Competition Terms & Conditions (3 Day Shanti Retreat Bali)

Competition Schedule

Competition Terms and Conditions 

Competition Schedule 

PART A 

  1. Competition Name: 3 Day Stay at Shanti Retreat Bali Giveaway
  2. Promoter: Ella Ding Enterprise Pty Ltd (ACN 659 503 652) (Promoter) of Level 12, 468 St Kilda Road, Melbourne VIC 3004. Contact details available at:

www.ellamayding.com.au.  

  1. Entry Requirements:  

Entrants must be at least 16 years of age, must reside in Australia and must submit a  completed, accurate Customer Details Card via online at www.ellamayding.com.au.  Completion of the Customer Details Card will grant the entrant one (1) free entry into  the Promotion. 

An Entrant may gain additional free entries into the Promotion by purchasing a  membership package via the Promoter's website located at www.ellamayding.com.au (Website), which gives the purchaser access to special discounts (Membership  Package). The Entrant will receive a number of entries in the Competition as set out  on the Membership Packages page, depending on the Membership Package  purchased. 

If the Entrant is under 18 years of age, the Entrant must have parent/guardian  approval to enter the Competition and the parent/guardian of the Entrant must read  and consent to these terms and conditions. The Promoter may require the Entrant’s  parent/guardian to enter into a further agreement as evidence of consent of the minor  entering this Competition.  

  1. Maximum entries: 1625 per person. 
  2. Number of winners: There will be a maximum number of 1 Winner.
  3. Territories: Australia-wide, except ACT. 
  4. Promotion Period: Competition commences 5pm AEST, 30 July 2024 and ends at 5:00pm AEST on 12 August 2024. 

Prizes: 3-day stay at the serene Shanti retreat. For the purposes of this Competition,  the total prize pool is estimated to be no more than $5,000. The prize includes the following:

You'll enjoy a 3-day stay at the serene Shanti Retreat with the below inclusions:

  • 3 DAY STAY AT SHANTI RETREAT

  • TOEKIK CLEANSING/HEALING SESSION

  • ONE MASSAGE PER GUEST
  • YOGA, SUNSET MEDITATIONS, NATURE WALKS, AND MORE
  • AIRPORT PICKUP OR DROP OFF
  1. The Prize(s) must be taken  as stated and are not transferable to another person, unless agreed to in writing by the  Promoter. The Prizes are not exchangeable for other goods or services from the  Promoter. Any additional expense incurred as a result of winning this prize is the  responsibility of the Winner. 
  2. Prize date and selection of winners: All entries will be assigned a number and the  Winners will be drawn by a random electronic number generator at 6:00 PM (AEST) on 12 August 2024 on a computer or device accessed at Level 12, 468 St Kilda Road,  Melbourne VIC 3004. 
  3. Publication of winners: Winners will be personally notified by email within 7 days of  the draw. Winners will also be announced online at www.ellamayding.com.au and the  Promoter’s Social Media Accounts within 7 days of the draw. 
  4. Winner eligibility: To be eligible to win, the Entrant’s details provided to us must contain  correct and accurate information. Employees of the Promoter and family members of  employees of the Promoter are not eligible to win. 
  5. Prize Delivery: Prizes will be delivered to the Winners to their nominated address or  email address (at the Promoter’s discretion) within five (5) business days of confirmation  of the Winner’s eligibility. If the Prize contains a cash prize, it will be delivered to the  Winner by bank transfer to their nominated bank account. The Promoter will pay for the delivery of the Prize to the Winner's nominated address. However, the Winner is  responsible for any other costs associated its receipt of the Prize, including any taxes or  transfer duties or costs. 

PART B 

  1. Information on how to enter and information provided in Part A form part of these terms  and conditions and by entering into this Competition, each Entrant is deemed to have  accepted and understood these terms and conditions. The Entrant agrees that these terms  and conditions constitute all of the terms and conditions between the Entrant and the  Promoter governing this Competition. 

Participation 

  1. To enter, Entrants must meet all of the Entry Requirements to enter the Competition as set  out in the Schedule. The Entrant warrants and represents to the Promoter that it meets all  of the Entry Requirements. 
  2. Entry is open to residents of the Territories. 
  3. The Competition will be open during the Promotion Period. All eligible entries must be  received by the Promoter during this time. Entries are deemed to be received at the time  of receipt by the Promoter and not at the time of transmission by the Entrant. 

