Maybelline New York – Purchase Mascara or Eye Pencil – Win a trip to New York

MYNY New York Competition
Terms and Conditions

MYNY New York Competition

Game of Chance

Terms and Conditions

1. Information on how to enter and prizes form part of these Terms and Conditions. By participating, entrants agree to be bound by these Terms and Conditions.

2. Entry is open to residents of Australia only. Entrants under the age of 18 years must have prior parental or legal guardian consent to enter. Employees of the Promoter and their immediate families and agencies associated with this promotion are ineligible to enter.

3. 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 any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.

4. Multiple entries permitted, subject to the following: (a) only one entry permitted per specified purchase requirement; and (b) each entry must be submitted separately and in accordance with entry requirements. Only one prize will be awarded per person, per day, excluding SA and ACT residents.

5. Incomplete, indecipherable, or illegible entries will be deemed invalid.

6. Promotion commences at 9:00am (AEDST) on 3rd March 2014 and closes at 11:59pm (AEST) on 6th April 2014 (“Promotional Period”). The draws will take place at Bauer Media, Level 7, 717 Bourke Street, Docklands, VIC 3008 on the 9th April 2014 at 9:00am (AEST). Winners will be notified by telephone and in writing using the contact details provided in their entry. The winner’s name will be published in the Public notices section of the Australian on 17th April 2014.

7. To be eligible to enter, individuals must, purchase either one (1) of the following products from any Australian retailer during the Promotional Period:

• Maybelline New York Master Smoky Shadow-Pencil
• Maybelline New York Colossal Smoky Eyes Mascara

And then Individuals must SMS their full name, suburb and product barcode number to 1991 1222 during the promotional period.

Maximum SMS entry cost per message is 55c including GST. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard. Service Provider: Salmat Digital Pty Ltd. Helpline: 1300 464 866

8. Entrants must retain their original product barcode(s) and their valid purchase receipt(s) for all entries as proof of purchase. Failure to produce the required barcode/s and a valid purchase receipt 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. Each entry must relate to a separate qualifying purchase.

9. The first valid entry drawn from all valid entries received will win the following prize:

• Return economy flights to New York from the winner’s nearest capital city valued at up $2500.00 per person (including taxes) (depending on point of departure),
• Five (5) x nights’ accommodation in a standard twin share room in a minimum of three (3) star hotel valued at up to up to $2000
• Return transfers to and from the airport from the winner’s place of residence in Australia only valued at up to $400.00 (depending on point of departure)

TOTAL PRIZE POOL IS VALUED AT UP TO $7400.00 (including taxes) (depending on point of departure). Prize does not include any ancillary costs associated with redeeming this prize. These are the responsibility of the winner.

10. All prizes must be taken as offered. The prize, or any unused portion of the prize, is not transferable, exchangeable and cannot be redeemed as cash.

11. The prize must be redeemed as a package in full by 9 October 2014.Redemption of prize is subject to booking and availability at time of booking. Prize is a single event holiday and cannot be separated into different holiday vacations.

12. In the event that the winner is under the age of 18 years, they must be accompanied by their parent and/or legal guardian when redeeming their prize.

13. Prize does not include travel to and from the airport to the hotel in New York. These costs are the responsibility of the winner.

14. The winner (and their companion) are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs.

15. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

16. A valid passport is required for all international journeys. All passports must be valid for six (6) months prior to departure. It the responsibility of the winner and their travel companions to ensure they have all required travel documentation (including but not limited to passports & visas) as required for travel to the destination point. All costs associated with obtaining this travel documentation is the responsibility of the winner.

17. The winner and (their companion) are responsible to obtain all required documentation and visas to enter United States of America and Canada. If the winner should also be a U.S. citizens will require additional documentation to enter Canada. A Canadian visa may be required for Non-U.S. citizens; check your home country requirements for entering Canada. From 4 September 2010, the United States government will charge a US$14 as payment for the mandatory ESTA for all individuals proposing to travel to the United States under the Visa Waiver Program. The fee is payable by credit card and, it is very important to make payments through the official website. ESTA’s official website is https://esta.cbp.dhs.gov/esta/. This cost is the responsibility of the winner and their friend.

