Vegemite

PROMOTION

“BUDGY SMUGGLER X VEGEMITE” Giveaway (Game of Chance Promotion).

PROMOTER

The Promoter is Budgy Smuggler Pty Ltd (ACN  59131294534) of 9 Orchard Road, Brookvale. (Budgy Smuggler, we, our, us, Promoter). 

PROMOTION PERIOD

The promotion starts on 10 July 2024 no later than 12:00pm AEST and closes 14 July 2024 23:59pm AEST (Promotion Period). No entries will be accepted after this time.

WHO CAN ENTER

Entry is open to Australian residents aged 18 years or older as at the commencement of the Promotion (Eligible Entrant).

Employees of our company and its subsidiaries (and their immediate families) and the employees of any agencies associated with this Promotion are ineligible to enter.  When we say ‘immediate families’ we mean spouse (whether married or de facto), child, parent, grandparent, uncle, aunt, sibling, niece, nephew or cousin.

HOW TO ENTER

To enter, individuals must:

Like and tag a friend on the competition post on the Budgy Smuggler Facebook page (https://www.facebook.com/BudgySmuggler) or Instagram  (https://www.instagram.com/budgysmuggler/). Entrants must be following the page for entries to be valid.

Multiple entries permitted.

Entrants can only enter in their own individual capacity. Entering under a false name/s may invalidate all entries. Multiple entries under different names may also invalidate all entries at the Promoter’s discretion. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.

Entries must be received during the Promotion Period and in accordance with these Terms & Conditions of Entry. Entries will not be accepted in any other way or form or at any other time. Your entry is deemed to have been received when we receive it (not when you send it). Incomplete and ineligible entries will be deemed invalid. We’ll also invalidate any entry which (in our opinion) breaches these Terms & Conditions of Entry or any other content guidelines published by us as part of the entry process for the Promotion. Once submitted, you cannot alter or delete your entry.

PRIZE(S)

There are 5 prizes to be won in total.

·      1 pair of limited edition Vegemite x Budgy Smuggler Men’s Smugglers or Women’s Smugglettes 2-piece set, valued between $60-120 (sizing to be confirmed upon winner selection)

Prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of consideration. The value of each prize is accurate as at the time of preparation of these Terms & Conditions of Entry. We accept no responsibility for any variation in the value of a prize after that date. If a prize is unavailable for any reason, we may substitute it for another item of equal or higher value, subject to any written directions of a regulatory authority. If a winner does not take an element of a prize by the time stipulated by us, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. We accept no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason. Only one prize per person.

PRIZE POOL

The total prize pool is up to $$300-$600 (RRP, including GST).  Any costs not expressly included in the prize description are the responsibility of the winner.

WINNER SELECTION & NOTIFICATION

A random electronic draw from all entries received during the Promotion Period will be conducted at 11 Lonsdale St Braddon, ACT at 12pm on 15 July 2024 AEST. 

The winning Eligible Entrants will be notified via DM via @budgysmuggler.

The Promoter’s decisions are final.

CLAIMING YOUR PRIZE

Prizes must be claimed by 12pm on 15 October 2024 AEST.

The prize will be dispatched on the 14th August 2024 and delivered to your preferred mailing address.

An unclaimed prize draw (if required) will be held at the same address as the original draw on 15October at 12pm AEST. Winners drawn from the unclaimed prize draw will be notified in writing within 1 business day of determination.

To claim the prizes, the Eligible Entrants must follow our instructions set out in the notification message we send to them telling them that they are a winner. We will make all reasonable efforts to contact the Eligible Entrants, but if they have not claimed the prize by the prize claim date specified above, or we determine that an entry is not in accordance with these Terms & Conditions of Entry, then the original entry will be declared invalid, and we may award the prize to the next complete and eligible entry drawn.

PRIZE DELIVERY 

Once an entry is deemed valid by the Promoter, the Promoter will declare winners and will deliver to the winners the relevant prize  after the 14 August 2024.

The Promoter takes no responsibility for an entrant having provided an incorrect email, mobile number or physical address when entering the promotion or during the verification process, and once dispatched the Promoter is not liable for any prize that has been lost, stolen, damaged or tampered with in any way.

If any prize remains un-won at the end of this promotion, or if a prize winner cannot be found, that information will be published on our website https://budgysmuggler.com.au/ by 31 October 2024.

ENTRY CONTENT (IF APPLICABLE)

You must take full responsibility for the content of your entry, and for ensuring that your entry complies with these Terms & Conditions of Entry. When we talk about ‘entry content’, we mean things like text, photos, videos, email messages and anything else that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.  

