Terms and Conditions
1. GENERAL
(a) Kit Cosmetics Pty Ltd (KIT, we, us or our) provides the KIT website at www.kitskinkind.com.au (the Site).These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on this Site (such as our Returns Policy) and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Site, and social media channels, and the products and services provided therein, regardless of your means of access.
(b) We encourage you to consult our FAQs section if you have any questions in relation to the Terms or the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agreed to the Terms.
(c) If you access and use any part of the Site on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf.
(d) These Terms govern how we will interact with you on social media sites. Otherwise, the terms and conditions of such social media third party platforms will govern your use of those social media pages.
2. MODIFICATION
(a) We may modify any part of these Terms, or content of the Site, at any time, upon notice or as required by law. If we elect to modify these Terms, we will post a new version on the Site and update the date set out above. Any changes are effective immediately upon posting to, or removal from, the Site. Your continued use of the Site thereafter constitutes your acceptance of any changes to the Site or Terms. If you do not agree to any change, then you must immediately stop using the Site.
(b) You should read and carefully consider the Terms before using the Site, or otherwise placing an order online, and check back regularly for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.
(c) We do not promise to continue to offer or maintain the Site. We may, at any time and without prior notice to you, but acting reasonably at all times, withdraw the Site from use and terminate any or all of the rights granted by the Terms.
(d) The terms that will apply to your use of our Site are the Website Terms and Conditions that apply at the time you used the Site.
3. PLACING ORDERS
(a) Currently, you may only place an order via the Site.
(b) To place an order, you must:
(ii) you have authorised KIT to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.
(d) We reserve the right to only accept orders from those aged over 18 or 21, as legislated by the relevant state or territory of residence.
(e) We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.
(f) Please refer to our Privacy Policy for further information about how we use your personal information.
4. ACCEPTANCE OF YOUR ORDER
(a) When you place an order via the Site, you make an offer to purchase the selected goods from us in accordance with these Terms. Unless you cancel your order, your offer is accepted, and the contract for the supply of the goods completed, when an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier.
(b) For the avoidance of doubt, your offer has not been accepted when:
(ii) following the placement of your order, you receive an email acknowledging the details of your order. This email confirms that we have received notice of, but not accepted, your order.
(c) At the time your order is placed, your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the goods that are the subject of the order. The transaction may appear as ‘authorisation only’ or ‘pending’ on your bank statement until your order is fulfilled.
(d) We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.
(e) We reserve the right to:
(i) reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms; and/or
(ii) restrict or limit the quantity of particular goods being shipped to any one customer or postal address.
(f) The contract for the supply of goods or services (as the context permits) is completed in Victoria, Australia.
5. PRICES
(a) Unless stated otherwise, prices are inclusive of GST and other taxes of a similar nature, but do not include any applicable shipping or delivery fees. Prices are displayed in Australian Dollars (AUD) if you are located in Australia.
(b) Prices are subject to change, effective immediately upon posting to the Site or other form of notification.
6. INTELLECTUAL PROPERTY RIGHTS
(a) In these Terms:
(i) Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
(ii) Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
(b) The Site, Content and all Intellectual Property Rights comprised in the Site and Content are owned by KIT, or in some cases, our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.
(c) You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).
(d) Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited.
7. ACCESS
You may use the Site (and any goods or services purchased on or via the Site) for your own lawful, personal and non-commercial purposes only in accordance with these Terms. You must not:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site;
(b) use the Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites, social media sites or otherwise;
(c) publish, distribute, transmit, sell, license or download the whole or any part of the Site or Content (except caching or as necessary to view the Site);
(d) use the Site or Content other than for personal use;
(e) modify, reverse engineer or create any derivative works based upon the Site or Content;
(f) collect account information for the benefit of yourself or another party;
(g) using any meta tags or any other ‘hidden text’ utilising any Content; or
(h) using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
8. CONTENT
(a) We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
(i) we do not warrant that information contained on the Site or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
(ii) KIT takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the Content; and
(iii) the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including warranties of merchantability or fitness for a particular purpose.
(b) From time to time, KIT may refresh their products and the ingredients they use may change slightly. We aim to update our digital platforms with any changes as soon as we can, but we recommend that you check the product packaging for the most up-to-date ingredient list. If you want to double check an ingredient, please contact our customer care team at hello@kitskinkind.com.au.
