WHAT GOOD SKINCARE MEANS TO YOU FACEBOOK COMPETITION: TERMS AND CONDITIONS

OVERVIEW
  1. This ‘What Good Skincare Means To You’ competition (Competition) is promoted by ESK Care Pty Ltd (ABN 82 614 758 182) (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. begins at 12pm Australian Eastern Standard Time (AEST) on 19 October 2020; and
    2. ends at 11:59pm AEST on 20 November 2020. (Promotion Period).
ELIGIBILITY
  1. The Competition is open internationally, to persons aged 16 or over. 
  2. Employees and contractors (and their Immediate Families) of ESK Care Pty Ltd (ABN 82 614 758 182) and the agencies associated with this Competition are ineligible to enter. 
HOW TO ENTER
  1. To enter the Competition, you must, during the Promotion Period:
    a. Like the ESK Evidence Skincare Facebook Page;
    b. Leave a comment in the original Competition post on the ESK Evidence Skincare Facebook Page, published on Monday, 19 October 2020 telling ESK Care Pty Ltd (ABN 82 614 758 182) what good skincare means to you.
    c. You need a Facebook account to enter the Competition.
    d. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.
    e. You can submit multiple entries to the Competition.
    f. We will not accept entries submitted after the end of the Promotion Period.
    g. The time of each Competition entry will be the time and date displayed on the vote on our systems.
    h. We may, at any time: 

    1. verify the validity of entries and entrants (including your identity, age and place of residence); and
    2. disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.

i.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.

WINNER SELECTION
  1. There will be 1 winner.
  2. The winner will be determined based on the comment published by the Entrants. 
  3. We will select the winner:
    a. at our office at Unit 6, 10 Anderson Street, Banksmeadow, New South Wales, 2019, Australia; and
    b. between 12pm and 5pm AEST on 20 November 2020. 
  4. We may select additional valid reserve entries and record them in case:
    a.
    an ineligible entrant is selected
OUTCOME
  1. The winner will be notified after 9am AEST on 23 November 2020 by:
    a. direct message on Facebook; and
    b. announcement posted on our Facebook page. 
  2. It is your responsibility to notify us in writing if your contact details change. 
  3. The name, entry and Facebook handle of the winner 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, including your social media handle. 
  4. Our selection is final.
PRIZES
  1. The winner will receive 3 full size skin kits tailored to their skin needs. The total prize value for this Competition is up to AUD $1,400 (inclusive of GST).
  2. Prize values are based on the recommended retail prices in Australia on 12 October 2020. We accept no responsibility for any change in prize value on the date the prize is redeemed. 
CLAIMING THE PRIZE
  1. To claim the prize, respond to the Facebook direct message with your full name and nominated delivery address. 
  2. The prize(s) must be claimed as offered within 28 days of the winner’s announcement and is subject to product availability. 
  3. Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval. 
  4. A prize is not transferable, saleable or redeemable as cash, credit or equivalent. 
  5. Before claiming the prize we may require you to sign a legal release in a form we determine. 
  6. At the end of the Competition, we will, acting reasonably meet all application existing claims for prizes and entitlements to claims notwithstanding the advertised prize pool has been exceeded. If a printing error or other quality assurance matter occurs outside your control, we will not refuse to award a prize. 
RESELECTION
  1. If the winner does not claim their prize within the prescribed time, we will conduct a reselection:
    a. using the same method of selection specified in clause 4(b);
    b. at our office at Unit 6, 10 Anderson Street, Banksmeadow, New South Wales, 2019, Australia; and
    c. Between 9am and 5pm AEST on 21 December 2020. 
  2. The winner of the reselection will be notified after 9am AEST on 22 December 2020 by:
    a. direct message on Facebook; and
    b. announcement posted on our Facebook page.
ENTRIES
  1. We own all entries. 
  2. You are responsible for the entry/entries you submit and any accompanying comments.
  3. We are not liable in any way for your entry to the fullest extent permitted by law. 
  4. We may remove or delete any entry without notice for any reason whatsoever.
  5. You warrant and agree that:
    a. you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
    b. your entry does not contain viruses and will not cause injury or harm to any person or entity; and
    c. you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
PERSONAL INFORMATION
  1. Entries may be entered into a database.
  2. By entering this Competition, you consent to us, publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws.
  3. If you wish to access, or for us to update, correct or delete, your Personal Information or your entry, contact us using the details below. 
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 each of our officers, directors, employees, contractors and agents):
    a. 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;
    b. 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
    c. 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; and
    6. use of a prize by the winner or the runners-up.

           d. 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.
           e. 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.
           f. Without limiting any other terms, you indemnify us (and our officers, directors, employees, contractors and agents) from and against your breach of these Terms. 

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:
    a. disqualify any entrant who tampers or interferes with the entry process;
    b. 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. 
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 Facebook’s current Terms of Service at www.facebook.com/legal/terms/update.
  4. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of New South Wales, Australia.
  5. The promoter of this Competition is ESK Care Pty Ltd (ABN 82 614 758 182) of Unit 6, 10 Anderson Street, Banksmeadow, New South Wales, 2019, Australia. 
  6. If you have any questions regarding these Terms, you may contact us at info@eskcare.com or on (02) 8806 0168.

