Win a MR. KOYA Shirt Competition
Terms and Conditions of Entry
The promoter of the “Win a MR. KOYA Shirt Competition” (Promotion) is Padwal Pty Limited (ABN 25 147 829 392) of 7 City View Court, Doncaster VIC 3108 (Promoter).
The Promotion commences at 9am (AEDT) on 18 August, 2017 and ends at 11.59pm (AEDT) on 31 August, 2017. (Entry Period).
Entry into this Promotion is deemed acceptance of these official terms and conditions of entry (Terms and Conditions). To the extent of any inconsistency between these Terms and Conditions and any other reference to this Promotion, these Terms and Conditions prevail.
- Eligible Entrants
Subject to clause 1.2, entry is open to all residents of Australia over the age of 18, as of the date of entry, who have fulfilled the requirements set out below in clause 2 (Eligible Entrants).
You are not eligible to enter the Contest if you are:
an employee, agent, representative, officer or director of:
- the Promoter; or
- the Promoter’s agents, shareholders, affiliates, subsidiaries, promotional and advertising agencies, sponsors, or suppliers of prizes, materials or services related to the Contest (Related Parties); or
a person who:
- is a member of the immediate family (including parents, siblings, children and spouse, regardless of where they live) of;
- is the legal or common-law spouse of; or
- resides with,
any person referred to in clause 1.2(a).
The Promoter reserves the right, at any time, to verify the validity of entries (including verifying an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions, who is engaged in unlawful or other misconduct which jeopardises the fair and proper conduct of the Promotion or who tampers with the entry process. The Promoter’s legal rights to recover damages or other compensation from such a person are reserved.
How to enter
- Entry Process
To enter Eligible Entrants must, during the Entry Period:
- Comment "yes" on one of MR. KOYA's promotional Facebook posts or sending "Get Started" to MR. KOYA via Facebook Messenger.
- Receive an invitation to enter the draw via Facebook Messenger
- Complete the entry by clicking 'Share' on the 'MR. KOYA on Messenger' link within Facebook Messenger.
- 1 entry per entrant during the promotional period is acceptable.
Entrants may only enter once in their own name. Inaudible, incomprehensible, illegible, and incomplete entries may be deemed invalid. Only one entry per person will be permitted.
Entries must be received by the Promoter prior to the competition close date and time.
Selection of Winner
- The competition runs for 2 weeks and 1 winner will be selected at the end of each week (2 winners in total).
- The first winner will be the first valid entry drawn at Kew East, Victoria on 25 August 2017 at 8am (Winner 1). The Promoter will ensure that all entries have an equal chance of winning a prize.
- The second winner will be the next valid entry drawn at Kew East, Victoria on 1 September 2017 at 8am (Winner 2). The Promoter will ensure that all entries have an equal chance of winning a prize.
- There will be only two winners.
- The Winner will be notified by Facebook Messenger phone within two business days of the draw. The Winner’s name will also be published within 2 business days of the draw on MR. KOYA's Facebook Page, Facebook Messenger Subscriber list and on Instagram.
- The prize consists of two MR. KOYA shirts of the winner's choosing, from available stock (Prize).
- The Prize will be sent to the winner's advised Australian address within 7 days of announcement. In the event the Winner does not take the prize by 31 October 2017, then the Prize will be forfeited by the Winner.
- The Prize is valued at up to $177 (Including GST), as at 16/08/2017.
The following conditions apply to the Prize offered:
- the Prize is not transferable, exchangeable or redeemable for cash;
- any portion of the Prize that is unused will be forfeited;
- the Promoter reserves the right to substitute the Prize or any component of the Prize for any reason with a prize or a prize component of equal or greater value;
- the Promoter is not responsible for providing financial or tax advice in relation to the Prize;
- any fees, costs, expenses, charges or taxes incurred by the Winner in connection with the Prize are the responsibility of the Winner; and
- any Prize represented in promotional materials is for illustration purposes only and may not be the exact item(s) offered as the Prize.
Forfeit of Prize
If the Winner:
- does not respond within five business days following the first attempt of contact by the Promoter;
- declines the Prize; or
- fails to otherwise to comply with any of the terms and conditions of these Terms and Conditions,
- If the Winner:
the Winner forfeits the Prize and the Promoter will apply the procedure described in this clause 3, with the necessary amendments, until a qualified Prize winner has been selected.
- If the Winner forfeits the Prize in the manner described in clause 3, the Promoter will be fully and completely released and discharged from any liability or responsibility in connection with that Winner’s entitlement to the Prize.
- Other expenses
Unless expressly stated in these Terms and Conditions all other expenses are the responsibility of the Winner (and their companions) including but not limited to washing & drying costs, dry cleaning costs and all other ancillary costs.
- For the purposes of providing the Promotion, and, where appropriate, awarding the Prize, the Promoter will collect personal information, including the [name, date of birth and address] of each entrant. If the personal information requested is not provided, the person who submits the entry may not participate in the Promotion. Entrants should direct any request to access, update or correct information to the Promoter:
[Alexandra Khan, email@example.com, PO Box 213 Kew East 3102 VIC Australia]
Each entrant agrees that, subject to the Privacy Act 1988 (Cth), the Promoter or its Related Parties may do the following:
- collect, store, use, share, transfer and disclose personal information submitted with each entrant’s entry for the purpose of administering the Promotion, including contacting, announcing and promoting the Winner;
- transfer an entrant’s personal information to other countries, including [insert names of countries], for data processing and servicing;
- for an indefinite period, unless otherwise advised and subject to receiving the consent of the relevant entrant, use an entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant; and
- publish the Winner’s name and use the Winner’s personal information, any photograph, image or other likenesses, any statements he or she makes regarding the Promotion, the Prize or the Promoter’s products, and any other information contained in the Winner’s entry in any media for publicity purposes associated with this promotion without any further payment or other compensation.