Selection of Winner 

  1. The Winner will be selected by random draw, on the dates and at the location outlined in  Part A. Entries that are incomplete or incomprehensible will be deemed invalid and will be  ineligible to win.  
  2. Prizes will only be awarded to the person named on entry, subject to their entry complying  with these terms and conditions. 
  3. If for any reason, a prize or element of a prize is unclaimed by the Winner within 2 weeks of the drawing date (i.e. by 26 August 2024) despite reasonable steps by the Promoter to  contact the Winner, the prize will be re-drawn at 6:00pm AEST, on 26 August 2024 , at  Level 12, 468 St Kilda Road, Melbourne VIC 3004. 
  4. The Winner of the re-drawn prize will be: 
    a. notified by email within 7 days of the re-draw; 
    b. announced online at www.ellamayding.com.au within 7 days of the re-draw; and
    c. published on the Promoter's social media accounts within 30 days of the re-draw.
  5. The Entrant is solely responsible for ensuring that it is eligible to be a Winner, and the  Promoter will not be in any way liable to an Entrant, should the Entrant be found to be  ineligible to win the Competition. 

Prizes 

  1. Prizes are provided on an "as is" basis and the Promoter will not make any modifications  to the Prizes at the Winner's request. 
  2. The Promoter will not be liable for any delivery of prizes to a wrong address or account due  to any error by the Winner. 
  3. If the Winner claims a prize but is found to be in eligible or if the Winner does not provide  valid delivery details within the time frame specified by the Promoter, the Winner forfeits  the Prize and it will not be re-drawn. 
  4. The Promoter will not be liable for re-drawing or providing a replacement prize for any  Prizes that are not received by the Winner due to being lost in transit, stolen or due to any  failure to accept delivery by the Winner or due to any error in details provided by the Winner. 
  5. The Prizes may contain goods or services from 3rd party brands. Unless otherwise  specified, the provision, advertisement or offer of prizes from a 3rd party brand does not constitute any sponsorship, approval or endorsement of the good, service, content,  policies, practices or services offered by those parties. 
  6. Where a Prize is specified to be delivered directly from the 3rd party prize supplier, as a  condition of entry, the Winner agrees that its details may be provided to the 3rd party prize  supplier by the Promoter on its behalf for the purpose of delivery of the Prize to the Winner.  

Personal information

  1. As a condition of entering this Competition, Entrants agree to provide personal information  to the Promoter. Personal information collected during the course of this Competition will  be dealt with in accordance with the Promoter’s Privacy Policy, located at  www.ellamayding.com.au. Personal information submitted may be provided to third parties  for the purpose of administering this Promotion and distributing the prizes, including to  agents, contractors and prize suppliers. The Promoter may also use this personal  information to contact you regarding, marketing, offers or Promotions from time to time. 
  2. As a condition of entry, each Entrant agrees that the Promoter may use their name (either  in full or in part), likeness, voice and image (including any photograph and film) in any  marketing and promotion of any products manufactured, distributed and/or supplied by the  Promoter, for an unlimited period of time and the Winner will not be entitled to any fee for  such use. 

Intellectual property 

  1. By uploading, publishing, transmitting or making available any data, content or other  material in connection with this Competition (Entrant Content), the Entrant agrees to grant  the Promoter, its affiliates, licensees and successors a non-exclusive, royalty-free,  perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate,  reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from,  distribute and display in any form, any such content, including but not limited to text,  images, videos, graphics, audio and photographs without attribution. 
  2. The Entrant warrants and represents that:  

(a) it holds all the intellectual property rights to the Entrant Content; 

(b) it has the authority and licence to upload, make available and licence the Entrant  Content to the Promoter; and 

(c) the Promoter’s use of the content will not infringe or violate any third-party rights,  including but not limited to defamation, intellectual property rights, moral rights and  privacy rights and will not give rise to an obligation to make any payment to a third  party. 

  1. The Entrant agrees that they are solely liable for the Entrant Content and that, to the fullest  extent of the law, the Promoter shall not be liable in any way for such Entrant Content. 

