Terms & Conditions

Terms and Conditions of Swimwear Galore Instagram Competition October 2017

COMPETITION:

“To enter, eligible individuals must enter via their personal Instagram account and upload a picture of themselves. You must then hashtag #iwillembracesummer and tag @swimweargalore”

PROMOTER:

Swimwear Galore (ABN 65 006 680 548)

OPEN & CLOSE DATES & TIMES:

The promotion commences at 12pm Tuesday 3rd October 2017 and closes 11.59pm Monday 30th October 2017.

HOW TO ENTER:

  1. Information on how to enter and the prizes 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 older.
  3. Employees (and their immediate families) of the Promoterparticipating retailers 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. 
  4. Promotion commences on 3/10/2017 and closes at 11:59pm AEDST on 30/11/2017 (“Promotional Period”). 
  5. To enter, eligible individuals must enter via their personal Instagram account and upload a picture of themselves. You must then hashtag #iwillembracesummer and tag @swimweargalore.
  6. This is a game of skill. Entrants who tell us how they are going to embrace summer in a creative way will be looked upon favourably.
  7. Entry in the Competition is dependent on entrants following and acting in accordance with the Instagram and Facebook terms of use, which can be viewed at:

This Competition adheres to the terms and conditions set out in the Instagram and Facebook promotions guidelines, which can be found at:

  1. You must operate a public Instagram account in order to be eligible to enter.
  2. This is a game of skill. Chance plays no part in determining the winners. The Promoter will judge each entry individually based on creative merit.
  3. The Promoter’s decision is final and no correspondence will be entered into. 
  4. 5 winners will win a $250 Swimwear Galore Gift Card, a place in our professional summer campaign photoshoot and an invitation for you and 4 friends to our Summer Launch Party. Plus you will have the chance to strut your stuff down the runway at our Summer Launch Party!
  5. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
  6. For every entrant Swimwear Galore will make a contribution of $10 to the Body Image Movement.
  7. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By participating you hereby release and hold Instagram harmless from any and all actions, claims, demands, damages or costs arising or resulting from this promotion.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including their 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. 
  9. Incomplete or indecipherable entries will be deemed invalid. 
  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 judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. 
  12. The winning entrant will be notified over Instagram.  
  13. Winners have until 5/11/17 to claim their prize and confirm their availability for the photoshoot and Summer Launch Party or prize will be forfeited.
  14. Winners must be available for the photoshoot on 15/11/17 and for the Summer Launch Party on 30/11/17 otherwise prize will be forfeited. The photoshoot & Summer Launch party will be in Melbourne, Australia. For winners who reside in Melbourne transfers to and from the photoshoot and Summer Launch Party will be provided via Taxi/Uber. For interstate winners return economy flights and one night accommodation plus internal transfers will be provided for both the photoshoot and Summer Launch Party.
  15. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to promotional questions (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants agree that: 

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; 

(b) The Content shall not contain viruses or cause injury or harm to any person or entity; 

(c) They will obtain prior consent from any person or from the owner(s) of any property that appears in the Content; 

(d) The Content is the original work of the entrant and/or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party; 

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and 

(f) They will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. 

Without limiting any other terms herein, each entrant agrees to indemnify the Promoter for any breach of the above terms.                

  1. As a condition of entering this promotion, each entrant grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 
  2. 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) to modify, suspend, terminate or cancel the promotion, as appropriate. 
  3. Any cost associated with entering the promotion is the entrant’s responsibility and is dependent on the Internet service provider used. 
  4. 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.  
  5. The Promoter collects 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 and service providers. Entry is conditional on providing this PI. PI of entrants will be added to the Promoter’s database and may be used for an indefinite period, unless otherwise advised, for promotional and marketing purposes. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.swimweargalore.com.au/faq/privacy. The Privacy Policy also contains information about how individuals may opt out, access, update or correct their PI, how individuals 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 will not disclose personal information collected through this promotion to any entity outside of Australia. 
  6. The Promoter is Swimwear Galore (ABN 65 006 680 548) of 6 Kingston Town Close, Oakleigh, VIC 3166