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Promotion
MILKLAB x SxSW Merch Giveaway – October 2023
Promoter
Noumi Trading Pty Ltd (ABN 36 614 863 286) of 80 Box Road, Taren Point NSW 2229
Promotion Type
Game of chance
Promotion Period
7:00AM AEST on 18 October 2023 to 11:59PM AEST on 21 October 2023 (Promotional Period) The Promotional Period is subject to change at the Promoter’s discretion and all changes will be notified on the Promoter’s website: milklabco.com
Prize
There are ten (10) prize packs to be won. Each prize pack will include the following items:
•1 x MILKLAB x TCGco x LJMA t-shirt AUD$55 RRP
•1 x MILKLAB x TCGco x LJMA tote bag AUD$60 RRP
•1 x MILKLAB x TCGco x LJMA beanie AUD$50 RRP
Each prize pack is valued at AU$165 RRP. The total prize pool amount is AU$1650.
Entry Restrictions
The Promotion is only open to entrants within Australia. The entrants are residents of Australia and aged 18 and over. Office holders, management, employees, contractors, and immediate family members of the Promoter or the prize supplier (The Common Goods Co; Luke John Matthew Arnold), their associated companies/subsidiaries, retailers and agencies associated with this Promotion are ineligible to enter this Promotion.
“Employees” means any directors, management, employees, concessionaires, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment.
The Promoter is responsible for determining whether a person is eligible to enter in its absolute discretion.
How to Participate
To participate in the Promotion entrants must, between 7:00AM AEST on 18 October 2023 to 11:59PM AEST on 21 October 2023:
1.Post a photo at the MILKLAB X SXSW Sydney Pop up on Instagram.
2.Tag @milklabco and #MILKLABxSxSW.
Entrants can only enter the Promotion once. Multiple direct messages from a single account will not count as multiple entries.
Draws and Winner Notification
This promotion is a game of chance. Skill plays no part in determining the winners. The Promoter will randomly draw the prize winners.
There will be ten (10) winners. The winners will be randomly drawn by the Promoter at 8A Williamson Rd, Ingleburn NSW 2565 on 26 October 2023.
The winner will be notified via Direct Message from the MILKLAB Instagram account (@milklabco).
The Promoter’s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria applied by the Promoter in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.
Claiming Prizes
To claim the prize, the Winner must respond to the MILKLAB Instagram (@milklabco) Direct Message, with their full name and postal address within 5 business days of being notified they have won. PO Boxes will not be accepted.
If the Winner fails to respond to Noumi via email within 5 business days of notification of winning, they will be deemed ineligible, and a new entrant will be chosen by the Promoter at MILKLAB’s discretion.
GENERAL TERMS &CONDITIONS
1. The details above and the following clauses collectively form the terms and conditions of the Promotion (Terms and Conditions).
2. All dollar values are in [Australian dollar] currency.
3. Each entrant is responsible for ensuring their familiarity with these Terms and Conditions at the time of participation. Participation in this Promotion is deemed acceptance of these Terms and Conditions. Any updates to these Terms and Conditions will be published on the Promoter’s website at https://milklabco.com/aaronsorganics-wally-compIt is the entrant’s responsibility to check these Terms and Conditions for updates regularly. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
4. The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who participates. No correspondence will be entered into.
5. The Promotion is not valid in conjunction with any other offer.
6. The Promotion may be extended at the Promoter's absolute discretion.
7. Entrants can only participate in the Promotion in their own name. Entrants who enter using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be disqualified.
8. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility or breach of these Terms and Conditions after the Promoter has awarded a prize to the ineligible person. Payment of the prize value to the Promoter may be required by the Promoter if this occurs.
9. Incomplete, indecipherable or illegible entries will be deemed invalid. Entrants are responsible for ensuring their correct personal information and contact email address are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should an entrant fail to receive their prize because of a failure to notify the Promoter of correct details or of a change to their details, or for providing invalid information.
10. Entries are deemed to be received at the time of receipt into the Promoter's database, not the time of transmission by the entrant.
11. The Promoter does not warrant that the entry mechanism will be available, or the Participating Stores will be open or all Participating Products will be available at all times during the Promotion.
12. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Entrants must submit their entry manually using an internet browser.
