Vida Glow x TONI&GUY: Instagram Giveaway

TONI&GUY X VIDA GLOW GIVEAWAY TERMS & CONDITIONS

1. The promoters of the TONI&GUY x Vida Glow Giveaway (“Promotion”) are Vida Glow Pty Limited (ABN 43168960316) of Level 20, 100 Miller Street, North Sydney.
   
   
2. Information on how to enter the Promotion and the Prize form part of these “Terms and Conditions”. Any entry not complying with these Terms and Conditions will be deemed to be invalid. Participation in this Promotion is deemed as acceptance of these Terms and Conditions.
   
   
3. The Promotion commences at 5.00pm AEST on 12 April 2023 and final entries close at 11.59pm AEST on 16 April 2023 (“Promotional Period”).
   
   
4. Entry is only open to entrants in Australia aged 18 years or over (“Eligible Entrants”).
   
   
5. These Terms and Conditions are based on Australian laws only and there will be no consideration of the law in the Entrant’s usual place of residence. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this Promotion and their immediate families are ineligible to enter the Promotion. Immediate family means any of the following:spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother or sister. 

HOW TO ENTER

6. To be eligible to enter the Promotion, Eligible Entrants must enter via the social media channel Instagram during the Promotional Period. To enter Eligible Entrants must:
   • Visit either of the Promoter’s Instagram pages: @vida_glow or @toniandguyau;
   • Like the designated competition post;
   • Tag a person in the comments section of the competition post;
   • Follow both Promoters’ Instagram pages @vida_glow and @toniandguyau
7. Entrants release the Social Media Platform(s) and its/their associated companies from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform; (b) any information provided by the entrant in connection with the Promotion is provided to the Promoters and not to any Social Media Platform; and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoters, not to any Social Media Platform.
   
   
8. The Promoters reserve the right, at any time, to verify the validity of entries,(including an Eligible Entrant’s identity, age and place of residence and reserves the right, in its sole discretion, to disqualify any individual who the Promoters have reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion). Errors and omissions may be accepted at the Promoters’ discretion. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoters’ legal rights to recover damages or other compensation from such an offender are reserved.
   
   
9. If there is a dispute as to the identity of an Eligible Entrant, the Promoters reserve the right, in their sole discretion, to determine the identity of the Eligible Entrant.
   
   
10. Entries that, at Promoters’ absolute discretion, are incomplete, defaced, damaged or incomprehensible will be deemed invalid.

11. All entries received from Eligible Entrants during the Promotional Period which comply with Clause 6, will be eligible to win the Prize (“Valid Entry”).
12. An Eligible Entrant who meets the criteria in clause 6 of these Terms and Conditions and the person who they tagged in their comment will be selected to each win the Prize, as defined in clause 16.
13. The decision as to who will win the Prize (the “Winner”) will take place at 9:00am AEST on Monday, 17 April 2023.
14. The Winner will be notified via the social media platform and their name and handle will be published on the Promoters’ respective Instagram accounts Monday, 17 April 2023.

PRIZE

15. The Prize consists of: 1 x $500 e-gift card to Vida Glow and Wella System Professional Hair Treatment and a signature TONI&GUY hair blow-dry for the winner and a friend of their choosing.
    
    
16. The Prize is not transferable for cash or exchangeable for any other good or service.

GENERAL

17. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand or any other country (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including its respective officers, employees and agents) excludes 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 the Promotion, including, but not limited to, where arising out of the following: (a) any injury caused by the acceptance or use of the Prize or any components of the Prize; (b) any theft, unauthorized access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions or (e) any tax liability incurred by the Winner or Eligible  Entrant.
    
    
18. For the avoidance of doubt, this Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. By entering this Promotion, the Entrants hereby release Facebook or Instagram from any liability arising as a direct or indirect result of this Promotion.
    
    
19. If this Promotion 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 Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserve the right, in their sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant ; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
    
    
20. Any cost associated with accessing the website(s) or social media platforms related to this Promotion is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
    
    
21. If for any reason a Winner does not take a Prize at/by the time stipulated by the Promoters, then the Prize will be forfeited.
    
    
22. As a condition of accepting a Prize, the Winner (and their companions) must sign any legal documentation as and in the form required by the Promoter / Prize supplier / organisers in their absolute discretion including but not limited to a legal release and indemnity form. If for whatever reason the Winner does not agree to sign such documentation, then he or she will forfeit the Prize.
    
    
23. Liability for any tax arising out of participation in this Promotion (including acceptance of a Prize) is the sole responsibility of the Entrant. Entrants should seek independent financial advice in this regard.
    
    
24. The Promoters collects personal information ("PI") in order to conduct the Promotion and may, for this purpose, disclose such PI to each other or third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to regulatory authorities. Entry is conditional on providing this PI. The Promoters will also use and handle PI as set out in each Promoter’s Privacy Policy, which can be viewed on the Promoters’ respective websites.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for Promotion, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant . The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their PI, 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. All entries become the property of the Promoter. The Promoter may disclose Australian Entrant’s PI to an entity outside of Australia in accordance with its Privacy Policy. Any Eligible Entrant who wishes to request access to the information that each Promoter holds concerning them or have any other questions may contact the Customer Service Centre of each Promoter.
    
    
25. Promoter’s decision is final and no correspondence will be entered into.
    
    
26. By entering the Promotion, the Winner agrees to the use of their name in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
    
    
27. Eligible Entrants submit to the exclusive jurisdiction of the courts of New South Wales.