TERMS & CONDITIONS

1. Information on how to enter the Competition and the entry registration process forms part of these terms and conditions of entry and is the property of the Promoter. Entry into the Competition is deemed acceptance of these terms and conditions.

2. The name of the competition is the “Instagram – International Friendship Day, win 2x$200 gift cards”.

3. The Promoter of the Competition is Luxottica Retail Australia Pty Ltd (ABN 26 000 025 758) of 75 Talavera Road, Macquarie Park NSW 2113 (“the Promoter”).

4. To enter the Competition, entrants at the time of entering must be over the age of 18, legal residents of Australia or New Zealand.

5. The Competition will commence on 30 July 2020 9am AEST and entries will close at 6 August 2020 5pm AEST (“the Competition Period”).

6. To enter the Competition, Eligible Entrants must follow the OPSM Instagram page (@opsm) and ‘like’ the competition post. During the Competition Period must upload an image of them and a friend, tagging their friend and @OPSM or #OPSM and tell us in 25 words or less what you love about them. Eligible Entrants’ Instagram profiles must be set to public.

7. Eligible Entrants are permitted to submit unlimited entries during the competition period.

8. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. All inaccurate and/or incomplete entries will be deemed invalid.

9. This Competition is a game of skill, chance plays no part in determining the winner and each valid entry will be individually judged by representatives of the Promoter on the basis of originality and creativity.

10. The one (1) most original and creative entry as judged by the Promoter will win two $200 OPSM gift cards, in AUD or NZD depending on where the winner is based. OPSM will announce two (2 – the winner and their tagged friend will receive the prize) winners on 7 August 2020 AEST.

11. The prize is valued at up to $400 including GST [1 prize and to a total value of $400]. Prize is not transferable and cannot be redeemed for cash. Prize must be taken as described and no compensation will be payable if the winner is unable to use the prize as described.

12. The Winners will be notified by Instagram direct message by close of business on the 7 August 2020. In the event that for any reason whatsoever the Winner does not respond to the prize notification by 5:00pm (AEST) on 10 August 2020, then the prize will be forfeited by the Winner. The unclaimed prize will go to the next best valid entry as judged by the Promoter on the 11 August 2020 and they will be notified by Instagram direct message.

13. All entries become the property of the Promoter. Each entrant warrants that he/she has the right to transfer these rights to the Promoter, and that each submitted entry does not infringe the rights of any third party.

14. Each entrant warrants and represents that his/her entry to the Competition:
a. is comprised of the entrant’s sole and original work and that any consents or approvals required from any third party in respect of the entry have been obtained;
b. does not contain any computer viruses or any other harmful code of any kind;
c. does not infringe the intellectual property or other rights of any entity and that use of the entry by the Promoter as contemplated by these terms and conditions will not infringe the intellectual property or other rights of any entity; and
d. does not contain or link to any material which may in any way bring the Promoter or its related entities into disrepute, including any content which is sexually explicit or indecent, depicts dangerous or illegal acts, contains confidential information or personal information belonging to others or any content of any kind whatsoever which is unlawful, harmful, threatening, harassing, defamatory, misleading or otherwise objectionable.

15. Each entrant licenses and grants the Promoter, its related entities and affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any entries (or part thereof) for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants further agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
The Promoter is not responsible for any error, deletion, defect, delay, unauthorised access to, or alteration or non-receipt of an entrant’s communications or entries.

16. The Promoter’s decision in relation to any aspect of these terms and conditions and the Competition is final and binding on every person who enters. No correspondence will be entered into.

17. Each entrant warrants that they have the consent of any recognisable person displayed in entry and that such person accepts that the entry will be treated in accordance with these terms and conditions.

18. The Promoter reserves the right to request winners to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry in order to claim a prize. Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will be disqualified and will forfeit the prize in whole and no substitute will be offered. Unless otherwise nominated, the winner’s prize will be sent to the address held by the Promoter for the entrant.

19. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

20. Once prizes have left the Promoter’s or its agent’s premises, no responsibility is accepted for prizes damaged, delayed or lost in transit and after they are released to the winners. All prices stated are in Australian dollars and include GST.

21. Should an entrant’s contact details change during the Competition, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

22. The: (a) Promoter, the Promoter’s related entities and all agencies associated with the Competition; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph (a) above, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia. Without limitation on the foregoing, the Promoter is not responsible or liable for any costs, loss or damage arising out of any incorrect or inaccurate information, or information provided by the entrant, any variation in prize value to that stated in these Terms and Conditions, any tax liability incurred by a winner or entrant, any costs whatsoever associated with use of the prize or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

23. If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under applicable regulation and, where necessary, with the approval of the relevant lottery authority.

24. In the event that the prize item is unavailable despite the Promoter’s reasonable endeavours to procure it, the Promoter reserves the right to substitute a different prize of equal or greater value.

25. Any costs associated with entering the Competition are the responsibility of the entrant.

26. Collection, use and disclosure of information: The Promoter (“we”, “us”) collects the information that the entrant (“you”) choose to provide to us for the purpose of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion). For websites you visit in connection with us, the collection, use and management of your personal information while visiting the websites may be governed by additional privacy policies and terms and conditions. You should consult the website and its host for more details. If you have any questions in relation to privacy, or to access, update and/or change your personal information or to obtain a copy of the Promoter’s privacy policy, please contact us at the address given below or by emailing customer.care@luxottica.com.au during business hours.

27. The Promoter is Luxottica Retail Australia Pty Ltd (ABN 26 000 025 758) of 75 Talavera Rd, Macquarie Park NSW 2113.

28. Prizes and participation in the Competition are subject to any conditions imposed by the supplier or organiser of the prizes, as applicable. Without limiting any other paragraph in these terms and conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness for any purpose of any element of the prize, or the failure of any element of the prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter is the minimum allowable by law.

29. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by or associated with any other social media platform whatsoever. Any information provided as part of the Competition is provided to the Promoter and not to the relevant social media platform. Entry into the Competition is deemed acceptance of the terms and conditions of any relevant social media platform. Entrants completely release any relevant social media platform from any and all liability in connection with this Promotion.

30. Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this Competition.

31. The Competition is governed exclusively by the laws of NSW, Australia.