Information on how to enter this Campaign forms part of these Terms and Conditions.
Completion of the Entry Procedure and participation in this Campaign is deemed acceptance of these Terms and Conditions.
This Campaign is being co-ordinated by the Promoter Ego Pharmaceuticals Pty Ltd.
Any questions or comments regarding the Campaign should be directed to the SunSense Instagram page and not to Instagram.
In these Terms and Conditions and the Campaign, the following terms have the meaning set out opposite them:
SunSense – Summer Cooler Bag Competition
Campaign Period Commences at: 9am AEDST 1 December 2018
Ends at: 11:59pm AEDST 31st March 2019
SunSense Ego Pharmaceuticals Pty Ltd. ABN: 86 005 142 361
21-31 Malcolm Road, Braeside, Victoria 3195, Telephone
03 9586 8800
Eligibility Criteria Persons that:
(a) are residents of Australia aged 18 years of age or older;
(b) are an Instagram member with a current public Instagram Account;
(c) are eligible to take the Prize when required.
(d) are following the @sunsenseaus Instagram page
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
(a) access their Instagram Account;
(b) follow the @SunSenseAus Instagram account;
(c) ensure their page is set to public view so the entry can be accessed;
(d) submit a new creative response via following @SunSenseaus account on Instagram and tagging the image @SunSenseAus on Instagram in response to “ snap a photo of how you’re spending summer with your SunSense cooler bag and tag #SunSenseSummer” posted by the promoter; and
(e) accept these Terms and Conditions
(f) not be a competition or spam account
Instagram Means the social networking application 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 an 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: @sunsenseaus
Available at: www.instagram.com/sunsenseaus/
Judging Criteria Judges will take into account the quality, originality and creativity of the Entry as well as the relevance of the Entry to the Campaign and any other factor that the judges consider relevant in determining the winner(s) of the Prize
Maximum Number of Entries Unlimited
Prize Description of prize: 5x SunSense $200 gift packs. Each pack contains a range of SunSense products of the winner’s choice, to the value of RRP $200.00 total per pack.
Value of prize (AUD): RRP $200.00 per pack.
Total Prize Pool Value (AUD): $1000.00
Promoter Name: Ego Pharmaceuticals Proprietary Limited
ABN: 86 005 142 361
Address: 21-31 Malcolm Road, Braeside, Victoria 3195, telephone 03 9586 8800
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
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.
Participation in this Campaign is only open to those persons who meet the Eligibility Criteria.
Employees (and their immediate families) of the Promoter 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).
The Promoter 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.
Any costs associated with meeting the Eligibility Criteria must be met by that person and not Promoter.
This Campaign is a game of skill and chance plays no part in determining the Winner.
To enter, eligible persons must complete the Entry Procedure during the Campaign Period.
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 The Promoter and not at the time of transmission.
Where the Entry Procedure caps the maximum number of words allowed, only the first words up to that cap will be considered as part of the Entry and all subsequent words will be disregarded. Each image will be counted as one word.
Entrants are limited to the Maximum Number of Entries. Multiple Entries (where permitted) must be submitted separately and be substantially unique to the previous Entries. Where an Entrant attempts to submit more than the Maximum Number of Entries, all additional or subsequent Entry(s) will be disqualified and ineligible for a Prize.
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.
Each Entry must be relevant to the Campaign as determined by The Promoter in their absolute discretion. The Promoter 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.
The Promoter reserves the right, at any time, to verify compliance with the Entry Procedure, and to disqualify any Entrant that tampers, interferes or manipulates the Entry Procedure.
Errors and omissions may be accepted at The Promoter’s discretion however failure by The Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
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.
If an Entrant would like to remove their Entry from publication on Instagram or from consideration for a Prize, they must request removal via direct message to the SunSense Instagram page, which the 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
Entrants agree to their Entry being used by the Promoter and The Promoter 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.
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.
Without limiting the above, the Entrant indemnifies the Promoter and The Promoter against all loss, damages and costs incurred by the Promoter and or The Promoter as a result of any breach of the above warranties.
Entrants understand, acknowledge and agree that:
- a) Their Entry (or parts thereof) may be posted on the Promoter’s and The Promoter’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.
Unless expressly permitted by these Terms and Conditions, participation in this Campaign does not entitle any person or Entrant to use any of or The Promoter’s intellectual property rights (including any trade mark or content) for any purpose.
Throughout and at the end of the Campaign Period, The Promoter and the Promoter will judge all valid Entries received during the Campaign Period taking into account the Judging Criteria.
All decisions of The Promoter are final and no correspondence will be entered into.
The best five (5) Entries as determined by The Promoter will win one Prize each and be a Winner.
The Winner will be notified via Instagram within 7 days of a determination being made.
The total Prize Pool Value for this Campaign is specified in clause 5.
The Promoter will use its reasonable endeavours to deliver the Prize to the Winner within 28 days of being selected pursuant to the above clauses.
If The Promoter is 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.
It is an Entrant’s responsibility to notify The Promoter 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 The Promoter) the Prize shall be forfeited by the Winner.
Prizes are not transferable or exchangeable and cannot be taken as cash. If any Prize is unavailable, the Promoter may at its discretion substitute the Prize with a prize of equal value.
As a condition of accepting a Prize, a Winner may be requested to sign legal documentation as and in the form required by The Promoter including a release and indemnity form.
Limitation of Liability
To the extent permitted by law, the Promoter (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
The Promoter 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 The Promoter.
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 The Promoter and not to Instagram.
Participation is conditional upon the Entrant complying with all rules, regulations and guidelines set down and amended by Instagram from time to time.
All Entries become the property of the Promoter.
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 Promoter’s social network pages (including without limitation, any marketing communications you opt-in to receive from the Promoter) and in accordance with these Terms and Conditions.
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.
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.