Game of Chance – Instagram Promotion

QV Ceramides Social Micro Influencer Competition T&Cs (September 2020)

GAME OF CHANCE– INSTAGRAM PROMOTION

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Completion of the Entry Procedure and participation in this Campaign is deemed acceptance of these Terms and Conditions.

3. This Campaign is being coordinated by Channel T on behalf of the Promoters. Any reference to Channel T includes and is intended to be a reference to the Promoters also.

4. Any questions or comments regarding the Campaign should be directed to the QV Skincare Instagram Page and not to Instagram.

Definitions

5. In these Terms and Conditions and the Campaign, the following terms have the meaning set out opposite them:

Campaign

Campaign Period

Commences at: 22nd September 12pm AEST

Ends at: 8th October 12pm AEST

Draw: 16th October 12pm AEST by way of computer generated draw 

Unclaimed prize draw: 30th October 2020

Channel T  Channel T Pty Ltd A.C.N. 118 105 025 of Suite 1A, Level 1, 90 York Street, South Melbourne Victoria 3205

Eligibility Criteria

persons that:

(a) are residents of Australia aged 18 years of age or older;

(b) are a Instagram Member with a current Instagram Account;

(c) are eligible to take the Prize when required.

Entrant a person that meets the Eligibility Criteria and completes an Entry into the Campaign in accordance with these Terms and Conditions

Entry is the result of completing the Entry Procedure in accordance with these Terms and Conditions and includes all content (which includes without limitation any text, images, photos or videos) that is submitted, uploaded, published, created, communicated or used as part of the Entry Procedure

Entry Procedure

Entrants must:

(a) access their Instagram Account;

(b) Go to any of these accounts: @lifewithlittlegods, @_lifewithlou_, @tarynhowes, and/or @living_the_blessed_life_ Instagram Page(s)

(c) Visit the link provided in the Instagram bio of one of the above four Instagram pages and follow the prompts to enter.

(d) Follow @qvskincare on Instagram

(e) accept these Terms and Conditions

(f) For an additional entry, entrants may share an entry link with a friend or visit QV Skincare on Facebook or Instagram.

Instagram means the social networking site available at www.Instagram.com which members of the public can join (subject to the terms and conditions of Instagram)

Instagram Account an account with Instagram set up by a Instagram Member

Instagram Member a person who has registered, been accepted as, and continues to be a member of Instagram and bound by Instagram terms and conditions

Instagram Page

Name of the page: @qvskincare, @lifewithlittlegods, @_lifewithlou_, @tarynhowes, and/or @living_the_blessed_life_ Instagram Page(s)

Available at:

https://www.instagram.com/qvskincare/

https://www.instagram.com/lifewithlittlegods/

https://www.instagram.com/_lifewithlou_/

https://www.instagram.com/tarynhowes/

https://www.instagram.com/living_the_blessed_life_/

Judging Criteria 

Judges will take into account the entrant’s compliance with the entry requirements when selecting winners. 

Maximum Number of Entries

Unlimited

Prize 

Prizes will be dispatched within 28 days of receiving the winner(s) postal address.

1 of 10 prize packs, including:

  • QV Intensive with Ceramides Light Moisturising Cream 350mL RRP $26.99 

  • QV Intensive with Ceramides Hydrating Body Wash 350mL RRP $23.49 

  • QV Intensive with Ceramides Sting-free ointment 200g RRP $21.95

  • QV Cape and QV Mask RRP $30.00

Total prize value $102.43. Total prize pool value $1,024.30.

Promoters

Name: Ego Pharmaceuticals Holdings Pty Ltd

ABN: 34 613 741 352

Address: 6 Oppenheim Way, Dandenong South VIC 3175

Terms and Conditions

Means these Terms and Conditions and includes any variations or amendments

Winner

Means a Prize winner selected pursuant to these Terms and Conditions

6. In addition, unless otherwise stated, in these Terms and Conditions and the Campaign:

a) All monetary values are in Australian Dollars;

b) All values and amounts that appear in these Terms and Conditions are inclusive of GST;

c) Headings are for reference purposes only.

