WITCHERY DENIM INSTAGRAM COMPETITION TERMS AND CONDITIONS
To enter, the Entrant must follow @witcheryfashion on Instagram and complete the following steps
i. Post a photo to your Instagram account wearing your favourite Witchery denim, tagging #witcherydenim
ii. In the caption, tell us in 25 words or less: “how you style your Witchery denim” (“Entry”).
1) Entry into the Competition is deemed acceptance of these Terms and Conditions. Entry instructions and prize information form part of these Terms and Conditions.
2) For the purpose of these Terms and Conditions, the promoter is Witchery Fashions Pty Ltd. of Building 3, 658 Church Street, Richmond, Victoria (ABN: 70 006 897 230) (“Promoter”).
3) The Competition commences at 12:00pm AEST on 28 July 2017 and ends at 11.59pm AEST on 13 August 2017 (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.
4) 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
5) Entry is open to Australia and New Zealand residents who are 18 years or older and living in Australia or New Zealand.
6) 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 household as the director, manager, officer, employee or contractor.
Entry into the Competition
7) Entrant may enter as many times as they like throughout the Competition Period provided that each entry is unique and original.
8) To enter the Competition, Entrants must follow 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.
9) Entrants must set their Instagram account to public. If an Entrant’s Instagram account is set to private their Entry will not be accepted by the Promoter.
10) Entries must contain the Entrant wearing a piece of denim purchased from Witchery.
11) Each Winner’s Winning Entry may be re-grammed on the Promoter’s Instagram account. Entrants must not ‘unfollow’ the Witchery Instagram account for the duration of the Competition. Entries where an Entrant has ‘unfollowed’ the Witchery Instagram account before the end of the Competition Period will be deemed to be invalid.
12) An Entrant’s Entry must not be late, incomplete or incomprehensible or contain any content that infringes the rights (including intellectual property rights) of any person or is unlawful, obscene, offensive, indecent, defamatory, discriminatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise objectionable or inappropriate (which includes, without limitation, any content involving excessive violence, malice or swearing), capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
13) Once submitted, no changes to or withdrawal of an Entry will be permitted.
14) 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 whole 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.
15) All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.
16) Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
17) By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause. The Promoter reserves the right to verify, or to require the Entrant to verify, that the Entry is the Entrant’s original work. If an Entry cannot be verified to the Promoter’s satisfaction, the Entry will be deemed invalid.
18) 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 sole 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.
19) 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.
20) Any costs associated with entering this Competition are the responsibility of each Entrant.
21) 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.
22) Judging of all valid Entries received within the Competition Period will be conducted by a panel of judges at the Promoter’s head office at Level 2, Building 10, 658 Church Street, Richmond, VIC, 3121 by 5:00pm AEST on 16 August 2017.
23) One winning Entry will be selected based on the creativity of the response (“Winning Entry”).
24) This Competition is a game of skill and chance plays no part in determining the Winner.
25) 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.
26) The one Entrant who submits the Winning Entry (“Winner”) will win an AUD$1000 Witchery Gift Card (“Prize”).
27) The value of the Prize is AUD$1000.
28) The 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 control, the Promoter may substitute a Prize, or element of it, of equal or greater value.
29) The Winner must be ready, willing and able to receive and/or participate in the Prize as required by these terms and conditions.
30) The Promoter and its representatives will not be liable for any damage to or delay in transit of the Prize or an element of it.
31) The Prize will only be valid and able to be redeemed within 12 months from the date of the Prize being issued, as specified on the gift card/voucher and may only be redeemed in accordance with the Promoter’s standard terms and conditions relating to gift cards/vouchers, available at www.witchery.com.au/help/terms-and-conditions. Once awarded, the Promoter is not liable for any gift card/voucher that has been lost, stolen, forged, damaged or tampered with in any way.
Notification of Winners
32) The Winners will be notified via Instagram direct message by 5:00pm AEST on 16 August 2017 of their success and will be directed to email the Promoter with any details required to deliver the Prize.
33) The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
34) The Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within 24 hours or if the Prize cannot be redeemed by a Winner. This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.
36) Entrants consent to the Promoter using the Entrant’s name, likeness, image and/or voice in the event that they are a Winner (including photograph, film, file and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any goods or services provided by the Promoter.
37) 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.
38) 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.
39) If this Competition 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, the Promoter reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Competition to the full extent permitted by law and subject to any approval or directions from a regulatory authority.
40) 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:
a) any problems or technical malfunction (whether or not under the Promoter’s control) 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;
b) 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;
c) 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;
d) any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
e) any tax liability incurred by a winner or entrant (independent financial advice should be sought);
f) participation in this Competition; or
g) cancellation of this Competition.
41) 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 sole arbitrator and its decision will be final (subject to any laws that may apply).
42) 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 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.
43) 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.
44) These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
45) 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.
46) The Promoter can be contacted at:
Phone: 1800 033 465 (AUS) or 0800 300 034 (NZ)
Additional terms – Instagram
48) Entrants release Instagram and its associated companies from all liability arising in respect of the Competition and acknowledge that:
- The Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram;
- Any information provided by the Entrant in connection with the Competition is provided to the Promoter and not Instagram; and
- Any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Instagram.