Verification of Entries
- Entries are subject to verification by the Promoter. Any entry form that is illegible, incomplete, fraudulent, copied, received late, includes an invalid e-mail address or phone number or is otherwise non-compliant will be rejected and will not entitle the entrant to participate in the Promotion or to win a Prize, as the case may be.
- Entrants are responsible for the correct and full completion of their entry form in order to be contacted in conformity with these Terms and Conditions if they are selected for a Prize.
- An entrant is not the Winner until the verification process is complete, and it is determined that he or she has complied with all terms of these Terms and Conditions.
- Conduct of the Contest
- Verification of Entries
The Promoter reserves its right to reject an entry and apply for legal or equitable relief if there is any attempt by an entrant to deliberately damage the Promotion or to sabotage the legitimate conduct of this Promotion.
Any person entering this Promotion or trying to do so by any means which go against the intention of, or are determined to be in abuse of, these Terms and Conditions and which would be unfair to the other participants will be automatically disqualified and the Promoter reserves the right to seek remedies and damages to the fullest extent permitted by law.
- Limitation of liability
Except for any liability that cannot be excluded by law, the Promoter, its Related Parties and their respective employees, agents, representatives, officers and directors 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 the Promotion, including, but not limited to, where arising out of the following:
- any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
- any theft, unauthorised access or third party interference;
- any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
- any variation in Prize value to that stated in these Terms and Conditions;
- any tax liability incurred by the Winner or entrant; or
- use of the Prize.
- Acceptance of Prize
The Prize must be accepted as described in these Terms and Conditions.
- Prize Substitution.
In the event that, for reasons beyond its control, the Promoter is unable to award the Prize as described in these Terms and Conditions, it reserves the right to substitute, in whole or in part, the Prize with a prize of equal or greater value. No credit or reimbursement will be provided if the Prize is not taken.
- Number of Prizes
In all cases, the Promoter, its Related Parties and their respective employees, agents and representatives cannot be required to award more prizes than the number indicated in these Terms and Conditions or to award prizes other than in accordance with these Terms and Conditions.
- Applicable law
The laws of Victoria apply to the Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria.
- Acceptance of Terms and Conditions
By participating in the Promotion, entrants agree to be bound by these Terms and Conditions and by the decisions of the Promoter, which will be final and won’t be subject to appeal in any respect, including without limitation, any decisions concerning eligibility, disqualification of entry forms, or Prize attribution.
- Entrant’s identity
For the purposes of these Terms and Conditions, the entrant is the person whose name appears on the entry form and the Prize will be awarded to this person if he or she is declared the Winner.
- Ownership of entries
Entry forms are the exclusive property of the Promoter and will at no time be returned to entrants.
- The Promoter may, in its discretion, void any entry and/or withdraw, amend or terminate the Promotion at any time for any reason without prior notice, subject to the laws of Victoria.
- If for any reason the Promotion is not capable of running as planned, whether caused by infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other cause beyond the Promoter’s control that corrupts or affects the administration, security fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion.
- Decisions of the Promoter
Any decision of the Promoter regarding any aspect of this Contest, including, without being limited to, the eligibility and/or disqualification of entry forms, will be final and without appeal. The Promoter reserves the right to modify these Terms and Conditions.
- Successors bound
These Terms and Conditions will be binding upon the heirs, executors, administrators and personal representatives of the entrants.
- Intellectual property
All intellectual property produced in relation to the Promotion, including but not limited to trade-marks, trade-names, logos, designs, promotional materials, web pages, drawings, illustrations, slogans and representations are owned by the Promoter and/or its affiliates. All rights are reserved. Unauthorised copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
- By entering the Promotion, entrants agree to have their submitted name displayed on the Promoter’s website, Twitter and Facebook page and used by the Promoter for any purpose regarding the Promotion and for publicity purposes of the Promoter and its products at any time, without any fee or other form of compensation.
- By entering the Contest, the Winner authorises the Promoter and its representatives to use, if required, the Winner’s names, photo, likeness, statements regarding the Prize, place of residence and/or voice for advertising purposes in connection with the Contest, without any fee or other form of compensation.
- In the event of any discrepancy or inconsistency between these Terms and Conditions and disclosures or other statements contained in any Promotion-related materials, including but not limited to the Promoter’s social media, or point of sale, television, print or online advertising, the terms and conditions of these Terms and Conditions will prevail, govern and control.
- If any paragraph of these Terms and Conditions is declared or ruled to be illegal, unenforceable or void by a competent Court, then the paragraph in question will be void, but all other paragraphs not affected will be applied within the limitations of the law.
- Terms and Conditions and names of Winner
A copy of these Terms and Conditions and the name of the Winner may be obtained upon written request to: firstname.lastname@example.org or PO Box 213, Kew East 3102 VIC Australia