Xmas Giveaway Contest T's & C's
SPONSORED BY BODECARE Pty Ltd (“BODECARE”). VALID IN THE COUNTRY OF AUSTRALIA ONLY. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. NOT OFFERED IN STATES WHERE REGISTRATION OF THIS CONTEST IS REQUIRED. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. Entry deadline is January 8, 2017 at 11:59 PM Australian Eastern Standard Time, Brisbane (“AEST”).
1. CONTEST: The BODECARE Xmas Giveaway Campaign (the “Contest”) entry period begins on Dec 22, 2016 at 12:00pm Australian Eastern Savings Time (“AEST”) and ends on Jan 8, 2016 at 11:59 pm Australian Eastern Standard Time (“AEST”) (the “Contest Entry Period”). Entries received during the Contest Entry Period will be entered into a drawing for a chance to win the Prize described below. On or about Jan 9, 2017, BODECARE will determine the winner of the Contest, and prize will be awarded in accordance with these Official Rules (the “Official Rules”). These rules are located at www.bodecare.com/page/xmasgiveawaycontest.
2. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You may not submit an entry to the Contest and are not eligible to receive the prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and BODECARE with respect to the Contest.
3. ELIGIBILITY: The Contest is open only to legal residents of the country of Australia, who, as of the date of entry, (a) are 18 years of age or older, and (b) have internet access and an active email account. Employees of BODECARE and its affiliates, subsidiaries, advertising agencies, promotion, fulfilment and other coordinating agencies, and the immediate family members and/or household members of any such persons or entities are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations and void wherever prohibited or restricted by national, state, municipal, provincial or any other government laws, and is not offered in states where registration of this promotion is required.
4. HOW TO ENTER: Enter the Contest by accessing the BODECARE facebook page contest post and tell BODECARE in 25 words or less who you would like to give your prize to and why, with optional photo. By providing your photos and/or reason, you grant BODECARE the right to send you promotional and/or marketing messages and to use your story or comments at any time on any medium including digital, television, radio, print, and email communications to the public. You may opt out of receiving further BODECARE promotional and/or marketing messages at any time by following the unsubscribe instructions in any email marketing message. Entrants are limited to one original Contest entry per person. Entrants may not participate with multiple email addresses or under multiple identities, nor may entrants use any device or artifice to enter or to enter more than once during the Contest Entry Period or as multiple entrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities or uses any other device or artifice to enter multiple times will be disqualified from participation in the Contest and all entries submitted by that entrant will be void. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries will be deemed made by the authorised account holder of the social media account used to post the entry. “Authorised account holder” is defined as the natural person who is the legal and real owner of the respective social media account from which the comment or story was posted. Potential winner may be requested to provide BODECARE with proof that he or she meets the eligibility requirements for the Contest and/or is the authorised account holder associated with a winning entry. BODECARE reserves the right to verify the eligibility of each entrant; if an entrant is found to be ineligible to enter the Contest their entry will be considered invalid. Online entries must be received by the end of the Contest Entry Period. BODECARE computer will be the official timekeeper of this Contest.
5. PRIZE AND PRIZE DRAWING: All entrants into the Contest whose entries meet the requirements of these Official Rules will have their entry judged by a BODECARE judging panel for creativity. The one (1) most creative post in Australia will win the Bodecare prize pack pictured. Prize pack includes only Bodecare product items, not decorating items in contest photo. This is not a random drawing or prize giveaway—every eligible entry will be judged on its own creative merits by BODECARE to determine a winner. This is a contest of skill, and chance plays no part in determining the winner. The (1) winner will be selected from Australia. The winner of the Prize will be selected by BODECARE on or about January 9, 2017 from among all eligible entries received and the selection will be final and binding. The total retail value of the prize to be awarded is $178.40AUD. The images of the prize shown in social media and other digital postings may not be the exact prize. Prize may differ. The winner of the Prize is required to comply with any and all applicable federal, state and local laws, rules and regulations related thereto and is solely responsible for any and all federal, state, and local taxes that apply to the receipt and use of any Prize. BODECARE reserves the right to substitute a prize of greater or equal value in the event the Prize or a portion of the Prize is unavailable for any reason. Prizes are non-assignable and non-transferable. No cash alternative or other substitution of prizes is permitted, except at the sole option of BODECARE. BODECARE will not replace any lost or stolen Prize. Prizes are awarded “as is" with no warranty or guarantee, either express or implied by BODECARE. All Prize details are at BODECARE’s sole discretion. The awarding of any Prize is contingent upon full compliance with these Official Rules.
6. WINNER NOTIFICATION: The potential winner will be notified by private Facebook message and/or public post within five business days of selection and, except where prohibited by law, will be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification and provide any additional information that may be required by BODECARE. If a selected potential winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the Prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorised account holder of the social media account from which the entry was sent.
7. GENERAL RULES: BODECARE, its affiliated companies and subsidiaries and their respective directors, officers, employees, sponsors and agents, including advertising and promotion agencies, assigns, and any other organisations related to the Contest (together, the “Released Parties”) are not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise, (ii) theft, destruction, unauthorised access to or alterations of entry materials, or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Contest, entrants agree to waive, release, indemnify, defend and hold harmless each of the Released Parties and Facebook, Inc. from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Contest, or in any prize-related activity, including, without limitation, any (i) condition caused by events beyond BODECARE control that may cause the Contest to be disrupted or corrupted, (ii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest, (iii) printing or typographical errors in any materials associated with the Contest, or (iv) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest. IN NO EVENT WILL BODECARE BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT BODECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. ADDITIONAL CONDITIONS: Except where prohibited, by accepting any prize, the winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, inclusion in BODECARE newsletters, BODECARE homepage at www.bodecare.com (the “BODECARE homepage”), BODECARE Facebook page at http://www.facebook.com/bodecare (the “BODECARE Facebook page”) and other BODECARE social media platforms, without additional compensation. The Winner also agrees to participate in promotional activities related to the Contest upon BODECARE reasonable request. All entries become property of BODECARE and none will be acknowledged or returned. A winner further acknowledges and agrees that BODECARE has the right to publish or cause to be published the winner’s name, likeness, photograph and voice, and also the State/Territory in which the winner ordinarily resides, without restriction, in respect of this promotion and any products or services offered, manufactured, distributed and/or supplied by BODECARE without any payment being made to the winner. BODECARE reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to entrants. BODECARE reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Contest or the BODECARE homepage, the BODECARE Facebook page, or any BODECARE social media platform, (ii) violates these Official Rules, or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, BODECARE reserves the right to seek damages from any such person to the fullest extent permitted by law. BODECARE failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in the Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of BODECARE, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the Queensland, Australia, including rules governing choice of laws.
If the promotion cannot, for any reason, be conducted as anticipated, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, BODECARE reserves the right in its sole discretion, to the fullest extent permitted by law, to modify, suspend, or cancel the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes.
BODECARE, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims.
9. LAWSUITS: Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in the state or federal courts located in Queensland, Australia.
11. WINNERS LIST: A winners list may be obtained by sending a stamped, self-addressed envelope marked "BODECARE Xmas Giveaway Contest” to 2 Greenwood Street, Springfield Lakes QLD 4300, Australia.
12. BODECARE: The Sponsor of the Contest is BODECARE Pty Ltd, 2 Greenwood Street, Springfield Lakes QLD 4300, Australia.
13. DISCLAIMER: The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Twitter, Inc., Pinterest, Inc., or Instagram, Inc. By participating in the Contest, you acknowledge and agree that you are providing your entry information to BODECARE, and not to any other company.