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“PUMP SOCIAL” PROMOTION

TERMS AND CONDITIONS 

 

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 
  2. Entry is only open to Australian residents (excluding residents of ACT) aged 18 years or over. 
  3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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, step-sister or 1st cousin.  
  4. Entries into the promotion open on 01/04/2024 and close at 11:59pm AEST 30/04/2024 (“Promotional Period”). 
  5. This promotion will be promoted via Facebook and Instagram. To be eligible to enter, individuals must see a promotional post and click on the link to be directed to the promotional entry page. To enter, individuals must then complete the entry form in full and submit the entry form during the Promotional Period. Each promotional ad featured on either Facebook or Instagram will depict a specific Pump Haircare Pack, either ‘Curly Girl Method’, ‘Ultimate Blonde’, ‘Repair Your Hair’, ‘Ultimate Thickening’ or ‘Growth’. Individuals will be entered into the draw relevant to the Pump Haircare Pack that was promoted on the ad that they clicked on and entered through. For example, if an individual sees a Facebook ad that features the ‘Curly Girl Method Pack’ and they click on the ad and submit an entry, they will be entered into the draw to win the ‘Curly Girl Method Pack’. 
  6. Only one (1) entry is permitted per person. 
  7. 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 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, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's 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 legal rights to recover damages or other compensation from such an offender are reserved. 
  8. Incomplete or indecipherable entries will be deemed invalid. 
  9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 
  10. Entries will be divided into five (5) groups according to the Pump Haircare Pack associated with their entry (each a “Group”). There will be one (1) draw for each Group for a total of five (5) draws for this promotion. All draws will take place at Affinity, 15/50 Stanley Street, Darlinghurst NSW 2010 at [3:00PM] AEST on [01/05/2024]. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing by email within seven (7) days of the draw.  
  11. The Promoter’s decision is final and no correspondence will be entered into. 
  12. The first five (5) valid entries drawn in each Group will win the relevant Pump Haircare Pack associated with their entry as follows: 
    1. 5x Pump Curly Girl Method Packs valued at $159 
    2. 5x Pump Ultimate Blonde Packs valued at $199 
    3. 5x Pump Repair Your Hair Packs valued at $159 
    4. 5x Pump Ultimate Thickening Packs valued at $199 
    5. 5x Pump Growth Packs valued at $169 
  13. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.  
  14. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 
  15. Total prize pool value is $4,425.   
  16. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.  
  17. A draw for any unclaimed prizes may take place on [03/06/2024] at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified in writing by email within seven (7) days of the draw.
  18. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 
  19. If this promotion 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 the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 
  20. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.  
  21. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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 promotion. 
  22. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised 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 the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize. 
  23. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://pumphaircare.com/policies/privacy-policy.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose and store PI outside of Australia, see the Privacy Policy for more details. 
  24. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Terms of Service, which can be viewed at https://www.facebook.com/legal/terms or Instagram Terms of Use, which can be found at http://instagram.com/about/legal/terms. 
  25. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. Facebook or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
  26. The Promoter is Pump Haircare Pty Ltd (ABN 86 157 791 467) of 5B Gibbs Street, Chatswood, NSW 2067.