Hotel Pink Competition – Terms & Conditions

“Hotel Pink Competition” PROMOTION Terms and Conditions

  1. Information on how to enter and prizes form part of these Terms and Conditions.
  2. By participating in the promotion, entrants acknowledge that they have read and understood these Terms and Conditions; and agree to be bound by them. Entries must be submitted in accordance with these Terms and Conditions to be valid.
  3. The promotion commences on [07/05/2018] at [12:00] am Australian Eastern Standard Time (AEST) and entries close on [04/06/2018] at [12:00] pm AEST (Promotional Period).
  4. The promotion is only open to “Eligible Entrants”. Subject to these Terms and Conditions, an Eligible Entrant is a person who is(a)over 16 years or older at the time of entry; (b) has obtained permission to enter this promotion from a parent/ legal guardian if under 18 years of age at the time of entry(c) submits their entry into this promotion in accordance with these Terms and Conditions.
  5. Employees, managers and directors of the Promoter and its related companies and suppliers and agencies involved in this promotion are not Eligible Entrants, nor are their immediate families.
  6. To enter the promotion, an entrant must during the Promotional Period: Register for frank body’s loyalty program, Hotel Pink, and purchase any frank product. They will also need to confirm their account by checking a confirmation email in their inbox.
  7. If an entrant’s contact details change during the Promotional Period, it is the entrant’s responsibility to notify the Promoter in writing.
  8. All entries become the property of the Promoter.
  9. The winner of the draw will be the entrant who is selected at random.
  10. Total prize pool valued at $5,000
  11. The winner will be notified by email (unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8) by and will have their names published on instagram (@frank_bod) / facebook (frank skin care)
  12. Prize includes return flights to Honololu Airport, 4 nights accommodation at The Royal Hawaiian or equivalent hotel and $1000AUD.
  13. Flights must not exceed $2,500 per person return.
  14. Travel to and from the event, meals, drinks, transfers, additional spending money, travel/health insurance and any and all other incidental and/or ancillary costs) are the sole responsibility of the winner.
  15. The prize is subject to the terms and conditions of “the prize suppliers”. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as the result of the conduct of “the prize suppliers”.

L\312327155.1 1

  1. If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent/legal guardian on the winner’s behalf. During the entire duration of the prize, a nominated parent/legal guardian must accompany the winner as his or her companion.
  2. Before the prize is awarded, the winners and their companions (or parent/ legal guardian if aged under 18 years may be required to sign a release and indemnity agreement, the terms of which will be determined by the Promoter in its absolute discretion. Failure to sign the release and indemnity agreement will result in forfeiture of the prize.
  3. The Promoter will use all reasonable efforts to contact an entrant selected as winner, but accepts no responsibility if an entrant cannot be contacted.If necessary in order to distribute any prize which is not claimed, a second chance draw will be conducted on 01/07/2018 , in the same manner as the original draw, subject to any written directions given by any relevant regulatory authority. Winning entries from the original draw will not be eligible to win unclaimed prizes. The winner will be notified by email unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8) by 30/5/2018 and will have their names published on instagram (@frank_bod) / facebook (frank skin care)
  4. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated. The Promoter reserves the right to substitute the prizes in whole or in part for something of equal or greater value in the event that any component of the prize is unavailable (subject to any applicable legislation). Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product. The prize cannot be sold to any other person (including by online auction or private sale). Unused portions of prizes will be forfeited and no compensation will be payable in lieu of that element of the prize.
  5. Prizes will be sent by post from the Promoter’s head office to the address stated on the entry form (unless the entrant has notified the Promoter of a change to their contact details in accordance with clause 8). Winners should allow 28 days from the prize draw for delivery of their prize. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or list in transit.
  6. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non–Excludable Guarantees”). Except for any liability that cannot by law be excluded, including pursuant to the Non–Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person’s negligence) arising in any way out of or in connection with (a) this promotion; (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (c) any theft, unauthorised access or third party interference; (d) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any variation in prize value to that stated in these Terms and Conditions; (f) if any event included in the prize is cancelled or rescheduled for any reason beyond the reasonable control of the Promoter; (g) any tax liability incurred by a winner or entrant; or (h) taking and redemption of any prize.
  7. The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify: (a) any entrants or entries that tamper with, or attempt to tamper with the entry process; (b) incomplete, indecipherable or illegible entries

L\312327155.1 2