MAC COSMETICS AUSTRALIA RATE AND REVIEW COMPETITION
1. By taking part in the Rate and Review Competition (Competition), all participants will be deemed to have accepted and be bound by these Terms and Conditions and the Privacy Policy. Any violation of these Terms and Conditions may result in disqualification.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this Competition, these Terms and Conditions prevail.
3. There will be twelve (12) competitions throughout the year, run monthly. Each Competition commences at 9:00am Australian East Standard Time (AEST) on the first day of month, and ends at 11:59pm AEST on the final day of the month (each a Promotion Period). Entries submitted and received by the Promoter after this time will not be accepted. The time of entry will in each case be the time which the online entry is received by the Promoter’s database, not the time of transmission by the entrant.
4. The Competition is open to Australian residents aged 18 years and over who enter during the Promotion Period.
5. Employees and contractors (and their immediate families) of Estee Lauder Pty. Limited (ABN 63 008 444 719) their subsidiaries and the agencies associated with this Competition are ineligible to enter. Immediate family means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew, sibling or first cousin.
HOW TO ENTER:
6. To enter the Competition, eligible entrants must, during a Promotion Period:
a. Navigate to maccosmetics.com.au (for Australian residents only);
b. submit a rating/review about a product currently sold on maccosmetics.com.au; and
c. register their details including nickname, location and e-mail address.
7. Entrants may enter the Competition multiple times during the Promotion Period. Each entry must be a unique and genuine rating/review about a product currently sold by the Promoter. Each entrant can only submit one rating/review about one single product once. Entry to the Competition is available whether the rating/review is positive or negative.
8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity and age), and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions or who otherwise tampers with the entry process. Manifest errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. Incomplete, indecipherable or illegible entries will be deemed invalid at the Promoter's absolute discretion. The Promoter accepts no responsibility for any incorrect, incomplete, lost, late or misdirected entries.
10. If there is a dispute as to the identity or details of any entrant, the Promoter reserves the right to determine, acting reasonably, the identity or details of that entrant.
11. The Promoter’s decision is final and no correspondence or communication will be entered into in relation to such decision or associated process.
PRIZES:
12. There will be 1 winner of the prize per Competition. The Competition is a game of chance and winners are picked at random. The participant does not need to show any skill and all entries are equal. The draw will take place at 165-175 Mitchell Road, Erskineville NSW 2043 at 10:30am on the 1st day of the month (or the next business day if the 1st day is a weekend or public holiday) following each Promotion Period. The first valid entry drawn will win the prize.
13. The winner will be notified by email on the same day as the draw. The winner’s name and the winning entry may be published on the Promoter’s Instagram, Snapchat, Twitter and Facebook platforms, and in any other Promotional Material the Promoter deems relevant within 30 days of the draw. Entrants consent to their details and entry being published in these circumstances.
14. The prize must be redeemed within sixty (60) days of issuance. If a winner does not redeem their prize within the prescribed time or is disqualified for any reason, then they will forfeit their prize and the Promoter may award the prize to an alternate winner by random drawing from among all remaining eligible entries that will be held at 10:30am on the 7th day of the next month, approximately 37 (thirty-seven) days after issuance to the original winner (or the next business day if the 7th day is a weekend or public holiday) at 165-175 Mitchell Road, Erskineville NSW 2043 ("Second Draw"). The Second Draw winner will be notified by email within two (2) days of the Second Draw. The winner’s name and the winning entry may be published on Promoter’s Instagram, Snapchat, Twitter and Facebook platforms, and in any other Promotional Material the Promoter deems relevant within 30 days of the Second Draw.
15. The total prize pool value for this Competition is AUD $3000 (inclusive of GST). Each winner will receive a M·A·C Cosmetics Australia eGift Card valued at AUD $250 (inclusive of GST).
16. All taxes (excluding GST) which may be payable as a consequence of receiving the prize are the sole responsibility of the prize winner.
17. Prizes, or any unused portion of a prize, or any part thereof, are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent. Prizes must be taken as offered and cannot be varied.
