MECCA Mystery Box competition: terms and conditions

1. Overview

  1. This MECCA Mystery Box 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:
    1. starts at 12am Australian Eastern Daylight Time (AEDT) on 27 November 2020; and
    2. (ii) ends at 11:59pm AEDT on 30 November 2020, or earlier if MECCA Mystery Boxes run out,
      (Promotion Period).

2. Eligibility

  1. The Competition is open to Beauty Loop members in Australia and New Zealand that have a valid email address registered on their Beauty Loop account at the time of entry.
  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. (b) To enter the Competition, you must, during the Promotion Period, successfully place an order for a MECCA Mystery Box via:
    (i) www.mecca.com.au, for delivery in Australia; or
    (ii) www.meccabeauty.co.nz, for delivery in New Zealand.
  3. Each MECCA Mystery Box contains 5 cosmetics or beauty products.
  4. Stocks of MECCA Mystery Boxes are limited.
  5. You must be logged in to your Beauty Loop account when you place the order. Entry is limited to 1 per person.
  6. Orders for a MECCA Mystery Box placed outside the Promotion Period are not eligible.
  7. The time of your entry will be the time and date your order is received according to our internal servers.
  8. 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.
  9. We are not responsible for late entries.
  10. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

4. Draw

  1. There will be 100 winners.
  2. The winners will be randomly drawn using the TPAL Electronic Draw System at www.randomdraws.com.au/.
  3. We will conduct the draw:
    1. at our office at 34 Wangaratta Street, Richmond, Victoria, 3121, Australia or at the private residence of one of one of our employees in Melbourne, Australia; and
    2. 9am and 5pm AEDT on 2 December 2020.
  4. We may draw additional valid reserve entries and record them in case:
    1. an ineligible entrant is drawn; and
    2. we elect to draw on the reserve entries.

5. Outcome

  1. The winners will be notified, and receive their prize, after 5pm AEDT on 1 December 2020 by email to the email address on their Beauty Loop accounts.
  2. It is your responsibility to notify us in writing if your contact details change.
  3. The names and contact details of the winners may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details.
  4. Our draw is final.

6. Prizes

  1. The total prize pool value for the Competition is $12,000 (inclusive of GST).
  2. Each winner will receive a MECCA promo code valued at AUD$120 that can be redeemed for the winner's choice of an in-store MECCA Facial or MECCA Natural makeup application.

7. Prize conditions

  1. Winners must follow the instructions provided with the promo code to book their MECCA Facial or MECCA Natural makeup application appointment on a date on or before 30 November 2021. The promo code expires at 11:59pm AEDT on 30 November 2021.
  2. On the day of the booked MECCA Facial or MECCA Natural makeup application, the winner may also redeem products from the selected MECCA store, up to the total price of $120 (inclusive of GST). The winner forfeits any amount that is not redeemed on the day of the service.
  3. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  4. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize.
  5. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  6. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize(s).
  7. You must comply with all terms and conditions of use of the prize, including MECCA's Booking Terms and Conditions.

8. Personal Information

  1. Entries may be entered into a database.
  2. By entering this Competition, you consent to us:
    (i) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
    (ii) 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.
  3. 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.

9. 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) and the Fair Trading Act 1986 (NZ) 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. We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.
  4. You are solely responsible for any costs associated with accessing our Facebook page, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.
  5. 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.

10. 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.

11. 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.
  7. Australian Capital Territory permit number: ACT TP 20/01374

12. 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).