BM Essentials Terms and Conditions
BM Essentials Daily Voucher Giveaway
Duration of promotion
Start: Tues 13 Sept 2016 2:00 PM AEST
End: Mon 19 Sept 2016 10:00 AM AEST
No entries will be accepted outside this time.
Fashion Services Unit Trust
ACN: 87 140 574 009
463 Tufnell Rd
Banyo QLD 4014
Entry to the Promotion is open in all eligible states/territories who fulfill the entry requirements and are 18 years of age or older.
Details of prizes
The best entry/entries as determined by the judges will be deemed the prize winner(s) and will win:
$50AU BlackMilk Clothing voucher
Total number of prizes
Total prize value
Total prize pool (inc GST): $300.00AU
Method of entry
To enter, an entrant must, during the promotional period:
Upload a new picture of themselves wearing a piece of clothing from the BlackMilk Essentials category (located here: https://blackmilkclothing.com/collections/blackmilk-essentials) to Instagram, or to the BlackMilkClothing Facebook page including the hashtags #BMEssentials and #BlackMilkClothing. If uploading to Instagram the account must be public.
This is a game of skill, the winners will be selected by BlackMilk Clothing staff.
The potential winner selection will begin 10:00 AM AEST on 13 Sept 2016, and will occur daily until Sept 19.
Location of the judging:
Fashion Services Unit Trust
463 Tufnell Rd
Banyo QLD 4014
Notification of winners
Winners will be notified via direct Facebook message on the day of the draw
Public announcement of winners
The winners will be published here:
www.facebook.com/BlackMilkClothing each day of the draw.
Unclaimed prize draw
If the prize(s) are unclaimed by the unclaimed prize draw date, the Promoter will award the prize(s) to an Eligible Entrant(s), subject to any directions from any regulatory authority.
Unclaimed prize draw date: 10:00 AM AEST on 20 Dec 2016
Location of unclaimed prize draw:
Fashion Services Unit Trust
463 Tufnell Rd
Banyo QLD 4014
Notification of unclaimed prize winners
Unclaimed prize winners will be notified via direct Facebook message within 1 day of the unclaimed prize draw.
Public announcement of winners from unclaimed prize draw
The winners of unclaimed prizes will be published here:
www.facebook.com/BlackMilkClothing on 20 Dec 2016
Terms & Conditions of entry
- Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter, BlackMilk Clothing Pty Ltd and each of its related bodies corporate, and of the agencies and companies associated with this Promotion (collectively, the “Promotion Entities”), including the terms and conditions providers Trade Promotions and Lotteries Pty Ltd are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- The Promotion will be conducted during the Promotion period.
- The Prize/s are specified in the Details of prizes section of the Schedule.
- The total prize pool is specified in the Total prize value section of the Schedule.
- Any prize is valued in Australian dollars unless expressly stated to the contrary.
- All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
- Entrants agree to comply with any conditions which accompany the Voucher.
- Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the Maximum number of entries (if applicable).
- The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- The prize(s) will be awarded to the best entry/entries as judged in accordance with the Prize draw details. Entries must not have been published previously and/or have been used to win prizes in any other competitions. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content. The judges’ decision is final and no correspondence will be entered into.
- The winner does not need to be present at the draw unless expressly stated to the contrary.
- The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter.
- The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
- It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- The promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
- To the greatest extent permitted by law, the Promotion Entities exclude all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promotion Entities makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promotion Entities from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promotion Entities or that the Promotion Entities may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- If despite the foregoing clause, the Promotion Entities incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promotion Entities liability in respect of the Promotion is limited, in the Promotion Entities discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- Without limiting any of the foregoing, in no circumstances will an entrant or the Promotion Entities have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- The Promotion Entities will not be liable for any damage in transit to or delay in transit of prizes.
- The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
- All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
- Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities.
- The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement.
- The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.