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Competition Terms and Conditions (“Terms and Conditions”)

 

NAME OF THE PROMOTER

  1. All Promotions are promoted by Australian Fashion Labels Pty Ltd ACN 098 831 139 or BNKR Pty Ltd ACN 167 598 969 or BNKR Online Pty Ltd ACN 167 598 969 all of 233 North Terrace, Adelaide SA 5000 ph. +61 08 7009 6000 (“Promoter”).

COMPETITION DETAILS

  1. Information on how to enter, the process of entry and the description of prize, form part of these Competition Terms and Conditions. 
  2. Specific information regarding:

(a)   what the entrant must do in order to be eligible to enter the competition;

(b)   the commencement date and time of the competition and the closing date and time of the competition (“Promotional Period”);

(c)   the prize for the competition (“Prize”) and

(d)   how and when the winner of the competition will be notified in order for the Promoter to deliver the Prize;

will be specified on the forum in which the competition is advertised (“Competition Details”).

 

PRIZE VALUE

  1. The value of any individual Prize will not exceed $1,000.  The total value of prizes for competitions run over any twelve (12) month period will not exceed $100,000.

CONDITIONS OF ENTRY

  1. Entry into the Promotion constitutes acceptance of these Terms and Conditions.  It is important that you read and understand these Terms and Conditions.
  2. The Promotional Period is set out in the Competition Details.

HOW TO ENTER

  1. Entry is open to anyone aged 13 and over (“Entrant”) who enter the Promotion in the manner stipulated in these Terms and Conditions. Entrants under the age of 18 must seek permission to enter the competition from their parent or guardian.
  2. To be eligible, you must comply with the requirements set out in the Competition Details.
  3. Any costs associated with accessing the www.bnkr.com.au website remain the responsibility of each Entrant and are dependent on the Internet Service Provider used by the Entrant.
  4. Entries which are not completed in accordance with these Terms and Conditions or those which are received after the expiration of the Promotional Period will not be considered.  The outcome of the Draw (as defined in clause 24 below) is final and binding on every Entrant.  No correspondence will be entered into by the Promoter regarding the Draw.
  5. Incomprehensible and incomplete entries will be deemed invalid.
  6. Entrants may enter the Promotion multiple times unless otherwise stipulated in the Competition Details.

ELIGIBILITY OF ENTRANTS AND ENTRIES

  1. To be eligible to enter the Promotion, a person must be aged 13 years or over.  The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this Promotion (including any retail store, clearance outlet staff and support office staff) are ineligible to enter.
    1. Entrants may only enter in their own name.  Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion.  All entries by an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, be deemed invalid.  The Promoter reserves the right to verify the validity of any entry or entries and to request that an Entrant produce (within the requested time) appropriate photo identification or other documentation in order to confirm their identity, eligibility to enter and claim the Prize, and any other information submitted by an Entrant in entering the Promotion, before issuing the Prize.  If the documentation required by the Promoter is not received by the Promoter (or its nominated agent), or an Entrant or entry has not been verified to the Promoter’s satisfaction, then such entry/entries will be ineligible and deemed invalid.  The Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
    2. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission.  Entries received will be considered final by the Promoter.  Any entries judged by the Promoter (in its absolute discretion) to be incomplete, inaccurate, erroneous, ineligible, incomprehensible or offensive will be deemed invalid.  The Promoter accepts no responsibility for late, lost or misdirected entries.
    3. Entrants are required to take full responsibility for the content of their entry and ensuring that their entry complies with these Terms and Conditions.

GAME OF SKILL COMPETITIONS

  1. Each Entrant warrants that all details provided in their entry are true and correct and that the entry is their own original creation and work, and does not infringe the rights (including copyright) of any other person.  Each Entrant agrees to indemnify the Promoter in relation to any loss or damage resulting from a breach of warranty.  The Promoter reserves the right to verify, or to require the Entrant to verify, that the entry is the Entrant’s original work.  If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
  2. An entry must not include:

(a)         any image or voice of any person without that person’s express consent.  Entrants warrant that if any such content is included, they have obtained the express consent of that person;

(b)         any content that contravenes any law, infringes the rights of any person or is obscene, offensive, defamatory, indecent or otherwise objectionable or inappropriate; and

(c)         any literary, dramatic, musical or artistic work, any audio visual or sound recording, or any other item in which copyright exists, unless the Entrant is entitled to do so.  By including any such content in an entry, the Entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.