(c) KIT does not promise that any part of the Site or Content is error-free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
(d) Nothing in the Terms excludes, restricts or modifies any rights or remedies under the Australian Consumer Law that cannot be excluded, restricted or modified. Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms will be limited, at our option to:
(i) replacing the goods or supplying equivalent goods;
(ii) repairing the goods;
(iii) paying the cost of replacing the goods or of acquiring equivalent goods; or
(iv) paying the cost of having the goods repaired.
9. LIABILITY
To the fullest extent permitted by applicable law, neither party will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or its Content, or use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages.
10. USE OF INFORMATION
(a) If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Site, you:
(i) grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise, use and modify the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
(ii) consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
(iii) agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.
(b) You will not upload or otherwise provide any User Content that:
(i) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
(ii) infringes the intellectual or other proprietary interests of third parties;
(iii) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach the Terms;
(iv) violates any law, statute or regulation;
(v) forges information to disguise the origin of any User Content; or
(vi) encourages or incites any other person to engage in any of the above behaviour.
11. THIRD PARTY SITE
(a) We may include hyperlinks on the Site to other websites, platforms or resources operated by third parties (Third Party Site). KIT is not responsible for the content or accuracy of any Third Party Site linked to or from the Site, nor are we responsible for the availability of Third Party Site, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Site, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
(b) You should make your own reasonable enquires regarding the content of Third Party Site. Your linking to or from the Third Party Site is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Site that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by KIT.
12. TERMINATION
We may at any time and without obligation to give notice to you:
(a) temporarily suspend or disable the Site; and
(b) permanently cease operating the Site.
13. RELATIONSHIP
No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.
14. FORCE MAJEURE
Neither party shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, inability to obtain any necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
15. APPLICABLE LAW
The Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
16. NO WAIVER
Any failure to enforce any of our rights does not constitute a waiver of those rights.
17. SEVERABILITY
Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
18. CONTACT
If you have any questions regarding these Terms and Conditions, please contact us at hello@kitskinkind.com.au.
OFFERS
All terms of an offer must be met.
Offers are valid only for the period specified and will end at 11:59am AEDT on the end date, unless stated otherwise in the offer terms.
Please note offer periods are subject to product availability and will terminate early if stocks run out.
We reserve the right to vary, withdraw or cancel offers for any reason at any time.
BREATH HAUS X KIT GIVEAWAY COMPETITION
This offer, by Kit Cosmetics Pty Ltd (“KIT”), is for a complimentary kit Kissing Balm 15ml valued at AUD$22 (“Gift”) if you are an Australian resident and purchase a kit Kissing Balm online at https://kitskinkind.com.au/.
1. Overview
(a) This Breath Haus x Kit: Giveaway competition (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our).
(b) This Competition will be conducted via Instagram.
(c) By entering this Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
(d) To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
(e) The Competition:
(i) begins at 9am AEST on 11 September 2024; and
(ii) ends at 10am AEST on 16 September 2024
(Promotion Period).
2. Eligibility
(a) The Competition is open to individuals in Victoria and Queensland, Australia aged 18 years or over at the time of entry.
(b) Employees and contractors of MECCA Brands Pty Ltd (ABN 11 077 859 931) (and their Immediate Families), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.
3. How to enter
(a) This Competition is a game of chance. Skill plays no part.
(b) To enter the Competition, you must, during the Promotion Period:
(i) follow @kitskinkind and @thebreathhaus_ on Instagram;
(ii) locate the post about this Competition on the @kitskinkind Instagram account (Competition Post);
(iii) like the Competition Post; and
(iv) tag a friend in the comments section of the Competition Post.
(c) In addition to the process in clause 3(b), you can earn a bonus entry in the Competition by sharing the post to your Instagram story and tagging both @kitskinkind and @thebreathhaus_.
(d) Your profile settings on Instagram must be set to public. Any entry submitted using a private profile setting will be invalid.
(e) You may submit multiple entries provided each entry is unique.
(f) We will not accept entries submitted after the end of the Promotion Period.
(g) The time of each entry will be the time and date of your entry, as displayed on Instagram.
(h) We may, at any time:
(i) verify the validity of entries and entrants (including your identity, age and place of residence); and
(ii) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
(i) Incomplete, indecipherable or illegible entries will be invalid at our discretion.
