Introduction
Vestrr (the “Sponsor”) is offering a Free Dress Hire Giveaway (the “Contest”) challenging entrants (“Entrants”) to tag a BFF (“Nominees”) and an event date (“Event Date”) to each receive a free dress hire (the “Grand Prize”) on their tagged Event Date by following the steps below (each an “Entry,” as further defined below in Section 3). There is no fee to enter and renting do not increase the odds of winning.
Submitting an Entry constitutes Entrant’s full and unconditional agreement to these Official Rules and Regulations and to the Sponsor’s decisions, which are final and binding in all matters related to the Contest.
1) Eligibility
a) Entrants must be residents of Australia at least eighteen (18) years of age or have parental consent and, tagged Nominees who are also residents of Australia at least eighteen (18) years of age or have parental consent.b) The following Entrants and Nominees are not eligible regardless of whether or not they meet the criteria set forth above:
(i) the Sponsor and any advertising agency, contractor or other organization involved with the design, production, promotion, execution, or distribution of the Sponsor’s business (collectively “Promotion Entities”); all employees, representatives and agents of such Promotion Entities; and all members of any such employee, representative or agent’s immediate family or household;
(ii) any individual involved with the design, production, promotion, execution, or distribution of the Contest and each member of any such individual’s immediate family or household;
c) For purposes hereof:
(i) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and
(ii) the members of an individual’s household include any other person who shares the same residence as such individual for at least three (3) months out of the year.
2) Program Entry Period
a) Entrants may enter an Entry between January 12, 2018 at 2:00 pm Australia Eastern Standard Time until otherwise communicated (the “Contest Entry Period”). The Sponsor’s computer is the official time-keeping device for this Contest.b) Any Entry entered following the Contest Entry Period shall be disqualified.
3) Entry Process
a) Beginning on January 12, 2018 at 2:00 pm Australia Eastern Standard Time, Entrants must take the steps below to complete an Entry:
(i) Like vestrrco on Facebook
(ii) Tag your BFF and let us know your event date in the comments section of such Instagram post. (You must be attending the event together)
(iii) All Entries must be completed no later than 11:59 pm Australian Eastern Standard Time every Sunday to be eligible for the weekly draw each Monday.
(iv) Entrants must follow all steps in order for an Entry to be considered.
(v) In the event of a dispute pertaining to this Contest, the authorized account holder of the Instagram account used to enter the Contest will be deemed to be the Entrant’s Representative. The “authorized account holder” is the natural person or legal entity assigned to such account. Entrants may be required to show proof of being the authorized account holder.
4) Entry Requirements
a) Language Requirements
All Application materials must be in English.
b) General Requirements
(i) An Entry must include a tag of the Nominee and the event date that you and the Nominee are attending.
(ii) An Entry may be rejected at the sole discretion of the Sponsor, if the Entry, either in part or in its entirety, is deemed to be obscene, defamatory, likely to incite violence or illegal activity, in violation of any third-party’s rights, or is otherwise deemed to be inappropriate.
(iii) Entrants may be required to provide additional information, and the Sponsor has the right to request additional information, to verify any aspect of the Entry. Failure by an Entrant to respond in a timely fashion or fully honor such a request may result in disqualification of the Entry.
(iv) Entrants can make multiple Entries but with different Nominees for each Entry. No mechanically reproduced Entries are allowed, and any use of robotic, automatic, programmed, or the like entry methods will void all such Entries by such methods.
(v) Entries that have not been selected as winners will be considered in the following week’s draw.
(vi) Entrant further represents, warrants and agrees that any use of the Entry by the Sponsor, and/or Judges (or any of their respective partners, subsidiaries and affiliates) as authorized by these Official Rules and Regulations, shall not:
infringe upon, misappropriate or otherwise violate any intellectual property right or proprietary right including, without limitation, any statutory or common law trademark, copyright or patent, nor any privacy rights, moral rights nor any other rights of any person or entity; or constitute or result in any misappropriation or other violation of any person’s publicity rights or right of privacy.
