BEYSIS AUGUST AIRPODS GIVEAWAY
TERMS & CONDITIONS
- The promoter of the AirPods Giveaway (“Giveaway”) is Say It With Polish Pty Ltd trading as Beysis (ABN 81 601 218 179) of Suite 308 / 50 Holt Street, SURRY HILLS NSW 2010 (“Beysis”).
- Information on how to enter the Giveaway and the Prize form part of these terms and conditions (“Terms and Conditions”). Participation in this Giveaway is deemed as acceptance of these Terms and Conditions.
- The Giveaway commences at 12.01am Australian Eastern Standard Time (“AEST”) on 27 July 2020 and final entries close at 11.59pm Australian Eastern Daylight Savings Time (“AEDST”) on 31 August 2020 (“Giveaway Period”).
- Entry is only open to Australian residents aged 18 years or over (“Eligible Entrants”).
- These Terms and Conditions are based on Australian laws only and there will be no consideration of the law in the Entrant’s usual place of residence. Employees of Beysis, Beysis’ associated companies, Beysis’ agencies associated with this Giveaway and their immediate families are ineligible to enter the Giveaway. Immediate family means any of the following:spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother or step-sister.
HOW TO ENTER
- To be eligible to enter the Giveaway, Eligible Entrants must:
i. purchase any full priced product from the website https://www.beysis.com during the Giveaway Period; and
ii. have a genuine Instagram account and follow Beysis’ Instagram account @beysisofficial.
- Each purchase transaction gives the Eligible Entrant one entry in each individual competition draw.
- Beysis reserves the right, at any time, to verify the validity of entries,(including an Eligible Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who Beysis has reason to believe has breached any of these Terms and Conditions, failed to comply with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Giveaway.Errors and omissions in an entry may be accepted at Beysis's discretion. Failure by Beysis to enforce any of its rights at any stage does not constitute a waiver of those rights. Beysis's legal rights to recover damages or other compensation from such an offender are reserved.
- If there is a dispute as to the identity of an Eligible Entrant, Beysis reserves the right, in its sole discretion, to request proof to validate the identity of the Eligible Entrant. In the event that an Eligible Entrant cannot provide suitable proof, their entry is deemed disqualified.
- Beysis accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
- The total Prize pool consists of 5 new, genuine Apple AirPods with charging case (each one a single “Prize”), 1 to be given away each week during the Giveaway Period.
- Apple is not a participant in or sponsor of this Giveaway.
- Each Prize is not transferable or exchangeable for cash or any other good or service.
- All entries received from Eligible Entrants during the Giveaway Period which comply with Clause 6, will be eligible to win a Prize (“Valid Entry”).
- Each Monday at 12.00pm during the Giveaway Period, Beysis will randomly select a Valid Entry to win a single Prize. The draw will take place at Beysis Head Office, Suite 308, 50 Holt Street, SURRY HILLS 2010.
- The Winner will be notified via email and announced on the social media platform, Instagram within two (2) business days of the decision.
- In the event that the Winner cannot be contacted and the Prize remains unclaimed by close of business each Wednesday during the Giveaway Period, Beysis may select an alternate winner of the Prize, subject to any written directions from any relevant regulatory authority. The winner will be notified via email and announced on the social media platform Instagram within two (2) business days of the revised determination.
- If for any reason a Winner does not take a Prize by the time stipulated by Beysis, then the Prize will be forfeited.
- As a condition of accepting a Prize, the Winner (and their companions) must sign any legal documentation as and in the form required by Beysis in their absolute discretion including but not limited to a legal release and indemnity form. If for whatever reason the Winner does not agree to sign such documentation, then he or she will forfeit the Prize.
- By submitting a Valid Entry, the Eligible Entrant waives any legal or moral intellectual property rights in the Valid Entry created for the Giveaway. The intellectual property in all content generated in connection with the Giveaway shall be the property of Beysis and can be used by Beysis in any manner that it deems fit, including using a Valid Entry and the Eligible Entrant’s identity in connection with the marketing and Giveaway of Beysis’ business across digital, social and print media.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or applicable consumer protection laws in the States and Territories of Australia. Except for any liability that cannot by law be excluded, Beysis (including its respective officers, employees and agents) excludes 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 the Giveaway, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Beysis’ control); (b) any theft, unauthorized access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Beysis) due to any reason beyond the reasonable control of Beysis; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by the Winner or Eligible Entrant or (f) taking and/or use of a Prize.
- If this Giveaway is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Beysis, including but not limited to technical difficulties, unauthorised intervention or fraud, Beysis reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Giveaway, as appropriate.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Beysis’ ability to proceed with the competition 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, Beysis may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under relevant state or federal laws.
- Beysis and their 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.
- Any cost associated with accessing the website(s) or social media platforms related to this Giveaway is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
- Liability for any tax arising out of participation in this Giveaway (including acceptance of a Prize) is the sole responsibility of the Entrant. Entrants should seek independent financial advice in this regard.
- Beysis is not responsible for any tax consequences to an Eligible Entrant for accepting a Prize included in this Giveaway.
- Beysis’ decision is final and no correspondence will be entered into.
- By entering the Giveaway, the Winner agrees to the use of their name in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Beysis.
- If there is any inconsistency between these Terms and Conditions and anything other materials, marketing or otherwise, that refers to this Giveaway, these Terms and Conditions shall prevail.
- Eligible Entrants submit to the exclusive jurisdiction of the courts of New South Wales.