WIN Back Your Alessia Order Competition
Purchase between 11th - 14th of May for a chance to WIN the cost of your order back
Promoter
Terms and Conditions
1. Entry into the promotion is deemed acceptance of these Terms and Conditions. Headings in these Terms and Conditions are included for ease of reference, and do not affect interpretation in any way.
2. The promoter of this promotion is A&S Labels Pty Ltd (ACN 164 210 860), PO Box 566, Richmond, Victoria, Australia 3121 (“Promoter”). This promotion will be conducted under the supervision of Promoter. The manufacturer of the Dyson prize is not in any way involved in or responsible for the operation of this promotion.
Purchase Requirement
3. A purchase from the I.AM.GIA website to the value of at least $150AUD (or overseas equivalent) in a single transaction is necessary to enter this Promotion.
Duration and Deadlines
4. The promotion will begin from 12:00 (AEST) on 11/05/2023 until 11:59pm (AEST) on 14/05/2023. (“Promotion Period”) with one winner per day being drawn across each 24 hour period of the Promotion Period
Eligibility Requirements
5. Entry is open to participants worldwide who are not employees or their immediate family members (defined as spouses, children, siblings, parents, grandparents, and grandchildren and their respective spouses and step-family members) and household members of the Promoter, and their respective affiliates, and prize suppliers (“Eligible Entrant”).
6. 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
7. To enter, Eligible Entrants must purchase, during the Promotion Period, goods via the I.AM.GIA website https://iamgia.com/au of a value equal to or exceeding $150AUD (or overseas exchange equivalent) in a single transaction. Each such Eligible Entrant will be automatically entered into the draw to win the promotion. If an Eligible Entrant makes multiple qualifying purchases in the Promotion Period, they will be entered into each day’s draw during the Promotion Period on the day(s) they make such purchases.
8. The time of entry will be deemed to be the time the entry is received by the Promoter.
9. 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.
Instagram Promotion
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.
Facebook Promotion
11. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.Facebook.com. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook 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 Facebook.
Decisions of the Promoter
12. By entering this promotion, entrants agree to be bound by these Terms and Conditions and the decisions of the Promoter will be final and binding in all respects.
Prizes
13. The prize involves the winner being refunded the entire cost of their order, placed during the Promotional Period.. The approximate retail value of this prize is up to AUD $3000. Only (5) such prizes will be awarded.
14. Prizes are not exchangeable or redeemable for cash.
15. Award of prizes is subject to verification of eligibility and compliance with these Terms and Conditions.
16. Prizes are not assignable or transferable.
17. Limit of one (1) prize per Eligible Entrant
18. The Promoter will not replace any lost or stolen prizes.
19. Winner may not substitute prizes.
20. Any prize details not specified above will be determined by the Promoter in its sole discretion.
21. Other than costs of shipping/ delivery the prize to the winner (which shall be borne by the Promoter) the winner is responsible for all other costs and expenses not included in the prize description.
Winners
22. Winners will be selected by an independent automated means in a random drawing from among all qualifying entries from Eligible Entrants received for each prize, under the supervision of the Promoter.
23. All prize winners will be picked by 15/5/2023 at 1:00pm (AEST).
24. The Promoter will attempt to notify each winner after being selected within two business days of the draw, giving details of how the prize may be claimed and distributed. Contact will be made via email.
25. If the Promoter is unable to contact a winner after having made reasonable efforts to do so using the information provided at purchase the Promoter reserves the right to disqualify the entry and may select another winner following the same process.
26. The name of the winners will be published at https://iamgia.com/au/pages/competitions for 28 days, from 2 days after the end of the Promotion Period.
Privacy and Publicity Issues
27. The Promoter will collect personal information from entrants when they enter this promotion, and this information will be used for the purposes of administering the promotion and publicising the promotion winner and notifying the winner of their win.
28. Information collected from entrant is subject to the Promoter’s privacy policy which can be found at https://www.iamgia.com.au/pages/privacy.
29. 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
30. The Promoter is not responsible for late, lost, tampered with, postage due, misdirected mail or printing errors.
31. The Promoter is not responsible for any lost or stolen entries.
32. If for any reason the promotion 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 Promoter, which in the sole opinion of Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, 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.
33. By participating and redeeming a prize, winner (and, if under the age of majority, his/her parent or legal guardian) releases and agrees to hold harmless the Promoter, the prize suppliers, and their respective 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 promotion, or participation in any promotion-related activity, or the receipt, use or misuse of any prize.
34. RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW: IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANT OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE RULES IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION
35. Winning a prize constitutes permission for Sponsor and its agencies to use prize winners' names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity, in respect of this Promotion only, without further compensation, unless prohibited by law.
36. The Promoter may prohibit a person from participating in the promotion or winning a prize if, in its sole discretion, it determines that the person is attempting to undermine the legitimate operation of the competition by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or the Promoter.
37. The actual retail value of the Prize may be different from the stated approximate retail value, due to taxes, processing fees, market conditions, changes in values/rates of components; and if so, winner will not be entitled to receive any difference in value.
38. Prizes are non-transferable and has no cash redemption or substitution value, except that Promoter, in its discretion, reserves the right to change or replace the stated prize at any time with one of greater or comparable value if any part of the prize becomes unavailable for any reason.
39. WITHOUT LIMITING ANY WARRANTY OFFERED BY THE MANUFACTURER OR OTHER SUPPLIER OF THE PRIZE, ALL PRIZES ARE AWARDED “AS IS.” PROMOTER DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
40. All Winners are solely responsible for all federal, state, and local taxes associated with the value of the Prizes. As a condition of receiving any Prize, a Winner (if located in the United States of America) may be required to execute and return to the Promoter a form W-9, Affidavit of Eligibility, Liability and Publicity Release, and any other forms requested by Promoter, each in a form and substance acceptable to Promoter.
41. In the event of an entrant is disqualified for breach of these Terms and Conditions, Promoter reserves the right, but will not be obligated to, award or dispose of the Prize, as deemed fair and appropriate by Promoter, in its sole business discretion, including without limitation, disqualifying all suspect entries and/or selecting new winner(s) from the remaining pool of non-winning entries, using the same winner selection method.
42. It is understood and agreed that in the event of an act of the government, or war conditions, epidemic, pandemic, quarantine, fire, flood, riots, or changes in law or regulations, which prevents the performance by Promoter of the provisions of this Agreement, then such non-performance by Promoter shall not be considered as grounds for breach of this Promotion and such non-performance shall be excused while the conditions herein prevail.
Dispute Resolution
43. The Promoter’s decisions are final and binding on all entrants.
44. Except where prohibited by law, as a condition of participating in this promotion, where an entrant is located in the United States of America, the entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this promotion, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2)the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgement upon such arbitration award may be entered in any court having jurisdiction.
45. 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.
46. 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 participant and 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.
Savings Provisions
47. All federal, state and local laws apply.
48. These Terms and Conditions are void where prohibited or restricted by law.
49. These Terms and Conditions constitute the entire agreement between the Promoter and each entrant regarding its subject matter.
50. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, all remaining provisions hereof will remain in full force and effect.
Use of Data/ Personal information
51. The Promoter will collect personal information about Entrants online, in accordance with its privacy policy. Please review the Promoter’s privacy policy at https://www.tigermist.com.au/pages/privacy. By participating in the promotion, Entrants hereby agree to the Promoter’s collection and usage of their personal information and acknowledge that they have read and accepted the Promoter’s privacy policy.
Winner’s List
52. To obtain a list of Winners (after the Promotion Period) visit https://www.iamgia.com.au/pages/competitions.