(j) We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
(k) If there is a dispute as to your identity or details, we reserve the right, acting reasonably, to determine your identity or details and our determination is final.
4. Draw
(a) There will be 1 winner.
(b) The winner will be randomly drawn.
(c) We will conduct the draw at:
(i) 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
(ii) 10:30am AEST on 26 September 2024.
(d) We may draw additional valid reserve entries and record them in case:
(i) an invalid entry or ineligible entrant is drawn; and
(ii) we elect to draw on the reserve entries.
5. Outcome
(a) The winner will be notified at 11am AEST on 26 September 2024 by direct message on Instagram.
(b) It is your responsibility to notify us in writing if your contact details change.
(c) The first initial, surname and, if required by relevant laws, postcode, of the winner and will be announced on the Terms Webpage by 26 September 2024.
(d) Our draw is final.
6. Prizes
(a) The total prize pool value for this Competition is AUD $1,613 (inclusive of GST) and consists of:
(i) a 6 month membership to the Breath Haus valued at AUD $1,274, redeemable at either the Melbourne or Gold Coast Breath Haus studio, based on the winner’s location; and
(ii) a Kit: product bundle valued at AUD $339, comprising 1 of each of the following:
(A) Mineral Water Cleanser;
(B) Skinkind Face Oil;
(C) Universal Face Lotion;
(D) Good Night Balm;
(E) (F).A.C.E. Serum;
(F) Urban Hand Salve;
(G) Wellness Wash;
(H) Body Nutrition Lotion; and
(I) Wonder Exfoliant.
(b) Prize values are based on the recommended retail prices in Australia on 26 August 2024. We accept no responsibility for any change in prize value on the date the prize is redeemed.
(c) We reserve the right to substitute the prize (or part of the prize) to a prize of equal or greater value, subject to any legal or regulatory requirements.
7. Claiming the prize
(a) To claim the prize, respond to the communication we sent you in accordance with clause 5.1 (which communication notifies you that you have won) with your full name, postcode, mobile number and email address.
(b) The prize must be claimed as offered within 7 days of the winner being notified of the outcome of the draw, subject to product availability.
(c) Any part of the prize may be replaced with something of similar value or specification if it is unavailable.
(d) The prize is not transferable, saleable or redeemable as cash, credit or equivalent.
(e) You should seek independent advice, including financial advice, as implications may arise as a result of claiming the prize.
(f) You must comply with all terms and conditions of use of the prize, including the Terms and Conditions of The Breath Haus.
8. Redraw
8.1 General
If the winner does not claim their prize within the prescribed time, we will conduct a redraw:
(a) using the same method of draw specified in clause 4(a);
(b) at 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
(c) at 10:30am AEST on 3 October 2024.
8.2 Outcome
(a) The winner of a redraw will be notified at 11am AEST on 3 October 2024 by direct message on Instagram.
(b) The first initial, full surname and, if required by applicable laws, postcode of the winner of a redraw will be announced on the Terms Webpage on 3 October 2024.
9. Entries
(a) We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
(b) You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
(c) We are not liable in any way for your entry to the fullest extent permitted by law.
(d) We may remove or delete any entry without notice for any reason whatsoever.
(e) You warrant and agree that:
(i) you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider 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 15, or otherwise unsuitable for publication;
(ii) you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it;
(iii) you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
(iv) your entry does not contain viruses and will not cause injury or harm to any person or entity; and
(v) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
10. Personal Information
(a) Entries may be entered into a database.
(b) By entering this Competition, you consent to us:
(i) using your Personal Information to conduct the Competition and communicate with you if you win a prize;
(ii) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
(iii) using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
(c) If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below.
11. Liability
(a) To the maximum extent permitted by law:
(b) We are not liable for any liabilities, claims, actions, and demands of whatsoever kind or nature (including in relation to personal injury, illness, death, loss, damage or expense), either in law or equity, which directly arises or may in the future directly arise, directly resulting from, or directly in relation to, the Competition, other than to the extent caused by use;
(c) Neither party will be liable for any indirect, special, punitive, incidental, or consequential damages of any kinds or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Competition, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages.
