ATLAS X SHEIKE COMPETITION
TERMS AND CONDITIONS
PART A
1. Promoter: SHEIKE & Co Pty Ltd t/as SHEIKE (ACN 001 784 283, ABN 22 001 784 283 (Promoter)
2. Entry Requirements: Entrants must be at least 18 years of age and must reside in the Australia to be eligible for an entry. The Entrant must comment on SHEIKE’s Instagram competition post stating their favourite item from the ATLAS x SHEIKE collection and tag another Instagram user. The entrant must be following @sheikeandco on Instagram to be eligible for an entry.
3. Maximum entries: Unlimited entries permitted. Each Instagram comment tagging a different Instagram user represents one entry.
4. Number of winners: There will be a maximum of one (1) winner for all Entrants in the Promotion Period in accordance item 6 (Winner).
5. Territory: New South Wales, Queensland, Northern Territory, Victoria, Western Australia and South Australia.
6. Promotion Period: Competition commences 7pm AEDT on Friday 5 January 2024 and ends at 11:59pm AEDT on Friday 12 January 2024.
7. Prize: The winner will receive 1 x SHEIKE x ATLAS Summer Pack (includes 1 x ATLAS Shirt, 1 x ATLAS Sarong, 1 x ATLAS Bucket Hat and 1 x ATLAS Beach Bag) and 1 x ATLAS framed original artwork piece.
For the purposes of this Competition, the total prize pool for the Promotion Period is estimated to be no more than $2,000.00.
The Prizes must be taken as stated and are not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be redeemed for cash or used on lay-by. Any additional expenses incurred as a result of winning the prizes are the sole responsibility of the Winner.
8. Prize date and selection of winners: All entries for each Promotion Period will be allocated a number and then drawn using a random number generator (random.org) at 60 Mary Street, St Peter’s, NSW 2044 (Head Office) at 10:00am AEDT, Monday 15 January 2024.
9. Publication of winners: The winner will be personally notified by Instagram Direct Message within (2) business days of the draw. The Winner’s name will be published at https://www.sheike.com.au/pages/terms-conditions within two (2) business days of the draw. Entrants who are not winners will not receive any notification at all. The Winner must provide the contact details requested by SHEIKE in order to receive the Prize, which will be delivered via email or such other method as SHEIKE requires.
10. Winner eligibility: To be eligible to win, the Winner must have complied with the requirements set out in item 2 above. Employees of Promoter and family members of employees of Promoter are not eligible to win.
PART B
1. Information on how to enter and information provided in Part A form part of these terms and conditions and by entering into this Competition, each Entrant is deemed to have accepted and understood these terms and conditions. The Entrant agrees that these terms and conditions constitute all of the terms and conditions between the Entrant and Promoter governing this Competition.
Participation
1. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all of the Entry Requirements.
2. Entry is open to residents of the Territories set out in Part A.
3. The Competition will be open during the Promotion Period set out in Part A. All eligible entries must be received by Promoter during this time. Entries are deemed to be received at the time of receipt by Promoter and not at the time of transmission by the Entrant.
Selection of Winner
1. The Winner will be selected by at the method set out and on the date outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
2. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
3. As a condition of entry, each Entrant agrees that Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph) in any marketing and the winner will not be entitled to any fee for such use.
4. Subject to the terms in Part A, if for any reason, a prize or element of a prize is unclaimed by the Winner (including where the Winner does not confirm a time/location for collection of their prizes) within three (3) months of the drawing date, despite reasonable steps by Promoter to contact the Winner, the prize will be re-drawn at 2:00pm AEDT the following Friday , in the same manner and at the same place as paragraph 5 or in accordance with requirements of the NSW Office of Gaming, Liquor and Racing. If after this redraw, a prize or element of a prize is unclaimed by the Winner (including where the Winner does not confirm a time/location for collection of their prizes) within three (3) months of the drawing date the Winner will forfeit the prize and no substitute will be offered.
Personal information
1. As a condition of entering this Competition, Entrants agree to provide personal information to Promoter. Personal information collected during the course of this Competition will be dealt with in accordance with Promoter’s Privacy Policy, located at https://www.sheike.com.au/pages/privacy-policy. Personal information submitted may be provided to third parties for the purpose of administering this Promotion and distributing the prizes, including to agents, contractors and prize suppliers. Promoter may also use this personal information to contact you regarding, marketing, offers or Promotions from time to time.
2. As a condition of entry, each Entrant agrees that Promoter may use their name (either in full or in part), likeness, voice and image (including any photograph and film) in any marketing and promotion of any products manufactured, distributed and/or supplied by the Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for such use.
Intellectual property
1. By uploading, publishing, transmitting or making available any data, content or other material in connection with this Competition (Entrant Content), the Entrant agrees to grant the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
2. The Entrant warrants and represents that:
1. it holds all the intellectual property rights to the Entrant Content;
2. it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
3. the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party.
1. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest extent of the law, the Promoter shall not be liable in any way for such Entrant Content.
Reservation of rights
1. Promoter reserves the right to request each winner to provide proof of identity or proof of residency at the address specified in their submission in order to claim a prize. Proof of identification and residency is at the absolute discretion of Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
2. Promoter may, in its absolute discretion, modify or cancel the Competition and may administer this Competition in the manner that it considers appropriate in accordance with Australian law, including where the Competition is not capable of running as planned, such as where there has been infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition.
3. Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
1. breached any of these terms and conditions;
2. tampered with the entry process or the Competition;
3. engaged in any unlawful conduct; or
4. engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of Promoter.
Instagram terms
1. The Competition is in no way sponsored, endorsed or administered by, or associated with www.instagram.com and its related mobile application, both being owned by Instagram, Inc. (Instagram).
2. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising out of or in connection with the Competition.
3. The Entrant must not:
1. harass or bully any other person, use offensive language, use language that defames the Promoter, or use language that negatively impacts or intends to negatively impact the reputation of the Promoter;
2. use electronic programs, bots or similar technology to automatically submit entries;
3. use multiple Instagram accounts to enter the Competition; or
4. tag other accounts owned or controlled by the Entrant to enter the Competition and agrees that it will only tag genuine friends or family in their entry,
and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition.
Exclusion of liability
1. Promoter will not be liable for any late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason. To the maximum extent permitted by law, Promoter will not be liable for any error, omission or failure to administer this Competition.
2. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify Promoter (including its officers, employees, agents and contractors), against, all liabilities (including negligence), claims, actions, costs, losses and expenses on a fully indemnity basis, including (but not limited to) loss of income, damage to property and personal injury whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise, arising out of:
1. any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents;
2. acceptance of any prize(s) by the Entrant, its nominees or agents; and
3. the Entrant's participation in the Competition.
1. Except for any liability that cannot be excluded by law, Promoter (including its officers, employees, agents and contractors) 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 Competition, including, but not limited to, where arising out of the following:
1. inaccurate or incorrect transcription of entry information;
2. any technical difficulties or equipment malfunction, malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software (whether or not under Promoter ’s control);
3. the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
4. any theft, unauthorised access or third party interference;
5. electronic or human error which may occur in the administration of the Competition;
6. any variation in prize value as stated in the Schedule;
7. any tax liability incurred by a Winner or Entrant;
8. redemption or use of a prize; or
9. any act or omission, deliberate or negligent, by the Promoter, or its employees or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a Winner and, where applicable, to any family/persons accompanying a Winner
General
1. These terms and conditions are governed by and will be construed under the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales and its appellate courts.
2. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
3. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.