Win 1 of 5 $50 Colorado Vouchers – Ideal Adventure Instagram Competition 2018 (“Promotion”)
Terms and Conditions
NAME OF THE PROMOTER
1. The promoter of the Promotion is Australian Footwear Pty Ltd ACN 168 259 210 of Level 1, 850 Lorimer Street, Port Melbourne, VIC, 3207, telephone (03) 9420 8444 (“Promoter”).
HOW TO ENTER
2. Information on how to enter, the process of entry and the description of prizes, form part of these Terms and Conditions. Entry into the Promotion constitutes acceptance of these Terms and Conditions. It is important that you read and understand these Terms and Conditions.
3. The Promotion commences at 5:00pm AEDT on Wednesday, 3rd January 2018 and closes at 11:59pm AEDT on Wednesday, 17th January 2018 (“Promotional Period”) and is open to Australian residents only.
4. To enter, you must, during the Promotional Period, (1) “Follow” the @coloradoshoes Instagram page (https://www.instagram.com/coloradoshoes/) (“Page”) (if you have not already); (2) Like the competition post; and (3) answer this question in the comments section of the post: “What does your ideal adventure look like?”. Entries are unlimited and each entry must be no longer than 25 words.
JUDGING PROCESS AND PRIZES
5. All valid entries will be judged at the close of the Promotional Period, to determine five (5) winners. All entries will be judged on the basis of creativity and originality by a panel of appropriately qualified judges at the Promoter’s premises. The Promotion is a game of skill and chance plays no part in determining the winner. The judges’ decision is final and no correspondence will be entered into.
6. The winning five (5) entries (“Winners”) will each receive one (1) Colorado Gift Voucher to the value of $50 (including GST) (“Prize”). The Prize is redeemable online only. The Prize will be valid for 12 months from the date of issue and must be redeemed in one (1) transaction. Any unused portion of the Prize will be forfeited after the expiry date.
7. The Winner’s name will be published on the Colorado Shoes Instagram Page by 5:00 pm AEDT on Thursday, 18 January 2018. The Promoter accepts no liability for any misdirected, lost or unsuccessful efforts to notify the Winners.
8. Prize must be claimed from the Promoter by 5:00 pm AEDT on Thursday, 25 January 2018. If any Prize is not claimed by this date, the relevant winning entry will be deemed invalid and the Promoter reserves the right to redistribute that Prize at its discretion.
9. Winners must provide their postal address, telephone number and email address via an Instagram direct message to the Promoter when claiming their Prize. The prize will be sent by email to the winner once this information has been received.
10. Prizes are not transferable or exchangeable and cannot be taken as cash. 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. Should any Prize become unavailable, the Promoter reserves its right to substitute that Prize with items of an equivalent nature and value. However, the Promoter accepts no responsibility for any variation in Prize value.
ELIGIBILITY OF ENTRANTS AND ENTRIES
11. To be eligible to enter the Promotion, you must be an Australian resident aged 18 years or over. 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 (including Williams and Mathers Shoes retail store and clearance outlet staff) are ineligible to enter.
12. You may only enter in your own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion. All entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to verify the validity of your entry or entries and to request that you produce (within the requested time) appropriate photo identification or other documentation in order to confirm your identity, eligibility to enter and claim the Prize, and any other information submitted by you in entering the Promotion, before issuing the Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or you or your entry have not been verified to the Promoter’s satisfaction then your entry/entries will be ineligible and deemed invalid. The Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
13. 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. Any entries judged by the Promoter (in its absolute discretion) to be incomplete, inaccurate, erroneous, ineligible, incomprehensible or offensive will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
14. Any entry that contains content that the Promoter (in its absolute discretion) considers to be offensive, objectionable or inappropriate in any way or that the Promoter considers (in its absolute discretion) to infringe any intellectual property rights or other rights of any person, corporation or entity, will not be considered an eligible entry. This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services. The Promoter reserves the right to remove any inappropriate material at any time.
LIABILITY, INDEMNITY AND WARRANTIES
15. Subject to regulatory requirements, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion.
16. The Promoter, its associated agencies and companies exclude all liability, except that which cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, Prize claims or Prizes; and/or (iv) acceptance and/or use of the Prize.
17. Use of Facebook or Instagram generally is subject to the Facebook or Instagram prevailing terms and conditions of use available at https://www.facebook.com/policies and https://help.instagram.com/478745558852511 . You acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You also understand that you are providing your information to the Promoter and not to Facebook or Instagram. To the extent permitted by law, you agree to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by you in respect of your participation in the Promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook or Instagram.
18. Costs associated with accessing Facebook or Instagram remain your responsibility and may vary depending on the Internet service provider used. Contact details entered incorrectly via Facebook or Instagram by you will deem your entry invalid.
19. The use of any automated entry software or any mechanical, electronic or other means that allows you to automatically enter repeatedly is prohibited and will render all entries submitted by you invalid.
20. The Promoter reserves the right to disqualify you for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Terms and Conditions; or (c) if you are 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 you are reserved.
21. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Williams Shoes Page or the information on the Williams Shoes 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 Terms and Conditions or any other legal obligation by you, you agree to indemnify the Promoter for those losses, damages and costs.
22. By entering this promotion, you warrant to the Promoter that your entry does not contain content that:
(a) violates the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
(b) is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
(c) includes an image or reference to another person that you have submitted without that person's consent;
(d) contains any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
(e) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(g) is contrary to the requirements or directions of relevant regulators;
(h) solicits personal information from anyone under 18 years old;
(i) provides any telephone numbers, street addresses, URLs or email addresses;
(j) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming";
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(l) involves commercial activities and/or sales without the Promoter’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(m) 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; and/or
(n) 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.
23. As a condition of entering this Promotion, you consent to the Promoter using your entry (including your Photograph), name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. You also agree that all persons appearing in the Photograph have consented to the Promoter’s right to use the Photograph in accordance with this Clause 22. If for any reason the Promoter is unable to publish or otherwise use a Photograph submitted as part of this Promotion, that entry will be excluded and you will not be eligible to be awarded a Prize. You also agree that, in the event you are the winner, you will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
25. Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.
AMENDMENT OF TERMS AND CONDITIONS
26. The Promoter reserves the right to amend, delete or add to these Terms and Conditions, subject to any regulatory authority requirements, at any time without prior notice. You will be bound by such changes. The Promoter will post any changes to the Terms and Conditions on https://www.facebook.com/coloradoshoes.