Competition Terms & Conditions

Competition

WITCHERY WIN a $1,000 Gift Card For You and a Friend (“Competition”)

Competition Forum

Witchery official Instagram @witcheryfashion via competition post.

Competition Period

Start: 7am Wednesday 13 November 2024 (AEDT)
End: 11:59pm Wednesday 20 November 2024 (AEDT)

Eligible Entrants

Entry into this Competition is only open to persons who are:

• Australian or New Zealand residents; and
• Liked Witchery’s official competition post; and
• Tagged a friend in Witchery’s official competition post comments; and
• follow @witcheryfashion at the time of draw. (“Entrant”)

Ineligible Entrants

• Directors, management, officers, employees and contractors of the Promoter and associated agencies, retailers, suppliers and companies, and their immediate families.
• For the purposes of this clause, “immediate families” includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household as the director, manager, officer, employee or contractor.

How to Enter

• This Competition is an authorised game of chance.
• Entrants must enter via the below steps:
• Like Witchery’s official competition post; and
• Tag a friend in Witchery’s official competition post comments; and
• Follow @witcheryfashion
• Each Eligible Entrant who completes the entry mechanism will be entered into the draw to win 2 x $1,000 (AUD) Witchery gift cards for themselves and a friend.

Limits of Entry

• Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
• An Entry must not be late, incomplete or incomprehensible or contain any content that infringes the rights (including intellectual property rights) of any person or is unlawful, obscene, offensive, defamatory, discriminatory, libellous, pornographic, or otherwise objectionable or inappropriate, or capable of violating any law or giving rise to any civil liability.

Judging Criteria

• This Competition is a game of chance and skill plays no part in determining the Winners.
• The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

Prize Draw

This Competition is a game of chance.

A draw of all valid Entries received within the Competition Period will be drawn at the Promoter’s head office at Building 2, 572 Swan Street, Burnley VIC, 3121 by 10am AEDT on Thursday 21 November 2024. Entry will be drawn at random using a random number generator.

Prize Details

• One winner will receive 2 x $1,000 Witchery gift cards once confirming their best postal address. Gift cards will be valid for three years from issuing date.
• The total prize pool is valued at $2,000 AUD

Notification of Winners

• The Grand Prize Winner will be notified via Instagram by 10:30 AEDT on Thursday 21 November 2024 of their success and will be directed to email the Promoter with any details required to deliver the Grand Prize.
• The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.

Second Chance Draw

• The Promoter reserves the right to appoint a new Winner if a Winner cannot be contacted within 7 days or if the Prize cannot be redeemed by a Winner.
• This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.

Permit Numbers

N/A

Promoters

Witchery Fashions Pty Ltd of Building 2, 572 Swan Street, Burnley, Victoria 3121 (ABN: 70 006 897 230) (“Promoter”)

The promoter can be contacted at:
Email: customerservice@witchery.com.au
Text: SMS 0488 886 052

Prize Limitations

• The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize, or element of it, of equal or greater value.
• The Winners must be ready, willing and able to receive and/or participate in the Prize as required by these terms and conditions.
• The Grand Prize will only be valid and able to be redeemed within 1 year from the date of the Grand Prize being issued, and may only be redeemed in accordance with the Promoter’s standard terms and conditions relating to Witchery Rewards, available at https://www.witchery.com.au/help/loyalty-terms-and-conditions.
• Rewards can only be redeemed via witchery.com.au, witchery.co.nz or in a Witchery retail store or outlet. Rewards can be redeemed at selected David Jones stores but cannot be redeemed online at davidjones.com.au.
• Rewards have no cash value and may not be transferred or exchanged for cash.
• Once awarded, the Promoter is not liable for any gift card/voucher that has been lost, stolen, forged, damaged or tampered with in any way.

Intellectual Property

• Upon Entry, all Entries and content contained in those entries become the property of the Promoter. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter.
• The Promoter has the right to modify, adapt or alter the design and use the Entry (whether in original or modified form, in whole or in part) across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
• By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights.
• The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
• The Promoter reserves the right to verify, or to require the Entrant to verify, that the Entry is the Entrant’s original work. If an Entry cannot be verified to the Promoter’s satisfaction, the Entry will be disqualified.

Privacy

• The Promoter will collect Entrants’ personal information in order to conduct the Competition and also in order to conduct advertisements, publications, media statements and other promotional material associated with the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at www.witchery.com.au/privacy-policy
• Entrants consent to the Promoter using the Entrant’s name, likeness, image and/or voice in the event that they are a Winner (including photograph, film, file and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any goods or services provided by the Promoter.
• By entering the Competition, the Entrant consents to receipt of information (including via post, phone, email and SMS) regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in. The Promoter may continue to provide the Entrant with this information for an indefinite period unless and until advised otherwise by the Entrant.

Australian Consumer Law

• The Promoter shall not be liable for any loss, damage or injury suffered or sustained as a result of accepting and/or using a Grand Prize in relation to the promotion, except for any liability which cannot be excluded by law.
• Any prize supplied by a third party supplier is subject to the terms and conditions of that third party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third party supplier or otherwise as a result of the winner accepting and/or using the prize, except for any liability which cannot be excluded by law. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
• If in the conduct of this Promotion, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any other commonwealth, state or territory law that cannot be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
• Without limiting the previous paragraph, the Promoter will not be liable for any damage, loss or delay in transit to the prize.

Additional

• This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification.
• Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
• If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
• Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
• These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.

Entry into the Ratings and Reviews competition (“Competition”) is deemed acceptance of these Terms and Conditions. Instructions on ‘How to enter’ also form part of these Terms and Conditions.

