Terms & Conditions
PROMOTION GENERAL TERMS AND CONDITIONS
1. The promoter is An Affair with Italy Pty Ltd (ABN 71 154 101 747) (Promoter).
2. These Promotion General Terms and Conditions, together with any specific promotion rules specified in the Promoter's website, apply to all promotions conducted by the Promoter. To the extent of any inconsistency between these Promotion General Terms and Conditions and any other promotion rule, these Promotion General Terms and Conditions prevail. Eligibility
3. Unless otherwise specified on the Promoter's website:
(a) entry to this promotion is only open to residents of Australian states and territories;
(b) if entry to this promotion is open to residents of countries other than Australia, entrants are not entitled to enter this promotion if the entrant is resident in a country and/or jurisdiction where this promotion may breach any law or regulation in that country. Where this applies, the Promoter reserves the right to withdraw its invitation to enter into the promotion in such country and/or jurisdiction and deem any entries from such countries as ineligible to enter this promotion;
(c) there is a limit of one entry per person for this promotion.
6. Entrants into this promotion must be 18 years of age or older as at the date of entry.
How to enter
7. This promotion commences on the date of the announcement of the promotion on the Promoter's website.
8. The closing date and time of this promotion will be specified in the original post announcing the promotion on the Promoter's website, and entries must be submitted by this date and time. Any entry submitted after the closing date and time will be ineligible.
9. Entries must include all requested contact details to be eligible. Entrants may only enter in their own name. Incomprehensible, illegible, and incomplete entries will be deemed invalid. Number of entries permitted
10. Unless otherwise specified in the post announcing the promotion on the Promoter's website, entrants may only enter this promotion once.
11. Details of the prize/s to be awarded and how prize/s will be awarded will be specified in the post announcing the promotion on the Promoter's website.
12. Generally, the prize/s will be awarded on the basis of choosing the entry from entrants that, in the opinion of the Promoter, has demonstrated the highest levels of originality and creativity.
Notification of winner
13. The winner will be notified via email or as otherwise specified in the post announcing the promotion on the Promoter's website.
14. The Promoter, in its sole discretion, reserves the right to disqualify entries that it deems to be offensive, inappropriate, defamatory or otherwise unlawful or not in keeping with the spirit of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
15. If for any reason whatsoever the prize winner does not collect or redeem their prize by the date stipulated by the Promoter, then the prize will be forfeited by the winner and neither cash nor any other prize will be awarded in lieu.
16. If the winner does not claim or redeem their prize within 3 months of the date upon which the Promoter first attempts to contact him or her, he or she will forfeit the prize and the Promoter's judges will select the next best entry. This process will continue either until the particular prize is claimed or redeemed or all valid entries are exhausted, whichever occurs first.
17. Each entry becomes the property of the Promoter. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive, perpetual, irrevocable, transferable, worldwide license to use and exploit all intellectual property rights (including, without limitation, copyright) in and to the entry, and consents to the Promoter doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of an entrant's rights, including moral rights.
18. For the avoidance of doubt, the Promoter may use all or part of an entrant's entry for promotional, marketing or publicity purposes, whether in respect of this promotion or otherwise. Each entrant warrants to the Promoter that the entry submitted is an original work of the entrant and that it does not infringe the legal rights of any third party. A breach of the warranty set out in this condition will result in the entrant's entry being deemed invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant's breach of the warranty set out in this condition.
19. The Promoter reserves the right to disqualify any incomplete, indecipherable, or illegible entries and these will be deemed invalid. Any incorrect entrant details submitted may render the corresponding entry invalid.
20. If a prize (or part of any prize) is unavailable, the Promoter, in its sole discretion, reserves the right to substitute the prize (or that part of the prize) with an alternative prize to the equal value and/or specification, unless to do so would be prohibited by law.
21. The winners will be responsible for the collection (including associated costs) of the prizes. Where applicable, the Promoter accepts no responsibility for prizes lost or damaged in transit.
22. If for any reason whatsoever beyond the reasonable control of the Promoter, the promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to: (a) disqualify any entrant; and/or (b) cancel, suspend, modify, terminate or cancel the promotion.
23. Unless otherwise stipulated, no prize is transferable, exchangeable or redeemable for cash.
24. The Promoter will not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of entering this promotion, accepting and/or using a prize, except for any liability which cannot be excluded by law.
25. The Promoter will not be liable for any loss damage or injury arising, without limitation, out of any of the following:
(a) technical difficulties or equipment malfunction (whether or not under the Promoter's control);
(b) theft, unauthorised access or third party interference;
(c) entry or prize claim that is late, lost altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in prize value to that stated in these conditions of entry ;
(e) any tax implications; or
(f) a prize or use of a prize.
26. Each winner consents to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in an media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome), the Promoter and or the products/services supplied by the Promoter.
27. The Promoter collects personal information in order to conduct the promotion and provide any goods/services requested and may, for that purpose, disclose such information to third parties, including, but not limited to, prize suppliers or a regulatory authority and for any purpose to which the entrant has previously consented, including but not limited to, future promotional, marketing and publicity purposes. Entrants should direct any request to access, update or correct information to the Promoter.
28. All entries become the property of the Promoter and will not be returned to the entrant.