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TERMS AND CONDITIONS

G-Star Competition (“Competition”)

 

Exclusive Offer for Consumers

 

PURPOSE

This Competition is offered to consumers to encourage business with General Optical DBA VSP Vision Care. Entry in the Competition does not constitute entry into any other promotion, contest, or competition. By participating in the Competition, each entrant accepts and agrees to comply with and abide by these Terms and Conditions and the decisions of General Optical (ACN 003 292 466) – 110 Dalmeny Avenue, Rosebery NSW 2018, Sydney, Australia, 1800 251 025 (the “Promoter“).
ELIGIBILITY

The Competition is open exclusively to consumers located within Australian States and Territories excluding residents of New South Wales over the age of 18 years old (the “Eligible Entrants” or “Entrants”). Void where prohibited, taxed, or restricted by law. Limit of one entry per Eligible Entrant applies. Employees of the Promoter and each of its subsidiaries, affiliates, advertising and promotion agencies and the immediate family members and/or those residing in the same household of each are ineligible to enter the Competition or win a prize.

 

Promoter reserves the right to disqualify any participant if Promoter determines that the consumer’s participation in the promotion or receipt of a reward or prize would violate federal, state, or local law.

 

COMPETITION DETAILS
The Competition will commence on 11 June 2015 at 11 a.m. AEDT. The Competition will end on 17 June 2015 at 11 a.m. AEDT (the “Promotion Period”).

 

How to Enter

Eligible Entrants must complete the following steps to receive one entry in to the Competition: Entrants must post a picture in the comments section by 10:59 a.m. AEDT on 17 June 2015. If entrants have entered multiple times and the relevant entries are valid, an entrant is entitled to win more than one prize. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

 

Tampering with the entry process or the operation of the Competition, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Promoter, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Promoter’s satisfaction, the affected entry will be deemed ineligible. The Promoter shall not be responsible for incorrect or inaccurate entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Competition by any technical or human error which may occur in the processing of the entries in the Competition.  The Promoter assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

 

Drawings

At the end of the Promotion Period, all prize winners will be selected at one time on 19 June 2015 at 10:00 a.m. AEDT. Winners will be selected based on the quality of pictures posted from among all eligible entries received. The selection will be conducted by Promoter or its designee at General Optical (ACN 003 292 466) – 110 Dalmeny Avenue, Rosebery NSW 2018, Sydney, Australia. The selection will be performed using a panel of judges selected by Promoter in its sole discretion

 

Notification of winners

Within two days of the decision, winners will be notified in writing by Facebook message, and the names of all confirmed winners will be posted on the Website www.vspvisioncare.com.au/Gstarwinners within 5 business days.

 

Prizes will be sent to the winner’s registered address by registered post on the earlier of 10 days of receiving confirmation from the winner or 28 days from the date of the relevant draw.

 

If, despite all reasonable efforts, a prize is unclaimed, the unclaimed prize will be reselected at 10:00 a.m. AEDT on 17 July 2015 at General Optical (ACN 003 292 466) – 110 Dalmeny Avenue, Rosebery NSW 2018, Sydney, Australia.

 

If any potential winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected in accordance with the redraw procedure above.

 

Potential winner(s) will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected in accordance with the redraw procedure above.

 

Potential winners must continue to comply with all terms and conditions of these Terms and Conditions, and understand that the results and decisions of Promoter are final in all respects, except where otherwise required by law. Winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, Promoter may award the prize to an alternate winner selected in a random drawing from the remaining eligible entries. Alternate winners are subject to all requirements set forth in these Terms and Conditions.

 

PRIZE

A total of 20 pairs G-Star sunglasses) are available. The retail value is $199.95 AUD. All portions of the prize(s) are non-assignable, non-transferable and not redeemable for cash. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other marketing or promotional materials are for illustrative purposes only. Actual prize(s) may vary from the prizes pictured. All details and other restrictions of the prize not specified in these Terms and Conditions will be determined by Promoter in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Promoter reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.

 

To the fullest extent permitted by law, Promoter limits its liability for loss or damage and makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Competition, except that Promoter does not exclude any warranty or guarantees that cannot be excluded under law, including the Australian Consumer Law.

 

For any legally required winner’s list, please send a self-addressed stamped envelope by 23 February  2015 to “Attention: G-Star Raw Sunglass  Competition, 110 Dalmeny Avenue, Rosebery NSW 2018, Sydney, Australia.”

 

AGREEMENTS

Cancellation
Cancellations by Entrant (with reasonable notice) can be made by contacting Promoter at mwalter@genop.com.au at any time.

 

Communication
By participating in the Competition, each Eligible Entrant unconditionally consents and agrees to periodically receive promotional collateral for VSP Vision Care and/or General Optical, including e-mails, faxes, or direct mail.

 

COMPETITION GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promoter to use Eligible Entrant’s name, image, likeness, trademark, contact information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Eligible Entrants agree that, to the fullest extent permitted by law, Promoter and Facebook (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Competition or any Competition-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, except Promoter does not exclude any warranty or guarantees that cannot be excluded under law, including the Australian Consumer Law. Promoter and Facebook assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Competition, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Promoter and Facebook is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Promoter reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Competition or the Website, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Competition, or to annoy, abuse, threaten or harass any other person, and Promoter reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Promoter’s satisfaction, the affected entry will be deemed ineligible. Promoter reserves the right to modify, extend, suspend, or terminate the Competition if it determines, in its sole discretion, that the Competition is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Promoter’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Competition as contemplated herein. In the event an insufficient number of eligible entries are received and/or Promoter is prevented from awarding prizes or continuing with the Competition as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Promoter’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Promoter shall have the right to modify, suspend, or terminate the Competition. If the Competition is terminated before the designated end date, Promoter will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Terms and Conditions will be awarded. If for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Terms and Conditions, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Terms and Conditions cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Promoter. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

DISPUTE RESOLUTION/CHOICE OF LAW

TO THE EXTENT PERMITTED UNDER STATE-BASED LOTTERY LEGISLATION, ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR PROMOTER IN CONNECTION WITH THE COMPETITION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF NEW SOUTH WALES WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

 

TAMPERING OR INTERFERENCE

ANY ATTEMPT BY ANY INDIVIDUAL OR GROUP TO DELIBERATELY DAMAGE THE COMPETITION WEBSITE OR ANY OTHER WEBSITE OF PROMOTER, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

PROMOTER RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS OR OTHERWISE INTERFERES WITH THE COMPETITION.

 

PRIVACY POLICY

Please see Promoter’s privacy policy posted at

https://vsp-australia.com.au/static/aboutsite/privacy_policy.html regarding the use of personal information collected in connection with this promotion.

 

CONTACT
Inquiries related to signing up for Competition should be directed to Matthew Walter at mwalter@genop.com.au

 

 

 

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