For the purpose of these Terms and Conditions, the promoter is Witchery Fashions Pty Ltd ABN 70 006 897 230 of Building 2, 572 Swan Street, Burnley VIC 3121 (“Promoter”).

Entry is open to Australia and New Zealand residents who are 18 years or older and living in Australia or New Zealand (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, "immediate families" of an employee includes his or her spouse, ex-spouse, de facto spouse, child, stepchild, adopted child, parent, stepparent, grandparent, uncle, aunt, siblings, stepsiblings, or first cousin.

The Competition will run monthly until 11.59pm AEST Sunday 15 June 2025 and commences at 9:00am AEST on:

1. Tuesday 4 June 2024 and ends at 11:59pm AEST on Tuesday 2 July 2024 (“Competition Period”).
2. Wednesday 3 July 2024 and ends at 11:59pm AEST on Wednesday 31 July 2024 (“Competition Period”).
3. Thursday 1 August 2024 and ends at 11:59pm AEST on Thursday 29 August 2024 (“Competition Period”).
4. Friday 30 August 2024 and ends at 11:59pm AEST on Friday 27 September 2024 (“Competition Period”).
5. Saturday 28 September 2024 and ends at 11:59pm AEST on Saturday 26 October 2024 (“Competition Period”).
6. Sunday 27 October 2024 and ends at 11:59pm AEST on Sunday 24 November 2024 (“Competition Period”).
7. Monday 25 November 2024 and ends at 11:59pm AEST on Monday 23 December 2024 (“Competition Period”).
8. Tuesday 24 December 2024 and ends at 11:59pm AEST on Tuesday 21 January 2025 (“Competition Period”).
9. Wednesday 22 January 2025 and ends at 11:59pm AEST on Wednesday 19 February 2025 (“Competition Period”).
10. Thursday 20 February 2025 and ends at 11:59pm AEST on Thursday 20 March 2025 (“Competition Period”).
11. Friday 21 March 2025 and ends at 11:59pm AEST on Friday 18 April 2025 (“Competition Period”).
12. Saturday 19 April 2025 and ends at 11:59pm AEST on Saturday 17 May 2025 (“Competition Period”).
13. Sunday 18 May 2025 and ends at 11:59pm AEST on Sunday 15 June 2025 (“Competition Period”).

How to Enter

Entrants may enter the Competition if they receive an email invitation to complete a review of a Witchery product.

To enter, the Entrant must complete and submit a review of a Witchery product as instructed in the email invitation (“Entry”). On submission of a review, the Entry will be automatically entered into the Competition for the relevant Competition Period, The Entrant may enter as many times as they like throughout the Competition Period, receiving one Entry per unique product reviewed.

Prize draws will be conducted at the Promoter’s head office at Building 2, 572 Swan Street, Burnley VIC, 3121. on the first Wednesday following the end of each Competition Period, one winning Entry will be drawn at random using a random number generator at www.randomdraws.com.au from all Entries submitted in the preceding calendar month (“Winning Entry”).

The Entrant who submitted the Winning Entry (“Winner”) will win a $100 Witchery gift card (“Prize”). The value of each Prize is AUD$100 for Australian Winners or NZD$100 for New Zealand winners.

The maximum total value of the Prizes awarded in this Competition is AUD$1200.

The gift card is redeemable online or at Witchery stores in Australia for Australian Winners or in New Zealand for New Zealand Winners. It can be used to pay for purchases up to the value of the gift card or above the value, in which case the recipient needs to make up the difference with an alternate form of payment. The gift card can be partially redeemable; however no monetary change will be issued. Within the validity period of the gift card, any available balance can be used for multiple purchases at any participating store. However, any unused balance will not be refunded or credited on expiry. The gift card is valid for 3 years following the date of issue.

The Winner will be notified via email by 5:00pm AEST on the Friday after their Winning Entry is drawn and their name and state will be posted at www.witchery.com.au/help/terms-and-conditions/competitions. They will be directed to email the Promoter with any details required to deliver the Prize.

The Prize will be delivered to the Winner within one month of receiving their details.

The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.

The Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within two weeks of a draw or if the Prize cannot be redeemed by a Winner. This new Winner will be appointed by conducting a second draw of the eligible Entries for that same calendar month as the original draw, taking place in the same manner and at the same premises as the initial draw on a date to be determined by the Promoter. The new Winner will be contacted and the Prize will be delivered in the same manner as the original draw.

All Prize draws are final and no correspondence will be entered into.

The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize of equal or greater value.

General

An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.

All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.

Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.

By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.

Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to alter the design and use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.

The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.

The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.

Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

Any costs associated with entering this Competition are the responsibility of each Entrant.

The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.

Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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:

• any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
• any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
• any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
• any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
• any tax liability incurred by an Entrant (independent financial advice should be sought);
• participation in this Competition; or
• cancellation of this Competition.

This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).

Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

The Promoter will collect Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at www.witchery.com.au/help/privacy-policy.

By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in.

These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Australia and any court hearing appeals from those courts.

These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.

Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

The Promoter can be contacted at:
Phone: 1800 033 465

Ratings & Reviews Terms of Use

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Witchery (the “CRR Service”).

By submitting any content to Witchery, you guarantee that:

• You are the sole author and owner of the intellectual property rights in the content;
• All “moral rights” that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old;
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

• That is known by you to be false, inaccurate or misleading;
• That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• For which you were compensated or granted any consideration by any unapproved third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Witchery (and its officers, directors, agents, subsidiaries, joint ventures, employees and third–party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Witchery a perpetual, irrevocable, royalty–free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Witchery’s sole discretion. Witchery reserves the right to change, condense, withhold publication, remove or delete any content on Witchery’s website that Witchery deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Witchery does not guarantee that you will have any recourse through Witchery to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Witchery reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Witchery, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Witchery, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.