MECCA Presents the Charlotte Tilbury Glow In event and competition: 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 participants (you or your), will be deemed to have accepted 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 behalf of you. 
  4. To the extent of any inconsistency between these Terms and any other reference to the Event, these Terms prevail.

2. Registration

In order to attend the Event, you must:

  1. be the original intended recipient of our Event email invitation (Original Recipient); and
  2. follow the instructions provided in the Event email invitation to register via meccastudio.com.au/charlottetilbury with up to date and accurate contact details, including your full name and email address before 8pm AEST on 23 September 2021 or the Event’s attendee capacity of 40,000 individuals is exhausted (whichever is earlier).

3. Risk

You warrant that you are physically and mentally fit to safely participate in the Event and agree to participate in the Event solely at your own risk.

4. Privacy

4.1 Collection notice

  1. We will collect your Personal Information in the course of organising and conducting the Event, including any contact details we reasonably request from you when you register for the Event in accordance with these Terms.
  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;
    3. to contact you if you win a prize in the Competition in accordance with clause 5;
    4. publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
    5. 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. If you do not provide your Personal Information, you will be unable to attend the Event or enter the Competition.
  4. 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.

4.2 Contact

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

5. Competition

5.1 Overview
  1. We will conduct a game of skill (Competition) in connection with the Event.
  2. The Competition:
    1. begins at 7:00am Australian Eastern Standard Time (AEST) on 13 September 2021; and
    2. ends at 12pm AEST on 23 September 2021, (Promotion Period).

5.2 Eligibility

  1. The Competition is open to Original Recipients residing in Australia and New Zealand.
  2. Employees and contractors of MECCA (and their Immediate Families), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.

5.3 How to enter

  1. The Competition is a game of skill. You are required to demonstrate creativity in your entry. 
  2. To enter the Competition, you must, during the Promotion Period:
    1. respond, in 25 words or less, to the question in the Event registration form that asks you to describe why you love the Charlotte Tilbury brand; and
    2. complete all other required fields and submit the Event registration form to register for the Event.
  3. Once submitted, your entry is final and we will not accept any amendments.
  4. Entry is limited to 1 per person during the Promotion Period. If you submit multiple entries, you will be disqualified from the Competition. 
  5. We will not accept entries submitted after the end of the Promotion Period.
  6. 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.
  7. Incomplete entries will be invalid at our discretion.
  8. We are not responsible for incorrect, incomplete or late entries.
  9. 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.
  10. The time of each entry will be the time and date of receipt displayed by our internal servers.

5.4 Determination of winners

  1. There will be 5 winners.
  2. The winners will be determined, based on the creativity of their entries, by a judging panel:
    1. at our office at 34 Wangaratta Street, Richmond, Victoria, 3121, Australia or remotely from the private residence(s) of the judging panel in Melbourne, Victoria via Teams, Zoom or another video conferencing platform; and
    2. between 9am and 5pm AEST on 22 September 2021.
  3. We may select additional valid reserve winners and record them in case:
    1. an invalid entry or ineligible entrant is selected as a winner; and
    2. we elect to replace this winner with the reserve winner.
  4. Our judging panel’s decision is final.

5.5 Outcome

  1. The winners will be notified:
    1. during the Event, via a pop-up announcement message in the Event chat box; and
    2. within 7 days of the Event, by email from our Customer Service Team to the email address submitted in the Event registration form.
  2. It is your responsibility to notify us in writing if your contact details change.
  3. 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.

5.6 Prizes

  1. The total prize pool value for the Competition is up to AUD $10,000 (inclusive of GST).
  2. Each winner will receive a prize pack comprising Charlotte Tilbury cosmetic and beauty products valued at up to AUD $2,000 (Prize).
  3. Prize values are based on the recommended retail prices in Australia on 3 September 2021. We accept no responsibility for any change in prize value.

5.7 Prize conditions 

  1. To claim the prize, respond our email notifying you that you have won with your nominated Australian or New Zealand delivery address.
  2. The prizes must be claimed as offered within 14 days of the email notifying the winners they have won being sent and are subject to product availability.
  3. If a winner does not claim their prize within the prescribed time, they will forfeit their prize and it will be awarded to the next eligible reserve entry.
  4. Any part of the Prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
  5. A Prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  6. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the Prize.
  7. You must comply with all terms and conditions of use of a Prize.
  8. Before claiming the Prize, we may require you to sign a legal release in a form we determine.

5.8 Entries

  1. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
  2. You are responsible for your entry, including its content (such as text).
  3. We are not liable in any way for your entry to the fullest extent permitted by law.
  4. You warrant and agree that:
    1. you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider to be 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, or otherwise unsuitable for publication;
    2. you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
    3. your entry will not cause injury or harm to any person or entity; and
    4. you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  5. Entries may be entered into a database.

6. 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.

7. 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. You must ensure that your ability to participate in the Event is not impaired by alcohol or drugs.

8. 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, subject to any regulatory approval.

9. 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 9(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 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 or registration in the Event and/or Competition.  
  4. The release and indemnity contained in this clause 9 continue forever and bind your heirs, executors, personal representatives and assigns.

10. 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.

11. Definitions

  1. Australian Privacy Principle has the meaning in the Privacy Act 1988 (Cth).
  2. Competition has the meaning in clause 5.1(a).
  3. Event means the MECCA Presents Charlotte Tilbury Glow In In event, scheduled to be broadcast via meccastudio.com.au/charlottetilbury from 7pm to 8pm AEST on 23 September 2021.
  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. Original Recipient has the meaning in clause 2(a).
  7. Personal Information has the meaning in the Privacy Act 1988 (Cth).
  8. Prize has the meaning in clause 5.6(b)
  9. Related Bodies Corporatehas the meaning in the Corporations Act 2001 (Cth).