Eligibility

7. Participation in this Campaign is only open to those persons who meet the Eligibility Criteria.

8. Employees (and their immediate families) of the Promoters and Channel T are ineligible to enter. Immediate families include: spouse, child (natural or adopted), parent, grandparent, siblings, uncle, aunt, niece, nephew or cousin (by blood, marriage or relationship).

9. Channel T reserves the right, at any time, to verify the eligibility of an Entrant and to disqualify any Entrant that does not meet the Eligibility Criteria.

10. Any costs associated with meeting the Eligibility Criteria must be met by that person and not Channel T or the Promoters.

Entry

11. This Campaign is a game of chance and chance plays a part in determining the Winner.

12. To enter, eligible persons must complete the Entry Procedure during the Campaign Period. Entrants must correctly follow the entry procedure in order to be eligible.

13. Entries not completed in accordance with these Terms and Conditions will be rejected and any late, incomplete, indecipherable or illegible Entries will be deemed invalid. Entries will be deemed accepted at the time of receipt by Channel T and not at the time of transmission.

14. Multiple Entries permitted following the prompts on the entry website.

15. Where an Entry is capable of being edited, the time of the edit will be deemed to be the time that the Entry was submitted and only the final edited Entry will be considered. Any Entry that is edited after the Campaign Period will be disregarded and the previous unedited Entry will be included for judging.

16. Each Entry must be relevant to the Campaign as determined by Channel T in their absolute discretion. Channel T reserves the right to review the Entries during the Campaign Period and remove and reject any which are offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the Campaign.

17. Channel T reserve the right, at any time, to verify the validity of entries and entrants (including an 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. 

18. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

19. Errors and omissions may be accepted at Channel T's discretion however failure by Channel T to enforce any of their rights at any stage does not constitute a waiver of those rights.

20. Any costs associated with applying, entering or participating in the Campaign (including internet access and download charges) will be at the cost of the Entrant.

21. If an Entrant would like to remove their Entry from publication on Instagram or from consideration for a Prize, they must request removal via Private Message to the QV Skincare Instagram Page which request will be attended to within 14 days of a request being made. Once removed, that Entry will no longer be eligible for a Prize.

Consents and warranties on entry

22. Entrants agree to their Entry being used by the Promoters and Channel T in the future and grant them a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable transferable licence to use, reproduce, modify, adapt, publish and display the Entry for any purpose in any media without compensation, restriction on use, attribution or liability. Entrants warrant that they have full authority to grant these rights and will not assert any moral rights in respect of the Entry.

23. Entrants warrant and agree that:

a) They will not submit, produce, upload or share any content that is fraudulent, or may be in breach of any intellectual property, privacy or other rights;

b) No rights in the Entry have been previously granted to any person, corporation or entity;

c) They will obtain full prior consent from any person who has jointly created or has any rights in the Entry or who appears (or who's property appears) in the content forming part of the Entry;

d) They will comply with all applicable laws and regulations including without limitation those governing copyright, content, defamation, privacy, publicity and the access of use of others' computer or communication systems.

25. Without limiting the above, the Entrant indemnifies the Promoters and Channel T against all loss, damages and costs incurred by the Promoters and or Channel T as a result of any breach of the above warranties.

24. Entrants understand, acknowledge and agree that:

a) Their Entry (or parts thereof) may be posted on the Promoters’ and Channel T's website and available for public viewing; and

b) By participating in this Campaign, information, links or names may be displayed on the Instagram App or their Instagram news feed or timeline.

25. Unless expressly permitted by these Terms and Conditions, participation in this Campaign does not entitle any person or Entrant to use any of the Promoters’ or Channel T's intellectual property rights (including any trademark or content) for any purpose.