13. The Promoter may, in its sole discretion, declare any entry or entrant invalid if the entrant:
(a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, the prize supplier, another entrant or potential entrant of, or anyone else associated with, this Promotion;
(b) submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or
(c) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
14. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including, without limitation, an entrant’s identity, age and place of residence). Errors and omissions may be accepted or rejected at the Promoter's absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
15. Entries must not contain any material which is, in the opinion of the Promoter, offensive, defamatory, inappropriate, obscene, unsuitable, infringing content, rude or otherwise objectionable. The Promoter reserves the right, in its sole discretion, to reject any entries which do not comply with these Terms and Conditions and will not provide any notification nor reasons for rejection. Entries that do not comply with these Terms and Conditions of entry will be deemed invalid and are not eligible to win.
16. If applicable, Entrants must retain their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for an entry when requested may, in the absolute discretion of the Promoter, result in invalidation of that entry and forfeiture of any right to a prize.
17. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, pandemic, unauthorized intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to any directions from any relevant authority.
18. It is a condition of accepting the prize that the entrant must comply with all the conditions of use of the prize and prize supplier's requirements (as applicable). The entrant may be required to (at the Promoter’s discretion) sign any legal documentation as and in the form required by the Promoter and/or prize supplier in their absolute discretion. The prize must be taken and used as stated and no compensation will be payable if an individual is unable to use the prize as stated.
19. The Promoter may communicate or advertise this Promotion via social medial platforms (Platforms) including, without limitation, Facebook and Instagram. However, the Promotion is in no way sponsored, endorsed or administered by, or associated with these Platforms. Entrants are providing their information to the Promoter and not to the Platforms. Each entrant completely releases the Platforms from any and all liability.
20. The prize is subject to availability, not transferable and not exchangeable for cash.
21. If a prize (or part of a prize) is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promotor accepts no other liability or responsibility for any loss incurred by an entrant or any other party if a price (or any part of a prize) is unavailable for any reason.
22. Entrants are advised that tax implications may arise from accepting the Prize and they should seek independent financial advice prior to acceptance of that Prize.
23. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
24. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry 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;
(d) any variation in gift value to that stated in these Terms and Conditions;
(e) the completeness, correctness or accuracy of any information provided for the purpose of or in connection with the Promotion;
(f) any tax liability/implications incurred by an entrant; or
(g) use of a Prize.
25. Any attempt to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.
26. The Promotor reserves the rights to:
(a) terminate, change or otherwise deal with the Promotion at any time it deems appropriate without prior notice and/or
(b) amend the terms of the Promotion if all or part of the Promotion and/or terms are or are likely to be considered a breach of any applicable laws or regulations in any of the countries in which the Promotion is run.
27. In participating in the Promotion and accepting the Prize, each winner agrees to participate and co-operate as required in all editorial and marketing activities relating to the Promotion, including, without limitation, being interviewed, photographed and video recorded (Material). Each winner agrees to granting the Promoter a perpetual, non-exclusive, non-revocable, and royalty-free licence to use such Material in all media worldwide, including, without limitation, online social networking sites, and the winner will not be entitled to any fee for such use.
DELIVERY
28. Winners should receive their Prize within 30 days from the end of the Promotional Period.
29. The Promoter will make reasonable efforts to deliver Prizes to the addresses provided by winners. The Promoter highly recommends a current residential street address be provided for ease of correspondence and delivery. The Promoter cannot guarantee that any Prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to winners.
30. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes that are damaged, stolen, misdirected or lost in transit.
PERSONAL INFORMATION
31. Participation in this Promotion is conditional on providing personal information. This includes names, emails, phone numbers and addresses. All information entrants provide will be used by the Promoter for the purpose of administering this Promotion and awarding the prizes. The Promoter may disclose entrants’ personal information to the prize supplier as well as the Promotor’s contractors and agents to assist in conducting this Promotion and as required, to regulatory authorities.
32. The Promoter will otherwise handle entrants’ personal information in accordance with its Privacy Policy which can be accessed at: Privacy Policy (noumi.com.au)
33. Entrants consent to the Promoter using their name, likeness, image and/or voice, along with the winning posted image, in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. All entries become the property of the Promoter.
34. Entrants’ details may be used for future promotional and/or marketing activities carried out by the Promoter. Entrants can request not to receive this information by contacting the Promoter or unsubscribing from email communications. The Promoter may continue to provide entrants with information for an indefinite period unless and until advised otherwise by the entrant.
35. Entrants may request access or to update your personal information or lodge a complaint to the Promotor’s Privacy Officer by sending an email to privacyofficer@noumi.com.au