- Competition Name: Chermside Your chance to WIN your purchase back
- Promoter: SHEIKE & Co Pty Ltd t/as SHEIKE (ACN 001 784 283, ABN 22 001 784 283) (Promoter) of 60 Mary Street, St Peters, NSW, 2044. Contact details available at: https://www.sheike.com.au/
- Entry Requirements: Entrants must be at least 18 years of age, must reside in the Territories and must purchase any SHEIKE merchandise up to the maximum value of RRP $1,000 from the Promoter’s Westfield Chermside store located at Shop 2656, Level 2, Westfield Chermside, Corner Gympie & Hamilton Roads, Chermside, QLD, 4032 to receive a free entry into the Competition. Entrants are also required to have an active SHEIKE account or must sign up at the checkout once their purchase has been completed in-store. Entrants must upon entry that their main residence is located in the State of Queensland, Australia by showing an in-store staff member appropriate photographic ID (such as a QLD driver’s licence, QLD photo identification card etc).
- Maximum entries: Unlimited.
- Number of winners: There will be a maximum number of 15 Winners.
- Territories: Queensland only.
- Promotion Period: Competition commences 9:00am AEST on Saturday 11 November 2023 and ends at 5:00pm AEST on Sunday 12 November 2023.
- Prizes: Each Winner (up to the total of 15 Winners) will receive the total value of their purchase (up to the maximum value of RRP $1,000 each) as a prize which will be refunded as SHEIKE credit to be used either in-store at any SHEIKE outlet or online. Each Winner’s SHEIKE account will be credited with the applicable refund amount in accordance with paragraph 12 below. For the purposes of this Competition, the total prize pool is estimated to be no more than $15,000. The Prize(s) must be taken as stated and are not transferable to another person, unless agreed to in writing by the Promoter. The Prizes are not exchangeable for other goods or services from the Promoter. Any additional expense incurred as a result of winning this prize is the responsibility of the Winner. The Promoter reserves the right to substitute the Prizes with an equivalent cash prize in its sole discretion.
- Prize date and selection of winners: Entries completed in-store will be sent to 60 Mary Street, St Peters, NSW, 2044. All entries will be assigned a number and the Winners will be drawn by a random electronic number generator via https://www.random.org/ at 10:00 am AEST, Monday 27 November 2023.
- Publication of winners: Winners will be personally notified by email. Winners will also be announced online at https://www.sheike.com.au/pages/win-your-purchase-backterms-and-conditions within 7 days of the draw.
- Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain correct and accurate information. Employees of the Promoter and family members of employees of the Promoter are not eligible to win.
- Prize Delivery: Prizes will be delivered to the Winners as SHEIKE credit following confirmation of the Winner’s eligibility in accordance with the below:
(a) Each Winner will receive an email notification confirming that they have won a Prize. In order to claim the Prize, the Winner must respond to the confirmation email within 7 business days of receipt.
(b) Once the Winner has claimed their Prize in accordance with paragraph(a) above, their SHEIKE account will be credited with the refund amount within 5 business days. Promotion Terms and Conditions – SHEIKE & Co Pty Ltd t/as SHEIKE Competition Terms and Conditions for SHEIKE – Chermside Instore Giveaway Gladwin Legal | Version: 9127/1 November 2023 Page 2 of 4 If the Prize contains a cash prize, it will be delivered to the Winner by bank transfer to their nominated bank account. The Promoter will pay for the delivery of the Prize to the Winner's nominated address, however the Winner is responsible for any other costs associated it’s receipt of the Prize, including any taxes or transfer duties or costs.
- 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 the Promoter governing this Competition.
2. 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.
3. Entry is open to residents of the Territories.
4. The Competition will be open during the Promotion Period. All eligible entries must be received by the Promoter during this time. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.
Selection of Winner
5. The Winner will be selected by random draw, on the dates and at the location outlined in Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be ineligible to win.
6. Prizes will only be awarded to the person named on entry, subject to their entry complying with these terms and conditions.
7. If for any reason, a prize or element of a prize is unclaimed by the Winner within 7 business days of the drawing date despite reasonable steps by the Promoter to contact the Winner, the prize will be re-drawn at 10:00 AEST Thursday, 7 December 2023 in the same manner and at the same place as paragraph 5.
8. The Entrant is solely responsible for ensuring that it are eligible to be a Winner, and the Promoter will not be in any way liable to an Entrant, should the Entrant be found to be ineligible to win the Competition.
9. Prizes are provided on an "as is" basis and the Promoter will not make any modifications to the Prizes at the Winner's request.
10. The Promoter will not be liable for any delivery of prizes to a wrong address or account due to any error by the Winner.
11. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide valid delivery details within the time frame specified by the Promoter, the Winner forfeits the Prize and it will not be re-drawn.
12. The Promoter will not be liable for re-drawing or providing a replacement prize for any Prizes that are not received by the Winner due to being lost in transit, stolen or due to any failure to accept delivery by the Winner or due to any error in details provided by the Winner.
13. The Prizes may contain goods or services from 3rd party brands. Unless otherwise specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content, policies, practices or services offered by those parties.
14. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a condition of entry, the Winner agrees that its details may be provided to the 3rd party prize supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.
16. As a condition of entry, each Entrant agrees that the 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.
17. 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.
18. The Entrant warrants and represents that:
(a) it holds all the intellectual property rights to the Entrant Content;
(b) it has the authority and licence to upload, make available and licence the Entrant Content to the Promoter; and
(c) 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.
19. 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
20. 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 the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute will be offered.
21. The 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.
22. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or is suspected by the Promoter to have:
(a) breached any of these terms and conditions;
(b) tampered with the entry process or the Competition;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of the Promoter.
Exclusion of liability
23. The 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, the Promoter will not accept any liability for any error, omission or failure to administer this Competition. Promotion Terms and Conditions – SHEIKE & Co Pty Ltd t/as SHEIKE Competition Terms and Conditions for SHEIKE – Chermside Instore Giveaway Gladwin Legal | Version: 9127/1 November 2023 Page 4 of 4
24. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify and hold harmless the Promoter (including its officers, employees, agents and contractors), from and against, all liability (including negligence), actions, claims, costs, losses or expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful misconduct or breach of these terms and conditions by the Entrant, its nominees or agents and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and 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.
25. Except for any liability that cannot be excluded by law, the 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:
(a) inaccurate or incorrect transcription of entry information;
(b) 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);
(c) the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
(d) any theft, unauthorised access or third party interference;
(e) electronic or human error which may occur in the administration of the Competition;
(f) any variation in prize value as stated in the Schedule;
(g) any tax liability incurred by a Winner or Entrant;
(h) redemption or use of a prize; and
(i) 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.
13. To the maximum extent permitted by law, the Promoter's total aggregate liability to the Entrant under or in any way connected with these terms and conditions and the Competition, or the performance or non-performance of these terms and conditions is limited to an amount equal to any amounts paid by the Entrant to the Promotor in the three (3) month period immediately preceding the date on which the relevant claim arose, which may be zero.
26. 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.
27. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. Capitalised terms used throughout these terms and conditions are defined in the Schedule unless specified otherwise.