MECCA presents the Beauty Election In-Store Celebrations event: terms and conditions

1. Overview

  1. MECCA Brands Pty Ltd of 34 Wangaratta Street, Richmond, Victoria, 3121, Australia (ABN 11 077 859 931) (MECCA, we, us or our) is the organiser of the Event and promoter of the Competition.  
  2. By registering for and/or participating in the Event, all registrants/participants (you or your), will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our Privacy Policy.
  3. If you are under 18 years of age, your parent or guardian must read these Terms and accept them on your behalf. 
  4. To the extent of any inconsistency between these Terms and any other reference to the Event, these Terms prevail.

2. Registration

  1. You must be an original intended recipient of our Event email invitation, and register in accordance with these Terms, in order to participate in the Event. 
  2. Registration will be managed via Eventbrite (Site).
  3. To register, you must follow the instructions provided in the Event email invitation we sent you to:
    1. complete the registration form with up to date and accurate contact details, including your full name email address and billing details and the full name and email address of 1 guest; and
    2. pay the fee of NZD$30 (including GST) (Fee) plus any applicable card surcharges, via the Site before the Event’s attendee capacity of 80 attendees is exhausted.
  4. In consideration for your registration and payment of the Fee, MECCA will grant you and your nominated guest, access to the Event.
  5. By registering for the Event using the Site, you may be subject to the terms and conditions, privacy policy and / or another document of a third party, which may include the Site operator. You should carefully review any such documents. MECCA is not responsible for the practices of any third parties, including the Site operator.
  6. If you change your mind about attending the Event, you may contact us at customerservice@mecca.com.au to cancel your Event registration and request a refund of the Fee (excluding any applicable surcharges), provided your request is received by us at least 48 hours before the Event start time.
  7. To the maximum extent permitted by law and subject to clause 12(a), the Fee cannot otherwise be transferred, refunded, exchanged or redeemed for products, services or cash.

3. Risk

  1. You acknowledge and understand that:
    1. the Event may involve medical or health risks, risk of illness (including COVID-19) or infection, risk of an allergic or other reaction (including as a result of the use of any cosmetic products available to be used or purchased at the Event, whether or not you have a pre-existing sensitivity to those products or not) and risks to your personal property; and
    2. you are responsible for:
      1. the safety and security of your personal property or equipment during and after the Event;
      2. where possible, social distancing and/or taking appropriate protective measures (such as wearing a face mask and sanitising your hands) to mitigate the risk of transmission of COVID-19.
  2. You warrant that you are physically and mentally fit to safely participate in the Event. If you are:
    1. aware or become aware of any illness, injury or other condition, whether physical or mental, that may impair your ability to safely attend or participate in the Event or that may impact the safety or health of others; or
    2. uncertain whether you are sufficiently fit to participate in the Event, then you must refrain from attending or participating in the Event.
  3. You agree to:
    1. participate in the Event solely at your own risk; and
    2. receive any medical treatment, including ambulance transportation, that MECCA (or its employees, volunteers, contractors, partners or agents) deem necessary or advisable in the event of injury, accident and/or illness during the Event.

4. Photography

  1. During the Event, photos, screenshots, videos and/or audio and visual recordings, including screen recordings (collectively, Photos) may be taken of you.
  2. If you do not wish to have Photos taken of you, please do not attend the Event.
  3. You understand:
    1. you may be captured in the Photos; and
    2. the Photos may reveal your Personal Information (ie identify you or be capable of identifying you), including your sensitive information (eg race, health conditions and religious beliefs).
  4. You consent to us:
    1. taking Photos of you during, or immediately before or after, the Event; and
    2. using the Photos worldwide for the purposes specified at 5.1(b)(iii), whether in their original form or edited or altered.
  5. Our rights to use the Photos will be in perpetuity.
  6. Given the nature of the internet, a Photo of, or featuring, you that we share or publish online or via social media will be available and accessible worldwide and we will not be able to ensure overseas viewers do not breach the relevant Australian Privacy Principles in relation to that Photo.
  7. We own the Photos we take of you, including the Intellectual Property Rights subsisting in those Photos.
  8. You acknowledge that you are not entitled to remuneration, royalties or any other payments from us in respect of our use of the Photos.
  9. MECCA is not responsible to you or anyone else for the use of any photos (including screenshots) or recordings, which are taken during the Event by persons not authorised or approved by MECCA.

5. Privacy

5.1 Collection notice

  1. We will collect your Personal Information in the course of conducting the Event, including:
    1. any contact details we reasonably request from you when you register for the Event in accordance with these Terms; and
    2. any Photos we take of you while you attend or participate in the Event.
  2. We will use your Personal Information:
    1. to organise and host the Event;
    2. to register you for, and communicate with you about, the Event; and
    3. for our marketing and promotional purposes, including posting, uploading, sharing or otherwise using your Personal Information (such as your name) in any media (including our websites at www.mecca.com.au and www.meccabeauty.co.nz and our social media channels, such as Instagram, Facebook, Twitter, YouTube, TikTok and LinkedIn), worldwide, for an unlimited period and without payment to you. This may include promoting this Event, the Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
  3. Visit our Privacy Policy for information on our privacy practices, including how you may access or correct your Personal Information, our complaints process and the types of entities or individuals we may provide your Personal Information to.

5.2 Contact

If you have any privacy queries, please contact us at privacyofficer@mecca.com.au or on 1800 007 844 (if you are in Australia) or 0800 882 443 (if you are in New Zealand).

