize. Each winner will be notified directly according to their method of entry (being either Instagram Direct Message, Facebook Private Message or comment and/or via email.
This is a game of skill and chance plays no part in determining the winner(s).
The prize is AUD$1,500 RRP worth of Sukin products and the opportunity for their Content to be used in a Sukin campaign. The Promoter will determine the exact Sukin products awarded to each winner in its absolute discretion. The Promoter reserves the right to refuse to use any Content in their campaign/s for any reason.
The Promoter may announce the results on their website (or any other medium including but not limited to social media channels) shortly after a winner has been determined, in their absolute discretion.
It is also a condition of accepting a prize, that the winner, sign a legal release and indemnity, in a form determined by the Promoter and return it by the date and in the manner required as indicated at the time of winner notification.
Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated.
Prizes will be sent by post from the Promoter’s head office to the address provided by each winner. Winners should allow 28 days from first point of contact from the promoter for delivery of their prize. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the 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.
Except for any liability that cannot by law be excluded, including the Non‐Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person’s negligence) arising in any way out of or in connection with (a) this promotion; (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (c) any theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or Eligible Entrant; or (g) taking and redemption of any prize.
The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify: (a) any Eligible Entrants or entries that tamper with, or attempt to tamper with the entry process; (b) incomplete, indecipherable or illegible entries, or entries containing false information or incorrect contact details; (c) any entries that contain material that is obscene, indecent, objectionable, defamatory, libellous or otherwise contravenes an applicable law or infringes any third party’s rights; and (d) any entries that the promoter considers inappropriate for any reason.
The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions. The identification necessary for verification is at the sole discretion of the Promoter. 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.
All Eligible Entrants who are selected as winners consent to the Promoter using their name, image, likeness, character, voice or anything else that identifies them without remuneration in any media worldwide (including without limitation in national print media, on the Promoter’s website and in other promotional material) for a reasonable time to publicise this promotion (including any outcome).
If for any reason this promotion is not capable of running as planned, including as a result of 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, integrity, safety or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook OR Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook OR 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 Facebook OR Instagram. Facebook OR Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
The Promoter’s decision on all aspects relating to this promotion is final and no correspondence will be entered into.
This promotion is subject to and governed by the laws of the Commonwealth of Australia. Void where prohibited.
The Promoter is BWX Limited (ABN 13 163 488 631) of 58 Logis Blvd, Dandenong South VIC 3175.