Giveaway - Terms and Conditions

ALYA SKIN - FOAMING MICELLAR CLEANSER CAR GIVEAWAY – TERMS AND CONDITIONS OF ENTRY

  1. The Promoter is ALYA SKIN PTY LTD (ACN 624 040 393) of 71 Rathdowne Street, Carlton VIC 3053;
  2. The competition will commence on 7:00pm AEST 19 November 2019 and ends on 12:00pm AEST 19 December 2019 (the “Competition Period”);
  3. Australian residents (those aged under 18 years old will require consent from their parent or legal guardian) are eligible to participate (“Eligible Entrants”). Directors, officers, management, employees, and immediate family members of the Promoter, Agencies or entities (including participating outlets) associated with the competition may not participate. 
  4. By entering into this competition you agree to be bound by these Conditions of Entry. 
  5. This competition is authorised by the following permit numbers: ACT Permit No. TP 19/04539, SA Permit No. T19/1840, NSW Permit No. LTPS/19/39491.

The Prizes

  1. The Prize for this competition is a Hyundai Accent Sport Auto 2019 in White and at the date of drafting of these terms, the value of this Prize competition is $20,721.00 (as calculated in Victoria). 
  2. Prizes may not be transferred or exchanged or redeemed for cash. Without limiting any other term in these Conditions of Entry, all prizes (and individual element of each prize) must be taken as and when specified by the Promotor or they will be forfeited in its entirety with no replacement. The prize values are correct at the date of preparing these Conditions of Entry. The Promoter is not responsible for the change in prize value and you agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide a replacement item of equal or higher value subject to any necessary approval by the relevant state/territory authorities. 
  3. If you are the recipient of a prize, you must take part in all publicity, photography and any other promotional activity as determined by the Promoter without compensation. You further consent to the Promoter using your name and image only in any promotional or advertising activity. 

How to Enter

  1. Eligible Entrants must have a current Instagram account and follow the entry instructions in these Conditions of Entry. 
  2. Eligible Entrants must during the Competition Period purchase an Alya Skin Foaming Micellar Cleanser  (the “Product”) from either:-
    1. A physical Priceline retail store in Australia; or
    2. The Priceline website at https://www.priceline.com.au; or
    3. The Promoter’s website at https://www.alyaskin.com .

Eligible Entrants must retain a copy of their proof of purchase in order to redeem the Prize if they are drawn as the winner of the competition. 

  1. Eligible Entrants must follow @alyaskinaus and tag a friend in the comments section below each giveaway post during the Competition Period. The friend must also follow @alyaskinaus. The Promoter takes no responsibility for any late entries or for any delays or failures in any telecommunications service or equipment.
  2. An Eligible Entrant may enter the Competition one (1) time only within the Competition Period.
  3. Any incomplete, misdirected, delayed, lost, misplaced, or illegible entries will be deemed invalid at the Promoter’s discretion. The Promoter will not be liable for your failure to comply with these Conditions of Entry. 
  4. Entries are deemed to be entered at the time the Promoter receives the Qualifying Entry. 

The Prize Draw 

  1. This competition is a game of chance and skill plays no part in determining the winner. 
  2. Each prize draw shall be conducted using a randomised, non-computerised selection method at the Promoter’s Address . If necessary, an independent witness will be arranged to witness the prize draw. 
  3. The prize draw will be conducted at 7:00pm on 19 December 2019 and the winner will be contacted immediately after by direct message on Instagram. 
  4. The name and post code of the winner will also be posted on the Promoter’s website (https://www.alyaskin.com),  Facebook (https://www.facebook.com/alyaskinaus/), and Instagram account (@alyaskinaus) immediately after the draw. 
  5. In the event a prize is forfeited or not claimed by an Eligible Entrant, the Promoter will re-award the relevant prize by carrying out a further prize draw on 20 March 2020 will notify the new winner on the same day. 

The Prize Winner

  1. In order to be entitled to the prize, the winner must, if requested by the Promoter:-
    1. provide the Promoter with details reasonably requested by the Promoter (including but not limited to proof of purchase of the Product) before 23 December 2019; and
    2. agree to and sign an eligibility form confirming their compliance with the Conditions and eligibility to accept the prize. The winner will forfeit his/her prize if he/she fails to ensure that all documents relating to that prize are signed in accordance with this condition and returned to the Promoter, as and when required by the Promoter.
  2. The winner of the Prize must be available to collect the prize from the Promoter’s nominated location within Melbourne, Victoria. In the event the Prize winner is located outside Melbourne, Victoria, the Prize winner will be responsible for the costs of shipping or transporting the Prize to their location, or the costs of travelling to Victoria to claim the Prize. 
  3. The Prize winner is responsible for all associated costs of winning the Prize, such as but not limited to fuel, car insurance, registration fees etc. The Prize winner will forfeit the Prize if they are unable to comply with this requirement.  
  4. The Prize must be taken as stated and no compensation will be payable if the winner is unable to use the Prize as stated. The Prize is not exchangeable for cash or other goods or services, and it cannot be transferred consented to by the Promoter at its absolute discretion. 
  5. It is a condition of accepting the Prize that the winner accepts all associated terms and conditions imposed by the manufacturer and/or vendor of the Prize.  

General

  1. The Promoter’s decision in connection with all aspects of this competition is final and will not enter into any negotiation or discussion as to its decisions. 
  2. The Promoter reserves its right to cancel or amend the promotion or to award similar alternative prizes of equal or greater value in the event of circumstances outside of its control subject to applicable state lottery and gaming laws. 
  3. Nothing in these Conditions of Entry restricts, excludes, or modifies any consumer rights under any applicable statute.
  4. Subject to the previous clause, the Promoter and the agencies and companies association with this competition are not liable (including but not limited to negligence) for any loss (including indirect, special, consequential, or loss of profits), expenses, damages, personal injury, illness or death suffered in connection with this competition or the use or enjoyment of any prize or part thereof except for any liability which cannot be excluded under statute (in which case it is limited to the greatest allowed by law). 
  5. The Promoter may at its absolute discretion prohibit an Eligible Entrant’s participation in this competition, cancel or suspend a prize or other cease to provide any prize to a winner if the winner is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
  6. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
  7. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the authorities that have issued permits for its conduct.
  8. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise).
  9. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
  10. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

Privacy and Personal Information

  1. The personal information Eligible Entrants provide will be used by the Promoter for the purpose of conducting this Promotion.  The Promoter may disclose entrants’ personal information to companies and agencies connected with this Promotion and to relevant authorities in the Relevant States, and the winner’s name and State/Territory of residence may be published in accordance with these Conditions of Entry and as required under relevant legislation.  The Promoter’s privacy policy is located at https://alyaskin.com.au/pages/terms-and-conditions and contains information about:
    1. how you can seek access to the personal information the Promoter holds about you and seek the correction of such information;
    2. how you can complain about a privacy breach and how the Promoter will deal with such a complaint; and
    3. whether the personal information the Promoter holds about you will be provided to overseas companies, and if so, in which countries those companies are located.
  1. The Promoter is not affiliated and is not an agent of Priceline, Instagram, Hyundai, or Facebook.