  1. Any entry that contains content that the Promoter (in its absolute discretion) considers to be offensive, objectionable or inappropriate in any way or that the Promoter considers (in its absolute discretion) to infringe any intellectual property rights or other rights of any person, corporation or entity, will not be considered an eligible entry.  This includes, but is not limited to, any entry which the Promoter considers to be disparaging to its products and/or services.  The Promoter reserves the right to remove any inappropriate material at any time.
  2. By submitting an entry to the Promotion, an Entrant agrees to assign all rights (including but not limited to intellectual property and moral rights) in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes.
  3. By submitting an entry, the Entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry.  The Promoter may copy any content which comprises an entry.  The Promoter may also allow third parties to copy the content which comprises an entry.
  4. If any intellectual property rights (including moral rights) cannot be assigned, the Entrant grants to the Promoter an irrevocable, exclusive licence to use, copy, distribute, broadcast, modify, adapt and otherwise exploit the entry for any purpose, together with any ancillary rights.
  5. All entries will be the property of the Promoter and will not be returned.

SOCIAL MEDIA PLATFORM PROMOTIONS

  1. If the Promotion is conducted via Facebook, Twitter, Instagram or other social media platforms (“Social Media Platforms”):

(a)         Entrants acknowledge that the Promotion is not sponsored, endorsed or administered by, or associated with the Social Media Platforms;

(b)         Entrants acknowledge that any information which may be provided on the Social Media Platforms in connection with the Promotion is provided to the Promoter and not to the Social Media Platform;

(c)         any feedback regarding the Promotion should be directed to the Promoter and not the Social Media Platforms; and

(d)         Entrants release the Social Media Platforms (and any associated companies) from all liability arising in relation to the Promotion. By entering this competition, Entrants acknowledge and agree that they are providing information to the Promoter and not to the Social Media Platforms.

 

PRIZE AND DRAW –GAME OF SKILL AND SWEEPSTAKE

  1. The Prize will be drawn by the Promoter and will take place at 11am (ACST) on the next business day following the end of the Promotional Period as stated in the Competition Details (“Draw”). The Draw will take place at the Promoter’s premises, at 233 North Terrace, Adelaide SA 5000.
  2. Where the competition is a game of skill, all valid entries will be judged at the close of the Promotional Period to determine the winner.  All entries will be judged on the basis of creativity and originality by a panel or appropriately qualified judged at the Promoter’s premises.  The Promotion is a game of skill and chance plays no part in determining the winner.  The Promoter’s decision is final and no correspondence will be entered into.
  3. Where the competition is a sweepstake, the Draw will involve one entry being selected at random by the Promoter.

NOTIFICATION OF WINNER

  1. The Prize winner will be notified by email or through the Social Media Platform (as stipulated in the Competition Details) by 5.00pm (ACST) on the next business day following the end of the Promotional Period. By entering, Entrants give the Promoter permission to publish their name, state and entry on all or any of the Promoter’s Social Media Platform’s including but not limited to its Facebook page, Instagram account, Twitter account and website.
  2. The winner will also be published on the Promoter’s website approximately 24 hours following the end of the Promotional Period and will remain on the website http://www.fashionbunker.com for a period of 30 days.
  3. The Promoter accepts no liability for any misdirected, undelivered, lost or unsuccessful efforts to notify the winner of the Prize.  The Prize must be claimed by 5.00pm (ACST) two (2) weeks following the end of the Promotional Period or will be forfeited.
  4. The winner must confirm their postal address, contact number and email address to the Promoter as necessary to confirm the delivery of their Prize.
  5. The Promoter may, in its discretion award the Prize to the winner’s parent or legal guardian if the Prize winner is under 18 years of age.
  6. The Prize is not transferable or exchangeable and cannot be taken as cash.  The Prize must be taken as offered and cannot be varied.
  7. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings.  Independent financial advice should be sought.  Should any Prize become unavailable, the Promoter reserves its right to substitute that Prize with items of an equivalent nature and value subject to the approval of the relevant authorities in the States and Territories.  However, the Promoter accepts no responsibility for any variation in Prize value.
  8. Once the Prize has left the Promoter’s premises, the Promoter takes no responsibility for the Prize being damaged, delayed or lost in transit.
  9. The Promoter is liable for delivery of the Prize however, the Promoter is not liable for any costs associated with delivery of the Prize to the winner that are additional to standard Australian national postage.
  10. The Promoter is not liable for any costs associated with the delivery of the Prize to a winner who is located overseas. This includes any overseas customs duties, foreign taxes, additional clearance fees which may be imposed. The Promoter will not be liable for any damage to or delay in transit of the Prize.
  11. The Promoter reserves the right to request the winner to provide:

(a)     proof of identity; and

(b)     proof of residency at the nominated delivery address; and

(c)     proof of entry validity,

in order to claim the Prize.