Reservation of rights 

  1. The Promoter reserves the right to request each winner to provide proof of identity or proof  of residency at the address specified in their submission in order to claim a prize. Proof of  identification and residency is at the absolute discretion of the Promoter. In the event that  a Winner cannot provide suitable proof, the Winner will forfeit the prize and no substitute  will be offered. 
  2. The Promoter may, in its absolute discretion, modify or cancel the Competition and may  administer this Competition in the manner that it considers appropriate in accordance with  Australian law, including where the Competition is not capable of running as planned, such  as where there has been infection by computer virus, bugs, tampering, unauthorised  intervention, fraud, technical failures or any other causes beyond the control of the  Promoter which corrupt or affect the administration security, fairness, integrity or proper  conduct of the Competition. 
  3. The Promoter reserves the right in its sole discretion to disqualify any Entrant that has, or  is suspected by the Promoter to have: 

(a) breached any of these terms and conditions;  

(b) tampered with the entry process or the Competition; 

(c) engaged in any unlawful conduct; 

(d) engaged in any other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition or the reputation of the Promoter. 

Instagram terms

 

  1. The Competition is in no way sponsored, endorsed or administered by, or associated with  www.instagram.com and its related mobile application, both being owned by Instagram,  Inc. (Instagram). 
  2. The Entrant agrees that it releases Instagram from any and all liability to the Entrant arising  out of or in connection with the Competition. 
  3. The Entrant must not: 

(a) harass or bully any other person, use offensive language, use language that defames  the Promoter, or use language that negatively impacts or intends to negatively impact  the reputation of the Promoter; 

(b) use electronic programs, bots or similar technology to automatically submit entries;  (c) use multiple Instagram accounts to enter the Competition; or 

(d) tag other accounts owned or controlled by the Entrant to enter the Competition and  agrees that it will only tag genuine friends or family in their entry, 

and the Promoter reserves the right to disqualify any Entrant or Entry that breaches these  terms and remove any such entries from the Competition. 

Exclusion of liability 

  1. The Promoter will not be liable for any late, lost or misdirected entries including due to  technical disruptions, delayed or misplaced postage, network congestion or for any other  reason. To the maximum extent permitted by law, the Promoter will not accept any liability  for any error, omission or failure to administer this Competition.  
  2. Except for any liability that cannot be excluded by law, all Entrants release, and indemnify  and hold harmless the Promoter (including its officers, employees, agents and contractors),  from and against, all liability (including negligence), actions, claims, costs, losses or  expenses arising out of or in connection with: any act, omission, negligence, fraud, wilful  misconduct or breach of these terms and conditions by the Entrant, its nominees or agents  and the Entrant or Winner’s acceptance of, use of or attempted use of any prize(s) and  participation in the Competition, including (but not limited to) loss of income, damage to  property and personal injury whether direct or consequential, foreseeable, due to some  negligent act or omission or otherwise. 
  3. Except for any liability that cannot be excluded by law, the Promoter (including its officers,  employees, agents and contractors) 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 Competition, including, but  not limited to, where arising out of the following: 

(a) inaccurate or incorrect transcription of entry information; 

(b) any technical difficulties or equipment malfunction, malfunction of any telephone  network or lines, computer online systems or network, servers or providers, computer  equipment, or software (whether or not under Promoter ’s control); 

(c) the unavailability or inaccessibility of any service whether or not caused by traffic  congestion on the Internet or at any website; 

(d) any theft, unauthorised access or third party interference; 

(e) electronic or human error which may occur in the administration of the Competition; (f) any variation in prize value as stated in the Schedule; 

(g) any tax liability incurred by a Winner or Entrant; 

(h) redemption or use of a prize; and 

(i) any act or omission, deliberate or negligent, by the Promoter, or its employees or  agents, in connection with the arrangement for supply, or the supply, of any goods or  services by any person to a Winner and, where applicable, to any family/persons  accompanying a Winner. 

  1. To the maximum extent permitted by law, the Promoter's total aggregate liability to the  Entrant under or in any way connected with these terms and conditions and the 

 

Competition, or the performance or non-performance of these terms and conditions is  limited to an amount equal to any amounts paid by the Entrant to the Promotor in the  three (3) month period immediately preceding the date on which the relevant claim arose,  which may be zero. 

General 

  1. These terms and conditions are governed by and will be construed under the laws of  Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria and its appellate courts. 
  2. Failure by Promoter to enforce any of its rights at any stage does not constitute a waiver of  those rights. 
  3. Capitalised terms used throughout these terms and conditions are defined in the Schedule  unless specified otherwise.