Terms and Conditions: Promotions
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.
1. Overview
(a) This kit: Holiday Giveaway '24 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 (Social Media Platform).
(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 AEDT on 11 November 2024; and
(ii) ends at 12pm AEDT on 22 November 2024
(Promotion Period).
2. Eligibility
(a) The Competition is open to individuals in Australia and New Zealand 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 Instagram account;
(ii) locate the post about this Competition on the @kitskinkind Instagram account (Post);
(iii) like the Post; and
(iv) tag a friend in the comment section of the Post.
(c) You need an account on the Social Media Platform to enter the Competition.
(d) This Competition is in no way sponsored, endorsed or administered by, or associated with the Social Media Platform.
(e) Your profile settings on the Social Media Platform must be set to public. Any entry submitted using a private profile setting will be invalid.
(f) You may submit multiple entries provided each entry is unique.
(g) We will not accept entries submitted after the end of the Promotion Period.
(h) The time of each entry will be the time and date of your entry, as displayed on the Social Media Platform.
(i) 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.
(j) Incomplete, indecipherable or illegible entries will be invalid at our discretion.
(k) We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
(l) 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) The winner will be randomly drawn.
(b) We will conduct the draw at:
(i) 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
(ii) 1pm AEDT on 22 November 2024.
(c) 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
5.1 Notifying prize recipients
The winner will be notified at 1:30pm AEDT on 22 November 2024 by direct message on the Social Media Platform.
5.2 Announcing prize recipients
The first initial, surname and, if required by relevant laws, postcode, of the winner and will be announced on the Terms Webpage on 22 November 2024.
5.3 General
(a) Entries and entrants' social media handles may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle.
(b) It is your responsibility to notify us in writing if your contact details change.
(c) Our draw is final.
6. Prizes
(a) There is 1 Prize to be won.
(b) The total prize pool value for this Competition is AUD $355 (inclusive of GST) and consists of the following kit: products:
(i) a ‘Refresh Kit’, comprising a ‘Body Nutrition Lotion’ (145ml) and a ‘Wellness Wash’ (350ml), valued at a recommended retail price of AUD $68;
(ii) a ‘Good Night Kit’, comprising a ‘Good Night Balm’ (50ml) and an ‘Unwind Body Balm’ (200ml), valued at a recommended retail price of AUD $82;
(iii) a ‘Skinkind Kit’, comprising a ‘Mineral Water Cleanser’ (100ml), a ‘(F)A.C.E Serum’ (30ml) and a ‘Universal Face Lotion’ (60ml), valued at a recommended retail price of AUD $98;
(iv) a ‘Pause Kit’, comprising an ‘Urban Hand Salve’ (75ml) and a ‘Functional Fragrance Calm’ (9ml), valued at a recommended retail price of AUD $50;
(v) a ‘Lip Kit’, comprising a ‘Kissing Balm’ (16ml), valued at a recommended retail price of AUD $22; and
(vi) a ‘Snooze Kit’ comprising a ‘Good Night Balm’ (35ml), valued at a recommended retail price of AUD $35,
(collectively, the Prize).
(c) Prize values are based on the recommended retail prices in Australia on 23 September 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 5.1 (which communication notifies you that you have won) with your full name, postcode, mobile number and nominated Australian or New Zealand delivery address.
(b) The prize(s) 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 prizes 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(s).
(f) You must comply with all terms and conditions of use of the prize(s).
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 2pm AEDT on 29 November 2024.
8.2 Outcome
(a) The winner of a redraw will be notified at 2:30pm AEDT on 29 November 2024 by direct message on the Social Media Platform.
(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 29 November 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
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 Competition, other than to the extent caused by use; and
(b) 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) At all relevant times, you must comply with any terms imposed by the Social Media Platform provider, including the Terms and Conditions of Use at https://help.instagram.com/478745558852511.
(d) 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.
(e) The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 35-43 Wangaratta Street, Richmond, Victoria, 3121, Australia.
(f) 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.
14. Definitions
AEDT means Australian Eastern Daylight Time.
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 or other widespread or serious threat to human health (including an outbreak or recurrence), strike, a change in applicable law, government imposed shutdown or closure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
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) or the Privacy Act 2020 (NZ) (as applicable).
Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).
