The Beauty Diary – Win $100 Westfield Gift Cards + Bobbi Brown Lipsticks – Survey Competition

“BEAUTY DIARY – “SUMMER 2013 BOBBI BROWN” PROMOTION
TERMS AND CONDITIONS
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. Promotion commences on 8 Jan 2014 and ends at 11:59pm AEST on 31 Jan 2014 (“Promotional Period”).
3. Entry is only open to female Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, exspouse, 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.
4. Any person qualifies to participate in the competition and submits answers to a Bobbi Brown Survey during the promotional period will automatically receive one (1) entry in the draw.
5. Entries in the competition are limited to one (1) per qualifying participant.
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
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.
7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. 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.
9. The draw will take place at bU Australasia Pty Limited, Level 1, 145 William
Street, Darlinghurst NSW 2009 on 3 Feb 2014 at 10:00 AM AEST.
Winners will be notified in writing by email within two (2) business days of the
draw. Winners will be published online at www.thebeautydiary.com.au within
two (2) business days of the draw. Winners of prizes valued at over $250 from
Victoria will be published in The Herald Sun on within two weeks of the draw.
The Promoter’s decision is final and no correspondence will be entered into.
10. Westfield gift card prizes: Conditions and exclusions apply. For full
Terms of Use visit https://www.westfieldgiftcards.com.au/Online/Content/Downloads/TandCs.pdf.
11. Any ancillary costs associated with redeeming a gift card are not included.
Any unused balance of a gift card will not be awarded as cash. Redemption of
a gift card is subject to any terms and conditions of the issuer including those
specified on the gift card.
12. RELEASE AND INDEMNITY: Each Participant in this Promotion, including,
without limitation, each prize winner, hereby releases and agrees to hold
harmless bU Australasia and/or any Sponsor from any and all liability for any
injuries, loss or damage of any kind to person, including death, and property,
arising in whole or in part, directly or indirectly, from acceptance, possession,
use or misuse of the Prizes or any substitution, participation in this Promotion
and participation in any activity related to this Promotion.
13. If any prize is unavailable, the Promoter, in its discretion, reserves the right to
substitute the prize with a prize to the equal value and/or specification, subject
to any written directions from a regulatory authority.
14. Total prize pool value is $1320.
15. A draw for any unclaimed prizes may take place in THREE MONTHS AFTER
ORIGINAL DRAW DATE 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 by email within two (2) business days of the draw. Winners
will be published online at www.thebeautydiary.com.au on within two (2)
business days of the draw. Winners of prizes valued at over $250 from
Victoria will be published in The Sun Harold on within two weeks of the draw.
16. 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.
17. 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.
18. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used. The use
of any automated entry software or any other mechanical or electronic means
that allows an entrant to automatically enter repeatedly is prohibited and will
render all entries submitted by that entrant invalid.
19. 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.
20. Except for any liability that cannot by law be excluded, including the NonExcludable 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.
21. 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 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. Entrants
should direct any request to opt out, access, update or correct information to
the Promoter. All entries become the property of the Promoter.
22. The Promoter is bU Australasia Pty Ltd (ABN 71 095 482 965) of Level 1, 145
William Street, Darlinghurst NSW 2009. Telephone: 02 9356 8599.
NSW Permit No. LTPM/13/00063 ACT Permit No. ACT TP 12/04165