Terms and Conditions of Entry

General

1. Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

    Who can enter

    3. Subject to the clauses below, entry is open to all residents of Australia who have fulfilled the requirements set out below ('Eligible Entrants'). Entrants must be over the age of 18, as of the date of entry.
    4. Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto 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.
    5. The Promoter is Happy Hair Brush Pty Ltd.

      How to enter

      6. By submitting an entry into this competition entrants agree to granting the Promoter a perpetual and non-exclusive licence to use the photographs in all media worldwide, including online social networking sites, and will not be entitled to any fee for such use.
      7. Entries must provide contact details including, but not limited to, full name, age, contact number and email address on request to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries may be deemed invalid.
      8. To enter, entrants must post an image of a Happy Hair Brush in a picture with a recognisable Australian iconic place, location, or landmark within their State or Territory to Instagram, use the hashtag #HappyHairBrushAussieIcons, tag the location and mention in their caption what their landmark is and which State or Territory. 

        Number of Entries permitted  

        9. Up to 5 entries per person will be permitted as long as the Aussie Icon is completely different in each picture. Take your Happy Hair Brush on a tour or with you on holiday and get the best pics you can!!! Multiple images with the same Aussie Icon will only be counted as one entry.

          Open, Close, Selection and Publish dates

          10. The competition commences on 07/07/2024 at 07:00 PM AEDT and closes 04/08/2024 at 11:59 PM AEDT ('Promotional Period'). All times noted in these Terms and Conditions are local times, based on the location of the Promoter. Entries must be received by the Promoter prior to the competition close date and time.
          11. The winner for each State and Territory will be chosen based on the most creative/visually pleasing image, as deemed by our judges in their sole discretion.
          12. If there are no valid entries for a State or Territory, the prize for that area will be forfeited. 
          13. The winners will be announced on our Instagram and Facebook stories and the winner will be notified via Instagram DM from our official account within two business days of the competition close date.
          14. Prizes (or in the case of vouchers, prize confirmations) will be sent within 28 days of the winner selection.

            Prize on offer

            15. The total prize pool is valued at $800, as at 08/07/2024.
            16. The total number of competition winners in this competition is 8, one winner for each State and Territory in Australia. Each winner will receive a AU$100 VISA gift card, which will be sent to them digitally.

              Further Terms and Conditions

              17. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf, or image manipulation software such as, but not limited to, Photoshop or AI image generators, to digitally place the hairbrush into an image, will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.

              18. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.

              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 State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

              20. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.

              21. The Promoter reserves the right to request any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age 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.

              22. The Promoter reserves the right to conduct a re-selection in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.

              23. The Promoter's decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner's nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

              Privacy Collection statement

              24. By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.

              25. The Promoter and its related entities collect entrants' personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged to conduct the competition draw and for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at https://www.happyhairbrush.com.au/policies/privacy-policy

              Copyright, Statutory guarantees, Waiver and liability

              26. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.

              27. In participating in the promotion, the winners agree to participate and cooperate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.

              28. The Promoter takes no responsibility and is not liable for any injury, destruction of property or breaking of state or federal laws for participants to get the iconic photos. We expect you to hold up a brush or position a brush to show the Aussie icon without breaking any laws, or trespassing or putting in danger any person or breaching the privacy of any person or entity and not breaking or damaging any property to obtain the photo.

              29. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.

              30. The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition or if such a change is required to ensure the safety of the Promoter, its representatives and of entrants. Such changes may include the timing of any draw, the conduct of any prize related activities, and the timing or destination of any travel. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use of "scripting" is not permitted and will not be accepted.

              31. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.

              32. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any applicable laws in the State and Territories of Australia ('Non-Excludable Guarantees').

              33. 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.

              34. Where any part of the prize is a gift card, the gift card is subject to the issuing retail partner (Retail Partner) terms and conditions. The Promoter is not a party to any transaction entered into between the winner and Retail Partner through which the Winner uses the gift card and the Promoter has no control over the conduct of any Retail Partner. The cancellation, exchange, variation or refund of any goods and/or services that are the subject of the gift card is strictly a matter between winner and Retail Partner. The prize is not redeemable for cash. The gift card is valid until the date stated on the gift card itself.