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1818 GiveAway Instagram Competition

  1. The terms and conditions contained herein, together with any other information on how to enter and win prizes in the competition referred to as the “Competition”, comprise the terms and conditions (“Terms and Conditions”) to which you submit when entering the Competition. If you submit an entry, or read the Terms and Conditions and thereafter take any steps howsoever with respect to submitting an entry, or otherwise participate in this Competition, you are deemed to have accepted these Terms and Conditions and for the purposes of these Terms and Conditions you are referred to as an “Entrant”.
  2. The promoter is Brooks Brothers Australia Pty Ltd ABN 14 165 287 203 of U15, Level 2, 409 George Street, Sydney 2017, NSW Australia.

Eligibility#

  1. Entry is only open to Australian residents.
  2. An Entrant must be the age of 18 years or over.
  3. Employees, and their immediate family, of Brooks Brothers Australia are not eligible to enter this Competition. Immediate family means any of the following: spouse, ex-spouse, de facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.
  4. An Entrant can submit more than one entry, with a maximum of one entry per photo.

How to Enter#

  1. To enter the Competition, an Entrant must answer the questions with a picture. They must post their own image to their Instagram account, tag and follow @brooksbrothers.australia on Instagram, and use the hashtag #1818GiveAway and write in the image an answer to the competition question. No purchase is necessary to enter.
  2. Each Entrant consents to Brooks Brother Australia using the Entrant’s name, likeness, and image in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome) on the Brooks Brothers Australia website or Instagram channel, and promoting any products manufactured, distributed or supplied by or related to Brooks Brothers Australia.
  3. Each Entrant may only submit entries on the day of the competition (18th of each month). Competition closes at 11.59pm on the same day the competition is posted. All times referred to in these Terms and Conditions are Australian Eastern Standard Time.
  4. When submitting an entry, an Entrant must comply with all applicable laws and regulations and must not post, submit or transmit any video, information, image, text or other material of any kind whatsoever that:
  5. (i) violates or infringes upon the rights of any other person, including a person’s intellectual property or privacy rights;
    (ii) is unlawful, offensive, threatening, abusive, defamatory, derogatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
    (iii) vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    (iv) identifies any person other than the Entrant, unless the Entrant has obtained the consent of that person to submit the material for the purposes of the Competition and consents to, and submits to the application of, clause 2 of ‘How To Enter’ of these Terms and Conditions as if that clause 2 applied to that person as an Entrant;
    (v) advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; and
    (vi) is knowingly incorrect, misleading or deceptive.

  6. Brooks Brothers Australia may, but is under no obligation to, monitor or review the contents of the entries and may choose in its sole and unfettered discretion to not promote or show any materials (in whole or in part) for any reason whatsoever including but not limited to that the content is in Brooks Brothers Australia view in any way objectionable or may possibly be in violation of any applicable law or these terms and conditions or not promote or adversely effect in any way Brooks Brothers Australia or a Brooks Brothers product or service.
  7. The Entrant remains liable for the content of any video, information, image, text or other material submitted as an entry and indemnifies and holds harmless Brooks Brothers Australia against and from any claims whatsoever and howsoever arising with respect to the Entrant’s entry.
  8. Without limiting any other terms herein, the Entrant indemnifies Brooks Brothers Australia and its directors, officers, employees, and agents (“Indemnified Parties”) on a full indemnity basis for all direct and consequential loss, causes of actions, demands, damages, fines, penalties or other costs or expenses of any kind or nature whether monetary or capable of being converted into money, suffered by any of the Indemnified Parties, as a result of, or caused or contributed to by, any act or omission, including any breach of any of these terms and conditions, by the Entrant.

Judging#

  1. All entries will be judged by the Brooks Brothers marketing team, with one “overall winner” chosen.
  2. The Winner will be selected by 11.59pm the following day (19th of the same month). Judging will take place at Brooks Brothers Australia office in Waterloo Sydney (or at an undisclosed location otherwise determined as required by Brooks Brothers Australia.
  3. This is a game of skill. Chance plays no part in determining the Winner. Each valid entry will be assessed for creative merit, and entertainment value around the Instagram photo and its description.
  4. The Winner will be notified by Instagram messaging before or on 20th of the same month. The Winner may also be published on the Brooks Brothers Australia Instagram account www.instagram.com/brooksbrothers.australia

Prizes#

  1. The total prize pool is stated in the competition post by Brooks Brothers Australia. The prize will come in the form of a product only and will be sent to the winner once they confirm their size and their Australian postal address. If we do not have the size available, Brooks Brothers Australia will confirm the replacement winning product in its sole discretion.
  2. Prizes are not transferable or exchangeable and cannot be taken as cash/gift-card.

General Terms and Conditions#

  1. Brooks Brothers Australia reserves the right, at any time, to verify the validity of any entry and Entrant (including an Entrant’s identity and age) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process, including where Brooks Brothers Australia reasonably suspects that an entry has been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information or entries that have been submitted through the use of multiple identities, email addresses or accounts. Incomplete, indecipherable or illegible entries may be deemed invalid and errors and omissions will be accepted at Brooks Brothers Australia discretion. Brooks Brothers Australia failure, or decision not, to enforce any of its rights at any stage does not constitute a waiver or variation of those rights.
  2. Brooks Brothers Australia’s decision is final and binding, and the Entrant does not have any right to dispute the decision or grounds for the decision, the Entrant has no right of reply or right to be heard, and these Terms and Conditions can be pleaded in bar to any claim or proceedings brought by the Entrant in any way relating to the Entrant’s entry, Brooks Brothers Australia decision or anything undertaken, submitted or accepted in accordance with, with respect to, or by virtue of these Terms and Conditions.
  3. If the Competition is interfered with in any way, or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Brooks Brothers Australia, including as a result of mechanical, electrical or electronic tampering or fraud, Brooks Brothers Australia reserves the right, in its sole discretion, to the fullest extent permitted by law either or both of (a) to disqualify any Entrant, including any entries submitted by the Entrant; and (b) to modify, suspend, terminate or cancel the Competition, as appropriate.
  4. The Entrant is liable for any cost or liability associated with accessing the Instagram page or promotional website including any liability to any internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically repeatedly enter is prohibited and may render all entries submitted by the Entrant invalid.
  5. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (Cth) 2010, as well as under any other similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
  6. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Brooks Brothers Australia (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) the Competition; (b) any technical difficulties or equipment malfunction (whether or not under the Cover-More ‘s control); (c) any theft, unauthorised access or third party interference; (d) any entry, or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Cover-More) due to any reason beyond the reasonable control of Brooks Brothers Australia; (e) any information, image, text or other material of any kind whatsoever submitted as an entry in this Competition (f) any variation in prize value to that stated in these Terms and Conditions; (g) any tax liability incurred by the Winner or Entrant; or (h) use of the prize.
  7. This promotion is in no way sponsored by any other entity other than Brooks Brothers Australia and can be cancelled or modified at the promoters at its discretion.
  8. By entering this Competition you agree and acknowledge that this Competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
  9. By entering in the Competition, each Entrant agrees that New South Wales law, without regard to conflicts of laws principles will apply to all matters relating to this Competition. In the case of a dispute, the Entrant agrees to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, except where, by law, such dispute must be brought in the jurisdiction in which the Entrant is domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.