1. Information on how to enter the Competition and the entry registration process forms part of these terms and conditions of entry and is the property of the Promoter. Entry into the Competition is deemed acceptance of these terms and conditions.
2. The name of the Competition is the “Beauty Focus Competition – OPSM”
3. The Promoter of the Competition is Luxottica Retail Australia Pty Ltd (ABN 26 000 025 758) of 75 Talavera Road, Macquarie Park NSW 2113 (“the Promoter”).
4. To enter the Competition, entrants at the time of entering must be over the age of 18, legal residents of Australia and have a valid and operating Instagram account.
5. The Competition will commence on 11th January 2021 at 9am AEST and entries will close at 12PM AEST on 24th January 2021 (“the Competition Period”).
6. To enter the Competition, an entrant must follow the OPSM Instagram account (@opsm) (“OPSM Account”) and tag two (2) friend’s valid and operating Instagram accounts in the comment section of a Competition post by the OPSM Account (“Competition Post”). A Competition Post is a post made by the OPSM Account during the Competition Period relating to the Competition.
7. Entrants are permitted to submit unlimited entries during the Competition Period.
8. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. All inaccurate and/or incomplete entries will be deemed invalid.
9. A random draw will be held at 10am on 25th January 2021 at the Promoter’s offices at 75 Talavera Road, Macquarie Park NSW 2113. One (1) entrant will be randomly selected from all valid entries and win (1) OPSM gift voucher (valued at up to $250), as well as a personalised one hour virtual make-up tutorial with Michael Brown (@mbrown_beauty) (valued at up to $900).
10. One (1) prize will be awarded in total. The total prize pool is valued at up to $1150 The prize is not transferable and cannot be redeemed for cash. Prize must be taken as described and no compensation will be payable if the winner is unable to use the prize as described.
11. The virtual make-up tutorial will be 20 (twenty) minutes in duration and take place at a time and date as agreed between the winner and Michael Brown, before 25th June 2021. A video streaming platform will facilitate the virtual tutorial and will be arranged by OPSM.
12. The winner will be notified via Instagram direct message by close of business on 25th January 2021 and may be announced via the OPSM Account. The winner’s Instagram account must accept any required following request by the OPSM Account. In the event that for any reason whatsoever a winner does not respond to the prize notification within three (3) months, then the prize will be forfeited by the winner. The unclaimed prize may then be redrawn by random selection by the Promoter after three months and one day after initial contact with an initial winner and any subsequent winner will be notified via Instagram direct message and may be announced via the OPSM Account. The winner will be required to provide a valid postal address in Australia for the Promoter to send the prize.
13. All entries become the property of the Promoter. Each entrant warrants that he/she has the right to transfer these rights to the Promoter, and that each submitted entry does not infringe the rights of any third party.
14. The Promoter’s decision in relation to any aspect of these terms and conditions and the Competition is final and binding on every person who enters. No correspondence will be entered into.
15. Each entrant warrants that he/she/they has the consent of any recognisable person displayed in any entry and that such person accepts that the entry will be treated in accordance with these terms and conditions.
16. The Promoter reserves the right to request the winner to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry in order to claim a prize. Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will be disqualified and will forfeit the prize in whole and no substitute will be offered. Unless otherwise nominated, the winner’s prize will be sent to the address held by the Promoter for the entrant.
17. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
18. Once prizes have left the Promoter’s or its agent’s premises, no responsibility is accepted for prizes damaged, delayed or lost in transit and after they are released to the winners. All prices stated are in Australian dollars and include GST.
19. The: (a) Promoter, the Promoter’s related entities and all agencies associated with the Competition; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph (a) above, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia. Without limitation on the foregoing, the Promoter is not responsible or liable for any costs, loss or damage arising out of any incorrect or inaccurate information, or information provided by the entrant, any variation in prize value to that stated in these terms and conditions, any tax liability incurred by a winner or entrant, any costs whatsoever associated with use of the prize or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
20. If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under applicable regulation and, where necessary, with the approval of the relevant authority.
21. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of the Competition or of these terms and conditions, subject to applicable laws and subject to the approval of the relevant authorities, if required. All decisions by the Promoter are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
22. In the event that the prize item is unavailable despite the Promoter’s reasonable endeavours to procure it, the Promoter reserves the right to substitute a different prize of equal or greater value.
23. If for any reason the winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize.
24. Any costs associated with entering the Competition and using the prize are the responsibility of the entrant.
26. Prizes and participation in the Competition are subject to any conditions imposed by the supplier or organiser of the prizes, as applicable, including but not limited to any conditions stipulated by a supplier of a voucher. Without limiting any other paragraph in these terms and conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness for any purpose of any element of the prize, or the failure of any element of the prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter is the minimum allowable by law.
27. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by or associated with any other social media platform whatsoever including but not limited to Instagram. Any information provided as part of the Competition is provided to the Promoter and not to the relevant social media platform. Entry into the Competition is deemed acceptance of the terms and conditions of any relevant social media platform. Entrants completely release any relevant social media platform from any and all liability in connection with this Promotion.
28. The Competition is governed exclusively by the laws of Australia.