  1. Proof of identification, residency and entry which are considered to be suitable for verification is at the discretion of the Promoter.  In the event that the winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered to the winner by the Promoter.
  2. If for any reason the winner does not claim the Prize within three (3) calendar months of notification, then the Prize will be forfeited and a redraw will occur at 11am (ACST) on the business day three (3) calendar months from the date of the initial Draw at the Promoter’s premises, at 233 North Terrace, Adelaide SA 5000.
  3. Should an unclaimed Prize draw occur, the winner will be notified in writing by email or the Social Media Platform.
  4. Without limiting any other provision of these Terms and Conditions, it is a condition of accepting the Prize that the winner must comply with all the conditions of use of the Prize (if any) and may be required to sign a legal release form determined by the Promoter in its absolute discretion.

LIABILITY, INDEMNITY AND WARRANTIES

  1. Subject to regulatory requirements, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion.
  2. To the maximum extent permitted by law, the Promoter will not be liable for any claims, costs, expenses, personal injury, death, loss (including loss of opportunity) or damage whatsoever (including but not limited to indirect or consequential loss or damage) suffered, sustained or incurred (including but not limited to that arising as a result of any negligent act or omission) as a result of, or arising out of, or in any way connected with:

(a)     this Promotion (including participation or attempted participation in the Promotion by an Entrant);

(b)     technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures;

(c)     theft, unauthorised access or third party interference;

(d)     lost or damaged entries, Prize claims; and/or

(e)     acceptance and/or use of the Prize.

  1. The use of any automated entry software or any mechanical, electronic or other means that allows the Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by such Entrant invalid.
  2. If for any reason this Promotion is not capable of running as planned, including (but not limited to) due to infection by a computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any Entrant who tampers with the entry process, to take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any direction given under any applicable laws or regulations.
  3. The Promoter reserves the right to disqualify an Entrant:

(a)     for tampering with the entry process;

(b)     for submitting an entry which is not in accordance with these Terms and Conditions; or

(c)     if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion.

The Promoter’s legal rights to recover damages or other compensation from an Entrant are reserved.

  1. By entering this promotion, the Entrant warrants to the Promoter that their entry does not contain content that:

(a)     violates the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;

(b)     is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;

(c)     includes an image or reference to another person that an Entrant has submitted without that person's consent;

(d)     contains any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;

(e)     is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(f)       contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(g)     is contrary to the requirements or directions of relevant regulators;

(h)     solicits personal information from anyone under 18 years old;

(i)       involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming";

(j)       solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(k)      contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; and/or

(l)       has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes.

 

PRIVACY

  1. As a condition of entering this Promotion, the Entrant consents to the Promoter using their entry, name, and basic information in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter.  The Entrant also agree that, in the event they are the winner, they will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
  2. By entering the Promotion, the Entrant consent to the use of their personal information as set out in this clause 48.  The Promoter may collect and use personal information submitted by the Entrant for the purpose of conducting the Promotion, including contacting the Entrant by confirming their contact details.  If the personal information requested is not provided, the Entrant cannot participate in the Promotion and are deemed ineligible.  Personal information may be provided to third party organisations, including but not limited to agents, contractors and service providers that assist in maintaining and/or conducting the Promotion, and, if required may be provided to Australian regulatory authorities.  The Entrant can stop this information being used for this purpose by contacting the Promoter.  All personal information will be stored at the office of the Promoter.  A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected can be found at http://www.fashionbunker.com.
  3. Entrants’ personal information may be disclosed to State and Territory lottery and regulatory departments (as required) and the winners names published as described under these Terms and Conditions and as required under the relevant lottery legislation (as applicable).  A request to access, update or correct any personal information of an Entrant should be directed to the promoter.
  4. Each Entrant consents to the Promoter using the Entrant’s name, image and/or voice in the event that they are a winner (including a photograph, film and/or recording the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 

GOVERNING LAW

  1. This Promotion is governed by the laws of South Australia, Australia. Entrants submit to the jurisdiction of the courts of that State.

AMENDMENT OF TERMS AND CONDITIONS

  1. The Promoter reserves the right to amend, delete or add to these Terms and Conditions, subject to any regulatory authority requirements, at any time without prior notice.  Entrants will be bound by such changes.  The Promoter will post any changes to the Terms and Conditions on http://fashionbunker.com/terms-conditions.

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