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MECCA MAX x Dyspnea competition: terms and conditions

1. Overview

  1. This MECCA MAX x Dyspnea Instagram competition (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our). 
  2. By entering this Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
  3. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
  4. The Competition: 
    1. begins at 12pm AEST on 20 May 2022; and 
    2. ends at 5pm AEST on 23 May 2022

(Promotion Period). 


2. Eligibility

  1. The Competition is open to Australian and New Zealand residents aged 18 years and over at the time of entry. 
  2. Employees and contractors of MECCA Brands Pty Ltd (ABN 11 077 859 931) (and their Immediate Families), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.  


3. How to enter

  1. This Competition is a game of chance. Skill plays no part.
  2. To enter the Competition, you must, during the Promotion Period:
    1. follow @meccamax and @dyspnea_ on Instagram;
    2. tag a friend in a comment on the Competition image posted on the @meccamax Instagram account (Competition Image).
  3. You need an Instagram account to enter the Competition.
  4. This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram or Meta Platforms (formerly Facebook).
  5. Your profile settings on Instagram must be set to public. Any entry submitted using a private profile setting will be invalid.
  6. You may submit multiple entries provided each entry is unique. 
  7. We will not accept entries submitted after the end of the Promotion Period. 
  8. The time of each entry will be the time and date displayed on your Instagram entry.
  9. 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. 
  10. Incomplete, indecipherable or illegible entries will be invalid at our discretion. 
  11. We are not responsible for incorrect, incomplete, late or misdirected entries. 
  12. 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. 

 4. Draw

  1. There will be 2 winners.
  2. The winners will be randomly drawn.
  3. We will conduct the draw at:
    1. our office at 34 Wangaratta Street, Richmond, Victoria, 3121, Australia; and
    2. 5.30pm AEST on 23 May 2022.
  4. We may draw additional valid reserve entries and record them in case:
    1. an invalid entry or ineligible entrant is drawn; and 
    2. we elect to draw on the reserve entries.

5. Outcome

  1. The winners will be notified at 5.45pm AEST on 23 May 2022 by direct message on Instagram.
  2. It is your responsibility to notify us in writing if your contact details change. 
  3. The first initial, surname and postcode of the winners will be announced via the Competition Image on our Instagram page on 23 May 2022.
  4. Entries and entrants' social media handles 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. Our draw is final. 

6. Prizes

  1. The total prize pool value for this Competition is AUD $1,514 (inclusive of GST) and consists of: 

Brand

Product

RRP

Quantity

Total

Dyspnea

Voucher

$500

2

$1,000

MECCA MAX

EYE MAX Mega Volume Mascara

$24

2

$48

MECCA MAX

Mini Mix Eyeshadow Palette - Live Lavish

$20

2

$40

MECCA MAX

Off Duty Glow Stick

$18

2

$36

MECCA MAX

Off Duty Blush Stick

$18

2

$36

MECCA MAX

Off Duty Blur Stick

$18

2

$36

MECCA MAX

Gloss Boss Lip Gloss - Rude Nude

$18

2

$36

MECCA MAX

Skincare Start Up Set

$49

2

$98

MECCA MAX

Pout Pop Lipstick - Chic

$20

2

$40

MECCA MAX

Brow Guru Clear Control Gel

$16

2

$32

MECCA MAX

Makeup Maximisers 5-Piece Essential Brush Set

$56

2

$112

Total

$1,514
  1. Prize values are based on the recommended retail prices in Australia on 17 May 2022. We accept no responsibility for any change in prize value on the date the prize is redeemed. 

7. Claiming the prize

  1. To claim the prizes, respond to the communication we sent you in accordance with clause 5(a) (which communication notifies you that you have won) with your full name, postcode, mobile number and nominated Australian or New Zealand delivery address.
  2. The prizes must be claimed as offered within 28 days of the winners’ announcement and is subject to product availability.
  3. 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 and stock availability. 
  4. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  5. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize(s). 
  6. You must comply with all terms and conditions of use of the prize(s).
  7. Before claiming the prizes, we may require you to sign a legal release in a form we determine. 

8. Redraw

  1. If a winner does not claim their prizes within the prescribed time, we will conduct a redraw: 
    1. using the same method of draw specified in clause 4(b); 
    2. at our office at 34 Wangaratta Street, Richmond, Victoria, 3121, Australia; and
    3. at 5.30pm AEST on 20 June 2022.
  2. The winner of a redraw will be notified at 5.45pm AEST on 20 June 2022 by direct message on Instagram.
  3. The first initial, surname and postcode of the winners will be announced via the Competition Image on our Instagram page on 20 June 2022.

9. Entries

  1. We own all entries, including any Intellectual Property Rights comprised in the entries and their content. 
  2. You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments. 
  3. We are not liable in any way for your entry to the fullest extent permitted by law. 
  4. We may remove or delete any entry without notice for any reason whatsoever. 
  5. 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, not suitable for children aged under 15, or otherwise unsuitable for publication; 
    2. you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it; 
    3. 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; 
    4. your entry does not contain viruses and will not cause injury or harm to any person or entity; and 
    5. 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.

 10. Personal Information

  1. Entries may be entered into a database. 
  2. By entering this Competition, you consent to us: 
    1. publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
    2. using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
  3. If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below. 

11. Liability

  1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1986 (NZ) that cannot be excluded, restricted or modified.
  2. Subject to clause 11(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents): 
    1. are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms; 
    2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and
    3. exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of: 
      1. any technical difficulties or equipment malfunction (whether or not under our control); 
      2. any theft, unauthorised access or third party interference; 
      3. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise); 
      4. any variation in prize value or specification; 
      5. any tax liability or similar charge incurred by the winners; or 
      6. use of a prize by the winners.
  3. We 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 in this Competition. 
  4. You are solely responsible for any costs associated with accessing the promotional websites on our Instagram page, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.
  5. Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.

 12. Disruption to Competition

  1. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law: 
    1. disqualify any entrant who tampers or interferes with the entry process; or 
    2. subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
  2. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred in our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

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. At all relevant times, you must comply with any terms imposed by Instagram. You can view Instagram's current Terms and Conditions of Use at https://help.instagram.com/478745558852511. 
  4. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
  5. The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 34 Wangaratta Street, Richmond, Victoria, 3121, Australia.
  6. If you have any questions or issues regarding these Terms or how this Competition is conducted, you may contact us at customerservice@mecca.com.au or on +61 3 9420 7373 or 0800 882 443. We will determine how any issues will be resolved.

14. Definitions

  1. AEST means Australian Eastern Standard Time.
  2. 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.
  3. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
  4. 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.
  5. Personal Information has the meaning in the Privacy Act 1988 (Cth).
  6. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).