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Win a Holiday: Full Terms and Conditions
“MODELCO WIN A HOLIDAY TO ONE&ONLY HAYMAN ISLAND” PROMOTION (“PROMOTION”)
FULL TERMS AND CONDITIONS
1. These terms and conditions, including information on how to participate and prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The promoter is ModelCo Pty Ltd (ABN 69 149 534 181) of Unit 5, 809 -821 Botany Road, Rosebery NSW, 2018, telephone 02 8354 6700 (Promoter).
3. The Promotion will commence at 12:01am AEST on 26/09/16 and conclude at 11:59pm AEDST on 26/11/16 (Promotion Period).
WHO CAN ENTER
4. Entry in the Promotion is only open to Australian residents, excluding:
(a) employees (and their immediate families) of the Promoter, participating Chemist Warehouse stores and agencies associated with this promotion, or firms or companies associated with the Promotion (including suppliers of the prizes). 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; and
(b) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter
(Eligible Entrants). The persons referred to in paragraph 4(a) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion, acting reasonably.
5. Eligible Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Entrant must read and consent to these Terms. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion.
6. Any prize awarded to an entrant that is later invalidated, must be refunded by that entrant in full and may be re-drawn in accordance with these Terms and Conditions.
HOW TO ENTER
7. To enter, Eligible Entrants must, during the Promotion Period:
(a) purchase any one (1) or more participating ModelCo product(s) (Participating Product) in a single transaction from a participating Chemist Warehouse store during the Promotion Period. A full list of Participating Products can be found in Annexure A below;
(b) visit www.modelco.com and follow the prompts to the ‘MODELCO WIN A HOLIDAY TO ONE&ONLY HAYMAN ISLAND’ entry page (Promotion Entry Site); and then
(c) input the requested details (including but not limited to their full name, age, email address, phone number and the full Chemist Warehouse receipt number) and submit the fully completed entry form (Online Entry Form) on the Promotion Entry Site.
8. Eligible Entrants may enter the Promotion multiple times over the Promotion Period provided that each separate entry is based on a separate qualifying Chemist Warehouse receipt and is submitted separately in accordance with these Terms. For the sake of clarity, Eligible Entrants can only receive one (1) entry per Chemist Warehouse receipt, regardless of the number of Participating Products purchased in excess of one (1) in that transaction.
9. If an Eligible Entrant submits an entry:
(a) which complies with these Terms, they will receive an on-screen notification confirming that their entry has been successfully submitted; or
(b) which does not comply with these Terms, they will receive an on-screen notification that their entry has not be successfully submitted,
whichever is applicable in the circumstances.
10. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
11. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means invalid.
12. Eligible Entrants must retain a copy of their purchase receipt(s) for all Eligible Entries as proof of purchase. Failure to produce the proof of purchase for all Eligible Entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, that one (1) or more participating ModelCo product(s) were purchased, and that the purchase was made during the Promotion Period but prior to entry.
13. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if won) and compliance with these Terms. If the items required by the Promoter are not received or an Eligible Entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the Eligible Entry submitted by the Eligible Entrant will be deemed invalid.
14. Prizes will only be awarded following all verification requirements of the Promoter being met to its satisfaction
15. Eligible Entrants can only enter the Promotion in their own name. Eligible Entrants who attempt to enter the Promotion using different names or contact details will be ineligible to win.
16. If more than one person attempts to claim the prize, the Promoter has sole and absolute discretion to determine which of those persons the winning Eligible Entrant is.
PRIZE DRAWS & PRIZE INFORMATION
17. The electronic prize draw will be conducted at ModelCo Pty Ltd, Unit 5, 809 -821 Botany Road, Rosebery NSW, 2018 (Draw Location).
18. A random electronic prize draw will be conducted at the Draw Location by a representative of the Promoter at 12 noon AEDST on 5/12/16 from all valid Eligible Entries received during the Promotion Period.
19. The first Eligible Entrant with an Eligible Entry drawn in the draw will win a trip to One&Only Hayman Island in Queensland for two (2) people valued at up to $6,250.00 RRP (including GST) depending on date and point of departure (Major Prize).
20. The Major Prize includes:
(a) Subject to clause 21, return economy airfares (carry-on baggage only) for two (2) people from the Major Prize winner’s nearest Australian capital city to Hamilton Island, valued at up to $2,500.00 RRP (including GST);
(b) Return boat transfers from Hamilton island to Hayman island only, valued at $840.00 RRP (including GST);
(c) Two (2) nights’ twin-share accommodation at the One&Only Hayman Island five-star resort, including breakfast daily on a set-menu, valued at $1,900.00 RRP (including GST);
(d) $500 spending money for the winner, awarded via an electronic funds transfer into an account in the winner’s name; and
(e) $500 ModelCo voucher for the winner, redeemable toward any products available on www.modelco.com.au.
MAJOR PRIZE CONDITIONS
21. Flights and transfers will not form part of the Major Prize if the winner resides in Hamilton Island or Hayman Island. In such instance the winner and their nominated companion must make their own way to and from the accommodation at their own expense in order to participate in the Major Prize.
22. All bookings must be made a minimum of 45 days in advance of requested departure dates. The Major Prize must be redeemed before 26/11/2017.
23. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age, at their own expense.
24. Travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with accommodation provider. Block out periods apply and include all Australian School & Public Holidays along with all other special event periods and weekends.
25. All aspects of the Major Prize (including travel and accommodation) are for two (2) people travelling together at all times.
26. The travel itinerary for the Major Prize is to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary.
27. Frequent flyer points will not form part of the Major Prize.
28. The Major Prize must be taken as stated. The Major Prize cannot be exchanged for other travel, flights or accommodation at other destinations. All components of the Major Prize must be taken together as a single trip to be booked by the Promoter. Once the Major Prize is booked, no changes can be made.
