Win A Mercedes-Benz Competition
This competition has now ended
To enter the Win a Mercedes Benz with Witchery ("Competition"), the person entering this Competition ("Entrant") must:
Sign up or sign in to Witchery Rewards and spend AUD $100 or more in a single transaction at a Witchery store in Australia or at www.witchery.com.au during the promotional period ("Entry").
Multiple entries are permitted within a single transaction e.g. spend $100 AUD in one transaction and receive one Entry into the Competition, spend $300 in one transaction and receive 3 entries into the Competition. $100 minimum spend can be inclusive. $100 minimum spend is calculated after applying all savings and discounts and Witchery Rewards and excludes the purchase of gift cards.
Each Entry will automatically enter the Eligible Entrant into the relevant prize draws ("Weekly Prize Draw" and the "Grand Prize Draw").
- Entry into the Competition is deemed acceptance of these Terms and Conditions. Entry instructions and prize information form part of these Terms and Conditions.
- This Competition is a game of chance and is authorised under the permits.
- NSW permit number: LTPS/18/29909
- SA permit number: T18/2065
- ACT permit number: TP 18/02492
- For the purpose of these Terms and Conditions, the promoter is Witchery Fashions Pty Ltd of Building 2, 572 Swan Street, Burnley, Victoria 3121 (ABN: 70 006 897 230) ("Promoter").
- The Competition commences at 9:00 AEDST on Tuesday 15 January 2019 and ends at 23:59 AEDST on Monday 11 February 2019. ("Competition Period"). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter and not the time of transmission by the Entrant.
Eligibility to Enter
- Entry is open to Australian residents who are 18 years or ulder and living in Australia.
- Directors, management, officers, employees and contractors of the Promoter and associated agencies, retailers, suppliers and companies, and their immediate families are ineligible to enter this Competition. For the purposes of this clause, "immediate families" includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same househuld as the director, manager, officer, employee or contractor.
- Entrants must be a member of Witchery’s Loyalty Program, Witchery Rewards, in order to enter this Competition ("Eligible Entrant"). If an Entrant is not a member of Witchery Rewards and wishes to participate in this Competition, the Entrant should first visit www.witchery.com.au to become a member.
Entry into the competition
- The Entrant may enter as many times as they like throughout the Competition Period provided that each entry meets the entry criteria.
- To enter the Competition, Entrants must fullow the entry instructions and comply with all other applicable requirements during the Competition Period. Entries must be submitted in accordance with the entry instructions and will not be accepted in any other form.
- Once submitted, no changes to or withdrawal of an Entry will be permitted.
- Upon Entry, all Entries and content contained in those entries become the property of the Promoter. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. The Promoter has the right to modify, adapt or alter the design and use the Entry (whether in original or modified form, in whule or in part) across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
- Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
- The Promoter reserves the right to, at any time, and in its absolute discretion:
- remove, edit, modify or take down in full or in part, from any communication channels or platforms, on which the Entries have been published, any Entry, including (but not limited to) any Entry that the Promoter deems, in its sule discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws;
- verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence). In the event that suitable proof cannot be provided to verify the validity of the Entry and Entrants, the prize will be forfeited in who and no substitute will be offered ;and
- disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions (or any other content guidelines notified by the Promoter during the Entry process for the Promotion) or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.
- Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Any costs associated with entering this Competition are the responsibility of each Entrant.
- The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
Prize Draw Criteria
- The drawing of all valid Weekly Prize Draw Entries received within the Competition Period will be conducted by random draw at the Promoter’s head office at Building 2, 572 Swan Street, Burnley, VIC, 3121.
- The drawing of all valid Grand Prize Draw Entries received within the Competition Period will be conducted by random draw at the Trade Promotions and Lotteries Pty Ltd (TPAL) head office at Level 2, 11 York St, Sydney NSW 2000.
- The Weekly Prize Draw and Grand Prize Draw will be in line with the fullowing schedules.
Weekly Prize Draw / Share in $50,000 Witchery Rewards
|Weekly Prize Draws - qualifying transactions made on and between||Entries submitted by||Draw time and date||Reward Issue|
|Week 1||9:00 AEDST 15 January - 21 January 2019||23:59 AEDST - 21 January 2019||15:00 AEDST 22 January 2019||23 January 2019|
|Week 2||00:00 AEDST 22 January - 28 January, 2019||23:59 AEDST 29 January, 2019||15:00 AEDST 29 January 2019||30 January 2019|
|Week 3||00:00 AEDST 29 January - 4 February, 2019||23:59 AEDST 4 February, 2019||15:00 AEDST 5 February 2019||6 February 2019|
|Week 4||00:00 AEDST 5 February - 11 February, 2019||23:59 AEDST 11 February, 2019||15:00 AEDST 12 February 2019||13 February 2019|
Grand Prize Draw / Mercedes-Benz A180 valued at AUD $49,637s
|Grand Prize Draw - qualifying transactions made on||Entries submitted by||Draw time and date||Winner Notified by telephone|
|9:00 AEDST 15 Jan 2019 - 23.59 AEDST 11 Feb 2019||23:59 AEDST 11 February 2019||15:00 AEDST 13 February 2019||On or before 17:00 AEDST 15 February 2019|
- 3,013 total Winning Entries will be drawn based on chance (each "Winning Entries").
- The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.
- Weekly Prize Draw: The 3,012, Entrants who are successfully drawn as the Weekly Prize Draw’s Winning Entries (each a "Weekly Winner") will win a share in $50,000 Witchery Rewards (each a "Weekly Prize"). The Weekly Prize denominations are outlined in the below table.