6. Gift

  1. (a) If you register for the Event in accordance with these Terms and attend the Event for its full duration, we will provide you with a MECCA gift card valued at a recommended retail price of NZD$50 (Gift).
  2. Limit of 1 Gift per Event participant applies.
  3. You must be present, and claim your Gift as offered, at the Event or it will otherwise be forfeited.
  4. Any part of the Gift may be replaced with something of similar value or specification if it is unavailable or out of stock.
  5. To the extent permitted by law, a Gift is not transferable, saleable or redeemable as cash, credit or equivalent.
  6. You must comply with all terms and conditions of use of a Gift.
  7. MECCA may terminate this offer at any time.

7. Competition

7.1 Overview

During the Event, we will conduct a game of chance (Competition).

7.2 Eligibility

  1. The Competition is open to Australian residents that validly register for the Event in accordance with these Terms.
  2. Employees and contractors of MECCA Brands Pty Ltd (ABN 11 077 859 931), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.  

7.3 How to enter

  1. This Competition is a game of chance. Skill plays no part. 
  2. To enter the Competition, you must be the holder of 1 of 3 winning raffle tickets.
  3. We may, at any time:
    1. verify the validity of entries and entrants (including your identity, age and place of residence); and
    2. disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
  4. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

7.4 Determination of winners

  1. There will be 3 winners. 
  2. A raffle draw will be held during the Event. The winners will be randomly determined.
  3. Upon arrival at the Event, a MECCA team member will be handing out raffle tickets to each Event attendee. 
  4. If you receive a raffle ticket with a winning number on it, a MECCA team member will notify you that you are a winner and provide you with you one of 3 door Prizes.
  5. The names and entries of the winners may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle.
  6. We may draw additional valid reserve entries in case:
    1. an invalid entry or ineligible entrant is drawn; and
    2. we elect to draw on the reserve entries.

7.5 Prizes

  1. The total prize pool value for this Competition is approximately NZD$600 (inclusive of GST).
  2. Each winner will receive a MECCA product haul, valued at approximately NZD$200 (inclusive of GST) (Prize).
  3. Prize values are based on the recommended retail prices in Australia on 5 April 2022. We accept no responsibility for any change in prize value.

7.6 Prize conditions

  1. You must be present, and claim your Prize as offered, at the Event or it will otherwise be forfeited.
  2. Any part of the Prize may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
  3. A Prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  4. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the Prize.
  5. You must comply with all terms and conditions of use of a Prize.
  6. Before claiming a Prize, we may require you to sign a legal release in a form we determine.
  7. If we suspect, or become aware, that you have:
    1. tampered or interfered with our process for selecting winners and providing Prizes; or
    2. breached these Terms, you will not be eligible for a Prize or, if you have already received a Prize, you must immediately return the Prize.

8. MECCA directions

  1. You agree to abide by all decisions, directions and rules issued by us (or our employees, volunteers, contractors, partners or agents) from time to time in relation to the Event (collectively, Directions). Our Directions are final, and no correspondence or communication can be entered into in relation to our Directions.
  2. Any safety precautions undertaken by our employees, volunteers, contractors, partners or agents are for your benefit and that of other participants. We do not guarantee your safety. Any safety measures taken or adopted by MECCA for the Event do not detract from your responsibility to take care for your own safety and medical conditions and for the safety and medical conditions of others.

9. Behaviour

  1. At all times during the Event, you must ensure that you do not behave in a rude, offensive or aggressive manner or engage in any conduct which damages or diminishes the reputation of MECCA or the Event.
  2. The Event is a smoke and drug free event and you must ensure that your ability to attend and participate in the Event is not impaired by alcohol or drugs.

10. Alcohol

  1. Alcohol will be served at the Event. You must not bring alcohol to the Event.
  2. You must be aged 18 years or over to be served and/or consume alcohol at the Event.
  3. On request, you must provide a valid proof of identification document (such as an Australian driver’s licence, an Australian learner’s permit or an Australian or foreign passport) to verify that you are aged 18 years or over in order to be served alcohol at the Event.
  4. If consuming alcohol, you must do so responsibly.

11. Disruption to Event

If, for any reason, the Event or Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, we may, without liability, to the fullest extent permitted by law, cancel, terminate, modify, reschedule, relocate or suspend the Event and/or Competition, as appropriate.

12. Release, liability and indemnity

  1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
  2. Subject to clause 12(a) and to maximum extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, volunteers, contractors, agents and partners) (collectively, the Released):
    1. are not liable for, and you release the Released from, any personal injury or loss, damage, claim, demand, proceeding, liability or expense (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Event and/or the Competition, including any personal injury (physical or mental), property damage, death or permanent injury to you or anyone else;
    2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding the Event or the merchantability, quality or fitness for purpose of or the accuracy of information (such descriptions, colours, ingredients, information or other content) provided about any Gifts, Prizes, products or services;
    3. are not responsible or liable (directly or indirect) for the content or accuracy of, and do not endorse any action or representation of, any third party during the Event; and
    4. are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials during the Event.
  3. You indemnify the Released against all liabilities, demands, proceedings, losses, damages, expenses or costs (including direct, indirect or consequential losses, damages, costs and expenses) arising out of, or in connect with, your participation in the Event and/or Competition.
  4. The release and indemnity contained in this clause 12 continue forever and bind your heirs, executors, personal representatives and assigns.

13. General

  1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
  2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force
  3. This Event and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
  4. If you have any queries about these Terms, you may contact us at customerservice@mecca.com.au or on 1800 007 844.

14. Definitions

  1. Australian Privacy Principle has the meaning in the Privacy Act 1988 (Cth).
  2. Competition has the meaning in clause 7.1.
  3. Event means the MECCA presents the Beauty Election In-Store Celebrations event, scheduled to be held at MECCA Maxima Auckland, 203 Queen Street, Auckland CBD, Auckland, 1010, New Zealand from 6:30pm to 8:30 NZST on 11 May 2022.
  4. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
  5. Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
  6. Personal Information has the meaning in the Privacy Act 1988 (Cth).
  7. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).