COTY X DAVID BECKHAM – CONSUMER COMPETITION

Terms and Conditions

1.            The Promoter

CW Media PTY LTD ACN 606 548 298, 6 Albert Street Preston, Vic 3072, on behalf of the CW Management Pty Ltd ACN 606 514 390  and Epharmacy Group Pty Limited ACN 110 869 059 (“Promoter”)..

2.            Terms of Entry

(a)          Competition entries can be made from 00.01am AEDST on Thursday 26 October 2023 until 11.59pm AEDST on Sunday 10 December 2023 (“Competition Period”) through the Promoter’s websites

·         https://www.chemistwarehouse.com.au/competitions/win-a-harley

·         https://www.mychemist.com.au/competitions/win-a-harley

·         https://www.epharmacy.com.au/competitions/win-a-harley

·         https://www.mybeautyspot.com.au/competitions/win-a-harley

(b)          Entries received outside the Competition Period will not be eligible or accepted. 

(c)           Entries that are incomplete, illegible or indecipherable will not be valid and will be deemed void.

(d)          Entry is conditional upon entrants purchasing any David Beckham fragrance in a single transaction at Chemist Warehouse, My Chemist, My Beauty Spot or E-Pharmacy (in-store or online) and providing proof of such transactions in the form of a valid purchase receipt number and entering online via the above website/s during the Competition Period.

(e)          The Promoter takes no responsibility for entries that are lost, stolen, illegible, misdirected or damaged however caused.

(f)            Submitting an entry constitutes acceptance of these terms and conditions.

(g)          Multiple entries by eligible entrants are accepted, subject to entrants holding multiple proofs of purchase with different valid purchase receipt numbers. Each receipt must evidence a single transaction referred to in paragraph 2(d).

3.            Who May Enter

(a)          The Competition is open to Australian residents over 18 years of age.

(b)          The Competition is not open to:

(i)            Employees of the Promoter;

(ii)           Parties to whom the Promoter has contracted work in relation to this Competition;

(iii)          Parties who are otherwise directly involved with this Competition; and

(iv)          Any immediate family members of any of the abovementioned parties.

4.            Prize

(a)          The major prize is 1 x Harley Davidson Breakout 117 valued at $40,000 AUD.

(b)          The minor prizes are one of 10 x $500 AUD Harley Davidson general merchandise vouchers.

(c)           The total prize pool is $45,000 AUD.

(d)          Prize terms and conditions:

·         Prizes awarded are non-transferable and cannot be exchanged for any valuable consideration, in particular for money..

·         Winner must hold their own licence and insurance before using the major prize – the promoter holds no legal ties or responsibility once the prize has been provided to the winner.

·         Winner must collect the major prize from an Australian Harley Davidson dealer of their choice within one month from the date they were determined the Competition winner. The major prize winner will bear any costs associated with travelling to their closest Harley Davidson dealer for the purposes of delivery of the major prize.

·         Winners of the minor prizes must redeem and use the general merchandise vouchers instore at any Australian Harley Davidson dealer.

5.            Selecting the Winner

(a)          This is a game of chance. The Competition winners will be randomly selected by the Promoter’s digital team using a random number generator to select the winner at 3:00pm AEDST on Tuesday 12 December 2023.  The Competition will be drawn at 6 Albert Street, Preston VIC 3072.

(b)          The Promoter will notify the Competition winners by SMS or email by 5.00pm AEDST on Tuesday 12 December 2023. Whilst the Promoter will use its best endeavours to contact the winners within the abovementioned time, the decision not to award an entrant who cannot be contacted a prize is at the sole and absolute discretion of the Promoter and can be made at any time after the Competition winners have been selected.

(c)           Subject to paragraph 5(b), if within one month after the determination of the winners of the Competition, a prize (other than a prize consisting of perishable goods) has not been claimed or collected by the winner, the Promoter will take reasonable steps to enablethe major prize winner to collect the major prize and deliver the minor prize winners the minor prizes.

