GINGHAM & HEELS - VALENTINE’S STAYCATION COMPETITION

COMPETITION TERMS AND CONDITIONS

Defined Term	Meaning
Competition	Gingham & Heels Valentine’s Staycation Competition
Organiser	Gingham & Heels Pty Ltd (ACN: XXXX)  Address: SE5, 15-17 Forest Rd 2220 Hurstville Email: marketing@ginghamandheels.com.au Social Media Handle: @ginghamandheels
Promoter/s	The Organiser
Competition Period	10am AEDT 24 January 2024 to 11:59 PM AEDT 8 February 2024
Platform	Instagram, Facebook, TikTok, Website, App
Eligible Entrants	- who are not an officer or employee, or a relative or someone who resides with an officer or employee of the Organiser or a Promoter - who has an account on the Platform  - who resides in Australia - is currently 18 years or older
Entry Method	Perform all the following steps: Spend $300 or more at Gingham & Heels (online or in app) between Wednesday 24th of January 2024 10 am AEDT and Thursday 8th of February 2024 11:59 pm AEDT to get in the draw.
Bonus Entry Method	Bonus entry: - Tag a friend in the comments on any Competition Post (1 tag = 1 entry) - Share on story (1 share = 1 entry) Disclaimer:  Entrant must have met all requirements detailed under Entry Method above to be eligible for bonus entries.
Maximum Number of Entries	3,000 (including an entry using the Bonus Entry Method)
Prize	2 nights in luxury hotel chosen by Gingham & Heels (in Sydney, Melbourne or Gold Coast) + dinner voucher in restaurant chosen by Gingham & Heels + spa voucher in spa chosen by Gingham & Heels + $300 gift voucher from Gingham & Heels. Luxury weekend booking will be exclusively for the dates of Friday 16th February 2024 to Sunday 18th February 2024 unless otherwise agreed to by the Organiser.
Prize Value	$2,500-$3,000 AUD (depending on location chosen)
Draw Schedule	10:00 AM on 9 February 2024 at Gingham & Heels SE5 15-17 Forest Rd 2220 Hurstville, Sydney, NSW, Australia
Winner Announcement Schedule	By 3:00PM on 9 February 2024 in an Instagram story on the @ginghamandheels Instagram account and a TikTok story on the @ginghamandheels TikTok account. The Winner will also be sent an email to announce they won the competition.
Claim Procedure	Within one (1) week of date on which the announcement of the Winner is made, the Winner must provide to the Organiser if not already provided, their full legal name, contact phone number, email address, chosen city for luxury weekend booking and any further information reasonably requested by the Organiser in order to deliver the prize to the Winner.
Prize Delivery Procedure	The Prize details will be posted to the winner of the Competition via email within seven (7) days of the Organiser receiving the winner’s email address.
Privacy Policy	https://ginghamandheels.com/pages/privacy-policy

 

Terms and Conditions 

In these Terms and Conditions, defined terms have the meaning given to them in the above Schedule. 

These terms and conditions apply in respect of the Competition organised by the Organiser and promoted on the Platform by the Promoters. 

By participating in the Competition, you agree that you have read, understood and agree to be bound by these Terms and Conditions.

Competition Period

Entries to the Competition must be submitted during the Competition Period.

How to Enter

1. Entry to the Competition is open to Eligible Entrants. 
2. In order to enter the Competition, Eligible Entrants must, during the Competition Period, perform the Entry Method.
3. A minimum of $300 purchase is necessary to enter the Competition.
4. Provided that Eligible Entrants have entered the Competition by performing the Entry Method, Eligible Entrants can secure an additional entry to the Competition by performing the Bonus Entry Method.
5. The Competition is subject to compliance with all applicable laws and regulations.
6. Each entrant may enter the Competition up to the Maximum Number of Entries. 

Prize

1. The prize for the Competition is the Prize.
2. The Prize is valued at the Prize Value.  
3. The odds of winning the Prize depends on the number of eligible entries to the Competition received by the Organiser.
4. All methods of entry into the Competition have an equal chance of winning the Prize.

Disclaimer: Flights or other means of transport to and from hotel accomodation not included.

Invalid Entries, Disqualification and Termination

1. Any entries submitted outside of the Competition Period will be invalid and disregarded. 
2. All entries that are incomplete (for example, where only part of the Entry Method has been completed) or fail to comply with these Terms and Conditions will be disqualified from the Competition.
3. The Organiser reserves the right to disqualify an entry at any time if the Organiser reasonably believes that the entrant is not an Eligible Entrant.
4. If this Competition is interfered with or tampered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organiser, including but not limited to technical difficulties or unauthorised intervention or fraud, the Organiser reserves the right, in its sole discretion, to the fullest extent permitted by law:
1. to disqualify any entrant; or
2. to modify, vary, suspend, postpone, terminate or cancel the Competition, as considered appropriate by the Organiser. 