12. Disruption to Competition
(a) If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we will, as soon as reasonably practicable, notify you of the Force Majeure Event and take all reasonable steps to minimise disruption and may, to the fullest extent permitted by law:
(i) disqualify any entrant who tampers or interferes with the entry process; or
(ii) subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as reasonably appropriate.
(b) Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We may request any documentation we consider necessary to assist with our assessment.
KIT X MOSEY ME GIVEAWAY COMPETITION
1. Overview
(a) This Kit: x Mosey Me competition (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our).
(b) This Competition will be conducted via Instagram.
(c) By entering this Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
(d) If you are under 18 years old at the time of entry, your parent or guardian must read and accept these Terms and our privacy policy on your behalf. We will assume, if you are under 18 years old when you enter, that you have complied with these requirements.
(e) To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
(f) The Competition:
(i) begins at 9am AEST on 19 September 2024; and
(ii) ends at 10am AEST on 24 September 2024
(Promotion Period).
2. Eligibility
(a) The Competition is open to individuals in Australia aged 18 years or over at the time of entry.
(b) Employees and contractors of MECCA Brands Pty Ltd (ABN 11 077 859 931) (and their Immediate Families), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.
3. How to Enter
(a) This Competition is a game of chance. Skill plays no part.
(b) To enter the Competition, you must, during the Promotion Period:
(i) follow @kitskinkind and @mosey_me on Instagram;
(ii) locate the Instagram collaboration post about this Competition on the @kitskinkind and @mosey_me Instagram accounts (Competition Post);
(iii) like the Competition Post; and
(iv) tag a friend in the comments section of the Competition Post.
(c) Your Instagram profile used to enter the Competition must be set on public, so we can direct message you if you are a winner.
(d) You may submit multiple entries provided each entry is unique.
(e) We will not accept entries submitted after the end of the Promotion Period.
(f) The time of each entry will be the time and date of your entry, as displayed on Instagram.
(g) We may, at any time:
(i) verify the validity of entries and entrants (including your identity, age and place of residence); and
(ii) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
(h) Incomplete, indecipherable or illegible entries will be invalid at our discretion.
(i) We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
(j) If there is a dispute as to your identity or details, we reserve the right, acting reasonably, to determine your identity or details and our determination is final.
4. Draw
(a) There will be 1 winner.
(b) The winner will be randomly drawn.
(c) We will conduct the draw at:
(i) 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
(ii) 10:30am AEST on 24 September 2024.
(d) We may draw additional valid reserve entries and record them in case:
(i) an invalid entry or ineligible entrant is drawn; and
(ii) we elect to draw on the reserve entries.
5. Outcome
(a) The winner will be notified at 11am AEST on 24 September 2024 by direct message on Instagram.
(b) It is your responsibility to notify us in writing if your contact details change.
(c) The first initial, full surname and, if required by applicable laws, postcode of the winner of the draw will be published on the Terms Webpage on 24 September 2024.
(d) Our draw is final.
6. Prize
(a) The total prize pool value for this Competition is AUD $523 (inclusive of GST) and consists of 1 of each of the following:
Mosey Me Totem Terry Slippers $40
Mosey Me Totem Terry Robe $239
Mosey Me Honey Blue Seersucker Eye Mask $29
kit: Good Night Balm (50ml) $48
kit: Unwind Body Balm $42
kit: Skinkind Face Oil $42
kit: Gua Sha Face Tool $35
kit: Gua Sha Body Tool $48
(collectively, the Prize).
(c) Prize values are based on the recommended retail prices in Australia on 28 August 2024. We accept no responsibility for any change in prize value on the date the Prize is redeemed.
(d) We reserve the right to substitute the Prize (or part of the Prize) to a prize of equal or greater value, subject to any legal or regulatory requirements.
7. Claiming the prize
(a) To claim the Prize, respond to the communication we sent you in accordance with clause 5(a) (which communication notifies you that you have won) with your full name, mobile number and nominated Australian delivery address.
(b) The Prize must be claimed as offered within 7 days of the winner being notified of the outcome of the draw, subject to product availability.
(c) Any part of the Prize may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
(d) A Prize is not transferable, saleable or redeemable as cash, credit or equivalent.
(e) You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the Prize.
(f) You must comply with all terms and conditions of use of the Prize.
