These Terms and Conditions and any other provisions referred to herein (the “ Conditions ”) govern your entry into the “You Beauty Trial & Review program” (the “ Trial ”) as organised by Mamamia.com.au Pty Ltd (ABN 63 105 572 192), Level 18, 100 William Street, Woolloomooloo, NSW, 2011 (“the Publisher ”).
1. Definitions
Participant means any eligible person, according to section 2 of these Conditions, who enters the Trial in accordance with section 2 of these Conditions.
Publisher means Mamamia.com.au Pty Ltd (ABN 63 105 572 192), Level 18, 100 William Street, Woolloomooloo, NSW, 2011 .
Product means Beauty, hair, makeup or related item to be provided to Participant for the purpose of trialing and reviewing.
Entry means application by the Participant to participate in a Trial and provide a Review
Review means written, photographic or audio material provided by the Participant to the Publisher to give information about Participant’s use and opinion of the Product
Conditions means These Terms and Conditions and any other provisions referred to herein.
Website means www.mamamia.com.au
2. Conditions of Entry
1. Entry to this Trial constitutes acceptance of these Conditions of Entry.
2. Participants must be at least 18 years or older.
3. Entries are open to residents of Australia.
4. Participants sign up to this Trial by:
a) Going to the Website at the nominated page;
b) Completing all requested information on the sign up form.
5. Participants warrant that they will comply with all other applicable requirements during the Trial, including providing a Review of the Product in the format requested by the Publisher.
6. Entries that are incomprehensible or incomplete will be deemed invalid and will not receive a Product.
7. Participants will receive one Product for each successful Entry.
8. Automated and/or computer generated Entries or Entries that are incomprehensible or incomplete will be deemed invalid.
9. Entries will be deemed to have been received at the time of receipt by the Publisher and not at the time of transmission by the Participant.
10. Ineligible or late Entries will be deemed to be invalid. No responsibility is accepted by the Publisher for late, lost, misdirected, ineligible or illegible / inaudible entries (including lost, stolen, forged, defaced or damaged Entries).
11. It is the responsibility of the Participant to notify the Publisher of any changes to their address or contact details before the Product is posted.
12. Once submitted, no changes to or withdrawal of an Entry will be permitted.
13. By submitting a Review, the Participant warrants that all Review content will be their original work and/or that the Participant has all relevant permissions from the copyright owner to include their copyright in the Review and that permission entitles the Publisher to use the Review in accordance with these Conditions.
14. The Participant acknowledges and agrees that by submitting a Review, each Participant assigns all rights, including but not limited to copyright, in the Review to the Publisher and consents to the Publisher using the Review at its discretion in any manner, including by editing, modifying, removing, adapting or publishing the Review in whole or in part, by way of all media, without payment to the Participant of royalties, compensation or otherwise.
15. The Participant acknowledges and agrees that by submitting an Entry, each Participant consents to any dealings with the Entry that may otherwise infringe their moral rights in the Entry.
16. The Participant acknowledges and agrees that the Publisher will not return the Entry or Review.
17. An Entry or Review must not include:
a) Any content that depicts another person without that person’s express consent, and if that person is a minor, the consent of that minor’s parent or guardian; and
b) Any content that contravenes any law, infringes the rights of any person or is potentially offensive, obscene, defamatory, discriminatory, indecent or otherwise objectionable.
3. General Conditions
1. All decisions and actions of the Publisher in relation to the Trial are at the absolute discretion of the Publisher and are final and the Publisher is not obliged to negotiate or discuss any decisions or actions taken with Participants or any other person.
2. The number of Participants receiving Products is to the discretion of the Publisher.
3. Subject to state regulations and/or approval from any relevant authority if required, the Publisher may vary the terms of, or amend, suspend or terminate this Trial at any time, at its absolute discretion, without notice to the Participants and without liability to any Participant or other person and will not be obliged to provide the Product.
4. Distribution of the Product is performed by the provider of the Product, not the Publisher. Product will only be sent to Australian addresses.
5. The Publisher and/or its representatives may conduct security and/or verification checks in their absolute discretion to determine the bona fides of a Participant’s eligibility to enter the Trial.
6. By agreeing to enter the Trial and completing a review, Participant’s consent to their first and last name and Review (or extract of their Review) being broadcast online or communicated to the public in any medium, for purposes related to the Trial, by the Publisher or any third party connected with the Trial.