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WHAT GOOD SKINCARE MEANS TO YOU INSTAGRAM COMPETITION: TERMS AND CONDITIONS

OVERVIEW
  1. This ‘What Good Skincare Means To You’ competition (Competition) is promoted by ESK Care Pty Ltd (ABN 82 614 758 182) (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:
    a. begins at 12pm Australian Eastern Standard Time (AEST) on 19 October 2020; and
    b. ends at 11:59pm AEST on 20 November 2020. (Promotion Period).
ELIGIBILITY
  1. The Competition is open internationally, to persons aged 16 or over. 
  2. Employees and contractors (and their Immediate Families) of ESK Care Pty Ltd (ABN 82 614 758 182) and the agencies associated with this Competition are ineligible to enter. 

 

HOW TO ENTER
  1. To enter the Competition, you must, during the Promotion Period:
    a. Follow the @eskskincare Instagram account;
    b. Tag 3 friends and share “what good skincare means to you” in the comment section of the original Competition post on the @eskskincare Instagram account, published on Monday, 19 October 2020;
    c. You need an Instagram account to enter the Competition.
    d. This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram.
    e. You can submit multiple entries to the Competition.
    f. We will not accept entries submitted after the end of the Promotion Period.
    g. The time of each Competition entry will be the time and date displayed on the vote on our systems.
    h. We may, at any time: 

    1. verify the validity of entries and entrants (including your identity, age and place of residence); and
    2. disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process. 

           i. 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.

WINNER SELECTION
  1. There will be 1 winner.
  2. The winner will be determined based on the comment published by the Entrants. 
  3. We will select the winner:
    a. at our office at Unit 6, 10 Anderson Street, Banksmeadow, New South Wales, 2019, Australia; and
    b. between 12pm and 5pm AEST on 20 November 2020. 
  4. We may select additional valid reserve entries and record them in case:
    a. an ineligible entrant is selected
OUTCOME
  1. The winner will be notified after 9am AEST on 23 November 2020 by:
    a. direct message on Instagram; and
    b. announcement posted on our Instagram page. 
  2. It is your responsibility to notify us in writing if your contact details change. 
  3. The name, entry and Instagram handle of the winner 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, including your social media handle. 
  4. Our selection is final.
PRIZES
  1. The winner will receive 3 full size skin kits tailored to their skin needs. The total prize value for this Competition is up to AUD $1,400 (inclusive of GST).
  2. Prize values are based on the recommended retail prices in Australia on 12 October 2020. We accept no responsibility for any change in prize value on the date the prize is redeemed.
CLAIMING THE PRIZE
  1. To claim the prize, respond to the Instagram direct message with your full name and nominated delivery address. 
  2. The prize(s) must be claimed as offered within 28 days of the winner’s announcement and is subject to product availability. 
  3. Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval. 
  4. A prize is not transferable, saleable or redeemable as cash, credit or equivalent. 
  5. Before claiming the prize we may require you to sign a legal release in a form we determine. 
  6. At the end of the Competition, we will, acting reasonably meet all application existing claims for prizes and entitlements to claims notwithstanding the advertised prize pool has been exceeded. If a printing error or other quality assurance matter occurs outside your control, we will not refuse to award a prize.
RESELECTION 
  1. If the winner does not claim their prize within the prescribed time, we will conduct a reselection:
    a. using the same method of selection specified in clause 4(b);
    b. at our office at Unit 6, 10 Anderson Street, Banksmeadow, New South Wales, 2019, Australia; and
    c. Between 9am and 5pm AEST on 21 December 2020. 
  2. The winner of the reselection will be notified after 9am AEST on 22 December 2020 by:
    a. direct message on Instagram; and
    b. announcement posted on our Instagram page.
ENTRIES
  1. We own all entries. 
  2. You are responsible for the entry/entries you submit and any accompanying comments.
  3. We are not liable in any way for your entry to the fullest extent permitted by law. 
  4. We may remove or delete any entry without notice for any reason whatsoever.
  5. You warrant and agree that:
    a. you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
    b. your entry does not contain viruses and will not cause injury or harm to any person or entity; and
    c. you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
PERSONAL INFORMATION
  1. Entries may be entered into a database.
  2. By entering this Competition, you consent to us, publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws.
  3. If you wish to access, or for us to update, correct or delete, your Personal Information or your entry, contact us using the details below.
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 each of our officers, directors, employees, contractors and agents):
    a. 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;
    b. 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
    c. 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; and
    6. use of a prize by the winner or the runners-up.

d. 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.
         e. You are solely responsible for any costs associated with accessing our Instagram 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.
         f. Without limiting any other terms, you indemnify us (and our officers, directors, employees, contractors and agents) from and against your breach of these Terms. 

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:
    a. disqualify any entrant who tampers or interferes with the entry process; or
    b. 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. 
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 Instagram. You can view Instagram’s current Terms of Service 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 New South Wales, Australia.
  5. The promoter of this Competition is ESK Care Pty Ltd (ABN 82 614 758 182) of Unit 6, 10 Anderson Street, Banksmeadow, New South Wales, 2019, Australia. 
  6. If you have any questions regarding these Terms, you may contact us at info@eskcare.com or on (02) 8806 0168.

 

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