CHARCOAL CLOTHING OFF DUTY IG COMPETITION: TERMS AND CONDITIONS

 

  1. OVERVIEW
  1. This Charcoal Clothing Off Duty IG competition (Competition) is promoted by LB Creative Pty Ltd (ABN 42 609 978 289) (we, us or our).
  2. By entering this Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
  3. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
  4. The Competition:
    1. begins at 12:01am Australian Eastern Standard Time (AEST) on 7 April 2022; and
    2. ends at 11:59pm AEST on 10 April 2022. (Promotion Period). 

 

  1. ELIGIBILITY
  1. The Competition is open to Charcoal Clothing customers, aged 16 years and over at the time of entry.
  2. Employees and contractors of LB Creative Pty Ltd (ABN 42 609 978 289) (and their Immediate Families), our Related Companies and the agencies associated with this Competition are ineligible to enter.  

 

  1. HOW TO ENTER

This Competition is a game of chance. Skill plays no part.

  1. To enter the Competition, entrants (you or your) must, during the Promotion Period:
    1. Like the competition post (Competition Image); and
    2. Tag a friend in a comment on the competition post (Competition Image); and
    3. Follow @charcoal_clothing on Instagram
      1. You need an Instagram account to enter the competition
  2. Multiple entries are permitted.
  3. The Competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
  4. Your profile settings on Instagram must be set to public. Any entry submitted using a private profile setting will be invalid.
  5. We will not accept entries submitted after the end of the Promotion Period. 
  6. The time of each entry will be the time and date displayed on your Instagram entry.
  7. We may, at any time: 
    1. verify the validity of entries and entrants (including your identity and age); and 
    2. disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process. 
  8. Incomplete, indecipherable or illegible entries will be invalid at our discretion.
  9. We are not responsible for incorrect, incomplete, late or misdirected entries.
  10. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final. 

 

  1. DRAW
  1. There will be 1 (one) major winner + 1 (one) runner up.
  2. The winners will be randomly drawn.
  3. We will conduct the draw:
    1. at our office at 17 Huntington Place, Banyo 4014, QLD, Australia (Office Premises)
    2. at 10am AEST on 11 April, 2022.
  4. We may draw additional valid reserve entries and record them in case:
    1. an invalid entry or ineligible entrant is drawn; and
    2. we elect to draw on the reserve entries.

 

  1. OUTCOME
  1. The winners will be notified after 12pm AEST on 11 April, by:
    1. Direct message on Instagram; and
    2. Announcement posted on the Competition Image.
      1. It is your responsibility to notify us in writing if your contact details change.
  2. The names, entries and Instagram handles of the winner and runner-up may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle.
  3. Our draw is final.

 

  1. PRIZES
  1. The major winner will receive the full ‘Off Duty Collection’ (valued at AUD$1,548) and 1 x AUD$250 Charcoal Clothing e-gift Card.
  2. The runner up winner will receive 1 x AUD$250 Charcoal Clothing e-gift card.
  3. The total prize pool for the Competition is valued up to AUD$2,048. 

Prize values are issued in AUD. We accept no responsibility for any change in prize value due to exchange rate, or other, on the date the prize is redeemed.

 

  1. CLAIMING THE PRIZE
  1. To claim the prize, respond to the Instagram direct message with your full name, email address, and phone number.
    1. The major winner will also need to provide size selects for the won pieces (Off Duty Collection).
  2. The prize must be claimed as offered within 28 days of the winner’s announcement.
  3. Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
  4. A prize is not transferable, saleable or equivalent.
  5. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize.
  6. You must comply with all terms and conditions of use of the prize.
  7. Before claiming the prize, we may require you to sign a legal release in a form we determine. 

 

  1. REDRAW
  1. If the winner does not claim their prize within the prescribed time, we will conduct a redraw:
    1. using the same method of draw specified in clause 4;
      1. at the Office Premises.
      2. at 5pm AEST 9 May 2022.
  2. The winner will be notified after 5pm AEST on 20 January 2022 by an email sent to their nominated email address (provided at checkout).

 

  1. ENTRIES
  1. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
  2. You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
  3. We are not liable in any way for your entry to the fullest extent permitted by law.
  4. We may remove or delete any entry without notice for any reason whatsoever.
  5. You warrant and agree that:
    1. you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    2. you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it;
    3. you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
    4. your entry does not contain viruses and will not cause injury or harm to any person or entity; and
    5. you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  1. PERSONAL INFORMATION
  1. Entries may be entered into a database.
  2. By entering this Competition, you consent to us:
    1. publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
    2. using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
    3. If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below.
  1. LIABILITY
  1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
  2. Subject to clause 11(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents):
    1. are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;
    2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and
    3. exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill, or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:
      1. any technical difficulties or equipment malfunction (whether or not under our control); 
      2. any theft, unauthorised access or third party interference; 
      3. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise); 
      4. any variation in prize value or specification; 
      5. any tax liability or similar charge incurred by the winner or the runner-up; or 
      6. use of a prize by the winner or the runner-up.
      7. We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.
  3. You are solely responsible for any costs associated with accessing the promotional websites on our Instagram page, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.
  4. Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.
  1. DISRUPTION TO COMPETITION
  1. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law: 
    1. disqualify any entrant who tampers or interferes with the entry process; or 
    2. subject to required regulatory approval, cancel, terminate, modify, reschedule, or suspend the Competition, as appropriate.
    3. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred in our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.
  1. GENERAL
  1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
  2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
  1. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Queensland, Australia.
  2. The promoter of this Competition is LB Creative Pty Ltd (ABN 42 609 978 289) of 17 Huntington Place, Banyo, Queensland, 4014, Australia
  3. If you have any questions or issues regarding these Terms or how this Competition is conducted, you may contact us at info@charcoalclothing.com.au. We will determine how any issues will be resolved.
  1. DEFINITIONS
  1. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, or technical failures.
  2. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew, or sibling.
  3. Intellectual Property Rights means all patents, rights to inventions, copyright, trademarks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
  4. Personal Information has the meaning in the Privacy Act 1988 (Cth).
  5. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).