HAMILTON Vinyl Giveaway Promotion

CONDITIONS OF ENTRY

1. Information on how to enter HAMILTON VINYL GIVEAWAY (“the Promotion”), mechanics of entry and prizes form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry by each Entrant. Entry is via Internet only.

 

2. Entry is only open to residents of New South Wales aged 16 years or older.

 

3. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this Promotion are ineligible to enter the Promotion. 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 1st cousin.

 

4. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the Promotion and provide Personal Information about themselves. All entries of Entrants who are under the age of 18 years and enter the Promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years).

 

5. The Promotion commences at 09:01am (AEST) on 16 July 2024 and closes at 11:59pm (AEST) on 28 July 2024 (Promotional Period) and will be as advertised on the HAMILTON AU social media channels and official website (“Promotional Page”).

 

6. To enter the Promotion, eligible Entrants must, during the Promotional Period for that promotion, fully and correctly complete and successfully submit their valid entry in the manner advertised. Eligible Entrants must provide all mandatory information required to complete their entry into the Promotion. Such information may include, but is not limited to, the Entrant’s relevant social media @handle, full name, residential address, contact telephone number and current and valid email address. If entry is via social media platform, Entrants must ensure that their relevant social media account used to enter the Promotion is set to ‘public’ prior to posting or entering. For the avoidance of doubt, if an Entrant fails to successfully submit their Entry in the manner required before the conclusion of the Promotional Period for that promotion, the Entry will not be judged as part of the Promotion.

 

7. Eligible Entrants may enter on only one (1) occasion for the Promotion, unless otherwise Any subsequent entry after the first valid entry received from an eligible Entrant will be deemed invalid. Where multiple entries are permitted, each entry must be substantially unique, must be submitted separately and must independently comply with these Conditions of Entry.

 

8. Costs associated with accessing the platform and Promotional Page remain an Entrant’s responsibility and may vary depending on the Internet service provider used.

 

9. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including but without limitation technical malfunctions or failures of the Promotional Page. It is an Entrant’s responsibility to notify the Promoter of any technical malfunction or failure of the Promotional Page and the Promoter will endeavour to remedy the technical malfunction or failure of the Promotional Page in a timely manner.

 

10. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. Entries must be received by the Promoter during the Promotional Period for the Promotion. The Promoter accepts no responsibility for late, lost or misdirected entries. Any incorrect information entered by an Entrant via the Promotional Page will deem an entry invalid.

 

11. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

 

12. Social media platforms including but not limited to TikTok, Instagram and/or Facebook membership, applications and use of such platforms are generally subject to the prevailing terms and conditions of use of the social media platforms. It is the responsibility of the Entrant to ensure that the Entrant’s use of the social media platform (whether for entering the Promotion or otherwise) complies with all such prevailing terms and conditions of use. The Entrant further understands that the Entrant is liable to the social media platforms for all liabilities that may be incurred by the Entrant in using the platforms. The Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform. Entrants understand that they are providing their information to the Promoter and not to the social media platforms. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to the social media platforms.

 

13. Entrants acknowledge that their personal social media channels (including but not limited to Instagram, Meta, TikTok) may be updated by entering the Promotion and that their entry and their name, locality, username and/or profile photograph may be featured on the HAMILTON AU social media pages on their personal social media page and generally on social media for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an entry is submitted, Entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).

 

14. For the Promotion, 1 winner will be judged from all entries received during the Promotional Period for that promotion. Each eligible entry judged to be a winner will win:

 

• 1x one-off deluxe limited edition HAMILTON vinyl signed by the Australian company (valued at AUD$300).

 

The prize pack value(s) for a given promotion will be as advertised. Tickets, gift cards and/or vouchers (if any) included in a prize pack are subject to prevailing terms and conditions of use including expiration dates. All prize values advertised are the Recommended Retail Price including GST. A prize, or any unused portion of a prize, is not exchangeable or transferable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any variation in prize value. The Promoter accepts no responsibility for prizes lost or damaged in transit. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.

 

15. The total value of all prizes to be awarded in a single Promotion will be AUD$300

 

16. All eligible Entries received during the Promotional Period will be judged by a panel of appropriately qualified judges by 10am 30 July 2024 (SYDNEY TIME) on the judging day (INSERT DATE) at Michael Cassel Group Sydney to determine the winning entries. All eligible Entries will be judged on the basis of originality and creative merit to determine the most inspiring answers. This is a game of skill and chance plays no part in determining the winners. The winner(s) will be notified in writing (using the private messaging feature of the promotional platform or email) within two (2) days of the judging and will be published on the Promotional Page website within seven (7) days of the judging and will remain on the Promotional Page for no less than twenty-eight (28) days. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.

 

17. The winner(s) must confirm their eligibility to be awarded a prize and their ability to accept a prize within 2 days of being successfully notified by the Promoter that their entry has been judged as the winning entry(ies), otherwise their entry will be deemed invalid. In the event that the Promoter cannot successfully contact any winner within three (3) months of the judging, or in the event of an invalid entry or an ineligible Entrant, or if an Entrant is ineligible to accept or declines to accept a prize, the Promoter may, in its sole discretion, award the prize to the next best judged entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded a prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Conditions of Entry, be deemed a winner of the judging.

 

18. It is a condition of accepting a prize that the winner may be required to sign a prize acceptance release or other legal release or releases in a form determined by the Promoter in its sole discretion.

 

19. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion and all entries 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 request Entrants produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm an Entrant’s identity, age, residential or email address, eligibility to enter and claim a prize and any information submitted by the Entrant 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 the Entrant or entry has not been verified or validated to the Promoter’s satisfaction within the time requested, that entry will be deemed invalid. All prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

 

20. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging 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 such an offender are reserved.

 

21. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Page or the information on the Promotional Page, or to otherwise undermine the legitimate operation of this Promotion, may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

 

22. If a prize or any element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of the Promoter’s choosing, of equal or greater value will be awarded to the winner in lieu.

 

23. If the Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), epidemic, pandemic, other disease outbreak, government imposed restrictions directly affecting the promotion, any form of local or national lockdown directly affecting the promotion, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, and/or if necessary to provide an alternative prize or prizes of the Promoter’s choosing, to the same value as an original prize or prizes.

 

24. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer 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, this 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; and/or (iv) acceptance and/or use of any prize.

 

25. An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter.

 

1. As a condition of entering the Promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s 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 this Promotion (including any outcome), and/or promoting any products manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to this Promotion as requested by the Promoter and its agents.

 

1. If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time of entry into the Promotion or as soon as practicable thereafter, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).

 

28. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at: sophie.inkster@michaecassel.com. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter.

 

29. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

 

30. Promoter: HAMILTON AUSTRALIA PRODUCTION PTY LTD (ABN: 34 632 290 352) of Post, 4.07/46A, Macleay St Potts Point NSW 2011. Phone: 02 8006 1334

 

Winner of promotion: Chris Walker, Post code 2289