Michael Hill Bourke St Store Opening
Win a Diamond Pendant Promotion Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions or Michael Hill’s Privacy Collection Statement, please notify the Promoter so that your entry can be withdrawn.
2. The Promoter is Michael Hill Jeweller (Australia) Pty Ltd ACN 003 181 333 of 7 Smallwood Place, Murarrie Queensland 4172.
3. Entry is open to entrants aged 18 years or over. However, employees and their immediate families of the Promoter or of any of the Michael Hill group of companies are not eligible to enter.
4. The promotion commences on Friday 12th August 2016 at 00:01 (AEST) and concludes on Sunday 14th August 2016 at 18:59 (AEST) (Promotion Period). Late entries will not be accepted.
5. The promotion will be advertised in store and online.
6. Michael Hill will run the Competition at the Michael Hill store at the corner of Bourke and Swanston Street (the ‘Bourke St Store’). The Competition will involve the distribution by Michael Hill of approximately 1,000 replica diamonds (‘Replicas’) to individuals who are nearby to Bourke St Mall in the Melbourne CBD. Three (3) of the Replicas will be coded with the words ‘WINNER’, visible only with a jeweller’s loupe. Receipt of one of those 3 Replicas may entitle the recipient to win a Prize, subject to the conditions set out below.
7. To enter the competition and create an “eligible entry”, you must, before the Closing Date:
- a) take a Replica received from a Michael Hill representative during the Competition Period to the Bourke St Store; and
- b) ask a sales assistant at the Bourke St Store (“the Promoter’s representative”) to inspect the Replica with a jeweller’s loupe to see whether it is coded with the word ‘WINNER’.
- c) Provide the Promoter’s representative with the Mandatory Information. This information will be used to identify the prize winners, as an entry into the second chance draw set out in paragraph 27, and also as further described in these terms and conditions.
After you have entered the Competition you may request a voucher which will entitle you to 10% off your next purchase at the Bourke St Store (a ‘Discount Voucher’). The Discount Voucher will be valid until 31st October 2016. Use of the Discount Voucher is subject to any additional terms and conditions notified on this voucher. Only one voucher will be provided per person.
Michael Hill is not responsible if an individual receives a Replica, but fails to enter the Competition through the process set out in this paragraph 7, nor is Michael Hill responsible for any failure by any Michael Hill representative to reveal a coded Replica. Although Michael Hill representatives will endeavour to ascertain eligibility in line with paragraph 3 at the time they distribute the Replicas, receipt of a Replica does not make an entrant eligible to enter the Competition if that person is not eligible under paragraph 3 above.
8. For an entry to be valid, the entrant must provide the Promoter with the following details, your name, postal address, date of birth, email address, postcode, daytime telephone number and/or mobile number (“Mandatory Information”). If you do not supply all of the Mandatory Information, your entry will be deemed invalid.
9. If the Replica is inspected and is coded with the word “WINNER’, the entrant is entitled to one of the three named prizes in paragraph 16 below.
10. The prizes will be distributed in the order they are listed in paragraph 16 below. The first entrant to provide an eligible entry and a Replica coded “WINNER” will be issued prize a), the second will be issued prize b) and the will be issued third prize c). These prizes will be given to the eligible entrant whilst they are in store on the day they have produced the “WINNER” coded Replica and eligible entry.
11. Entrants in the Promotion may only enter once during the Promotion Period, subject to meeting the Eligibility Criteria, providing the Promoter with the Mandatory Information and complying with these Terms and Conditions. If any single individual comes into possession of more than one Replica, only the first Replica will be considered for an entry into the Competition, and will entitle the entrant an entry into the Second Chance Draw (if that person is eligible to enter the Competition), if it is not found to be coded, and only the first Replica will entitle the entrant to receive a Discount Voucher. If you are not an Initial Winner, you may submit one entry only into the Second Chance Draw. Multiple entries by a single entrant will be deemed void.
12. The Promoter reserves the right, at any time, to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim the Prize. Proof of identification, 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 forfeit the prize in whole and no substitute will be offered.
13. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this paragraph.
14. 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 is final and no correspondence will be entered into.
15. Entries must be received prior to the end of the Promotion Period by Sunday 14th August 2016 at 23:59 (AEST). The time of entry will in each case be the time the Mandatory Information is provided to the Promoter’s representative. The Promoter accepts no responsibility for any late, lost or misdirected entries for any reason.
16. There are three (3) prizes to be won consisting of:
- a) 1 x Designer Fashion Tanzanite and Diamond Pendant (SKU 14279492), with a retail value of approximately AUD$2699 (a ‘Prize’).
- b) 1 x Everlight Diamond Pendant (SKU 12916771), with a retail value of approximately AUD$1199 (a ‘Prize’).
- c) 1 x Infinitas Diamond Pendant (SKU 13002510), with a retail value of approximately AUD$1099 (a ‘Prize’).
The Prize cannot be transferred or redeemed for cash.
