Xmas Giveaway Day 3
Terms and Conditions
THIS PROMOTION IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS. THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.
ACCEPTANCE OF RULES.
By entering this Promotion, you fully and unconditionally accept and agree to these Rules and to all decisions made by Administrator, which are final and binding on all matters related to the Promotion.
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 administrator is A&S Labels Pty Ltd (ACN 164 210 860), PO Box 566, Richmond, Victoria, 3121 (“Administrator”). This Promotion will be conducted under the supervision of Administrator.
Duration and Deadlines
3. Entries for the promotion may be submitted from 9:00am (AEST) on 9/12/2022 until 11:59pm (AEST) on 13/12/2022. (“Promotion Period”).
4. 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 sponsor, administrator, and their respective affiliates, franchisees, suppliers, advertising agencies, promotional agencies, printers, judging agencies, and prize suppliers.
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 make a purchase from https://iamgia.com/ on the 10/12/2022.
7. The time of entry will be deemed to be the time the entry is received by the Administrator.
8. The Administrator 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 Administrator 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 in their own phone number. The Administrator 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 Administrator 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 Administrator and not to Instagram.
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 Administrator 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 Administrator and not to Facebook.
Incorporate Contest Official Rules
12. By entering this promotion, you agree to be bound by these Official Rules and the decisions of the sponsor, administrators and any judges appointed by sponsor, whose decision will be final and binding in all respects.
13. The prize is a $500 USD voucher to be used on https://iamgia.com/ supplied by the Promoter. The approximate retail value of this prize is $500 USD. Only (1) 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 Official Rules.
16. Prizes are not assignable or transferable.
17. Limit of one (1) prize per person.
18. Sponsor 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 sponsor in its sole discretion.
21. The winner is responsible for all costs and expenses not included in the prize description.
22. Winners will be selected in a random drawing from among all eligible entries received for each prize, under the supervision of the administrator.
23. All prize winners will be picked by 14/12/2022 at 12:00pm (AEST).
24. The Administrator will attempt to notify each Winner after being selected within two business days of the draw. Contact will be made via email and/or phone.
25. If the Administrator is unable to contact a Winner after having made reasonable efforts to do so using the information provided on the Winner online entry form, the Administrator reserves the right to disqualify the entry.
26. Minor and Major Winners are responsible for all costs and expenses not included in the prize description.
27. The name of the Winners will be published at https://iamgia.com/pages/competitions for 28 days, from 2 days after the end of the Promotion Period.
Privacy and Publicity Issues
28. Sponsor will collect personal data from entrants when they enter this competition, and this information will be used for the purposes of administering the competition, publicising the competition and other promotional purposes that benefit sponsor.
30. By submitting an entry, you agree to sponsor’s use of your name, address, likeness or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.
31. If an entrant or winner may be a minor, then these provisions should take into account the need for consent by the minor’s parent or guardian for certain data collection.
Disclaimers, Waivers, Releases and Limitations on Liability
32. Sponsor is not responsible for late, lost, tampered with, postage due, misdirected mail or printing errors.
33. Sponsor is not responsible for any lost or stolen entries.
34. 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 sponsor, which in the sole opinion of sponsor corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, sponsor 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.
35. 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 sponsor, administrator, 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 competition, or participation in any promotion-related activity, or the receipt, use or misuse of any prize.
36. 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
37. 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, for this Promotion only, without further compensation, unless prohibited by law.
38. Sponsor 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, Sponsor, or Competition Entities.
39. 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.
40. Prizes are non-transferable and has no cash redemption or substitution value, except that Administrator, in its discretion, reserves the right to change or replace the Prize at any time with one of greater or comparable value if any part of the Prize becomes unavailable for any reason.
41. ALL PRIZES ARE AWARDED “AS IS.” ADMINISTRATOR 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.
42. 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, each Winner may be required to execute and return to Administrator a form W-9, Affidavit of Eligibility, Liability and Publicity Release, and any other forms requested by Administrator, each in a form and substance acceptable to Administrator.
43. As may be required by any governmental agency with authority over Promotion regulation. In the event of any Disqualifying Event, Administrator reserves the right, but will not be obligated to, award or dispose of the Prize, as deemed fair and appropriate by Administrator, 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.
44. 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 Administrator of the provisions of this Agreement, then such non-performance by Administrator shall not be considered as grounds for breach of this Promotion and such non-performance shall be excused while the conditions herein prevail.
45. This Promotion is for entertainment purposes only and may not be used as or in connection with any form of gambling.
46. Judges’ decisions are final and binding on all entrants.
47. Except where prohibited by law, as a condition of participating in this competition, 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) judgment upon such arbitration award may be entered in any court having jurisdiction.
48. 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.
49. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and sponsor 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.
50. All federal, state and local laws apply.
51. Void where prohibited or restricted by law.
52. These Official Rules constitute the entire agreement between the sponsor and each entrant.
53. If any provision of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Use of Data
55. To obtain a list of Winners visit https://iamgia.com/pages/competitions
56. A&S Labels Pty Ltd (ACN 164 210 860), PO Box 566, Richmond, Victoria, 3121. This Promotion shall not be published without the written permission of the Sponsor.