18. It is a condition of accepting the prizes that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
19. The prize will be delivered to the nominated email address of the winner in Australia.
GENERAL:
20. Entrants agree that they are fully responsible for the entry which they submit, including any entry content (such as text, images, photos and videos) and any accompanying comments (Submission). The Promoter shall not be liable in any way for such Submission to the fullest extent permitted by law. The Promoter may remove or moderate any Submission without notice if the Submission violates these Terms and Conditions. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter could reasonably deem to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, or otherwise unsuitable for publication; (b) they will obtain prior written consent from any person that appears or is personally identifiable in their Submission; (c) they will obtain full prior written consent from any person who has jointly created or has any rights in the Submission to the uses and terms herein; (d) their Submission does not contain viruses and will not cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including, without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
21. All reviews are subject to M·A·C’s Terms and Conditions published at Review Terms & Conditions and M·A·C’s Review Guidelines published at Review Guidelines.
22. Entrants consent to the Promoter using the entrant's nickname and likeness in any media for an unlimited period without remuneration for the purposes of promoting this Competition (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter and their related corporate bodies . Please also see Section c) of M·A·C’s Review Guidelines and Section 19 (Submissions) of M·A·C’s Terms and Conditions.
23. This promotion may include the collection of personal information which may be used by the Promoter in accordance with the Promoter's Privacy Policy which can be viewed at Privacy Policy. By participating in this Competition, entrants consent to the collection and use of their information as described in the Promoter's Privacy Policy and for the purpose of conducting this Competition, and also agree that the Promoter may use this information, or disclose it to other organizations that may use it in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. If the Promoter does not collect your information you may not be able to participate in this Competition. This notice should be read in conjunction with the Promoter's Privacy Policy, which contains information about how we handle your personal information (including personal information collected via our website) and how to contact us if you have any questions about our management of personal information. You have rights of access to and correction of your personal information under applicable privacy laws. The Promoter's Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. You can contact us using the details in section 34 of these Terms and Conditions, if you have any questions. The Promoter may disclose entrant’s personal information to entities which operate outside of Australia, including in countries such as the USA.
24. Any cost associated with accessing the promotional website situated at www.maccosmetics.com.au is the entrant’s sole responsibility and is dependent on the Internet service provider used. To the extent permitted by law, the Promoter accepts no responsibility for entrants’ use (or attempted use) of the website.
25. If, for any reason, this Competition is not capable of running as planned, including, but not limited to, as a result of tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right, at its sole discretion, and subject to relevant state legislative authority: (a) to disqualify any entrant who tampers with the entry process; or (b) to cancel, terminate, modify or suspend the Competition, as appropriate. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter also reserves the right, at its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to cancel, terminate, modify or suspend the Competition, as appropriate.
26. To the fullest extent permitted by law (including the Australian Consumer Law), the Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, as regards this Competition or the merchantability, quality or fitness for a particular purpose of any prize or any component of any prize.
27. The Promoter does not exclude any rights or remedies in respect of goods or services which cannot be excluded, restricted or modified by law (including under the Australian Consumer Law). However, to the fullest extent permitted by law, and except to the extent that such injury, loss or damage is due to the negligence or wilful misconduct of the Promoter, the Promoter (including its officers, employees and agents) excludes all liability for any personal injury or any loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b. any theft, unauthorised access or third party interference;
c. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise);
d. any variation in prize value or specification to that stated or referred to in these Terms and Conditions;
e. any tax liability or similar charge incurred by the winner; or
f. use of a prize by the winner.
28. To the full extent permitted by law, the Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or any other event beyond its control and, in these circumstances, the Promoter may, at its absolute discretion, cancel the Competition (without liability) and, if it elects to do so, recommence it from the start on the same conditions.
29. Without limiting any other terms herein, the entrant indemnifies the Promoter in respect of any loss or damage resulting from a breach of these Terms and Conditions by the entrant.
30. All entries become the property of the Promoter (including any intellectual property rights comprised therein).
31. Entrants’ personal information may be disclosed to Australian lottery departments and the winner’s name published as required under the relevant lottery legislation.
32. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by the laws of New South Wales, Australia.
33. The Promoter is Estee Lauder Pty. Limited (ABN 63 008 444 719) of 165-175 Mitchell Road, Erskineville, NSW, 2043, Australia.
34. If you have any questions regarding these Terms and Conditions, the Promoter may be contacted by telephone on 1800 613 828.