QUAY AUSTRALIA X TIGERMIST SWEEPSTAKES OFFICIAL RULES
The following promotion is intended for viewing in the 50 United States and D.C. only and is construed and evaluated according to California law. Do not enter this Promotion if you are not a legal resident of, and located in, the 50 United States or D.C. at the time of entry.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in QUAY AUSTRALIA X TIGERMIST SWEEPSTAKES (the “Promotion”), each entrant (or his or her parent or legal guardian if the entrant is under the age of majority in his or her state of residence) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Quay Eyeware PTY LTD (“Sponsor”), which are final and binding in all respects. Sponsor is responsible for the collection and selection entries and the Promotion’s overall administration. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion.
- ELIGIBILITY: QUAY AUSTRALIA X TIGERMIST SWEEPSTAKES (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia who are at 18 years of age or older. Entrants under the legal age of majority in their state of residence must have permission to enter the Promotion from their parent or guardian. Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, and agencies and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter or win. Void in all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.
- TIMING: The Promotion begins 11 November 2018 at 1pm PT and ends on 14 November 2018 at 4:59am PT (the “Promotion Period”).
- HOW TO ENTER: [Online: To enter online, visit instagram.com/quayaustralia and www.instagram.com/tigermist between 11 November 2018 at 1pm PT and 14 November 2018 at 4:59am PT, and follow each account by clicking the blue ‘follow’ button at the top of the page. Then find the post(s) that mentions the QUAY and TIGERMIST giveaway on either or both accounts, like the post, and comment with the name of one friend. To be valid, entries must be received no later than 14 November 2018 at 4:59am PT. [Mail: To enter via mail, send in a postcard with your full name, address, date of birth, and email address to “QUAY AUSTRALIA X TIGERMIST SWEEPSTAKES” Attn: Quay Eyeware, Marketing Dept, 821 Howard Street, 2nd Flr, San Francisco, CA 94103. Mail-in entries must be postmarked by 14 November 2018 and received by Sponsor no later than 15 November 2018
- ENTRY CONDITIONS: Limit 2 entries per person per giveaway post. The authorized account holder of the email address used to enter the Promotion is deemed to be the entrant. The “authorized account holder” is the natural person assigned to an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
- PRIZE: One grand prize winner will receive $500USD worth of Quay Australia product + a gift voucher worth $500USD that can be redeemed exclusively at tigermist.com. Prize fulfillment is based on availability. Please allow 4-6 weeks for prize delivery from the time a winner provides delivery information to Sponsor. Taxes on prize, if any, are solely the responsibility of the winner. Winners of a prize valued at $600 or more will receive a Federal Tax Form 1099. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion, unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Prizes are non-transferable. Sponsor need not substitute a prize based on the winner’s request.
- ODDS OF WINNING: The odds of winning depend on the total number of eligible entries received.
- WINNER SELECTION: One (1) potential winning entrants will be selected by random drawing on or about 15 November 2018. Potential winning entrants will be contacted via Instagram direct message. If a potential winning entrant is determined by Sponsor to be unqualified to participate in this Promotion or does not respond to Sponsor’s correspondence within 72 hours, the potential winning entrant will be disqualified and a new potential winning entrant will be selected by random drawing.
- REQUIRED DOCUMENTATION: The potential winning entrant may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in the notification correspondence. Any entrant who fails or refuses to sign and return the required documentation within the time period as specified by Sponsor will be disqualified. If a potential winning entrant is considered a minor in the legal jurisdiction in which the entrant resides, then that entrant’s parent or legal guardian may be required to execute and return the Affidavit. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an entrant (using the contact information provided in his or her registration) within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of the prize.
- PUBLICITY: Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s and its agents’ use of the entrant’s name, likeness, photograph, voice, opinions, hometown, state and any other information submitted to Sponsor by entrant for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
- GENERAL CONDITIONS: Potential winning entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Promotion will be void. Sponsor has the sole discretion to modify, cancel or suspend this Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion or Sponsor otherwise becomes incapable of running the Promotion as planned. Sponsor is not responsible for changes to entrant’s contact information. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any entrant who tampers with the entry process. Sponsor has the sole discretion to disqualify entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is deemed detrimental or unfair to Sponsor, the Promotion or any other entrant. Sponsor has no obligation to return any entry consideration, if applicable, submitted by a disqualified entrant.
- RELEASE: As a condition of participating in the Promotion, entrants release the Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
- LIMITATION OF LIABILITY: The Promotion Entities are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely entries that may limit entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to entrant's or any other person's computer relating to participation or inability to participate in the Promotion; inability to access the Site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the Site) or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the Site is not considered proof of delivery or receipt. Illegible, duplicate and incomplete entries will be disqualified. False, fraudulent, or deceptive entries or acts, as determined by Sponsor, render entrants ineligible and all associated entries will be void.
- GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of any other state’s laws. Entrants hereby submit to the exclusive jurisdiction and venue of the Federal and State Courts in San Francisco, California for the purposes of any suit related to the Promotion and waive any claim that they are not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
- WINNER LIST: To obtain a winner list by mail, send a stamped, self-addressed envelope to “QUAY AUSTRALIA X TIGERMIST SWEEPSTAKES”, Attn: Quay Eyeware PTY LTD, Marketing Dept, 821 Howard Street, 2nd Floor, San Francisco, CA 94103, . Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received by 2 weeks after prizes are anticipated to be awarded.
- SPONSOR: Quay Eyeware PTY LTD, 821 Howard Street, 2nd Floor, San Francisco, CA 94103.