Judging

26. At the end of the Campaign Period, Channel T and the Promoters will judge all valid Entries received during the Campaign Period taking into account the Judging Criteria.

27. All decisions of Channel T and the Promoters are final and no correspondence will be entered into.

Prizes

28. 10 entries will be randomly selected and each entrant will receive a prize.

29. The Winners will be notified by email on 16th October 2020.

30. The total Prize Pool Value for this Campaign is specified in clause 5.

31. Channel T will use its reasonable endeavours to deliver the Prize to the Winner within 28 days of being selected pursuant to the above clauses.

32. If Channel T are unable to contact a Winner, or the Winner does not claim their Prize within three (3) months of being notified they are a Winner, then that Winner will forfeit their Prize and no cash or other prize will be awarded in lieu.

33. It is an Entrant’s responsibility to notify Channel T if their personal details change during the Campaign Period. If a Winner fails to provide a valid or complete address for delivery of the Prize, or delivery has not been successful to an address provided (after reasonable attempts by Channel T) the Prize shall be forfeited by the Winner.

34. Prizes are not transferable or exchangeable and cannot be taken as cash. If any Prize is unavailable, the Promoters may at its discretion substitute the Prize with a prize of equal value.

35. If a Prize includes a voucher, the voucher is only valid until the expiry date specified on the voucher or by the provider, and is subject to the terms and conditions imposed by the provider. The Promoters and Channel T will not be liable for any voucher that is lost, stolen, damaged or tampered with after it is awarded

36. As a condition of accepting a Prize, a Winner may be requested to sign legal documentation in the form required by the Promoters or Channel T including a release and indemnity form.

Limitation of Liability

37. To the extent permitted by law, the Promoters and Channel T (and their respective officers, contractors, employees, agents and representatives) will not be liable for any personal injury, loss (including loss of opportunity), damage (including, but not limited to, direct, indirect or consequential loss), cost, expense or claim arising from or in relation to:

a) the Campaign;

b) any Entry or the Entry Procedure;

c) any variation in the value of a Prize;

d) any tax liability incurred as a result of being awarded a Prize;

e) any Prize that is late, lost, altered, damaged or misdirected; or

f) the use of the Prize.

Variation to Campaign

38. Channel T may in its absolute discretion, but subject to State and Territory laws, modify, suspend, cancel, recommence or extend this Campaign as appropriate if:

a) for any reason, this Campaign is not capable of running as planned due to technical, hardware or software failures or interferences, or changes to third party sites or platforms, which affect the administration, operation, security, fairness, integrity or proper conduct of the Campaign;

b) the level of interest or participation in the Campaign is insufficient or there has been some delay in commencing the Campaign; or

c) the Entry Procedure, determination of Winners or delivery of Prizes is prevented, hindered or affected by any external agent or event beyond the reasonable control of Channel T

Instagram Acknowledgements

39. Participation in this Campaign is considered acceptance of the following:

a) a complete release of Instagram for any liability whatsoever of the Entrant;

b) an acknowledgement that this Campaign is in no way sponsored, endorsed or administered by, or associated with Instagram; and

c) that the information provided by each Entrant is provided to Channel T and the Promoters and not to Instagram.

40. Participation is conditional upon the Entrant complying with all rules, regulations and guidelines set down and amended by Instagram from time to time.

Personal Information

41. All Entries become the property of the Promoters .

42. The information that each Entrant provides will only be used in connection with, or relating to, the administration of this Campaign and support of the Promoters’ social network pages (including without limitation, any marketing communications you opt-in to receive from the Promoters) and in accordance with these Terms and Conditions.

Personal information that may be collected in association with this Campaign is dealt with in accordance with the  https://www.qvskincare.com.au/privacy-policy.html

General

43. If any term or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms, agreements and conditions shall not be affected.

44. These Terms and Conditions are to be interpreted in accordance with the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.

45. 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 (“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.

46. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised 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 a winner or entrant; or (f) use of a prize.