8. Redraw
(a) If the winner does not claim the Prize within the prescribed time, we will conduct a redraw:
(i) using the same method of draw specified in clause 4(b);
(ii) at 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
(iii) at 11am AEST on 1 October 2024.
8.2 Outcome
(a) The winner of a redraw will be notified by 11:30 AEST on 1 October 2024 by direct message on Instagram
(b) The first initial, full surname and, if required by applicable laws, postcode of the winner of a redraw will be published on the Terms Webpage on 1 October 2024.
9. Entries
(a) We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
(b) You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
(c) We are not liable in any way for your entry to the fullest extent permitted by law.
(d) We may remove or delete any entry without notice for any reason whatsoever.
(e) You warrant and agree that:
(i) you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider 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 15, or otherwise unsuitable for publication;
(ii) you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it;
(iii) you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
(iv) your entry does not contain viruses and will not cause injury or harm to any person or entity; and
(v) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
10. Personal Information
(a) Entries may be entered into a database.
(b) By entering this Competition, you consent to us:
(i) using your Personal Information to conduct the Competition and communicate with you if you win the Prize;
(ii) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
(iii) using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
(c) If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below.
11. Liability
(a) To the maximum extent permitted by law:
(b) We are not liable for any liabilities, claims, actions, and demands of whatsoever kind or nature (including in relation to personal injury, illness, death, loss, damage or expense), either in law or equity, which directly arises or may in the future directly arise, directly resulting from, or directly in relation to, the Competition, other than to the extent caused by use;
(c) Neither party will be liable for any indirect, special, punitive, incidental, or consequential damages of any kinds or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Competition, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages.
12. Disruption to Competition
(a) If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we will, as soon as reasonably practicable, notify you of the Force Majeure Event and take all reasonable steps to minimise disruption and may, to the fullest extent permitted by law:
(i) disqualify any entrant who tampers or interferes with the entry process; or
(ii) subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as reasonably appropriate.
(b) Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We may request any documentation we consider necessary to assist with our assessment.
13. General
(a) Any failure to enforce any of our rights does not constitute a waiver of those rights.
(b) Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
(c) This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
(d) The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 35-43 Wangaratta Street, Richmond, Victoria, 3121, Australia.
(e) If you have any questions or issues regarding these Terms or how this Competition is conducted, you may contact us at hello@mecca.com.au or on 1800 007 844. We will determine how any issues will be resolved.
COLD NIPS X KIT: EVENT TERMS & CONDITIONS
1. Overview
(a) MECCA Brands Pty Ltd of 35-43 Wangaratta Street, Richmond, Victoria, 3121, Australia (ABN 11 077 859 931) (MECCA, we, us or our) is the organiser of the Event.
(b) By registering for, and/or participating in, the Event, all participants (you or your) will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our Privacy Policy.
(c) If you are under 18 years, your parent or guardian must read these Terms and our Privacy Policy and accept them on your behalf. We will assume, if you are under 18 years, that you have complied with these requirements.
(d) Information on how to register and enter form part of these Terms. Participation in this Event is deemed acceptance of these Terms.
(e) To the extent of any inconsistency between these Terms and any other reference to the Event, these Terms prevail.
2. Registration
(a) You must register in accordance with these Terms, in order to participate in the Event.
(b) Registration will be managed via the Cold Nips website at https://cold-nips-100-dips.raiselysite.com/o/st-kilda-st-kilda-foreshore-melbourne (Site).
(c) To register, you must follow the instructions on the Site, with up to date and accurate contact details, including your full name, address and email address via the Site before the Event’s attendee capacity is exhausted.
(d) You must register by 20 September 2024 or before the Event’s attendee capacity of 300 is exhausted, whichever is earlier.
(e) In consideration for your registration, MECCA will grant you access to the Event.
(f) By registering for the Event, or using the Site, you may be subject to the terms and conditions, privacy policy and/or another document of an applicable third party, which may include the Site operator. You should carefully review any such documents. MECCA is not responsible for the practices of any third parties, which may include the Site operator.