29. Major Prize participants must hold a valid credit card and present it on check in at the accommodation establishment, to cover any incidental hotel charges.
30. The Major Prize does not (except as expressly stated) include:
(a) any transport between a traveler’s residence and the departure airport (if applicable);
(b) any overnight accommodation while travelling to the departure airport or destination (if applicable);
(c) any other travel or accommodation;
(d) any incidental accommodation charges (such as mini-bar charges, telephone calls, in house movies, food and beverages);
(e) any insurance (such as travel or health cover), however the Promoter recommends the Major Prize participants cover themselves with travel insurance valid for interstate travel (if applicable). Receipt of insurance, if obtained, for all persons travelling must be supplied to the Promoter prior to travel. Should the Major Prize winner or their travelling companions fail to take out travel insurance, the Promoter will require them to sign a waiver prior to travel;
(f) any additional spending money or meals (other than those included);
(g) any other ancillary costs which may be incurred by those travelling.
31. Participation in the Major Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the Major Prize (Third Party Terms).
32. As a condition of accepting the Major Prize, the winner and companion must sign any legal documentation as and in the form required by the Promoter and/or Major Prize providers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the winner or 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.
33. Major Prize participants are responsible for compliance with all applicable Third Party Terms and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while a participant in the Major Prize. The Promoter assumes no liability (and will provide no compensation) to a Major Prize winner and/or nominated travel companion who, as a result of any failure to comply with any Third Party Terms:
(a) is unable to participate in the Major Prize (or any part of it); or
(b) suffers any other loss or damage.
34. In the event that for any reason the Major Prize winner or their nominated companion do not take an element of the Major Prize at the time stipulated by the Promoter then that element of the Major Prize will be forfeited by the Major Prize winner and/or nominated companions and cash will not be supplied in lieu of that element of the Major Prize.
35. The Major Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Major Prize is obtained through any of these methods, it will not be honoured.
36. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
NOTIFICATION OF WINNER
37. The winner will be notified in writing within two (2) business days of the draw and their name will also be advertised on www.modelco.com from 5/12/16.
UNCLAIMED PRIZE DRAW (IF ANY)
38. If the Major Prize is won by an Eligible Entrant and they do not claim their prize by 11.00 AEDST on 06/03/17, a random electronic re-draw will be conducted on that date at 12 noon AEDST at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion in order to distribute the Major Prize, subject to any directions from the relevant gaming departments (Major Prize Re-Draw).
NOTIFICATIONS OF RE-DRAW WINNER/S (IF ANY)
39. The Major Prize Re-Draw winner, if any, will be notified in writing within two (2) business days of the Major Prize Re-Draw and their name will also be advertised on www.modelco.com from 06/03/17.
40. The total prize value of the Promotion is up to $6,250 RRP (including GST).
41. All costs associated or arising in connection with the Major Prize are the responsibility of the winner.
42. The Major Prize is not transferable, exchangeable or redeemable for cash (unless specified otherwise). The Major Prize must be taken as offered and may not be varied.
43. The Promoter accepts no responsibility for any variation in the value of the Major prize from time of printing Promotion materials.
44. Acceptance and use of the Major Prize is subject to terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Major Prize.
45. If the Promoter is unable to provide any winner with the nominated Major Prize (or part of the Major Prize), the Promoter reserves the right to supply an alternative prize of equal or greater monetary value to the nominated prize, subject to any directions given by the relevant gaming departments.
46. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries.
47. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to the relevant gaming regulations, including cancelling, terminating, modifying or suspending the Promotion.
48. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or prize draw in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
49. Incomplete or indecipherable entries are not eligible to win.
50. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter’s decisions in relation to all aspects of the Promotion are final and binding on each Eligible Entrant and no correspondence will be entered into.
51. 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:
(a) Promoter, the Promoter’s related entities and all agencies associated with the Promotion; and
(b) employees, agents, directors and contractors, of all entities referred to in paragraph 49(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the prizes.
52. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Major Prize.
53. The Major Prize winner must, at the Promoter’s request, participate in any Promotion activity (such as publicity and photography) relating to winning the Major Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
54. CAUTION: Any attempt to deliberately 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.
55. Immediately upon submission all Eligible Entries become the sole property of the Promoter.
56. All information Eligible Entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and contacting the winner.
57. The Promoter may disclose Eligible Entrants’ Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.
58. By entering the Promotion, Eligible Entrants consent to their Personal Information being entered into a database and being used by the Promoter, the Promoter’s related entities and agencies engaged by the Promoter, for the Promoter’s current and future promotional and marketing purposes without further reference or compensation to them.
60. Entry is conditional on providing this Personal 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 Eigible Entrant. Eligible Entrants should direct any request to opt out, access, update or correct information to the Promoter.
Authorised under Permit Numbers – NSW Permit No. LTPS/16/05248, ACT Permit No. TP16/01300, SA Permit No. T16/1166
Congratulations to: Phoebe Scali
ANNEXURE A – Participating Products
ModelCo BLEND BUFFING MITT
ModelCo SELF-TAN BACK APPLICATOR
ModelCo GRADUAL TAN LOTION
ModelCo NATURAL TAN LOTION
ModelCo INSTANT TAN LOTION Medium
ModelCo ONE HOUR TAN
ModelCo TAN AIRBRUSH IN A CAN 180gm
ModelCo TAN AIRBRUSH IN A CAN 90gm
ModelCo TAN REMOVE Exfoliating Wipes
ModeCo Tan-TOX COFFEE BODY SCRUB – 200G
ModelCo DAILY WASH OFF BRONZE 150g
ModelCo TAN REMOVE SOAP