MECCA Online Brands Survey Competition

1. Overview

  • (a) This MECCA Online Brands Survey (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our).
  • (b) By entering this Competition, all entrants (you or your) will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our privacy policy. Any violation of these Terms or our privacy policy may result in disqualification from the Competition.
  • (c) To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
  • (d) The Competition:
    • (i) (i) begins at 9am Australian Eastern Daylight Time (AEDT) on Wednesday 12th February 2020; and
    • (ii) ends at 11:59pm AEDT on Wednesday 19th February 2020

2. Eligibility

  • (a) The Competition is open to Beauty Loop members who originally received our email to complete our MECCA Online Brands survey.
  • (b) Employees and contractors (and their Immediate Families) 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.
  • (c) 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.

3. How to Enter

  • (a) To enter the Competition, you must, during the Promotion Period, complete all the questions in the MECCA Online Brands survey linked in the email you received from us.
  • (b) This Competition is a game of skill. You are required to demonstrate skill, creativity and imagination in your entry.
  • (c) Entry is limited to 1 per person during the Promotion Period. If you submit multiple entries, you will be disqualified from the Competition.
  • (d) We will not accept any entries submitted after the end of the Promotion Period.
  • (e) The time of each entry will be the time the entry is received on our servers.
  • (f) We may, at any time:
    • (i)verify the validity of entries and entrants (including your identity, age and place of residence); and
    • (ii)disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
  • (g) We accept no responsibility for incorrect, incomplete, lost, late or misdirected entries.
  • (h) 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. Determination

  • (a) There will be 1 winner
  • (b) The winner will be determined by a judging panel:
    • (i) at our office at 34 Wangaratta Street, Richmond, Victoria, 3121, Australia; and
    • (ii) (between 9am and 5pm AEDT on Thursday, 20th February.
  • (c)We may select additional valid reserve winners and record them in case:
    • (i) an invalid entry or ineligible entrant is selected as a winner; and
    • (ii) we elect to replace this winner with the reserve winner.

5. Outcome

  • (a) The winner will be notified after 5pm AEDT on 20 February 2020 by phone using the contact details provided at the end of the survey.
  • (b) It is your responsibility to notify us in writing if your contact details change.
  • (c) The winner’s name and entry may be published on our websites, social media pages and other online channels, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details.
  • (d) Our judging panel’s decision is final.

6. Prizes

  • The winner will receive a $200 MECCA e-Gift Card (inclusive of GST) in AUD or NZD based on the winner's delivery address, which may only be used on the Australian or New Zealand MECCA website (as applicable).

7. Claiming the Prize

  • (a) To claim the prize, you must provide your full name and nominated Australian or New Zealand delivery address when we call you to notify you that you have won.
  • (b) The prize must be claimed within 48 hours of our call and is subject to product availability.
  • (c) If the winner does not claim their prize within this time, they will forfeit their prize and it will be awarded to the next eligible reserve entry.
  • (d) You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize.
  • (e) To claim the prize, we may require the winner to sign a legal release in a form we reasonably determine.
  • (f) It is a condition of claiming a prize that the winner must comply with all the conditions of use of the prize, including our Gift Card Terms and Conditions here (Australia) and here (New Zealand).
  • (g) Prizes, or any unused portion of a prize, are not transferable or saleable and cannot be taken or redeemed as cash, credit or equivalent. Prizes must be claimed as offered.

8. Entries

  • (a) We own all entries, including any intellectual property rights comprised in the entries and their content.
  • (b) You are responsible for the entry you submit, including its text, content and any accompanying comments.
  • (c) We are not liable in any way for your entry to the fullest extent permitted by law.
  • (d) We may remove or delete any entry without notice for any reason.
  • (e) You warrant and agree that:
    • (i) you will not submit any Submission 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;
    • (ii) you will obtain prior written consent from any person that appears or is identifiable in your Submission;
    • (iii) you will obtain prior written consent from any person who has jointly created or has any rights in your Submission to the uses and terms herein;
    • (iv) your Submission does not contain viruses and will not cause injury or harm to any person or entity; and
    • (v) you 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.

9. Personal Information

  • (a) Entries may be entered into a database.
  • (b) By submitting an entry, you consent to your details being used for this purpose. If you no longer consent to your details being used for this purpose, contact us using the details below.
  • (c) Your personal information may be disclosed to State and Territory lottery departments and published as required under the relevant lottery legislation.
  • (d) If you wish to access, or for us to update, correct or delete, your details or any information in your entry, contact us using the details below.

10. Liability

  • (a) To the fullest extent permitted by law, we make no warranties, representations or guarantees, express or implied, in fact or in law, regarding this Competition or the merchantability, quality or fitness for a particular purpose of any prize or component of any prize.
  • (b) Nothing in these Terms exclude, restrict or modify any rights or remedies in respect of goods or services under Schedule 2 of the Competition and Consumer Act 2010 (Cth) and Fair Trading Act 1986 (NZ) that cannot be excluded, restricted or modified.
  • (c) Subject to clause 10(b), we and our related bodies corporate (and the officers, directors, employees, contractors and agents of each of the foregoing) 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:
    • (i) any technical difficulties or equipment malfunction (whether or not under our control);
    • (ii) any theft, unauthorised access or third party interference;
    • (iii) any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by us or otherwise);
    • (iv) any variation in prize value or specification to that stated or referred to in these Terms;
    • (v) any tax liability or similar charge incurred by the winner; or
    • (vi) use of a prize by the winner.
  • (d) We 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, or alteration of, entries or any other event beyond our control. In these circumstances, we may, in our discretion, cancel the Competition (without liability) and recommence it from the start on the same conditions.
  • (e) We are not responsible for any problem or technical malfunction of any 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.
  • (f) You are solely responsible for any costs associated with accessing relevant websites, including Survey Monkey in order to enter the Competition, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.
  • (g) Without limiting any other terms, you indemnify us and our related bodies corporate (and the officers, directors, employees, contractors and agents of each of the foregoing) from and against your breach of these Terms.

11. Disruption to Competition

  • (a) If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to any reason beyond our reasonable control (including as a result of infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures), which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, we reserve the right, in our absolute discretion and to the fullest extent permitted by law, to:
    • (i) disqualify any entrant who tampers or interferes with the entry process; or
    • (ii) subject to regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
  • (b) Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If you are awarded a prize and then found to have breached this clause, you must (at your cost) immediately return any awarded prize to us. We will determine whether you have breached this clause in our absolute discretion and may request any documentation we deem necessary to determine whether a breach has occurred. You must immediately provide, at your own cost, any requested documentation upon our request.

12. General

  • (a) Any failure to enforce any of our rights does not constitute a waiver of those rights.
  • (b) At all relevant times, you must comply with the Survey Monkey Terms of Use at https://www.surveymonkey.com/mp/legal/terms-of-use/.
  • (c) This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms shall be governed by the laws of Victoria, Australia.
  • (d) The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 34 Wangaratta Street, Richmond, Victoria, 3121, Australia.
  • (e) If you have any questions regarding these Terms, you may contact us by email at customerservice@mecca.com.au or by telephone on +61 3 9420 7373 (Australia) or 0800 882 443 (New Zealand).