(vii) Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide an Entry to the Sponsor for the purposes of this Program does not place the Sponsor, Judges and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Entry, except as specifically provided in these Official Rules and Regulations.
(viii) The Sponsor shall have the right to reject an Entry upon notice to the Entrant for any reason deemed by the Sponsor to be in its Sponsor’s interest.
5) Selection of Participants
a) After the close of the Entry Period, the Entries will be evaluated by a qualified panel of impartial judges (the “Judges”) selected by the Sponsor. Such Entrants may be evaluated in one or more rounds of judging, and each round of judging may involve different Judges. The Judges will evaluate each Entry on the criteria identified below to select one Grand Prize winner (“Grand Prize Winner”). The Sponsor reserves the right to substitute or modify the judging panel at any time for any reason.b) All Judges shall be and remain fair and impartial. Any Judge may recuse him or herself from judging an Entry if the Judge or the Sponsor considers that it is inappropriate, for any reason, for the Judge to evaluate a specific Entry or group of Entries. This includes, but is not limited to, cases where a Judge has a material business relationship or affiliation with an Entrant or Nominee.c) Judges will determine the Winners using the following two criteria (the “Judging Criteria”) as conveyed in each Entry:
Passion and conviction for the Sponsor’s business and products; and
Deservedness of the Nominee to receive the Grand Prize.
g) An applicant’s likelihood of winning will depend primarily on the number and quality of Entries, as determined by the Judges using the criteria in these Official Rules and Regulations.
6) Selection of Winners
a) The Sponsor will notify the Winners every Monday before end of business Australia Eastern Standard Time by tagging the Winners’ Instagram accounts (the accounts used to post the winning Entries) on an Instagram post from the Sponsor’s account (@vestrr_). The Sponsor will also send a direct message to each Winner via Instagram (such direct message to be sent to the accounts used to post the winning Entries).
7) Verification of Winners and Nominees
a) ALL POTENTIAL WINNERS AND NOMINEES ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE APPLICATION BY THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROGRAM. Winners must respond to Sponsor’s direct message on Instagram and provide a valid email address for each of Winner and, at Sponsor’s request, Nominee, to Sponsor for further communication. Potential Winners and Nominees must continue to comply with all terms and conditions of these Official Rules and Regulations throughout the Contest.
b) In order to receive the Grand Prize, the potential Winner and/or Nominees will be required to make payment for a pre-authorisation of 1 per cent (1%) of the value of the selected Grand Prize that is refundable once the Grand Prize is returned.
c) At the sole discretion of the Sponsor, a potential Winner or Nominee will be deemed ineligible to participate in the Program if:
(i) the potential Winner or Nominee cannot be contacted within seven (7) business days, or is contacted and declines to participate; or
(iv) the Entry or the potential Winner or Nominee is disqualified for any other reason.
8) Tax on Prizes; Substitution
a) Winners and/or Nominees will be responsible for any applicable federal, state, and local taxes associated with the Prizes.b) Sponsor reserves the right to substitute a Prize, in whole or in part, of equal or greater monetary value, if a Prize cannot be awarded, in whole or in part, as described for any reason.
9 Entry Conditions and Release
a) By entering, each Entrant agrees to:
(i) comply with and be bound by these Official Rules and Regulations and the decisions of the Sponsor, and/or the Judges which are binding and final in all matters relating to this Program;
(ii) release, indemnify, defend and hold harmless the Sponsor, Judges, and any respective parent, subsidiary, and affiliated companies, and any other organizations responsible for sponsoring, funding, fulfilling, administering, advertising or promoting the Contest, including Alin & Mhoang Pty Ltd trading as Vestrr. and all of its respective affiliates, subsidiaries, past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Entry, participation in the Contest, acceptance or use or misuse of a Prize, and/or the broadcast, transmission, performance, exploitation or use of an Entry as authorized or licensed by these Official Rules and Regulations.
b) Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by the Sponsor’s or an Entrant’s electronic error or by any of the equipment or programming associated with or utilized in the Entry;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of Instagram;
(iii) unauthorized human intervention in any part of the entry process or the Contest;
(iv) technical or human error which may occur in the administration of the Contest or the processing of Entries; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Entrant’s participation in the Contest or receipt or use or misuse of any Prize.