We may declare any or all of your entries invalid, and prohibit your further participation in this Promotion, if you:

·      Submit any image or voice of any other person without that person’s express consent.  You warrant that if your entry contains any such content, you have obtained the express consent of the relevant person;

·      Submit any content that contravenes any law, infringes the rights of any person or is obscene, defamatory, discriminatory, offensive or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); or

·      Submit any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless you are entitled to do so.  If you have any doubts about whether you have the right to include any content (for example, recorded music) then you must not include it.  By including any such content in your entry, you warrant that you have the permission of the relevant copyright owner to do so and that this permission allows us to use your entry in accordance with these Terms & Conditions of Entry.

We may at any time, in our absolute discretion, edit, modify, delete, remove or take-down any part of your entry that is within our possession or control without notice to you, or require you by notice to take such action in respect of content within your possession or control.

By submitting an entry to the Promotion, you agree to give us a world-wide, perpetual, irrevocable, royalty-free, transferrable and fully sublicensable licence to use your entry in connection with the Promotion (such as posting your entry on our Facebook Page, for all the world to see and admire) and for related marketing and promotional purposes.  You consent to us using your entry in any manner we wish (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to you (of royalties, compensation or otherwise).  By submitting an entry, you consent to and waive any claim or right of action you may have in respect of any such dealings with the entry that might otherwise infringe your moral rights (including the rights of attribution and integrity or against false attribution) in respect of the entry or entry content.  We may copy any content submitted as part of your entry, cause the content to be seen and/or heard in public, and communicate the content to the public, without notice or attribution to you.  We may also allow third parties to do these things.

SOCIAL MEDIA (IF APPLICABLE)

In participating in the Promotion, you must also comply with the terms of use of any social media platform via which we conduct the Promotion.

If the Promotion is conducted via the Facebook or Instagram platforms:

·      You acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.

·      You acknowledge that any information you provide in connection with the Promotion is provided to us (as the Promoter) and not to Facebook or Instagram.

·      Any questions, comments or complaints regarding the Promotion will be directed to us (as the Promoter), and not to Facebook or Instagram.

·      You release Facebook, Instagram and their associated companies from all liability arising in respect of the Promotion.

GENERAL

We accept no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.  We have no control over telephone communications, social media functionality, social media owners, networks or lines and accept no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  We are not liable for any consequences of user error including (without limitation) any costs incurred.

We may declare any or all of your entries invalid, and prohibit your further participation in this Promotion, if you:

·      fail to verify your personal details and/or eligibility to enter the Promotion to our satisfaction;

·      tamper with or benefit from any tampering with the entry process or the operation of the Promotion;

·      submit an entry which in our opinion is not in accordance with these Terms & Conditions of Entry;

·      act in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or

·      engage in conduct in entering the Promotion which in our opinion is unfair or in bad faith, fraudulent, misleading, deceptive, unlawful, wrongful, or generally damaging to the goodwill or reputation of the Promotion and/or us or any prize provider. This includes where you share receipts or product labels to enter the Promotion or where you use multiple names or addresses to register multiple entries.

If requested by us, winners (and their companion(s), if applicable) must sign (or, if they are less than 18 years of age, arrange for their parent/guardian to sign) a release, waiver, and/or indemnity in favour of us and all parties involved in this Promotion and/or providing the prize, in a form provided by us, before they participate in the Promotion and/or the prize.  If they (or their parent/guardian) do not sign that form within the time specified by us, they will not be able to participate and their entry or prize claim will be deemed invalid.

If requested by us, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to us and our associated companies and agencies using their name and image in promotional material.

If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, then we may cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries (subject to any written directions from a regulatory authority).

Our decisions in connection with the Promotion are final and no correspondence will be entered into.

You acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities.  By entering this Promotion and/or accepting the prize, you accept that risk for yourself and for your companion(s) (if applicable).

We and our associated agencies and companies, and the agencies and companies associated with this Promotion (including Facebook and Instagram, if the Promotion is conducted via the Facebook or Instagram Platforms), will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

We and our associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

We may, in our absolute discretion, prohibit an entrant’s participation in this Promotion, cancel or suspend a prize, or otherwise cease to provide any prize to a winner, if the entrant or winner (or any companion) is (in our opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish our good name and reputation or our products and brands, or is contrary to law or is otherwise inappropriate.

We accept no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought.  Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, you agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

We collect personal information in order to conduct the Promotion and may disclose such information to third parties (including agents, contractors, service providers and prize suppliers) for that purpose.  We may also use your information for marketing and promotional purposes. See our privacy policy at https://www.begacheese.com.au/privacy-policy/ for full details.

Any part of these Terms & Conditions of Entry which are void or not enforceable by law will be automatically severed from these Terms & Conditions of Entry, where possible, to ensure that the remaining provisions of the Terms & Conditions of Entry remain in effect. We may vary these Terms & Conditions of Entry from time to time as required for compliance with law or for the purposes of correcting any error or omission. As such, it is the responsibility of every entrant to ensure that they review these Terms & Conditions of Entry at the time of entry and all other material times.

These Terms & Conditions of Entry will be governed by and must be construed in accordance with the laws of the New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and their courts of appeal.