#SUNSHINELOVE15 INSTAGRAM COMPETITION TERMS AND CONDITIONS
- Entry into the #SUNSHINELOVE15 Instagram Competition (“Competition”) is deemed acceptance of these Terms and Conditions. Instructions on ‘How to enter’ also form part of these Terms and Conditions.
- For the purpose of these Terms and Conditions, the promoter is Wittner Shoes Pty Ltd of 127-129 Cremorne Street, Cremorne, Victoria (CAN 005 014 531) (“Promoter”)
- Entry is open to current followers of the Wittner Shoes (@wittnershoes) Instagram page, who are aged 18 years and older, who are living in Australia (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, “immediate families” of an employee includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin.
- The Competition commences at 5pm AEST on 1 October 2015 and ends at 12pm AEST on 22 October 2015. (“Competition Period”). Entries received outside the Competition Period will not be accepted by the Promoter and will be deemed to be invalid. Winners will be announced on 26 October 2015.
How to enter:
- This Competition is a game of skill, chance plays no part in determining the winner.
- Entrants must be following the Wittner Shoes (@wittnershoes) Instagram page during the time of the promotion or earlier.
- Entrants must post during the Competition Period an image of their recent Wittner purchase on Instagram with the hashtag #SUNSHINELOVE15 and include @wittnershoes in the comment and tagged on the photo. Entrants must also tag three (3) friends who they wish to share their prize with, should they win. (“Entry”). Entries can be an outfit shot on a body, or an outfit laid flat and styled.
- An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
- The Entrant may enter as many times as they like throughout the Competition Period provided that each entry is unique.
- Entrants must set their Instagram account to public. If an Entrant’s Instagram account is set to private the Entry will not be received.
- All Entries may be uploaded onto the Promoter’s website. Entries may also be displayed on the Promoter’s Facebook page, Instagram account, or any other social media platform and in any digital communications.
- Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
- Judging of all valid Entries received within the Competition Period will be conducted by a panel of judges at the Promoter’s head office at 127-129 Cremorne Street, Cremorne, Victoria, 3121 on 23 October 2015. The winning entry will be selected based on whether it actively represents the Wittner aesthetic, the creativity of the styling, photography and post copy.
- There will be one (1) winner in total.
- The one (1) entrant who submits the winning entry (“Winner”) will be awarded the following prize:
A Wittner prize to the total value of $2,000 (GST inclusive) to share with the three (3) friends tagged in the post. Product to be selected in one (1) Wittner Store and redeemed in one visit. Prize can only be redeemed on full priced product, cannot be transferred for store credit and cannot be exchanged or refunded.
(Collectively, the “Prize”)
- The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
- Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to alter the design and use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
- The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age, and place of residence) and to disqualify an Entrant who submits and Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoters complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.
- Any costs associated with entering this Competition are the responsibility of each Entrant.
- The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illergible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of the transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive any entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit. Exclude or modify the statutory consumer guarantees or implied warranties as provided under the Competition and Consumer Act 2012 (Cth) or any other applicable consumer protection laws.
- Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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:
- Any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
- Any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
- Any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
- Any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
- Any tax liability incurred by a winner or entrant (independent financial advice should be sought);
- Participation in this Competition; or
- Cancellation of this Competition
- This Competition, or any aspect of it, may be changed or withdrawn at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to laws that may apply)
- Any attempt to deliberately damage the Promoter’s promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any cost in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- By entering the Competition, the Entrants consents to receipt of any email regarding the Competition, content on Facebook and other emails which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in.
- Entrants acknowledge that this competition is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants will provide their information to the Promoter and not Instagram. Any questions, comments or complaints regarding the Competition must be directed to the Promoter, not Instagram.
- These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
- These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
- Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
- The Promoter can be contacted at:
Phone: 03 9428 1900