If for any reason any Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant’s sole remedy is to request the opportunity to resubmit its Entry, which request will be determined at the sole discretion of the Sponsor if the Contest Entry Period is still open.
10) Publicity
Participation in the Contest constitutes an Entrant’s consent to Sponsor’s and its agents’ use of the Entrant’s name and description, including his or her Entry, and the likeness, photograph, voice, opinions, comments and/or hometown and state of residence of the Entrant, Nominee, and any others tagged, pictured, or otherwise mentioned in an Entry, for promotional purposes in any media, worldwide, without further payment or consideration, at any time during and following the conclusion of the Contest.
11) General Conditions
a) Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failure or any other unanticipated factor or factor beyond Sponsor’s control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant it finds to be tampering with the Contest, specifically including but not limited to the entry process (for example, by using the aid of computer software programs to auto-fill entries) or the operation of the Contest or to be acting in violation of these Official Rules and Regulations or in a manner that is inappropriate, not in the best interests of this Program, or a violation of any applicable law or regulation.b) Any attempt by any person to undermine the proper conduct of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to take proper legal action, including, without limitation, referral to law enforcement, for any illegal or unlawful activities.c) The Sponsor’s failure to enforce any term of these Official Rules and Regulations shall not constitute a waiver of that provision. The Sponsor is not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Entries or for address or email address changes of an Applicant. Proof of sending or submitting will not be deemed to be proof of receipt by the Sponsor.d) In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and Regulations and disclosures or other statements contained in any Contest materials, including but not limited the Sponsor’s blog page, advertising (including but not limited to print or online ads), the terms and conditions of the Official Rules and Regulations shall prevail.e) The Sponsor reserves the right, without liability, to amend the terms and conditions of the Official Rules and Regulations at any time, including the rights or obligations of the Entrant or the Sponsor. The Sponsor will post the terms and conditions of any amended Official Rules and Regulations on the Program Website. Any amendment will become effective at the time the Sponsor posts the amended Official Rules and Regulations.f) All intellectual property related to this Contest, including but not limited to trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.g) Should any provision of these Official Rules and Regulations be or become illegal or unenforceable in the jurisdiction of a permitted entrant, such illegality or unenforceability shall leave the remainder of these Official Rules and Regulations unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
12) Limitations of Liability
By entering, all Entrants agree to be bound by the Official Rules and Regulations and hereby release the Released Parties from any and all liability in connection with the Entrant’s participation in the Contest, provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.
13) Disputes
a) Applicants agree that:
(i) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action;
(ii) any and all disputes, claims and causes of action arising out of or connected with this Program, shall be resolved exclusively by the Magistrates Court of Victoria or the appropriate Victoria Court; and
(iii) under no circumstances will Entrants be entitled to, and Entrants hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased;
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
b) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Regulations, or the rights and obligations of the Entrants or the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Victoria, without giving effect to any choice of law or conflict of law rules (whether Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Victoria.
14) Privacy
Any personal information collected from Entrants, including without limitation Entrant and Nominee email addresses, when entering the Program is subject to the Sponsor’s privacy policy located at https://vestrr.com.au/pages/privacy-policy .
15) Announcement of Winners
To see the Winners, visit the Sponsor’s Instagram account (@vestrr_) every Monday before end of business Australia Eastern Standard Time.
16) Contact Us
If you have any questions or wish to send us any notice regarding this Contest, please email us at hello@vestrr.com