(d)          If a decision to not award a prize is made under paragraph 5(b), the Promoter will re draw Competition winners by random selection using automated competition drawing software (Draw My Comp) at 10:00am AEDST on Monday 15 January 2024 at 6 Albert Street, Preston VIC 3072  and will publish these details on the below websites on Tuesday 16 January 2024 by 5.00pm AEDST. The Promoter will notify the Competition winner/s from the re draw by SMS or email by 12:00pm AEDST on Monday 15 January 2024.

·         https://www.chemistwarehouse.com.au/competitions/win-a-harley

·         https://www.mychemist.com.au/competitions/win-a-harley

·         https://www.epharmacy.com.au/competitions/win-a-harley

·         https://www.mybeautyspot.com.au/competitions/win-a-harley

(e)          A person claiming to be a prize winner will be required to provide proof of identity, their age and place of residence and to verify any other eligibility requirements. 

6.            Publication of winner’s details

The Promoter will publish the Competition winners on the following websites on Wednesday 13 December 2023 and that information shall remain posted there for at least 28 days.

·         https://www.chemistwarehouse.com.au/competitions/win-a-harley

·         https://www.mychemist.com.au/competitions/win-a-harley

·         https://www.epharmacy.com.au/competitions/win-a-harley  

·         https://www.mybeautyspot.com.au/competitions/win-a-harley

Privacy and use of personal information

(a)          In accordance with the Privacy Act (1988) (Cth), the Promoter notifies entrants that entry to the Competition involves the collection of personal information about entrants, such as their name, address, mobile phone number and email address.  This is collected for the purpose of establishing eligibility, carrying out the Competition and notifying the winner.  If the information is not provided, the entrant may not participate in the Competition.  Entrants’ personal information may be disclosed to State Lottery agencies and the winners’ name published as required under the relevant lottery legislation. 

(b)          Each entrant consents to the Promoter using their personal information provided in connection with their entry, for the purposes of undertaking any investigation in connection with verifying the identity of an entry or any suspected tampering. 

(c)           Each entrant consents to the Promoter and its authorised licensees using the entrant’s name, likeness, image and/or photograph and voice in the event that they are the winner, in any media for an unlimited period of time, without remuneration or compensation, for the purposes of promoting the outcome of this Competition. 

7.            Discontinuation of the Competition or Disqualification of an Entrant

(a)          Subject to State legislation; the Promoter reserves the right to discontinue the Competition at any time and in its sole and absolute discretion may cancel, terminate or modify the Competition without the need to provide compensation to entrants or attempted entrants.

(b)          The Promoter reserves the right, in its sole and absolute discretion to verify the validity of entries and entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with (or whom the Promoter reasonably suspects has tampered with) the entry process or the winner selection process or who has otherwise been misleading or fraudulent in the course of the Competition.

8.            Exclusion of Liability

(a)          The Promoter makes no representation and provides no warranties as to the quality or suitability of the prizes offered.

(b)          The Promoter is not responsible for any losses associated with any change to the value of any of the prizes offered.

(c)           To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained by any person or to personal property including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter or its servants or agents, in connection with the arrangements for the supply of any goods or services by any person to the prize winner and where applicable, to any person or persons accompanying the prize winner.

(d)          The Promoter’s decision on all matters relating to this Competition will be final.

(e)          The Promoter is under no obligation to provide reasons for any of its decisions.

(f)            The Promoter is under no obligation to engage in any form of correspondence whatsoever with entrants or purported entrants, or their representatives, in any matters relating to the Competition.

(g)          Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the non excludable consumer guarantees under the Competition and Consumer Act, as well as any other non excludable implied warranties under the Fair Trading Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).

(h)          Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion. Without limiting that, under no circumstances will the Promoter have any liability for or in relation to:

(i)        any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(ii)        any theft, unauthorised access or third party interference;

(iii)       any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(iv)       any variation in prize value to that stated in these Terms and Conditions;

(v)        any tax liability incurred by a winner or entrant; or

(vi)       use of a prize.

(i)            The laws of Australia apply to this promotion to the exclusion of any other law.  Entrants submit to the exclusive jurisdiction of the courts of Australia.

Permit numbers:

SA: T23/1285

ACT: TP 23/01695

NSW: notification number NTP/07495 on authority TP/02705