Ella Bache – Win a trip to Paris, France for two valued at up to $9,660


1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, participating Ella Baché and David Jones stores and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

3. Promotion commences on 01/09/2014 and final entries close at close of business, in each participating Ella Baché and David Jones store nationally, on 30/09/2014 (“Promotional Period”).

4. To be eligible to enter and receive one (1) official entry form, individuals must purchase, in a single transaction, any two (2) or more skincare products from a participating Ella Baché or David Jones store nationally during the Promotional Period (“Qualifying Transaction”). A participating Ella Baché and David Jones store is any Ella Baché or David Jones store that displays advertising material referencing this promotion.

5. To enter, individuals must then, during the Promotional Period, complete the official entry form and place it in the entry box provided in participating Ella Baché/David Jones store of purchase.

6. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s 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 legal rights to recover damages or other compensation from such an offender are reserved.

7. Incomplete or illegible entries will be deemed invalid.

8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted Qualifying Transaction (regardless of the number of skincare product/s in excess of two (2) purchased within that transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.

9. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.

10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

11. The draw will take place at Anisimoff Legal, Suite 3, Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on 21/10/2014 at 2:00pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing within two (2) business days of the draw. The major prize winner’s name will be published in The Australian on 27/11/2014. The Promoter’s decision is final and no correspondence will be entered into.

12. The first valid entry drawn will win the major prize of a trip for two (2) people to Paris, France valued at up to AU$9,660.00 depending on date and point of departure. Prize includes:

Two (2) x return economy airfares from winner’s nearest capital city to Paris, France;
Four (4) nights twin share minimum 4 star accommodation for two (2) people;
breakfast for two (2) people daily;
An Ella Baché Treatment “Flawless Youth Fruit – essence for your body and face” (1 hour and 30 minute) for two (2) people; and
An authentic Parisian dining experience for two (2) people at Benoit bistro (or similar) up to the value of AU$350.

Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.

13. All travel is subject to availability at all times and maybe dependent on select seat class with airlines or specific room category availability with accommodation partner. Travel is valid until 30th September 2015 and all bookings must be made at least 45 days prior to the expected departure date. Block out period includes 21st December 2014 until 15th January 2015 and from 10th June 2015 until 10th July 2015 and during any special event periods including, but not limited to Paris Fashion Week. All bookings and documentation regarding the prize must be made via Free-2-Travel Holidays Pty Ltd or their agents. Redeeming the major prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2-Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices. No portion of the major prize is redeemable for cash. The major prize is non refundable or transferable. The major prize winner and companion must be in possession of a valid passport with a minimum of 6 months validity on it prior to departure. The major prize winner is responsible for any amendments fees issued by airlines or suppliers once booking is confirmed and ticketed. Visas, valid passports, additional spending money, meals (other than those included) and any other ancillary costs, including but not limited to insurance and any applicable insurance excesses, not listed in the travel prize package descriptions above are the responsibility of the travel prize winner and his/her nominated traveling companion as incurred. It is the major prize winner’s responsibility to organise transport to/from the airport departure/return point. The Promoter recommends the prize winner and travel companion obtain valid travel insurance for their period of travel.

14. During the entire duration of the major prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the major prize. The major prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.

15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

16. The next fifty-nine (59) valid entries draw will each win a 30ml Ella Baché „Special Eye Cream’ valued at $76.

17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

18. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

19. Total prize pool value is up to AU$14,144.00. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

20. A draw for any unclaimed prizes may take place on 13/02/2015 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within two (2) business days of the draw and their names (for prizes over $250) will be published in The Australian on 27/02/2015.

21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

22. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

23. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 promotion.

24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

25. As a condition of accepting the major prize, the major prize winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

26. The Promoter and David Jones Ltd (ABN: 75000074573) (“David Jones”) collect personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter and David Jones will also use and handle PI as set out in their
respective Privacy Policy, which can be viewed at http://www.ellabache.com.au/privacy/ (Ella Baché Privacy Policy) and http://www.davidjones.com.au/Privacy-and-Security (David Jones’ Privacy Policy). In addition to any use that may be outlined in the either Privacy Policy, the Promoter and David Jones may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Each Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter and David Jones will not disclose entrant’s personal information to any entity outside of Australia

27. The Promoter is Hallas Trading Co Pty Ltd (ABN 17 001 708 925) of 2-4 Lambs Road, Artarmon, NSW 2065. Telephone: (02) 9432 500.
NSW Permit No. LTPS/14/05817. VIC Permit No. 14/4737. ACT Permit No. TP14/02573. SA Permit No. T14/1346