VIP EARLY ACCESS TIKTOK COMPETITION
1. Your entry into the promotion is deemed your acceptance of these Terms and Conditions.
2. The promoter of this competition is A&S Labels Pty Ltd (ACN 164 210 860), PO Box 566, Richmond, Victoria, 3121 (“Promoter”), which trades as I.AM.GIA.
Duration and Deadlines
3. Entries for the promotion may be submitted from 9:00am (AEST) on 15/03/2023 until 11:59pm (AEST) on 19/03/2023. (“Promotion Period”).
4. Entry is open to entrants worldwide other than employees of the Promoter, or such employee’s immediate family members (defined as spouses, children, siblings, parents, grandparents, and grandchildren and their respective spouses and step-family members) (“Eligible Entrant”).
5. If an Eligible Entrant is under the age of 18, they must obtain consent from their parent or legal guardian before entering the promotion.
Procedures for Entry
6. To enter, Eligible Entrants must follow @iamgia_ on TikTok and comment on the competition post between the period of 15/3/2023 - 19/3/2023.
7. The entry will be deemed to have been made at the time the entry is received by the Promoter.
8. The Promoter reserves the right, at any time, to verify the validity of entries (including an entrant's identity, age, phone number and place of residence) and to disqualify any entrant who is not an Eligible Entrant, has not complied with these Terms and Conditions or tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Limitations on Entries
9. Entrants may only enter this competition once and must enter their social media name and email details. The Promoter is not responsible for (and is under no obligation to accept) any lost, late, incomplete or misdirected entries.
10. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at www.Instagram.com. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Instagram. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
11. The prize involves 1 x winner being gifted a package of GIA Best selling styles (up to 6 x items). The approximate retail value of this prize is up to AUD $600. Only (1) such prize will be awarded.
12. The prize is not exchangeable or redeemable for cash.
13. Award of the prize is subject to verification of eligibility and compliance with these Terms and Conditions.
14. The prize is not substitutable, assignable or transferable.
15. The Promoter will not replace any lost or stolen goods that form the prize.
16. Any prize details not specified above will be determined by the Promoter in its sole discretion.
17. The winner is responsible for all costs and expenses not included in the prize description.
18. The winner will be selected by an independent automated means in a random draw from among all eligible entries received.
19. All prize winners will be picked by 21/3/2023 at 12:00pm (AEST).
20. The Promoter will attempt to notify the Winner after being selected within two business days of the draw. Contact will be made using the entrant’s social media name on Instagram and using their email address.
21. If the Promoter is unable to contact the winner after having made reasonable efforts to do so using the information provided on the winner online entry form, the Promoter reserves the right to disqualify the entry and may select another entrant following the same process
22. The winner is responsible for all costs and expenses not included in the prize description.
23. The name of the winner will be published at https://www.iamgia.com.au/pages/competitions for 28 days, from 2 days after the end of the Promotion Period.
Privacy and Publicity Issues
24. The Promoter will collect personal information from entrants when they enter this competition, and this information will be used for the purposes of administering the competition and publicising the competition winner and notifying the winner of their win.
26. By submitting an entry, entrants agree to the Promoter’s use of their name, likeness or prize information to publicise their win (if applicable) in any medium without additional compensation to the extent permitted by law. If an entrant is a minor they agree and warrant that they have their parent or legal guardian’s consent to such use.
Disclaimers, Waivers, Releases and Limitations on Liability
27. The Promoter is not responsible for late, lost, tampered with, postage due, misdirected mail or printing errors.
28. The Promoter is not responsible for any lost or stolen entries.
29. If for any reason the competition is not capable of running or is disrupted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promoter, which in the sole opinion of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right at its sole discretion to cancel, terminate, modify or suspend the promotion and select winners in accordance with the random drawing described above.
30. By participating and redeeming a prize, winner (and, if a minor, their parent or legal guardian) to the extent permissible at law releases and agrees to hold harmless the Promoter, and its advertising and promotional agencies, and the their respective affiliates, officers, directors, employees, representatives and agents, from and against any and all liability for any injury, loss, or damage to persons, including death, and property, due in whole or in part, directly or indirectly, from or arising out of participation in this competition, or participation in any promotion-related activity, or the receipt, use or misuse of any prize.
31. Winning a prize constitutes permission for the Promoter to use prize winner's names, city and State or Territory of residence), voices and/or likenesses for purposes of advertising, promotion and publicity, in respect of this competition only, without further compensation, unless prohibited by law.
32. The Promoter may prohibit an entrant from participating in the competition or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the competition by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants, or the Promoter.
33. The Promoter’s decisions are final and binding on all entrants.
34. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s-actual out-of-pocket expenses (i.e., costs associated with participating in this promotion), and entrant further waives all rights to have damages multiplied or increased.
35. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of entrant and the Promoter in connection with the promotion shall be governed by, and constructed in accordance with, the substantive laws of Victoria, Australia, without regard to its conflicts of law rules.
36. These Terms and Conditions constitute the entire agreement between the Promoter and each entrant regarding its subject matter.
37. If any provision of these Terms and Conditions is held to be invalid, illegal, void or unenforceable, all remaining provisions hereof will remain in full force and effect.