QUAY AUSTRALIA & TIGERMIST GIVEAWAY
Terms and Conditions
By entering the “Quay & Tigermist Giveaway”, you are agreeing to the following terms and conditions:
- STANDARD CONDITIONS
1.1. Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry.
- ELIGIBILITY – WHO CAN ENTER?
2.1. Entry is limited to residents of Australia with a current Instagram account and who follow the entry instructions in these conditions.
2.2. Entrants under 18 years old must have permission to enter the Promotion from their parent or guardian.
2.3. Employees and immediate families of the Promoter and suppliers, providers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- HOW TO ENTER
3.1. The promotion commences 12th November, 2018 at 8:00am AEDT and concludes 14th November, 2018 at 11:59pm AEDT (“the Promotional Period”).
3.2. The winner will be drawn on 15th November 2018 at 12:00pm AEDT.
3.3. To enter the Promotion, the entrant must:
3.3.1. Follow @QuayAustralia (https://www.instagram.com/quayaustralia) and @Tigermist (https://www.instagram.com/tigermist/) on Instagram.
3.3.2. Find the post announcing the “Quay & Tigermist Giveaway” and tag a friend.
3.4. This competition is a game of chance.
3.5. Entry is limited to 1 entry per person. The authorised account holder of the email address associated with the Instagram account used to enter the Promotion is deemed to be the entrant. The “authorised account holder” is the natural person assigned to an email address by an internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorised account holder.
3.6. The Promoter, its agents, affiliates or representatives will not be liable for any lost, late or misdirected entries.
- HOW TO WIN
4.1. Each entrant who has entered the competition over the Promotional Period and registered their details in accordance with clauses 2 and 3 will automatically go into the draw for the chance to win.
4.2. The winning entrant will be contacted via Instagram (with a request for further contact details such as address and telephone number) following the draw (within 24 hours).
4.3. Entrants can only enter in their own name. The Promoter, reserves the right to request proof of residency at the stated address and identification for verification (to the Promoter's satisfaction in its discretion) before issuing the prize. Incomplete or incomprehensible entries will be deemed invalid. The Promoter's decision to disqualify an entry is final and no correspondence will be entered into. No responsibility will be taken for lost, late or misdirected entries.
4.4. One entrant will be selected by random drawing on 15 November, 2018 at 12:00pm AEDT.
4.5. Draw details: The competition draw will take place on the 15 November 2018 at 2/11 York Street, Sydney, NSW 2000. The prize winner will be the first valid entry drawn at random.
4.6. Winner will be announced by 15 November 2018 12:30pm AEDT and will be published on Instagram and https://www.quayaustralia.com.au/pages/quay-tigermist-competition
5. UNCLAIMED PRIZES
5.1. In the event that the prize winner is unable to be contacted successfully or does not reply to the prize notification email, the Prize will be forfeited and an alternate winner will be selected from all remaining (non-winning) eligible entries.
5.2. If the prize remains unclaimed by 13 February 2019 (90 days from original draw date) the original winner forfeits the prize and will be advised in writing. In this event, the Promoter will conduct a second chance draw on 15 February 2019 at 12:00pm AEST and award the unclaimed prize to the first drawn entry.
5.3. The winner of the second chance draw will be contacted via email (with a request for further contact details such as address and telephone number) following the draw (within 24 hours).
5.4. Draw details: The competition draw will take place on the 15 February 2019 at 2/11 York Street, Sydney, NSW 2000. The prize winner will be the first valid entry drawn at random.
5.5. Winners of the unclaimed prize draw will be announced on 15 February 2019 at 12:30pm AEST and will be published at https://www.quayaustralia.com.au/pages/quay-tigermist-competition
6.1. There will be one (1) winner in total.
6.2. Total prize pool value is RRP AUD $1,000.
6.3. The winner will receive one gift voucher code for AUD $500 RRP that can be redeemed exclusively from quayaustralia.com.au. This gift voucher will expire after three months.
6.4. The winner will receive one gift voucher code for AUD $500 RRP that can be redeemed exclusively from tigermist.com.au. This gift voucher will expire after three months.
6.5. Prize values are based on the recommended retail prices as at 30 October 2018. The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. If, for any reason, any of the specified prizes (or any part of them) are unavailable or out of stock, the Promoter reserves the right to replace them with something of similar value and/or specification.
6.6. Taxes on the prize, if any, are solely the responsibility of the winner. Entrants should consult a tax advisor within their home jurisdiction should they have further questions.
6.7. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
7.1. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, 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 this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
7.2. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or downloading any materials in this promotion.
8.1. All entries and any copyright subsisting in the entries become and remain the property of the Promoter.
8.2. Each entrant agrees, that the Promoters or its agents may do the following:
a) transfer personal information confidentially to the Promoters or other organisations that provide services in relation to this promotion;
b) disclose personal information to State and Territory lottery departments and/or;
c) publish the winners’ names as required under applicable law.
8.3. In accepting the Prize, the Winner agrees to participate and co-operate as required in all marketing activities relating to the promotion, including but not limited to being interviewed and photographed. The winner grants the Promoters a perpetual and non-exclusive license to use such footage and photographs in all media worldwide and the winner will not be entitled to any fee for such use.
9. THE PROMOTER
9.1. The Promoter is Quay Eyeware Pty Ltd, 1/40-44 Cook Street, Port Melbourne VIC 3207 AUSTRALIA. ABN 74 118 078 274.
9.2. This competition is in no way sponsored, endorsed or administered by, or associated with, Instagram. Eligible persons understand that they are providing their information to the Promoter and not to Instagram. The information an Eligible Person provides will only be used for the purposes outlined in these Conditions. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Instagram.
Authorised under NSW Permit No. LTPS/18/29484