7. The Publisher may, in its sole discretion, declare any or all Entries invalid, and/or prohibit further participation by a Participant in this Trial or any other trial or promotion held by the Publisher if the Participant:
a) Disrupts, abuses, threatens, harasses or attempts to do any of these things to the Publisher, another Participant or potential Participant or anyone else associated with the Publisher;
b) Engages in conduct that is misleading, deceptive, fraudulent or damaging to the Publisher’s goodwill or reputation;
c) Fails to comply with any reasonable requests or guidelines in relation to the Trial; and/or
d) Fails to comply with these Conditions.
4. Disclaimer
1. These Conditions do not exclude, restrict or modify any rights of a Participant under Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Publisher, including but not limited to a statutory guarantee that any services provided by the Publisher will be rendered with due care and skill and that any goods will be of acceptable quality.
2. Notwithstanding section 6 a. to the extent it is permitted by law to do so, the Product is provided “as is” and the Publisher makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality, suitability and fitness for a particular purpose of the Product provided under these Conditions and will not be responsible for breach of any such implied terms.
3. Without limiting this disclaimer, the participant acknowledges that there may be inherent risks involved in participating in this Trial or using the Product and a Participant’s reliance upon the Product or information obtained through their participation in the Trial is entirely at their own risk and takes full responsibility for any such risk/s. The Publisher disclaims any liability arising from such use.
4. The Publisher does not purport to be an expert in skin or hair and the provision of the Product or any information during the course of the Trial is for general information and promotional purposes. The Publisher and its agencies and representatives are not providing professional or expert advice specific to individual skin, hair or health concerns.
5. No responsibility is taken by the Publisher for any adverse effects or unexpected or unsatisfactory reactions or results in relation to the Product.
5. Liability Exclusion
1. The Participant acknowledges and agrees that the Publisher and its agencies and representatives associated with the Trial will not be liable:
a) For any error, technical malfunction, problem, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or other prevention of the Participant from successfully applying for or participating in the Trial, any injury or damage to a Participant’s (or any other person’s) computer related to or resulting from participation in the Trial;
b) If for any reason beyond their reasonable control the Product or any portion of the Product is not provided.
c) For any damage to or delay in delivery of the Product; and
d) For any injury, harm, wrongful death, loss or damage, of any nature whatsoever, whether direct, indirect, special or consequential, which is suffered or sustained as a result of or in connection with participating in the Trial, receiving the Product or using the Product, except for any liability which cannot be excluded by law, in which case liability is limited to the minimum amount allowable by law.
2. To the extent available at law, Participants release and hold harmless the Publisher and its agencies and representatives from all claims, demands, suits, liabilities, losses or damages (“ Claims ”) arising out of or in connection with any injury, harm, wrongful death, loss or damage, of any nature whatsoever, whether direct, indirect, special or consequential, which is suffered or sustained as a result of or in connection with participating in the Trial, receiving the Product or using the Product, whether or not the aforementioned entities had knowledge of or were advised of the possibility of such Claims.
3. Participants release Facebook and its associated companies from all liability arising in respect of the Trial and acknowledge that: (a) the Trial is in no way sponsored, endorsed or administered by, or associated with, Facebook; (b) any information provided by the Participant in connection with the Trial is provided to the Publisher and not to Facebook and (c) any questions, comments or complaints regarding the Trial will be directed to the Publisher, not to Facebook.
6. Your Information
1. The Publisher requires the Participant’s personal information in order to conduct the Trial.
2. By entering the Trial, you agree to the Publisher collecting, storing and using your personal information:
a) for the purpose of conducting the Trial, including providing your personal information to the Publisher’s related bodies corporate, contractors, agencies and third parties directly associated with this Trial and to relevant authorities in the Relevant States;
b) in advertisements, publications, media statements and other promotional material directly associated with the Trial; and
c) for the Publisher’s other marketing purposes, including for contacting you by electronic messaging (email and SMS) in relation to marketing, future promotions, special offers, goods and/or services and other administrative matters.
3. You can obtain a copy of the Publisher’s privacy policy at the following link: http://www.mamamia.com.au/privacy-policy/
7. Miscellaneous
1. Any capitalised terms have the meaning provided for in these Conditions, unless stated otherwise.
2. Participant’s may not use or disclose any information that is confidential (on the notification of the Publisher or that would reasonably be deemed to be information not generally available to the public), including but not limited to information about the management of the Trial.
3. You may direct any questions, concerns or complaints regarding these Conditions by writing to the Publisher at: Mamamia.com.au Pty Ltd, Level 18, 100 William Street, Woolloomooloo, NSW, 2011 .