ELWD “Buy Pants, Win Drill” Competition 2020 (“Promotion”)
Terms and Conditions
1. Promoter: Brand Collective Pty Ltd ACN 098 742 628 of 332 Lorimer Street, Port Melbourne, Victoria, 3207, Australia, which is the licensee of the ELWD brand in Australia.
How to Enter
2. Information on how to enter, mechanics of entry and prizes form part of these Terms and Conditions. Entry into this promotion constitutes acceptance of these Terms and Conditions. It is important that you read and understand these Terms and Conditions. 3. The Promotion will be conducted in the Promoter’s online store and via the Promoter’s facebook at https://www.facebook.com/elwdworkwear/ and Instagram account at @ELWDWorkwear. However, the Promotion is run solely by the Promoter and is not sponsored, endorsed, administered by, or associated with facebook or Instagram. 4. The promotional period will commence at 9.00 am (AEST) Sunday 7 June 2020 and finish at 11:59 pm (AEST) Tuesday, 30 June 2020 (“Promotional Period”). 5. To enter, you must, during the Promotional Period, visit www.elwd.com.au, purchase any ELWD item and complete an online entry form by entering your contact details (as a minimum your first name, last name and email address). 6. A maximum of two entries only per person. One transaction is equal to one entry.
Judging Process and Prizes
7. Judging will take place at the Promoter’s Premises after the close of the Promotional Period, on Wednesday, 1 July 2020 at 11.00am (AEST), and one (1) winning entry will be chosen at random (the “Winner”). The judges’ decision as to the Winner is final and no correspondence will be entered into. 8. The Winner will win one (1) drill (DEWALT 18V POWERDRIVER)valued at $599 (“Prize”). 9. The name of the Winner will be published on @ELWDWorkwear Instagram account and the Winner will be advised by email by Friday 3 July 2020. All reasonable steps to notify the Winner of the results of the judging will be taken by the Promoter. 10. The Winner must claim their Prize from the Promoter by 11:59 pm (AEST) on Friday 10 July 2020. If the Prize is not claimed by this date, that winning entry will be deemed invalid and the judges will select a new winning entry from the pool of remaining entries, at a time and place to be determined at the Promoter’s sole discretion. Any new Winner will be advised of the results of the judging within two (2) days of judging with his or her name being published on @ELWDWorkwear Instagram account as well as being advised by email. 11. The promoter will be responsible for delivering the Prize to the Winner. For the avoidance of doubt, the Promoter is not responsible for any item, service, cost, claim or matter not expressly stated to be included in a Prize, howsoever the same may arise. 12. The Prize is not transferable or exchangeable and cannot be taken as cash or sold for cash. The Prize must be taken as offered and cannot be varied. The Prize is not valid in conjunction with any other offer. The Promoter accepts no responsibility for any taxation implications which may arise from the Prize. If any component of the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a prize of equivalent value will be awarded in lieu.
Eligibility of Entrants and Entries
13. Entry is open to residents of Australia aged 18 years and over. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of the promotion are ineligible to enter. 14. You may only enter in your own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion. Any entry of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to verify the validity of any entry and to request that you produce (within the requested time) appropriate photo identification or other documentation in order to confirm your identity, eligibility to enter and claim a Prize, and any other information submitted by you in entering the Promotion, before issuing a Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or you or your entry have not been verified to the Promoter’s satisfaction then your entry will be ineligible and deemed invalid. The Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. 15. Entries will be deemed accepted and final at the time of receipt by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected entries. 16. Any entry that contains content that the Promoter (in its absolute discretion) considers to be incomplete, inaccurate, erroneous, ineligible, incomprehensible, offensive, objectionable or inappropriate in any way will be deemed invalid.
Liability, Indemnities and Warranties
17. Subject to the relevant regulatory authority prior written approval in each state in which the Promotion is being conducted, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. 18. Nothing in these Terms and Conditions purports to limit, exclude or modify the non-excludable statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection law in the states and territories of Australia. 19. Subject to clause 18 above, the Promoter, its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) acceptance and/or use of a prize; (v) personal injury or death and/or (vi) property damage. 20. By entering this Promotion, you warrant to the Promoter that your entry does not contain content that: a. violates the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity; b. is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable; c. includes an image or reference to another person that you have submitted without that person's consent; d. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; e. contains nudity, violence, or offensive subject matter or contains a link to an adult website; f. is contrary to the requirements or directions of relevant regulators; g. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming"; and/or
h. contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
21. The Promoter reserves the right to disqualify you for: (a) tampering with the entry process; (b)submitting an entry which is not in accordance with these Terms and Conditions; or (c) if you are engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from you are reserved.
22. As a condition of entering this Promotion, you consent to the Promoter using your entry(including your Photograph), name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. You also agree that, in the event you are the Winner, you will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents. 23. By entering the Promotion, you consent to the use of your personal information as set out in this Clause
24. Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision(or part thereof) in any other jurisdiction.
Amendments to Terms and Conditions
25. The Promoter reserves the right to amend, delete or add to these Terms and Conditions, subject to any regulatory authority requirements, at any time without prior notice. You will be bound by such changes. The Promoter will post any changes to the Terms and Conditions on www.elwd.com.au.
26. These terms and conditions are governed by, and are to be construed in accordance with, the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria and any court hearing appeals from those courts. These terms and conditions are also governed by the laws administered by the gaming and wagering entity in each state in which the Promotion is being conducted, example being the Gaming and Wagering Commission of Western Australia.
27. Authorised under: NSW Permit No. LTPS/20/43897