MECCA Flagship Random Acts of MECCA competition: terms and conditions

1. Overview

1. This MECCA Flagship Random Acts of MECCA competition (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our).
2. By entering this Competition, all entrants (you or your) will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
3. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
4. The Competition will be:
   
   1. (i) (i) conducted at the MECCA Flagship store at 49-51 Market Street, Sydney, New South Wales, 2000 (store); and
   2. (ii) open between 9am Australian Eastern Daylight Time (AEDT) on 27 November 2020 and 9pm AEDT on 29 November 2020, unless the prize pool is exhausted earlier (Promotion Period)

2. Eligibility

1. The Competition is open to Australian and New Zealand residents.
2. Employees and contractors (and their Immediate Families) of MECCA Brands Pty Ltd (ABN 11 077 859 931), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.

3. How to Enter

1. This Competition is a game of chance. Skill plays no part.
2. To enter the Competition, you must, during the Promotion Period:
3. collect a MECCA shopping basket at the Store (Shopping Basket) from a member of our staff;
4. purchase at least 1 item in a transaction at the Store (Purchase); and
5. present your Shopping Basket to a member of our staff at the time of the Purchase.
1. You may enter the Competition multiple times, provided you comply with the conditions in clause 3(b) for each entry.
2. We will not accept entries submitted after the end of the Promotion Period.
3. We may, at any time:
   (i) verify the validity of entries and entrants (including your identity, age and place of residence); and
   (ii) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
4. Incomplete, indecipherable or illegible entries will be invalid at our discretion.
5. We are not responsible for incorrect, incomplete, lost, late or misdirected entries.

4. Prizes and Winners

1. The total prize pool value for the Competition is $6,750 (inclusive of GST).
2. Shopping Baskets will be randomly marked with winner and runner-up stickers.
3. The number of winners and runners-up for each day during the Promotion Period are as follows:
   
   1. Date Number of Winners Number of Runners-up
      27 November 2020 1 13
      28 November 2020 1 12
      29 November 2020 1 10
      
4. If you present a Shopping Basket with a winner or runner-up sticker at the time of your Purchase, a member of staff will notify you that you are a winner or runner-up and provide your prize.
5. Each winner will receive a $500 MECCA Gift Card.
6. Each runner-up will receive a $150 MECCA Gift Card that may be redeemed for a service at the Store.
7. Entrants may win more than once during the Competition.

5. Claiming the prize

1. The prizes must be claimed as offered at the Store at the time of the Purchase or will otherwise be forfeited.
2. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
3. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize.
4. You must comply with all terms and conditions of use of the prize, including the MECCA Gift Card terms and conditions.
5. Before claiming the prize we may require you to sign a legal release in a form we determine.

6. Entries

1. You are responsible for your entry.
2. We are not liable in any way for your entry to the fullest extent permitted by law.
3. You warrant and agree that you will comply with all applicable laws and regulations.

7. Personal Information

1. By entering this Competition, you consent to us:
   1. publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
   2. using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
2. If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below.

8. Liability

1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
2. Subject to clause 11(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents):
   
   1. are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;
   2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and
   3. exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:
      
      1. any technical difficulties or equipment malfunction (whether or not under our control);
      2. any theft, unauthorised access or third party interference;
      3. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);
      4. any variation in prize value or specification;
      5. any tax liability or similar charge incurred by the winner or the runners-up; or
      6. use of a prize by the winner or the runners-up.
3. Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.

9. Disruption to Competition

1. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law:
   
   1. disqualify any entrant who tampers or interferes with the entry process; or
   2. subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
2. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred in our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

10. General

1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
3. At all relevant times, you must comply with any terms imposed by Facebook. You can view view Instagram's current Terms and Conditions of Use at https://help.instagram.com/478745558852511.
4. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
5. The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 34 Wangaratta Street, Richmond, Victoria, 3121, Australia.
6. If you have any questions regarding these Terms or any issues regarding how this Competition is conducted, you may contact us at customerservice@mecca.com.au or on +61 3 9420 7373. We will determine how any issues will be resolved.

11. Definitions

1. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
2. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
3. Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
4. Personal Information has the meaning in the Privacy Act 1988 (Cth).
5. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).