Win a Mercedes-Benz A180+
In Australian Witchery stores and online at www.witchery.com.au
The Competition commences at 10:00 AEDST on Tuesday 21 January 2020 and ends at 23:59 AEDST on Monday 10 February 2020 (“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.
- Australian residents aged 18 years and over, and living in Australia.
- At the time of submitting an entry, Entrants must be a member of Witchery’s Loyalty Program (“Witchery Rewards”). In order to participate in this Competition, Entrants must be “opted-in” to receive emails from Witchery prior to making a transaction (“Eligible Entrant”).
- If an Entrant is not a member of Witchery Rewards and wishes to participate in this Competition, the Entrant should, during the Competition Period, first visit https://www.witchery.com.au/witchery-rewards to become a member.
- If an Entrant is a member of Witchery Rewards and wishes to opt-in to receive emails from Witchery in order to participate in the Competition, the Entrant should sign into their Witchery Rewards account and update their preferences by visiting www.witchery.com.au
- Directors, management, officers, employees and contractors of the Promoter and associated agencies, retailers, suppliers and companies, and their immediate families.
- 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.
How to enter
To enter the Competition, the Eligible Entrant must:
- Sign up or sign in to Witchery Rewards and Spend AU$100 or more in a single transaction at a Witchery store (under a Witchery Rewards account) in Australia or at Witchery online (www.witchery.com.au) during the promotional period.
- Within 24 hours of spending AU$100 or more in a single transaction, the Entrant will receive an entry email from Witchery and must click the ‘Enter Now’ button to be entered into the prize draw (“Entry”).
Witchery Rewards Members must be opted-in to receive emails prior to making a transaction to be eligible.
Transactions made at Witchery David Jones concession stores in David Jones are ineligible.
Any costs associated with entering this Competition are the responsibility of each Entrant.
Limits of Entry
- Multiple entries are permitted within a single transaction e.g. if an Eligible Entrant has spent AU$100 with Witchery in one transaction during the Competition Period, the Eligible Entrant will receive one entry email from Witchery. If an Eligible Entrant has spent AU$300 in one transaction during the Competition Period, the Eligible Entrant will receive one entry email from Witchery and automatically receive three entries into the draw. If an Eligible Entrant spends AU$100 in a single transaction and AU$100 in a secondary single transaction, the Eligible Entrant will receive two entry emails from Witchery.
- AU$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 (“Runner Up Prize Draw” and the “Grand Prize Draw”).
- Once submitted, no changes to or withdrawal of an Entry will be permitted.
- Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
- An 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, defamatory, discriminatory, libellous, pornographic, or otherwise objectionable or inappropriate, or capable of violating any law or giving rise to any civil liability. The time of entry will be deemed to be the time the entry is received by the Promoter after the Entrant has clicked the ‘Enter Now’ button on the entry email, and not the time the transaction was made by the Entrant.
- This Competition is a game of chance and skill plays no part in determining the Winners.
- 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.
A Major Prize draw of all valid Entries received within the Competition Period will be drawn in the presence of an independent scrutineer at Trade Promotions and Lotteries Pty Ltd (TPAL) head office at Level 2, 11 York St, Sydney NSW 2000, at 15:00 AEDST on 12 February 2020 where one winner will be selected (“Grand Prize Winner”).
A Runner Up draw of all valid Entries received within the Competition Period will be drawn in the presence of an independent scrutineer at Trade Promotions and Lotteries Pty Ltd (TPAL) head office at Level 2, 11 York St, Sydney NSW 2000, at 15:00 AEDST on 12 February 2020 where 500 runner up winners will be selected (each a “Runner Up Prize Winner”).
An Eligible Entrant may win more than one prize in the Competition.
The Grand Prize Winner will win a Mercedes-Benz A180 (“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 the Grand Prize is, at the time of publication of these terms and conditions, AUD$48,446.40.
The 500 Runner Up Prize winners will each win an AU$100 Witchery Reward (“Runner Up Prize”).
Total Prize Details
The maximum total value of the Prizes awarded in this Competition is AUD$98,446.40.
Notification of Winners
The Runner Up Winners will be notified via email and will have their names published on the Promoter’s website www.witchery.com.au by 17:00 AEDST on Friday 14 February 2020.
The Grand Prize Winner will be notified via telephone call by 17:00 AEDST on Friday 14 February 2020 of their success and will be directed to email the Promoter with any details required to deliver the Grand Prize. The Grand Prize Winner will have their details published on the Promoter’s website www.witchery.com.au on 14 February 2020.
The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
The Grand Prize may be collected from Mercedes Benz Brighton, located at 988 Nepean Highway, Moorabbin Victoria, between 17 February 2020 and 30 June 2020 (“Grand Prize Redemption Period”) on production of photo identification by the Grand Prize Winner.
Alternatively, at the election of the Grand Prize Winner, the Grand Prize will be delivered to the Grand Prize Winner at an agreed time and at no cost to the Grand Prize Winner.
The Runner Up Prizes will be credited to Witchery Rewards Accounts of the Runner Up Prize Winners on or before 17 February 2020.
Second Chance Prize Draw
The Promoter reserves the right to appoint a new winner if:
- Winner cannot be contacted within 3 months; or
- if the Grand Prize cannot be redeemed by the Grand Prize Winner; or
- if the Grand Prize is not redeemed in the Grand Prize Redemption Period.
A Second Chance Draw of all valid Entries received within the Competition Period will be drawn in the presence of an independent scrutineer at Trade Promotions and Lotteries Pty Ltd (TPAL) head office at Level 2, 11 York St, Sydney NSW 2000, at 15:00 AEDST on 12 May 2020 where one second chance winner will be selected.
The Second Chance Winner will be notified via telephone call by 17:00 AEDST on Thursday 14 May 2020 of their success and will be directed to email the Promoter with any details required to deliver the Grand Prize. The Second Chance Winner will have their details published on the Promoter’s website www.witchery.com.au on 14 May 2020.
The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
NSW permit number: LTPS/20/41213
A permit number: T19/2192
ACT permit number: TP 19/04964
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.
The Winners must be ready, willing and able to receive and/or participate in the Prize as required by these terms and conditions.
Additional Terms - Associated with The Grand Prize
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 https://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
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 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.
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.
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.
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.
Australian Consumer Law
The Promoter shall not be liable for any loss, damage or injury suffered or sustained as a result of accepting and/or using a Prize in relation to the promotion, except for any liability which cannot be excluded by law.
Any prize supplied by a third party supplier is subject to the terms and conditions of that third party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third party supplier or otherwise as a result of the winner accepting and/or using the prize, except for any liability which cannot be excluded by law. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
If in the conduct of this Promotion, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any other commonwealth, state or territory law that cannot be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
Without limiting the previous paragraph, the Promoter will not be liable for any damage, loss or delay in transit to the prize.
This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification.
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.
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.
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.