Game of Skill Competition Terms and Conditions

PART A

  1. Competition Type: This Competition is a game of skill and chance plays no part in determining the Winners.
  2. Promoter: SHEIKE & Co Pty Ltd t/as SHEIKE (ACN 001 784 283, ABN 22 001 784 283) (Promoter)
  3. Entry Requirements:Submissions to this Competition must be made through Instagram. To enter, Entrants must, within the Promotion Period, upload an image or video to their Instagram page wearing a SHEIKE outfit with the hashtag ‘#SHEIKESTYLE’ in their caption (Entry). Following such Entry Requirements will be deemed as acceptance of these Terms and Conditions.
  4. Maximum entries: None, multiple entries per person are permitted.
  5. Number of winners: There will be a maximum number of 1 Winner.
  6. Territory: Australia-wide.
  7. Promotion Period: Competition commences 5:00pm, Thursday, 28 July 2022 and ends at 5:00pm, Thursday, 25 August 2022.
  8. Prize:The Winner will receive 1 x $500 SHEIKE voucher (Prize). The Prize is subject to SHEIKE’s gift voucher terms, located at sheike.com.au/pages/sheike-gift-vouchers.  Any additional expenses incurred as a result of winning the Prize, such as any requirements to travel, etc, are the sole responsibility of the Winner.
  9. Total prize pool: For the purposes of this Competition, the total prize pool is estimated to be no more than $500.
  10. Prize date and judging of winners: SHEIKE staff members will judge the entries based on the quality and creativity of the submission. Judging will take place at the SHEIKE Head Office at 60 Mary Street, St Peter’s, NSW 2044 (Head Office) at 2:00pm on 26 August 2022. The Winner as judged by the Promoter will win the Prize.
  11. Notification of winners: The Winner will be personally notified via direct message to their respective Instagram account within 2 days of the judging date. The Winner is solely liable for checking their direct messages, providing any further details required by the Promoter to deliver the Prize, and redeeming the Prize.  The Promoter will not be liable for any losses incurred by the Winner for errors or inaccuracies in the details provided by the Winner or any failure to redeem any Prizes, including where the Prize expires due to acts or omissions of the Winner.  The Promoter will not provide any replacement Prizes.  Any failure to redeem a Prize by its expiry date will be considered a forfeiture of such Prize by the Winner. Prizes will not be re-drawn once a Winner is notified.
  12. Winner eligibility:To be eligible to win:
    • Entrants may be of any age (if an Entrant is under 18, they must obtain written consent to enter this Competition from their parent or guardian and must provide such consent to the Promoter upon request);
    • Entrants must reside in Australia; and
    • employees of Promoter, immediate family members of employees of Promoter and anyone otherwise connected to the Promoter are not eligible to win. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or 1st

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 Entrants in the Territory set out in Part A.
  3. All eligible entries must be received by Promoter during the Promotion Period set out in Part A. 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. This Competition is a game of skill and chance plays no part in determining the Winners.
  2. The Winner will be selected by the Promoter as set out in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
  3. The Promoter’s decision and judgement of Winners is final and no further correspondence will be entered into in relation to the subject.
  4. As a condition of entry and in consideration for entry into this Competition, each Entrant agrees that the Promoter is permitted to, and is granted an irrevocable, worldwide, royalty free, perpetual licence to share and/or re-post their Entry and use their name (either in full or in part), username, likeness, voice and image (including any photograph) in any marketing materials including on the Promoter’s Instagram page and website, and the Winner will not be entitled to any compensation for such use.
  5. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions. Prizes are not transferable or exchangeable and cannot be taken as cash.

Instagram terms

  1. The Competition is in no way sponsored, endorsed or administered by, or associated with 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:
    • harass or bully any other person, use offensive language, use language that defames Promoter, or use language that negatively impacts or intends to negatively impact the reputation of Promoter;
    • use electronic programs, bots or similar technology to automatically submit entries;
    • use multiple Instagram accounts to enter the Competition; or
    • 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 Promoter reserves the right to disqualify any Entrant or Entry that breaches these terms and remove any such entries from the Competition.

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:
  • it holds all the intellectual property rights to the Entrant Content;
  • it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
  • the Promoter’s use of the content will not infringe or violate any third-party rights, including but not limited to fraud, 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. The 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. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
  • breached any of these terms and conditions;
  • tampered with the entry process or the Competition;
  • engaged in any unlawful conduct; or
  • engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of Promoter.
  1. The Promoter may, in its absolute discretion, modify, cancel, terminate, suspend or recommence the Competition. The Promoter 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. To the maximum extent permitted by law, Promoter will not be held liable for any error, omission or failure to administer this Competition. 

Exclusion of liability

  1. Except for any liability that cannot be excluded by law all Entrants release and indemnify the Promoter (including its officers, employees, agents and contractors), against, all liability (including negligence), cost, loss or expense arising out of acceptance of any prize(s) or participation in the Competition 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.
  2. 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:
    • late, lost or misdirected entries including due to technical disruptions, delayed or misplaced postage, network congestion or for any other reason;
    • inaccurate or incorrect transcription of entry information;
    • 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);
    • the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
    • any theft, unauthorised access or third party interference;
    • electronic or human error which may occur in the administration of the Competition;
    • any variation in prize value as stated in the Schedule;
    • any tax liability incurred by a Winner or Entrant;
    • redemption or use of a prize; and
    • 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 the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights and the Promoter unless it is in writing signed by the Promoter.
  3. se terms and conditions, any references to time or date refer to Australian Eastern Standard Time and any references to currency, such as “dollars” or “$” refer to Australian Dollars. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.

 

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