Terms Webpage means the webpage of the website at www.mecca.com where these Terms may be viewed, which can be found by:
(a) entering the following URL into an internet browser: https://www.mecca.com/en-au/terms-conditions/sales-promotions/ (if you are in Australia) or https://www.mecca.com/en-nz/terms-conditions/sales-promotions/ (if you are in New Zealand); and
(b) navigating to the ‘kit: Holiday Giveaway '24 competition: terms and conditions’ link, which will appear on the left-hand side of the webpage under the heading ‘Terms & Conditions for Sales, Promotions & Offers’.
kit: Valentines Day Giveaway competition: terms and conditions
1. Overview.
(a) This kit: Valentines Day 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 (Social Media Platform).
(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 10am Australian Eastern Daylight Time (AEDT) on 14 February 2025; and
(ii) ends at 10am AEDT on 21 February 2025
(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) At the commencement of the Promotion Period, there will be a post published about this Competition on the Social Media Platform at @kitskinkind (Post).
(c) To enter the Competition, you must, during the Promotion Period:
(i) follow @kitskinkind on the Social Media Platform; and
(ii) locate the Post; and
(iii) ‘like’ the Post; and
(iv) tag 2 people you would like to give a kiss in the comments section of the Post.
(d) You need an account on the Social Media Platform to enter the Competition.
(e) This Competition is in no way sponsored, endorsed or administered by, or associated with the Social Media Platform.
(f) Your profile settings on the Social Media Platform must be set to public. Any entry submitted using a private profile setting will be invalid.
(g) You may submit multiple entries, provided:
(i) each entry is unique; and
(ii) you are only entitled to win 1 prize.
(h) We will not accept entries submitted after the end of the Promotion Period.
(i) The time of each entry will be the time and date of your entry, as displayed on the Social Media Platform.
(j) 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.
(k) Incomplete, indecipherable or illegible entries will be invalid at our discretion.
(l) We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
(m) 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) The winners will be randomly drawn.
(b) We will conduct the draw at:
(i) 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
(ii) 12pm AEDT on 21 February 2025.
(c) 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. Outcomes
5.1 Notifying prize recipients
The winners will be notified at 12:30pm AEDT on 21 February 2025 by direct message on Social Media Platform.
5.2 Announcing prize recipients
The first initial, surname and, if required by relevant laws, postcode, of the winners and will be announced on the Terms Webpage on 21 February 2025.
5.3 General
(a) Entries and entrants' social media handles may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle.
(b) It is your responsibility to notify us in writing if your contact details change.
(c) Our draw is final.
6. Prizes
(a) There are 5 prizes to be won.
(b) Each prize consists of 3 x kit: Kissing Balm (15ml) valued at a recommended retail price of AUD $22 each (Prize).
(c) The total prize pool value for this Competition is AUD $330 (inclusive of GST).
(d) Prize values are based on the recommended retail prices in Australia on 3 February 2025. We accept no responsibility for any change in prize value on the date the prize is redeemed.
(e) 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 nominated Australian delivery address.
(b) The prize(s) must be claimed as offered within 7 days of the winners being notified of the outcome of the draw, subject to product availability.
(c) Any part of the prizes 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(s).
(f) You must comply with all terms and conditions of use of the prize(s).
8. Redraw
8.1 General
If a 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 10am AEDT on 28 February 2025.
8.2 Outcome
(a) The winner of a redraw will be notified at 10:30am AEDT on 28 February 2025 by direct message on the Social Media Platform.
(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 28 February 2025.
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
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 Competition, other than to the extent caused by use; and
(b) 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) At all relevant times, you must comply with any terms imposed by the Social Media Platform provider, including the Terms and Conditions of Use at https://help.instagram.com/478745558852511.
(d) 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.
(e) The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 35-43 Wangaratta Street, Richmond, Victoria, 3121, Australia.
(f) 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.
14. Definitions
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 or other widespread or serious threat to human health (including an outbreak or recurrence), strike, a change in applicable law, government imposed shutdown or closure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
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).
Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).
Terms Webpage means the webpage of the website at www.mecca.com.au where these Terms may be viewed, which can be found by:
(a) entering the following URL into an internet browser: www.mecca.com.au/website-terms-and-conditions.html; and
(b) navigating to the ‘kit: Valentines Day Giveaway competition: terms and conditions’ link, which will appear on the left-hand side of the webpage under the heading ‘Terms & Conditions’.
Elissa Guzzardielissa.guzzardi@gmail.com10 February 2025