Pleasure State – Win A $500 Lingerie Wardrobe – Win Your Wishlist

WIN YOUR HOLIDAY WISHLIST PROMOTION

CONDITIONS OF ENTRY

1. Information on how to enter, mechanics of Entry and the Prize form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.

2. Entry is only open to residents of Australia aged over 18 years (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.

4. The promotion starts at 10:00am (AEDT) on 28/11/2013 and ends at 11:59pm (AEDT) on 12/12/2013 (Promotional Period).

5. To enter the promotion, Entrants must, during the Promotional Period:

a. log on to the Pleasure State website

(http://www.pleasurestate.com) (Pleasure State Website);

b. add items to their Pleasure State wishlist using the website’s functionality;

c. send their wishlist to another person;

d. fully and correctly fill out the form to send the wishlist to another person, including providing the Entrant’s current and valid email address and in 25 words or less detailing why they deserve to win in the message field.

(an “entry”)

6. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that an Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trademarks or other third party materials (including but not limited to any copyrighted material, trade mark, logo or mark that identifies a brand) as it could result in the Entry becoming invalid for the purposes of this promotion or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or that the Promoter considers, in its sole discretion, to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion.

7. Entrants acknowledge that their Entry may be featured on the Pleasure State Facebook page and website for public viewing for the duration of the Promotional Period and in perpetuity (unless otherwise requested). Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).

8. [Not Used]

9. [Not Used]

11. Multiple entries permitted however each Entrant may only be awarded a maximum of one (1) Prize.

10. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries.

11. The Promotional Period will have one corresponding promotional judging by a panel of appropriately qualified judgings (each, a Judging) for the purpose of awarding prizes in this promotion. All eligible Entries will be judged on the basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. Judgings will take place at the Promoter’s premises. Winners will be notified in writing. All reasonable steps to notify the winners of the results of the Judgings will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. The judging will take place at 2:00pm AEDT on 13/12/2013.

12. The one (1) Entry judged to be the best Entry in the Promotional period will win a $500 Gift Voucher to be used at pleasurestate.com (together, the prize).

13. Winners will be requested to provide their details to the Promoter via email or phone in order to be distributed a Prize. The winners will be notified in writing or phone by 13/12/2013. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.

16. Total maximum Prize pool value is $500.00. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value. All Prize values are the recommended retail price including GST.

17. The Promoter may award a Prize to the next best judged Entry or Entries in order to award a Prize or Prizes if unclaimed by that date or if the Promoter is unable to contact any winner by that date.

18. Entrants can only enter in their own name. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. The Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

19. Any Entries that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as an eligible Entry into the promotion.

20. By entering this promotion, each Entrant warrants to the Promoter:
b. that they have the permission of anyone pictured in the Entry to submit their Entry.
c. that they have the authority and all permissions necessary to submit their Entry;
d. that they own the content of their Entry and have the right to assign copyright ownership and other Intellectual Property Rights in the Entry to the Promoter;
e. that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity;
f. that their Entry does not contain content that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
g. that their Entry does not contain content that is contrary to the requirements or directions of relevant regulators;
h. that their Entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
i. that their Entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. that their Entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
k. that during the course of creating their Entry, their conduct was not illegal, contrary to any laws, indecent, obscene, threatening, discriminatory or harassing to any person; or
l. that the Entrant agrees that if their Entry is accepted by the Promoter, it may be available on the Pleasure State website and Facebook page and generally via the Facebook platform for public viewing and that their Entry may also be used by the Promoter in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.

21. Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant (or an Entrant’s companions) of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; any Entrant’s use of the Application, any postings or contributions on Facebook by any party in connection with any Entrant’s use of the Application, or any error, defamation, libel, obscenity, profanity or inaccuracy of any content or information transmitted in connection with any Entrant’s use of the Application; and any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.

22. By entering this promotion, Entrants absolutely and unconditionally assign (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign) all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat an Entrant’s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.

23. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Pleasure State website and/or Facebook page in accordance with its and Facebook’s prevailing terms and conditions of use. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).

24. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.

25. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Pleasure State Website or Facebook Page and/or the the information on the Pleasure State Website or Facebook Page, or to otherwise undermine the legitimate operation of this promotion 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 costs 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.