Competition Terms & Conditions (PRADA + YSL - UK)
PART A
1. Prize Draw Name: Prada Re-Edition 2005 + Saint Laurent Mini Le 5 À 7 bag 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.
3. Entry Requirements:
Entrants must be at least 16 years of age, must reside in the United Kingdom
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 Promotion 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 Promotion and the parent/guardian of the Entrant must
read and agree to these terms and conditions. The Promoter may require the
Entrant’s parent/guardian to enter into a further agreement as evidence of
agreement to the minor entering this Promotion.
4. Maximum entries: 1,625 per person.
5. Number of winners: There will be a maximum number of 1 Winner.
6. Territories: United Kingdom.
7. Promotion Period: Promotion commences 5pm AEST, 9 July 2024 and ends
at 5:00pm AEST on 29 July 2024.
8. Prizes: Prada Re-Edition 2005 + Saint Laurent Mini Le 5 À 7 bag Giveaway. For the purposes of this
Promotion, the total prize pool is estimated to be no more than $5,000. The
prize includes the following:
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.
9. 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 at21339229-1 2
[6:00 PM (AEST) on 27 May 2024] on a computer or device accessed at Level
12, 468 St Kilda Road, Melbourne VIC 3004.
10. Notifying winners: Winners will be personally notified by email within 7 days
of the draw.
11. Announcing Winners: The Promoter intends to publish the surname and
geographical location of the Winner online at www.ellamayding.com.au and
on the Promoter’s social media accounts within 7 days of the draw. You may
object to your information being published in this way by contacting the
Promoter. However, in such case, please note that your details may still be
provided to the UK Advertising Standards Authority if it requests the Promoter
to do so.
12. 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.
13. 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 with 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 Promotion, 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 Promotion.
Participation
2. To enter, Entrants must meet all of the Entry Requirements to enter the
Promotion as set out in the Schedule. The Entrant warrants and represents to
the Promoter that it meets all of the Entry Requirements.
3. Entry is open to residents of the Territories.
4. The Promotion 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
5. 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.
6. Prizes will only be awarded to the person named on entry, subject to their
entry complying with these terms and conditions.21339229-1 3
7. 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 12 August 2024) despite reasonable
steps by the Promoter to contact the Winner, the prize will be re-drawn at
5:00pm AEST, on 12 August 2024, at Level 12, 468 St Kilda Road, Melbourne
VIC 3004.
8. The Winner of the re-drawn prize will be notified by email within 7 days of the
re-draw;
9. The surname and geographical location of the Winner of the re-drawn prize
will be announced online at www.ellamayding.com.au within 7 days of the re-
draw; and published on the Promoter's social media accounts within 30 days
of the re-draw, provided that they may object to such information being
published in this way by contacting the Promoter. However, in such case,
please note that their details may still be provided to the UK Advertising
Standards Authority if it requests the Promoter to do so;
10. 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 Promotion.
Prizes
10. Prizes are provided on an "as is" basis and the Promoter will not make any
modifications to the Prizes at the Winner's request.
11. The Promoter will not be liable for any delivery of prizes to a wrong address or
account due to any error by the Winner.
12. 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.
13. 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.
14. 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.
15. Where a Prize is specified to be delivered directly from the 3rd party prize
supplier, please note that the Winner’s details shall 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
16. Entrants’ personal information will be processed by the Promoter 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 you21339229-1 4
regarding, marketing, offers or Promotions from time to time where the
Promoter is legally permitted to do so.
17. 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
18. By uploading, publishing, transmitting or making available any data, content or
other material in connection with this Promotion (Entrant Content), Entrants
will retain ownership of the copyright in their entries, and Entrants hereby
grant to 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.
19. 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.
20. 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
21. 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.
22. The Promoter may, in its absolute discretion, modify or cancel the Promotion
and may administer this Promotion in the manner that it considers
appropriate in accordance with applicable law, including where the Promotion
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 Promotion.21339229-1 5
23. 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 Promotion;
(c) engaged in any unlawful conduct;
(d) engaged in any other improper misconduct calculated to jeopardise the fair
and proper conduct of the Promotion or the reputation of the Promoter.
Instagram terms
24. The Promotion 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).
25. The Entrant agrees that it releases Instagram from any and all liability to the
Entrant arising out of or in connection with the Promotion.
26. 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 Promotion; or
(d) tag other accounts owned or controlled by the Entrant to enter the
Promotion 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 Promotion.
Exclusion of liability
27. 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 Promotion.
28. 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 or21339229-1 6
agents and the Entrant or Winner’s acceptance of, use of or attempted use of
any prize(s) and participation in the Promotion, 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.
29. 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 Promotion, 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
Promotion; (f) any variation in prize value as stated in the Schedule;
(f) any tax liability incurred by a Winner or Entrant;
(g) redemption or use of a prize; and
(h) 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.
30. 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 Promotion, 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
31. These terms and conditions are governed by and will be construed under
English law and the parties agree to submit to the non-exclusive jurisdiction of
the courts of England and Wales.
32. Failure by Promoter to enforce any of its rights at any stage does not
constitute a waiver of those rights.
33. Capitalised terms used throughout these terms and conditions are defined in
the Schedule unless specified otherwise.