Colour Pop Giveaway T&C's

Colour Pop Giveaway | Game of Chance - Conditions of Entry

Information on how to enter an advertised promotion, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry by each entrant. Entry is via the Internet only.

Entry is only open to residents of Australia aged 16 years or older. All entrants under 18 years old will require a parent or guardian to enter.

The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. 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.

The advertised promotion commences at 12:01am (AEST) on 14/03/2022 and closes at 11:59pm (AEST) 4/04/2022. The generator to determine the winner will take place on 11/04/2022 at 7pm.

To enter an advertised promotion, eligible Entrants must, during the Promotional Period for that promotion, fully and correctly complete and successfully submit their valid entry in the manner advertised. Eligible entrants must provide all mandatory information required to complete their entry into the advertised promotion. Such information may include, but is not limited to, the Entrant’s @handle, full name, residential address, contact telephone number and current and valid email address. For the avoidance of doubt, if an Entrant fails to successfully submit their Entry in the manner required before the conclusion of the

Promotional Period for that promotion, the Entry will not be inputted into the winner generator as part of the advertised promotion.

Eligible entrants may enter on as many times as they wish for each advertised promotion, unless otherwise advertised. Where multiple entries are permitted, each entry must be substantially unique, must be submitted separately and must independently comply with these Conditions of Entry.

Costs associated with accessing the platform and Promotional Page remain an Entrant’s responsibility and may vary depending on the Internet service provider used.

The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including but without limitation technical malfunctions or failures of the Promotional Page. It is an Entrant’s responsibility to notify the Promoter of any technical malfunction or failure of the Promotional Page and the Promoter will endeavour to remedy the technical malfunction or failure of the Promotional Page in a timely manner.

Entries will be deemed accepted at the time of receipt by the Promoter and/or Promotional Partner and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. Entries must be received by the Promoter or Promotional Partner during the Promotional Period for the applicable advertised promotion. The Promoter accepts no responsibility for late, lost or misdirected entries. Any incorrect information entered by an Entrant via the Promotional Page will deem an entry invalid.

The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

Instagram and/or Facebook membership, applications and use of Instagram and/or Facebook generally is subject to its prevailing terms and conditions of use at instagram.com/legal/terms/# or www.facebook.com/policies (as applicable). The promotion is in no way sponsored, endorsed or administered by, or associated with Instagram and/or Facebook. Entrants understand that they are providing their information to the Promoter or Promotional Partner and not to Instagram and/or Facebook. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram and/or Facebook and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter or Promotional Partner and not to Instagram and/or Facebook.

Entrants acknowledge that their personal Instagram page may be updated by entering the promotion and that their entry their name may be featured on the Promotional Page, and generally on Instagram for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an entry is submitted, Entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter or Promotional Partner).

For each advertised promotion, the number of winners (as advertised for that relevant promotion) will be selected via the winner generator from all entries received during the Promotional Period for that promotion. Each eligible entry put through the winner generator to be a winner will win one (1) prize pack

containing the prize(s) for the given promotion. The prize pack value(s) for a given promotion will be as advertised. Tickets, gift cards and/or vouchers (if any) included in a prize pack are subject to prevailing terms and conditions of use including expiration dates. All prize values advertised are the Recommended Retail Price including GST. A prize, or any unused portion of a prize, is not exchangeable or transferable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any variation in prize value. The Promoter accepts no responsibility for prizes lost or damaged in transit. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.

The total value of all prizes to be awarded in a single advertised promotion will not exceed AUD$440. Any 1 product from the ‘Brighten This Place Up’ collection.

All eligible Entries received during the Promotional Period will be inputted into an automated winner generator and given equal chance of claiming the prize. This is a game of chance and skill plays no part in determining the winners. The winner(s) will be notified in writing. All reasonable steps to notify the winners of the results of the winner generator will be taken by the Promoter or Promotional Partner. The winner generator decision is final and no correspondence will be entered into.

Each Entrant whose entry is one (1) of the entries picked by the winner generator must confirm their eligibility to be awarded a prize and their ability to accept a prize within 24 hours of being successfully notified by the Promoter or Promotional Partner, otherwise their entry will be deemed invalid. In the event that the Promoter or its Promotional Partner cannot successfully contact the Entrant who submitted one (1) of the winner generator entries within three (3) months, or in the event of an invalid entry or an ineligible Entrant, or if an Entrant is ineligible to accept or declines to accept a prize, the Promoter or Promotional Partner may, in its sole discretion, award the prize to the next entry deemed a winner

from the winner generator. The Promoter or Promotional Partner will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded a prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Conditions of Entry, be deemed a winner from the winner generator.

It is a condition of accepting a prize that the winner may be required to sign a prize acceptance release or other legal release or releases in a form determined by the Promoter in its sole discretion.

Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request Entrants produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm an Entrant’s identity, age, residential or email address, eligibility to enter and claim a prize and any information submitted by the Entrant in entering the promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the Entrant or entry has not been verified or validated to the Promoter’s satisfaction within the time requested, that entry will be deemed invalid. All prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging 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.

Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Page or the information on the Promotional Page, or to otherwise undermine the legitimate operation of this promotion, 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.

If a prize or any element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded to the winner in lieu.

If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), epidemic, pandemic, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, and/or if necessary to provide an alternative prize or prizes to the same value as an original prize or prizes.

The Promoter, its Promotional Partner(s), associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in

any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize.

An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter.

As a condition of entering a promotion, an entrant consents to, in the event they are a winner, the Promoter using the entrant's name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and/or promoting any products manufactured, distributed and/or supplied by the Promoter. The entrant agrees that, in the event they are a winner, the entrant will participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.

If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time of entry into the promotion or as soon as practicable thereafter, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).

An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at: 02 8003 3890. All Personal Information will be

stored by the Promoter in accordance with the Promoter’s Privacy

Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter.

In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

Promoter: Mancuso Art trading as Mancuso Art (ABN 51 648 629 467) of 155/211 Queen Victoria Street North Fremantle WA 6159. Phone: 02 8003 3890.