Terms and Conditions of Maxwell & Williams: Shibori Mug Competition May-June 2016

Terms and Conditions of Maxwell & Williams: Elemental Competition September - October 2016 


For your chance to win your own Elemental Platter sets and board, tell us how you would use each one and why. 

Promoter: H.A.G. Import Corporation (Australia) Pty Ltd. (ABN 99 197 250 028) of 11-27 Millers Road, Brooklyn VIC 3012.


The promotion commences at 5pm Thursday 29th September 2016 and closes 5pm Thursday 6th October 2016 ("Promotional Period”).

1. Information on how to enter & prizes form part of these Terms & Conditions. Any entry not complying with these Terms & Conditions is invalid. Entry into the Promotion is deemed to be an acceptance of these Terms & Conditions. Each entrant is only allowed 1 Entry per email address and this Entry must comply with these Terms & Conditions.  

2. Entry is open to residents of Australia who are 18 years of age and over (“Entrants”). Directors, management and employees of the Promoter and its related companies are not eligible to enter this promotion. 

3. By entering the promotion, Entrants allow the Promoter to use content submitted by Entrants as part of the promotion to promote the  promotion, Promoter and the Maxwell & Williams brand on Facebook, Instagram and Promotional Website. Full terms and conditions of Instagram can be found here: http://instagram.com/about/legal/terms/ and full terms and conditions of Facebook can be found here: http://www.facebook.com/terms.php.

4. This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram or Facebook. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments, or complaints about this promotion must be directed to the Promoter and not to Instagram or Facebook.

5. To enter, Entrants must, during the Promotional Period:

a. Click the link on Facebook or head to maxwellandwilliams.com.au/social (“Promotional Website”);
b. follow the prompts in the manner required to submit their response to the following task:
submit their answer to: 
for your chance to win your own Elemental Platter sets and board, tell us how you would use each one and why.
c. tick the Terms and Conditions and Privacy Policy checkbox.

 (together, an Entry).

6. Once an Entry has been accepted by the Promoter as a valid Entry, the Entry may be featured on the Promotional Website and Promoter’s Facebook and Instagram profiles and will be subject to a judging process. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Once the Promotional Period has ended, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).

7. Without limiting any of the provisions of these Terms & Conditions, the Promoter requires that each Entry fully complies with these Terms & Conditions and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (excluding the Promoter), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion. 

8. An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their Entry in the manner required if the Promoter considers the content submitted by the Entrant to be ineligible to be accepted as an eligible Entry (“Resubmitted Entry”). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as an eligible Entry, is in the Promoter's sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as an eligible Entry, the Resubmitted Entry will be deemed to be an Entry for the Entrant. If a Resubmitted Entry is rejected by the Promoter, or is not received by the Promoter during the Promotional Period, the Entrant will not have gained an Entry into the promotion.

9. Entries and Resubmitted Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries or Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries or Resubmitted Entries.

10. Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used. 

11. This is a game of skill. Chance plays no part in determining the winners. The Promoter will judge each Entry individually based on creative merit. The Promoter’s decision as to the winning Entries and in relation to any aspect of the promotion more generally will be final and binding on every Entrant. No correspondence will be entered into.

12. All valid Entries will be judged by a panel of appropriately qualified judges by Friday 7th October 2016, to determine in their sole discretion, winner. The Promoter will notify the winner in writing via email within 48 hours of judging, to the phone number and/or the email account submitted with the Entry. Prizes will be distributed within 28 days of the promotion closing.

13. The entry judged to be the best from all eligible Entries received during the Promotional Period will each win One (1) MW Elemental Square Platter Set of 3 valued at $39.95, One (1) MW Elemental Rectangle Bowl Set of 3 valued at $39.95, One (1) MW Elemental Rectangle Platter Set of 3 valued at $39.95, One (1) MW Elemental Ash Paddle Board Round 43x33x2cm valued at $59.95

14. The Promoter reserves the right to verify the validity of Entries and reserves the right to disqualify any Entrant for tampering with the entry process or for submitting an Entry that is not in accordance with these Terms & Conditions. Contact details entered incorrectly on the Promotional Website by an Entrant will deem an Entry invalid. All claims will be subject to the Promoter’s validation and verification checks. The Promoter’s decision is final and no correspondence will be entered into.

15. The Promoter reserves the right to select a replacement Entrant judged to have submitted the next best Entry to become a winner in place of the original Entrant in the event of an Entrant being unable to satisfy these promotion conditions, forfeiting or not claiming a prize within 28 days after the promotion close date. Any replacement winners selected under this condition (if any) will be notified in writing via email address and/or verbally via a telephone number submitted when entering the promotion.

16. The total maximum prize pool value is $179.80 (RRP). Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as described and no compensation will be payable if the winner is unable to use the prize as described. Prizes exclude any associated costs.  

17. Prize values are correct at time of printing. The Promoter accepts no responsibility for any variation in the value of any prizes.

18. Any tax liability arising as a result of accepting any prize is the responsibility of the winner. Independent financial advice should be sought.

19. In the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure it within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value.

20. It is a condition of accepting and participating in a prize that the winner may be required to sign legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.

21. As a condition of entering this promotion, an Entrant, in the even they are a winner, consents to the Promoter using the Entrant's entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees, in the event they are a winner, that the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.

22. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.

23. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

24. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms & Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

25. If for any reason this promotion is not capable of running as planned (whether caused by infection by computer virus, line dropout, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the promotion), the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the promotion. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude 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 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;
d) any variation in prize value to that stated in these Terms and Conditions;
e) any tax liability incurred by a winner or Entrant; or
f) use of a prize.

26. An Entry and any copyright subsisting in an Entry irrevocably becomes, at the time of Entry, the property of the Promoter. The Promoter will provide to each Entrant, at time of Entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth). The collection statement can be obtained at: http://www.maxwellandwilliams.com.au/privacy-policy.

27. The Promoter collects Personal Information about an Entrant in order to conduct the promotion and, where appropriate, award the prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the Promotion and is deemed ineligible. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at: privacy@hag.com.au. All Personal Information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at: http://www.maxwellandwilliams.com.au/privacy-policy.

28. By entering the Promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.

29. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

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