17. The Prize value is based upon the recommended retail price at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in Prize value between now and the ultimate prize redemption date.
18. Unless expressly stated in these Terms and Conditions all other expenses (including insurance, travel to and from the store of purchase) become the responsibility of the winner.
19. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to any applicable State Regulation.
20. The Promoter reserves the right to refuse to allow the winner to take part in any or all aspects of the Prize, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the Prize or any Promotion publicity activity. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its absolute discretion.
21. Once the Prize has left the Promoter’s premises, the Promoter takes no responsibility for Prize being damaged, delayed or lost in transit.
22. By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the Prize, including but not limited to, being interviewed, photographed and filmed.
23. In consideration for the Promoter awarding the Prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the Prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.
24. In consideration for the Promoter awarding the Prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Michael Hill or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
25. If applicable, in the event that, for any reason whatsoever, a winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the Prize.
26. Independent financial advice should be sought as tax implications may arise as a result of accepting the Prize.
27. Each valid entrant who has entered the Promotion over the duration of the Promotion Period will be permitted to enter into the second chance draw by providing the Promoter’s Representative with the Mandatory Information. One (1x) valid entrant for each unclaimed prize will be drawn at random to become the winner by Michael Hill. The draw will take place at the Bourke St Store, on Monday, 15 August 2016 09:00 (AEST).
28. The unclaimed prizes will be awarded in the order they are described in paragraph 16. If there are no unclaimed prizes there will be no second chance draw.
29. The winners of the second chance draw will be notified in writing within 2 days of each draw. The winners will be published online at the URL www.michaelhill.com.au/winners within one week from the 15 August 2016.
30. The prizes from the second chance draw will be available for collection from the Michael Hill Bourke St store or an alternative Michael Hill store by arrangement with Michael Hill, and such collection must be made by 6.00pm AEST on 29 August 2016, or the Second Chance Winner will forfeit the Prize, in which event Michael Hill will select another Second Chance Winner by random draw (in accordance with the process set out in paragraphs 27 to 29 applying to such Second Chance Winners).
31. Prize will be awarded to person named in the entry.
32. Should an entrant’s contact details change during the Promotion Period, 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 Promoter.
33. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Promotion result.
34. It is a condition of accepting the Prize that the winner must comply with all the prize supplier’s requirements.
35. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
36. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion 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.
37. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions (including without limitation not provided the Mandatory Information), has not met the Eligibility Criteria, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
38. The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
39. By entering this Promotion, the entrant warrants that:
a) the details provided to the Promoter are true and correct; and
b) he or she has all necessary rights to enable the entrant to accept these Promotion Terms and Conditions and grant the rights contained in these Promotion Terms and Conditions to the Promoter.
40. The entrant agrees to indemnify the Promoter against any loss, damage or claim for compensation resulting from the entrant’s breach of any of the warranties contained in paragraph 38.
41. If for any reason this Promotion 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 this Promotion, 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 Promotion, subject to any direction given under State Regulation.
42. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this Promotion. In order to enter this Promotion, each entrant agrees to the terms of the Promoter’s Privacy Collection Statement http://www.michaelhill.com.au/privacy
which governs the collection of personal information for this Promotion.
43. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant.
44. The organisation that requested your consent is Michael Hill Jeweller (Australia) Pty Ltd (ACN 003 181 333), 7 Smallwood Place, Murarrie Q 4172, www.michaelhill.com.au, Ph 1800 445 590.
45. Michael Hill International Limited and other Michael Hill related companies may also send you direct marketing messages on behalf of Michael Hill Jeweller (Australia) Pty Ltd.
Privacy Collection Statement under the Privacy Act 1988
or on request from the Promoter) and the following Privacy Collection Statement:
- a. the Promoter is Michael Hill Jeweller (Australia) Pty Ltd (ACN 003 181 333). You can contact us at firstname.lastname@example.org or write to us at 7 Smallwood Place, Murarrie Q 4172;
- b. the Promoter may use the details it collects from you, including any email address you give to us, in relation to your participation in the Promotion, for your entry into the Promotion, any promotional and publicity purposes and to send you information and direct marketing communications about our products, services, events, offers or any other activities (including third party products, services, offers and events) which we consider may be of interest to you;
- c. some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the Mandatory Information (as outlined in paragraph 8 of the Terms and Conditions) you will not be able to enter the Promotion;
- d. we may disclose the information provided in accordance with your entry into this Promotion to third parties that are related to or affiliated with the Promotion, such as the Participating Stores and GE Capital Finance Australia;
- f. it is possible that some of the information collected via this form may be disclosed to our IT service providers who may utilise data hosting facilities outside of Australia or other third parties that assist Michael Hill in providing its products and services to you, and you consent to your information being disclosed to a destination outside Australia for this purpose, as otherwise set out in our Cross Border Disclosure Table http://www.michaelhill.com.au/cross_border_table.html and you understand and acknowledge that Australian Privacy Principle 8.1 will not apply to such disclosures of your personal information.