Eva’s Ultimate Birthday Giveaway Promotion
Terms and Conditions
The Competition is subject to the following terms and conditions:
The following defined terms have the meaning given to that term:
Applicant/s means a person that enters the Competition.
Close Date means 17 September, 2023
Competition means Eva’s Ultimate Birthday Giveaway Promotion.
Competition Period has the meaning given to that term in clause 2(d).
Entry has the meaning given to that term in clause 2(c).
Open Date means 13 September, 2023
Privacy Laws means the Privacy Act 1988 (Cth) and Privacy and Data Protection Act 2014 (Vic) and any applicable regulations.
Prize has the meaning given to that term in clause 4(b).
Prize Date means 18 September, 2022
Promoter, we, us, our has the meaning given to that term in clause 2(a).
2. Participating in the Competition
(a) The Competition is promoted and run by the Eva Sleep Pty Ltd ABN 49 617 062 414 located at 61 Weston Street, Brunswick, Victoria 3056 (Promoter, we, us, our).
(b) By entering and participating in the Competition, you agree to be bound by these Terms and Conditions.
(c) To enter into the Competition, you must follow the instructions on the website at https://eva.com.au/blogs/blog/ultimate-bday-giveaway related to the Eva’s Ultimate Birthday Giveaway Promotion and undertake the relevant activity by the Entry Date (Entry).
(d) The Competition opens on the Open Date and completes on the Close Date (Competition Period). You must submit your Entry into the Competition during the Competition Period to be eligible.
(e) You are, and at all times remain, responsible for any and all expenses or other costs that you may incur by entering into or winning the Competition and agree and acknowledge that you will not be reimbursed whether or not you win the Competition.
3. Who is eligible to enter the Competition
(a) Entries are open to all members of the public who reside in the country of Australia. If the Applicant is under the age of 18, the Applicant’s parent or guardian must consent to the Applicant entering the Competition.
(b) Employees of the Promoter and any agencies associated with this competition (Keoma, Broadsheet, Daily Blooms, July & Card.Gift) are not eligible to enter the Competition.
(c) Any Applicant who, in the opinion of the Promoter, tampers or interferes with the application process in any way, or who does not properly comply with the application process will be ineligible to enter the Competition.
(d) The Promoter reserves the right to exercise its absolute discretion in excluding entries that it considers to be contrary to the law.
4. Winner selection & prize
(a) The winner/s will be selected by the Promoter on the Prize Date. The Promoter reserves the right to select the winner at its absolute discretion.
(b) The Winner/s will be entitled to the prize as set out in the Competition promotion materials or as otherwise advised by the Promoter (Prize). The Prize is non-transferable, non-exchangeable and not redeemable for cash. The Promoter reserves the right to substitute the Prize for another of equal value if the prize is unavailable or unable to be supplied
(c) The Promoter will notify the winner by email or phone that they have been selected as soon as possible after the Prize Date. The winner has 7 days to confirm their acceptance of the Prize in writing, if the winner fails to confirm their acceptance a new winner will be selected by the Promoter, in its absolute discretion.
(d) The Promoter accepts no responsibility for any tax liabilities that may arise from an Applicant receiving the Prize.
5. Publishing, Intellectual Property and Privacy
(a) By participating in the Competition, the Applicant agrees to the Promoter publishing the outcome of the Competition (including the names of the winner/s) and taking and publishing photos, recordings or otherwise of any Entries and / or the Applicants on its social media, website and other media at any time.
(b) The Promoter will at all times holds the title in and ownership of the intellectual property rights in the Entries and any photos, recordings or otherwise of the Entries and / or Applicants for the purposes of promoting the Competition, the Promoter, to use for future promotional purposes or any other purposes. To the extent the Promoter does not own the intellectual property rights in the Entries and any photos, recordings or otherwise of the Entries or Applicants, the Applicant agrees to provide the Promoter a non-revokable, perpetual, royalty-free licence to use or publish the Entries and any photos, recordings or otherwise of any Entries and / or Applicants.
(a) To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct, indirect, special or consequential loss or damage, loss revenue or profit) or personal injury suffered or sustained in connection with the Competition or accepting the Prize.
(b) If, for any reason whatsoever, the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Promoter, the Promoter reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations, including postponing, changing or cancelling the Competition.
(c) The Competition is governed by the laws and jurisdiction of the State of Victoria.
7. Contact us
If you have any queries in relation to any of the above terms and conditions, please contact the marketing team via email at email@example.com.