Onesies Giveaway Terms and Conditions
Onesie Giveaway 2024
Schedule
| Promotion |
Onesie Giveaway 2024 |
| Promoter |
Davie Group Trading (Australia) Pty Ltd ABN 41 646 762 745 39 Orsmond Street, Hindmarsh, South Australia 5007, Australia |
| Promotional Period |
Start Date: |
| Prizes |
The Prize is twelve (12) Oodie products, which may be claimed by the Winner each month. Each month, the Promoter will get in touch with the Winner and inform them of the applicable prize for that month, in accordance with the value limits set out below.
⦁ 3rd Monthly Prize: approximate value of [$100] ⦁ 4th Monthly Prize: approximate value of [$100] ⦁ 5th Monthly Prize: approximate value of [$100] ⦁ 6th Monthly Prize: approximate value of [$100] ⦁ 7th Monthly Prize: approximate value of [$100] ⦁ 8th Monthly Prize: approximate value of [$100] ⦁ 9th Monthly Prize: approximate value of [$100] ⦁ 10th Monthly Prize: approximate value of [$100] ⦁ 11th Monthly Prize: approximate value of [$100] ⦁ 12th Monthly Prize: approximate value of [$100]
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| Total Prize Pool |
[$1200] |
| Relevant States |
All Australian States and Territories |
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| Entrants |
Entry is open to residents of the Relevant States aged eighteen (18) years or over (Entrants). Employees (as well as their immediate family members) of the Promoter, retailers, suppliers and associated companies and agencies are not eligible to enter in the Promotion. |
| Entry Procedure |
Visit the promotions page at https://theoodie.com/ (Site), complete the entry form, agree to the Terms & Conditions and click submit. Entrants must enter the Promotion in their own name and will be required to provide all mandatory information, including the Entrant’s full name, residential address, age, email address and contact telephone number. |
| Maximum Number of Entries |
Limit of one entry per person] |
| Draw Details |
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| Notification of Winners |
Winners will be notified via email no later than 3rd June 2024. |
| Redemption Date |
No later than 11th June 2024 |
| Unclaimed Prize Redraw |
Redraw Date: [11th June 2024] |
| Notification of Unclaimed Prize Redraw Winners |
Unclaimed prize winners will be notified via email no later than [12th June 2024]. |
| Privacy Policy |
https://theoodie.com/policies/privacy-policy |
Terms & Conditions
- The Schedule and these Terms and Conditions govern the Entrant’s participation in the Promotion. Participation in the Promotion is deemed acceptance of these Terms & Conditions.
- To enter the Promotion, Entrants must complete the Entry Procedure during the Promotional Period.
- Entrants may enter the Promotion up to the Maximum Number of Entries.
- The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
- Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms & Conditions or any other content guidelines notified by the Promoter.
- The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant.
Prize Draw
- The draw to determine the winner (Winner) for the Promotion will be conducted in accordance with the Draw Details. Where more than one Prize is available, each Winner may only win one Prize.
- Where the Prize (as described in the Schedule) consists of multiple items or Prizes which are each separately redeemable by a Winner, the first such item or Prize will be drawn on the Draw Date and each subsequent item or Prize will be drawn on the Subsequent Draw Dates in accordance with the Draw Details.
- The Winner will be notified as specified in the Schedule.
- The Winner’s full name and city of origin will be published in a national newspaper, and/or on the Site, or on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram, within 30 days of the Draw Date. It is a condition of entry into the Promotion that the Winner consents to the publication of such information and participates in any media releases which may include photographs of the Winner by the Promoter. By entering into this Promotion, Entrants consent to the use of their names and likenesses in this manner.
- Entrants are responsible for all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Site).
- As the Promotion is a game of chance, and subject otherwise to these Terms & Conditions, skill plays no part in determining the Winner and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The Winner will be confirmed by the Promoter.
- The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
- If a Winner’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.
Prizes
- The Prize(s) are specified in the Schedule. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH.
- If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter reserves the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
- (Cash) Where cash is awarded as a Prize, the Prize will be awarded in the form of a bank cheque, via PayPal transfer (fees may apply and are the responsibility of the Winner) or electronic funds transfer to the Winner’s nominated bank account, at the Promoter’s election.