18. The Two (2) flights must be utilized at the same time, for the same travel dates, to the same destination.

19. Transport to and from Departure point including but not limited to additional Domestic airfares if required, any additional meals, any extra sightseeing or activities, any additional accommodation, personal spending money, and all other ancillary costs, as well as obtaining any of these, are the responsibility of the winner and their travel companions. Prize also excludes medical expenses, items of a personal nature, beverages, optional tours not outlined, laundry, telephone calls, additional nights, room upgrades or other ancillary costs associated with redeeming the prize other than those specified. These costs and expenses are the responsibility of the winner. Any extension to the duration of the prize is at the winner’s sole expense and subject to availability at the time of booking. For the removal of doubt, taxes for international travel are included in the prize winning international airfares provided by the Promoter.

20. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. The components of the Prize may alter for reasons beyond the Promoter’s control. The Prize is not, nor any component thereof, transferable, exchangeable or redeemable for cash. No components of the Prize can be exchanged for other travel or accommodation at other destinations. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the Winner.

21. It is a condition of accepting the prize that the winner (and any traveling companion) must comply with all the conditions of use of the prize and prize supplier’s requirements

22. It is a condition of accepting the prize that the winner may be requested to present their credit card upon arrival at any hotel to cover all incidentals they may incur including their stay at that hotel.

23. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. In the event that a portion of the prize is awarded to the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of prize at a venue is subject to the standard rules and regulations of that venue/s.

24. As a condition of accepting the prize, the winner (and their companions) 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.

25. By entering the promotion via SMS an entrant consents to the Promoter using their personal details for the purposes of sending one (1) mobile terminated (MT) reply message which includes a confirmation of your entry in the promotion and to be used to contact the entrant if required for any reason in relation to their competition entry.

26. Participants must ensure that all care is taken when dialling or sending messages to the promotional number. It is the complete responsibility of the participant to ensure that they dial or SMS the correct number, in the event that an error occurs the Promoter accepts no responsibility for either, costs incurred, responses received or all other consequences. This is the responsibility of the participant.

27. The Promoter accepts no responsibility for any SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions or for any other reason. An entry will only be counted as being received when it has been received by the Promoter’s software system, not when it was sent from the handset.

28. The Promoter reserves the right to verify, at any time during or after the closing of the promotion, the validity of all entries (including but not limited to an entrants name, medical condition if relevant to their entry, age, etc) and to disqualify any entrant who is (without limitation) deemed to have an invalid entry, who tampers with the entry process, including techniques designed to avoid payment of call costs and has in any way hindered the fair and proper administration of this promotion (not including instances where each individual entry is deemed to be a legitimate entry for the purposes of this promotion). SMS entries via the internet are not valid and will not be accepted. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly are not valid and will not be accepted. In the event the Promoter deems an entry to be invalid and could in some way be connected to other entries by the same entrant (or is unidentifiable as to whether that particular entry is in fact a valid entry, the Promoter reserves the right (with reference to all relevant state and territory regulations) to request to see proof of validity of all of that entrants entries and then, if unsatisfied with the validity of all of those entries either deem some or all of that entrants entries invalid. Determination of this will be made by the Promoter in its complete discretion (with reference to relevant state and territory regulations).

29. The Promoter may conduct such further draws at the same time and place as the original draw as are necessary at 10:00 AEST on Wednesday, 14 July 2014 order to distribute any prize that remain unclaimed by that date, subject however to all reference to any relevant state and territory regulations. In the event of a winner in the unclaimed prize draw, the winner will be notified in writing and their name will be published in The Australian on Thursday 17 July 2014.

30. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.

31. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.

32. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).

33. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize

34. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

35. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.

36. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.

37. If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.

38. 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 State 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.

39. 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 the prize.

40. 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, 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.

41. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.