814: Next Generation Competition
Terms & Conditions1. Entry into the competition is deemed acceptance of these terms and conditions. Instructions on ‘How to enter’ also form part of these terms and conditions of entry.
2. For the purpose of these terms and conditions, the promoter is Witchery Holdings Pty Ltd of of 658 Church Street, Richmond, Victoria (ABN: 84 120 830 613) (“Promoter”).
3. Entry is open to girls aged between 8 – 14 years of age and living in Australia or New Zealand who have a parent who is a Witchery Loyalty Member (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, "immediate families" of an employee includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin.
4. The competition commences at 3pm AEST on 25/09/2013. Entries close at 6pm AEST on 3 November 2013 (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.
How to enter:5. This competition is a game of skill, chance plays no part in determining the winner.
6. The competition is open to girls and boys aged between 8 – 14 years living in Australia and New Zealand. By completing the entry form and agreeing to these terms and conditions, the member is providing parental/guardian consent for the 8-14 designer to submit an entry.
7. A Parent of the Entrant must be a Witchery Loyalty Member in order for the Entrant to enter this competition. If a Parent is not a Witchery Loyalty Member and the Entrant wishes to participate in this Competition, the Parent should visit https://www.witchery.com.au/customer/account/emailValidate/ to become a member.
8. By entering this competition, Entrants become eligible for the chance to win:
a. $1,000 Witchery 814 wardrobe provided by way of Witchery Loyalty rewards loaded onto the Winner’s parents Witchery Loyalty card, valid for 30 days from date of issue in accordance with Witchery Member Terms & Conditions, see http://www.witchery.com.au/terms-conditions/;
b. A 2 hour workshop with the Witchery 814 Design Team at Witchery Head Office: 111 Cambridge Street Collingwood, Victoria 3066;
c. 2 x Flights from the Winner’s nearest capital city (for the Winner and the Winner’s Parent)
d. Exposure on Witchery digital channels including feature on the Witchery 814 blog “love to shine”, facebook posts, instagram posts, EDM to Witchery’s database; and
e. Winning design produced as part of the SS14 collection (on sale across all Witchery 814 stores and online between July 2014 – January 2015)
9. To enter this competition, Entrants must design a look for the Witchery Spring Summer 2014 collection (up to 3 pieces). The look can comprise of a top, pants, skirt, jacket, shorts, dress, accessory (hats, jewellery, summer scarf), shoes, handbag, iphone case, ipad case. Entrants must scan their sketches and upload them to the Witchery website at witchery.com.au/814designercomp.
10. Each entry to this competition will be approved by Witchery before it is uploaded onto the Witchery website. Any entry that is deemed inappropriate or does not meet these terms and conditions will be rejected and asked to resubmit. Entrant will receive their $20 reward only once entry has been approved and will receive email confirmation once this approval has been completed.
11. Judging of all valid entries received within the Competition Period will be conducted by a voting mechanism on the Witchery website where individuals will be able to vote for their favourite designs. The voting will be linked to facebook and twitter so people can share the message about the competition and encourage entries.
12. The Entrant may enter once only.
13. The parent of Entrant will receive a $20 reward for their first submission only, limiting the number of rewards issued per member to one (1) $20 reward only.
14. Individuals may vote on an entry once only (i.e. one vote per design). Only an individual/personal voting is allowed and voting must not be undertaken using any means or mechanism which generates multiple votes. The Promoter reserves the right to disqualify any Entry from the competition if in the Promoter’s reasonable opinion an Entrant has voted on an entry more than once, used means or a mechanism in order to generate multiple votes or any other attempt is made by an Entrant or voter to jeopardise the fair and proper conduct of the competition.
15. The top 5 entries will be selected based on the number of votes received on 4 November 2013 at 111 Cambridge Street Collingwood VIC 3066 (“Finalists”)
16. One (1) winning Entrant (“Winner”) will be selected on 5 November 2013 from the Finalists based on the creativity of their entry, the uniqueness of their design and how well the collection sits with the rest of the Witchery collection.
17. The Winner and finalists will be notified by telephone and in writing via email within one (1) working days of judging.
18. Winners and one (1) parent/guardian must be available to attend a 2 hour design workshop hosted by Witchery at a time and date that is decided and agreed upon between the two parties between 15 January – 15 March 2014. Flights for the winner and 1 parent will be provided from the Winner’s nearest capital city however accommodation costs are not included and the Winner is liable for any travel or accommodation costs associated with attending the design workshop.
19. The judges’ decision is final and no correspondence will be entered into regarding it.
20. The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if the Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.
21. The Promoter will take no responsibility if the Winner's contact details are incorrect or incomplete and the Winner cannot be contacted.
22. The Promoter reserves the right to appoint a new winner on 6 November 2013 if the Winner cannot be contacted or if the prize cannot be redeemed by the winner (ie. They are unable to fly to Melbourne on an agreed date) This new winner will be appointed by conducting a second judging of the finalists, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter. The judges’ decision with respect to this second judging is final and no correspondence will be entered into regarding it.
23. Travel arrangements are subject to the terms of the Promoter or its assigned representatives and may be dependent on select seat classes with airlines or specific room category availability with the accommodation partner. If any booking is unavailable on the proposed dates, the Promoter may at its discretion consult with the Winner to determine alternative dates.
24. All applicable taxes (excluding GST) and surcharges and all additional and ancillary costs involved, including accommodation costs, excess baggage, visas, valid passports, spending money, meals (other than those included), all transfers to or from any airport or hotel, items of a personal nature, in-room charges (including but not limited to room service, telephone calls and internet usage), insurance and any applicable insurance excesses and any other ancillary costs not listed above are the responsibility of the Winner as incurred. Travel insurance is also not included.
General25. By entering this competition each Entrant warrants to the Promoter that their submitted entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
26. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their entry to the Promoter. Each Entrant acknowledges and agrees that their entry becomes the property of the Promoter and the Promoter has the right to alter the design and/use the entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
22. The Promoter reserves the right to remove at any time from any communication channels or platforms on which the entries have been published any entry it deems, in its sole discretion, to be offensive or in breach of any legislation, regulations or by-laws.
23. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant's identity, age, and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these terms and conditions or who interferes or tampers with the entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
24. Despite anything to the contrary in these terms and conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. The Promoter’s decision in relation to any or all aspects of this competition is at its complete discretion and final and binding on all persons who enter into this competition and no correspondence will be entered into
26. Any costs associated with entering this competition are the responsibility of each Entrant.
27. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible entries will also be deemed invalid and will not be included in the competition. All entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
28. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection laws.
29. Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of:
a. any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this competition;
b. any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this competition, or by any technical error that may occur in the course of this competition;
c. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
d. any entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
e. any tax liability incurred by a winner or entrant (independent financial advice should be sought);
f. participation in this competition; or
g. cancellation of this competition.
30. This competition, or any aspect of it, may be changed or withdrawn at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).
31. Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this competition 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.
33. By entering the competition, the Entrant consents to receipt of any email regarding the competition, content on Facebook and other emails which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in.
34. Entrants acknowledge that this competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants will provide their information to the Promoter and not to Facebook or Instagram. Any questions, comments or complaints regarding the competition must be directed to the Promoter, not Facebook or Instagram.
35. These terms and conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
36. These terms and conditions embody the entire agreement between the Promoter and each Entrant with respect to this competition.
37. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
38. The Promoter can be contacted at:
Phone: 1800 033 465