- (The Oodie Store Credit) Where any part of the Prize includes an Oodie store credit (Store Credit), these store credits are redeemable only on the Oodie website. Use of the Store Credit is subject to the Promoters terms and conditions, available here https://theoodie.com/policies/terms-of-service. The Prize is not redeemable for cash. The Store Credit is valid until the date stated on the Store Credit itself.
- ⦁ (Gift Card) Where any part of the Prize is a Gift Card the gift card is redeemable only with the issuing retail partner (Retail Partner). Use of the Gift Card is subject to the Retail Partner’s terms and conditions. The Promoter is not a party to any transaction entered into between the Entrant and Retail Partner through which the Entrant uses the Gift Card and the Promoter has no control over the conduct of any Retail Partner. For the avoidance of doubt, the cancellation, exchange, variation or refund of any goods and/or services that are the subject of the Gift Card is strictly a matter between Entrant and Retail Partner. The Prize is not redeemable for cash. The Gift Card is valid until the date stated on the Gift Card itself.
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Claiming Prizes
- The Prize(s) must be claimed by the Redemption Date in accordance with any claim instructions set out in the Schedule, or it will be deemed forfeited by the Entrant. The Promoter may require the Winner(s) to provide relevant evidence in order to claim the Prize, such as proof of identity, age, and any relevant proof of purchase.
- If any Prize remains unclaimed, a second draw or selection for the Prize will take place in accordance with the Schedule, specifically the Unclaimed Prize Redraw, subject to any directions from a regulatory authority. The alternative Winner, if any, will be notified in accordance with the Schedule, specifically Notification of Unclaimed Prize Redraw Winners.
- The Promoter will deliver the Prize in accordance with the Schedule. Should circumstances outside the Promoter’s control occur, which cause a delay in delivery of the Prize, the Promoter will not be liable.
General
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Personal information: The Promoter collects personal information from all Entrants in order to conduct the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Please see the Promoter’s Privacy Policy (linked in the Schedule) and any privacy collection notice provided, for more information about how the Promoter handles your personal information. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause 8 and the Promoter’s Privacy Policy.
- Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory legislation (Non-Excludable Guarantees).
- Consequential Loss: Despite anything to the contrary, but subject to the Non-Excludable Guarantees, neither party will be liable under these Terms & Conditions for any consequential, special or indirect loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Liability: A party’s liability for any liability in relation to these Terms and Conditions will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to take reasonable steps to mitigate its loss.
- Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
- Online entries: If a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The Promoter may ask any Entrant to provide the Promoter with proof that they are the authorised account holder of the email address associated with the entry.
- Legal Warning: Any attempt to cause malicious damage or interference with the normal functioning of the Site or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and the Promoter reserves the right to seek damages to the fullest extent permitted by law.
- Social Media: The use of social media is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases the applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
- Currency: Unless expressly stated otherwise, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- Amendments: If for any reason any aspect of this Promotion is not capable of running as planned, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
- Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.
- Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter cannot be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
- Intellectual property rights: All intellectual property rights in the entries vest in the Promoter upon submission of the relevant entry. Where the Promotion involves submission of any materials including but not limited to answers to questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs or photographs (Content), all Entrants represent, warrant and agree that:
- the Content must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity;
- the Content must be the work of the individual submitting it;
- the Content must not have been published elsewhere or have won a prize in any other competition or promotion;
- Entrants have obtained all appropriate consents and/or permission relating to a person who appears in, or whose property appears in, the Content;
- the submission of the Content does not infringe the intellectual property rights of any third party and that the Content they are submitting is their own work and that they own the copyright for it;
- the Promoter may remove or decline to publish any Content without notice to the relevant Entrant;
- the Promoter may use their likeness, image and/or voice in the event that the Entrant is the Winner (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Promotion or other similar promotions and promoting any products manufactured, distributed and or supplied by the Promoter. The Entrant will not be entitled to any remuneration for such use.
Last updated: 23rd May 2024
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