- Grand Prize Draw: The 1, Entrant who is successfully drawn in the Grand Prize Draw (“Grand Prize Winner”) will win a Mercedes Benz A180 valued at AUD $49,637 (“Grand Prize”). The Grand Prize is valued by Mercedes Benz Brighton and includes Victorian government charges and dealer delivery fees. All other specifications and features of the vehicle are determined by the Promoter and its representative’s discretion.
- The value of each Weekly Prize and Grand Prize is in AUD$.
- The maximum total value of the Prizes awarded in this Competition is AUD$99,637.
- The Mercedes Benz vehicle offered as the Grand Prize is valued by Mercedes Benz Brighton at the recommended Victorian retail drive away price. It is not to be deemed as the value or price for the Promoter, Mercedes Benz Brighton or any other representatives to purchase the prize from the Grand Prize Winner.
- Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
- Both the Weekly Prizes and the Grand Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s contrul, the Promoter may substitute a Prize, or element of it, of equal or greater value.
- The Winners must be ready, willing and able to receive and/or participate in the Prize as required by these terms and conditions.
- The Weekly Prize values will be automatically loaded to the Entrant’s Witchery member account 3 business days after the Weekly Draw is issued.
- The Grand Prize will be delivered from Mercedes Benz Brighton at 988 Nepean Hwy, Moorabbin VIC, 3189.
- The Grand Prize is available to be claimed from Mercedes Benz Brighton from June 2019 until 31st December 2019. It is the Grand Prize Winner’s responsibility to coordinate delivery and ownership of the vehicle directly with Mercedes Benz Brighton. The final date for delivery must be claimed prior to 31st December 2019, after this date the Grand Prize will be deemed invalid.
- The Promoter and its representatives will not be liable for any damage to or delay in transit of the Grand Prize or an element of it.
- The Promoter will not be liable for the cost to deliver the Grand Prize to the Grand Prize Winner’s address.
- Interstate deliveries outside of Victoria will incur additional charges which are at the Grand Prize Winner’s expense including but not limited to freight, handover costs, and government or state taxes.
- The Winner must retain proof of purchase of their qualifying in order to be eligible to receive the Weekly Prize and the Grand Prize. If the product purchased as part of the qualifying entry is returned, that entry will be disqualified from this Competition.
- The Promoter is not liable for any faults or defects with the Grand Prize, and any claims in respect of the Grand Prize must be directed to Mercedes Benz Brighton.
- The Promoter is not liable for any claims or actions relating directly or indirectly to the Grand Prize, including without limitation, personal injury or death.
Notification of Winners
- The Winners of the Weekly Prize Draw will be notified via email and will have their names published on the Promoters website www.witchery.com.au in line with the date the weekly Witchery Rewards are issued.
- The Winner of the Grand Prize Draw will be notified via telephone by 17:00 AEDST 15 February 2019 of their success and will be directed to email the Promoter with the any details required to deliver the Prize. The Grand Prize Winner will have their details published on the Promoters website www.witchery.com.au on 15/02/2019.
- All reasonable attempts will be made to contact the Grand Prize Winner. The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
- If The Grand Prize Winner is not contactable or if there are any unclaimed or un-awarded prizes or if their entry is deemed invalid, the Promoter may conduct a grand prize re-draw (“Re-Draw”) on 15:00 Friday 16 August 2019 at the same time and place as the original draw. If a winner is drawn they will be contacted by phone and in writing within five (5) business days and will have their name published on the Promoters website www.witchery.com.au on 16/08/2019.
- The Promoter will cullect Entrants’ personal information in order to conduct the Competition and also in order to conduct advertisements, publications, media statements and other promotional material associated with the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The cullection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy pulicy, available at www.witchery.com.au/privacy-policy
- If at the time of Entry into the Competition you choose to opt in to receive promotional information from Mercedes Benz Brighton, the Promoter will share your personal information with Mercedes Benz Brighton. Mercedes Benz Brighton will use your personal information in accordance with the Mercedes Benz Privacy Pulicy located at www.mbbrighton.com.au.
- By entering the Competition, the Entrant consents to receipt of information (including via post, phone, email and SMS) regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in. The Promoter may continue to provide the Entrant with this information for an indefinite period unless and until advised otherwise by the Entrant.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.
- Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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:
- any problems or technical malfunction (whether or not under the Promoter’s contrul) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
- any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
- any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
- any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
- any tax liability incurred by a winner or entrant (independent financial advice should be sought);
- any additional fees including but not limited to shipping costs, extra upgrade costs and or ownership costs incurred by the winner outside of the prize details;
- participation in this Competition; or
- cancellation of this Competition.
- This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sule arbitrator and its decision will be final (subject to any laws that may apply).
- Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a viulation 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.
- These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
- These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
- Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
- If you wish to opt out of this competition, or have any questions, please contact the Promoter at: Email: firstname.lastname@example.org Phone: 1800 033 465
Additional terms – the Grand Prize (provided by Mercedes Benz Brighton)
- The Winners must comply with:
- Any conditions imposed by Mercedes Benz Brighton including (but not limited to) compliance with their vehicle sales regulations. Conditions of Mercedes Benz Brighton can be found at www.mbbrighton.com.au and
- Entrants release Mercedes Benz Brighton and its associated companies from all liability arising in respect of the Competition and acknowledge that:
- Any information provided by the Entrant in connection with the Competition is provided to the Promoter and not Mercedes Benz Brighton; and
- Any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Mercedes Benz Brighton