Drawing of Winner

1. Following the conclusion of the Competition Period, the Organiser will select at random, using electronic random selection software, one Eligible Entrant as the winner of the Competition (“Winner”).  
2. The draw will be conducted in accordance with the Draw Schedule.  

 

Winner Announcement

1. The Winner will be announced in accordance with the Winner Announcement Schedule. 
2. Unsuccessful entrants of the Competition will not be individually notified that they have been unsuccessful in the Competition.
   
   

Claiming the Prize

1. In order to claim the Prize, the Winner must undertake the Claim Procedure. 
2. The Prize is not redeemable for cash and is not transferable.
3. The Prize must be taken as offered and will not be varied.
4. If the Prize is unavailable due to no fault on the part of the Organiser, the Organiser, in its discretion, reserves the right to substitute the Prize with another prize of equal or greater value.
5. Subject to clause 7(f) of these Terms and Conditions, provided that the winner of the Competition claims the Prize in accordance with the Claim Procedure, the Organiser will deliver the Prize to the winner of the Competition in accordance with the Prize Delivery Procedure. 
6. The Organiser reserves the right to request any evidence of the identity of any winner of the Competition prior to awarding the prize. In the event that any winner is unable to produce any identity verification evidence requested by the Organiser as requested, the Organiser reserves the right to disqualify that person and redraw the Competition.

 

Redraws

1. If the Winner fails to undertake the Claim Procedure as required, the Organiser may disqualify that person from the Competition and redraw a replacement winner of the Competition (“Replacement Winner”).
2. Any further draw required to take place to select a Replacement Winner will take place within seven (7) days of the Winner failing to undertake the Claim Procedure during the timeframe required, using the same random selection software used to draw the Winner.
3. The same process set out in clause 6 and 7 will be followed to announce any Replacement Winner and to award the prize to that Replacement Winner, save that the announcement of any Replacement Winner will be within one business day of the further draw taking place to select the Replacement Winner.

 

Personal Information

1. In order to conduct the Competition, the Organiser will collect some personal information from you. 
2. The Organiser will handle any personal information collected from you in accordance with the Privacy Policy and these Terms and Conditions. To the extent of any inconsistency between the Privacy Policy and these Terms and Conditions, these Terms and Conditions will apply in respect of personal information collected as part of the Competition.  
3. The Organiser may disclose your personal information to third parties, including but not limited to agents, contractors, service providers, the Promoters and any suppliers of the Prize. 
4. Your entry into the Competition is conditional on providing the Organiser with the personal information requested. 
5. The Organiser may use the personal information provided by you for promotional, marketing, publicity, research and profiling purposes, including contacting you or marketing the Organiser’s business and product offerings to you following the Competition. You may opt-out of any marketing communications using the options available in any communication sent to you.

 

Intellectual Property

1. By entering the Competition, you irrevocably:
1. consent to the Organiser and any Promoter using:
1. your name and / or likeness; and
2. any images or video that you appear in and that you provide to the Organiser as part of, in connection with, or related to the Competition, regardless of whether it formed part of your entry,

in its advertising or promotion of the Competition generally, in the Organiser’s public relations, as well as the advertising of any future similar competitions conducted by the Organiser in any medium, without any payment to you; and 

1. assign to the Organiser all intellectual property rights in any copy, images or video that you provide to the Organiser as part of, in connection with, or related to the Competition, regardless of whether it formed part of your entry.

 

Liability

1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Organiser (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including, but not limited to, loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition.
2. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Organiser (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including, but not limited to, loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: 

1. any technical failure or issues with the Platform (whether or not under the Organiser’s or Promoter’s control); 
2. any entry that is received after the Competition Period;
3. any claim of the Prize outside of the Claim Procedure requirements;
4. unavailability or inaccessibility of the Platform during the Competition Period or during the period in which the Winner is required to claim the Prize;
5. electronic or human error;
6. any entry or claim of the Prize that is not received by the Organiser for any reason beyond the reasonable control of the Organiser; 
7. taking of the Prize;
8. any theft, unauthorised access or third party interference in the Competition; or
9. any tax liability incurred by the winner of the Competition or any entrant. 

1. To the extent that any liability, loss or damages cannot be excluded, but can be limited, the Organiser limits its liability for them to the minimum amount allowable by law.

 

General

1. The Organiser’s decisions are final and no correspondence will be entered into with any person.  
2. You are responsible for any costs associated with accessing the Platform via your internet service provider.
3. By entering the Competition, you expressly acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with the Platform. In participating in the Competition, you are providing your information to the Organiser. To the extent permitted by law, you release the Platform from any and all liability in relation to the Competition.
4. The Competition may be promoted through third party websites and various social media platforms, including, but not limited to the Platform. You must comply with the terms for those third party websites and social media platforms when using them to participate in the Competition. The Organiser is not responsible for any privacy practices adopted by any third party websites or social media platforms.
5. These terms and conditions are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
6. If any term, provision or condition of these terms and conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these terms and conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.