4. Risk
(a) You acknowledge and understand that:
(i) the Event may involve medical or health risks, including risk of physical or mental injury (including aggravation, acceleration or reoccurrence of a pre-existing injury), risk of illness (including COVID-19) or infection, risk of an allergic or other reaction (including as a result of the use of any cosmetic products available to be used or purchased at the Event, whether or not you have a pre-existing sensitivity to those products) and risks to your personal property; and
(ii) you are responsible for:
(A) ensuring that you have adequate insurance to cover any personal injury, accident and/or illness arising out of, or in connection with, your participation in the Event;
(B) the safety and security of your personal property or equipment during and after the Event;
(C) wearing appropriate clothing and footwear when participating in the Event, including to avoid the risk of injury; and
(D) where possible, social distancing and/or taking appropriate protective measures (such as wearing a face mask and sanitising your hands) to mitigate the risk of transmission of COVID-19.
(b)You warrant that you are physically and mentally fit to safely participate in the Event. If you are:
(i) aware, or become aware of, any illness, injury or other condition, whether physical or mental, that may impair your ability to safely participate in the Event or that may impact the safety or health of others; or
(ii) uncertain whether you are sufficiently fit to participate in the Event,
then you must refrain from participating in the Event.
(c) You agree to:
(i) participate in the Event solely at your own risk; and
(ii) receive any medical treatment, including ambulance transportation, that MECCA (or its employees, volunteers, contractors, partners or agents) deem necessary or advisable in the event of injury, accident and/or illness during the Event.
5. Photography
(a) During the Event, photos, screenshots, videos and/or audio and visual recordings, including screen recordings may be taken of you (collectively, Photos) may be taken of you.
(b) You understand the Photos may reveal your Personal Information (ie identify you or be capable of identifying you), including your sensitive information.
(c) You consent to us:
(i) taking Photos of you during, or shortly before or after, the Event; and
(ii) using the Photos for the purposes specified at clause 5.1(b)(iv), whether in their original form or edited or altered.
(d) Given the nature of the internet, a Photo of, or featuring, you that we share or publish online or via social media will be available and accessible worldwide and may be distributed, shared, liked or tagged by third parties worldwide.
(e) We own the Photos, including the Intellectual Property Rights in those Photos.
(f) You acknowledge that you are not entitled to remuneration, royalties or any other payments from us in respect of the use of the Photos by us or anyone else.
(g) MECCA is not responsible to you or anyone else for the use or publication of any Photos (including screenshots) or recordings, which are taken during the Event by persons not authorised or approved by MECCA.
(h) MECCA will comply with any reasonable request from the person the subject of a Photo who requests that they be removed from the Photo.
6. Privacy
6.1 Collection notice
(a) We will collect your Personal Information in the course of conducting the Event including:
(i) any contact details we reasonably request from you when you register for the Event in accordance with these Terms; and
(ii) any Photos we take of you while you attend or participate in the Event.
(b)We may use your Personal Information:
(i) to organise and host the Event;
(ii) to register you for, and communicate with you about, the Event;
(iii) to contact you about other events; and
(iv) for our marketing and promotional purposes, including posting, uploading, sharing or otherwise using your Personal Information (such as your name) in any media (including our websites at www.mecca.com.au and www.meccabeauty.co.nz and our social media channels, such as Instagram, Facebook, Twitter, YouTube, TikTok and LinkedIn), worldwide, for an unlimited period and without payment to you. This may include promoting this Event and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
(c) If you do not provide your Personal Information as reasonably required, you will be unable to attend the Event.
(d) Visit our Privacy Policy for information on our privacy practices, including how you may access or correct your Personal Information, our complaints process and the types of entities or individuals we may provide your Personal Information to.
6.2 Contact
If you have any privacy queries, please contact us at privacyofficer@mecca.com.au or on 1800 007 844.
7. Gift
(a) If you:
(i) register for the Event in accordance with these Terms;
(ii) attend the Event; and
(iii) are 1 of the first 150 eligible attendees to claim a Gift,
we will provide you with a kit: branded merchandise pack comprising:
(iv) a kit: tote bag valued at a recommended retail price of AUD$25;
(v) a kit: towel valued at a recommended retail price of AUD$85; and
(vi) a sachet of the kit: ‘Cold Therapy Mask’ (3ml),
(collectively, a Gift).
(b) Limit of 1 Gift per Event participant applies.
(c) There are 150 Gifts available at the Event.
(d) You must be present, and claim your Gift as offered, at the Event or it will otherwise be forfeited.
(e) Any part of the Gift may be replaced by MECCA with something of similar value or specification if it is unavailable or out of stock.
(f) To the extent permitted by law, a Gift is not transferable, saleable or redeemable as cash, credit or equivalent.
(g) You must comply with all terms and conditions of use of a Gift as notified to you.
8. Event Offerings
8.1 Samples
(a) Event attendees will receive a sample size (3ml) of kit: ‘Cold Therapy Mask’ (Sample).
(b) Samples will be handed to each attendee at the Event, until stocks are exhausted.
(c) There are 30,000 Samples available at the Event.
(d) Limit of 1 Sample per Event attendee applies.
(e) Any part of the Sample may be replaced by MECCA with something of similar value or specification if it is unavailable or out of stock.
(f) To the extent permitted by law, a Sample is not transferable, saleable or redeemable as cash, credit or equivalent.
(g) You must comply with all terms and conditions of use of a Sample.
(h) MECCA may reasonably terminate this offer at any time.
8.2 Coffee cart
(a) To receive a coffee from the coffee cart (Coffee) at the Event, you must:
(i) register for the Event in accordance with these Terms;
(ii) attend the Event; and
(iii) be 1 of the first 200 eligible attendees to claim a Coffee.
(b) There are 200 Coffees available at the Event.
(c) Limit of 1 Coffee per Event attendee applies.
(d) MECCA may terminate this offer at any time.
8.3 Food truck
(a) To receive an egg and bacon roll from the food truck (Roll) at the Event, you must:
(i) register for the Event in accordance with these Terms;
(ii) attend the Event; and
(iii) be 1 of the first 200 eligible attendees to claim a Roll.
(b) There are 200 Rolls available at the Event.
(c) Limit of 1 Roll per Event attendee applies.
(d) MECCA may terminate this offer at any time.
9. MECCA directions
(a) You agree to abide by all our reasonable decisions, directions and rules issued by us (or our employees, volunteers, contractors, partners or agents) from time to time in relation to the Event.
(b) Any safety precautions undertaken by our employees, volunteers, contractors, partners or agents are for your benefit and that of other participants. We do not guarantee your safety. Any safety measures taken or adopted by MECCA for the Event do not detract from your responsibility to take care for your own safety and medical conditions and for the safety and medical conditions of others.
10. Behaviour
(a) At all times during the Event, you must ensure that you do not:
(i) behave in a rude, offensive or aggressive manner; or
(ii) engage in any conduct which damages or diminishes the reputation of MECCA or the Event.
(b) The Event is a smoke, alcohol and drug free event and you must ensure that your attendance at the Event is not impaired by alcohol or drugs.
11. Disruption to Event
If, for any reason, the Event is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, we will, as soon as reasonably practicable, notify you of the Force Majeure Event and take all reasonable steps to minimise disruption and may, without liability, to the fullest extent permitted by law, cancel, terminate, modify, reschedule, relocate or suspend the Event, as reasonably appropriate.
12. Liability
To the maximum extent permitted by law:
(a) we are not liable for any liabilities, claims, actions, and demands of whatsoever kind or nature (including in relation to personal injury, illness, death, loss, damage or expense), either in law or equity, which directly arises or may in the future directly arise, directly resulting from, or directly in relation to, the Event, other than to the extent caused by us; and
(b) neither party will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Event, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages.
13. General
(a) Any failure to enforce any of our rights does not constitute a waiver of those rights.
(b) Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
(c) This Event and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
(d) If you have any queries about these Terms, you may contact us at hello@mecca.com.au or on 1800 007 844.
14. Definitions
AEST means Australian Eastern Standard Time.
Event means the Cold Nips x kit: event, scheduled to be held at the St Kilda Foreshore in St Kilda, Victoria, 3182 from 6:30am to 9:30am AEST on 21 September 2024.
Force Majeure Event means an event or circumstance beyond our reasonable control, including natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, quarantine, serious viral outbreak or other widespread or serious threat to human health (including an outbreak or recurrence), government imposed shutdown or closure, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
Personal Information has the meaning in the Privacy Act 1988 (Cth).
Privacy Laws means the Privacy Act 1988 (Cth).
Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).
NO WAIVER
Any failure to enforce any of our rights does not constitute a waiver of those rights.
SEVERABILITY
Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
CONTACT
If you have any questions regarding these Terms and Conditions, please contact us at hello@kitskinkind.com.au.