#mimco MIMCOLLECTIVE COMPETITION TERMS AND CONDITIONS

  1. Entry into the ‘#mimco MIMCOLLECTIVE COMPETITION’ (“Competition”) is deemed acceptance of these Terms and Conditions. Instructions on ‘How to enter’ also form part of these Terms and Conditions.
  2. For the purpose of these Terms and Conditions, the promoter is Mimco Pty Ltd of Building 3, 658 Church Street, Richmond, Victoria (ABN: 13 067 573 291) (“Promoter”).
  3. Entry is open to persons who are 18 years or older and living in Australia (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, "immediate families" of an employee includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin.
  4. The Competition commences at 09:30 AEST on Thursday, 3 November 2016 and until 31 August 2018 unless otherwise extended by the Promoter. (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.
How to enter:
  1. This Competition is a game of skill, chance plays no part in determining the winner.
  2. Entrants must be a member of MIMCOLLECTIVE Loyalty Program in order to enter this Competition. If an Entrant is not a member of the MIMCOLLECTIVE Loyalty Program and wishes to participate in this Competition, the Entrant should first visit www.mimco.com.au to become a member.
  3. To enter, the Entrant must, upload an image of themselves wearing a MIMCO product, or a styled flat-lay image containing MIMCO products, to their Instagram account, tagging it with the hashtag #mimco. (“Entry”). Entries are only valid for the calendar month in which they are submitted.
  4. Entrants must set their Instagram account to public. If an Entrant’s Instagram account is set to private their Entry will not be accepted by the Promoter.
  5. The Entrant may enter as many times as they like throughout the Competition Period provided that each entry is unique and original.
  6. Judging of valid Entries for the previous month will be conducted by a panel of judges at the Promoter’s head office at Building 3, 658 Church Street, Richmond, VIC, 3121 on the 1st weekday of every month for the duration of the Competition Period.
  7. On the above dates, the judges will determine one (1) winning Entry based on the creativity of the Entries submitted (a “Winning Entry”).
  8. The Entrant who submits the Winning Entry (the “Winner”) will win the following:
    1. A $500 MIMCO reward, to be loaded to their MIMCOLLECTIVE account and used within 50 days of that date of issue;
    2. An invitation from MIMCO to become a Black MIP in the MIMCOLLECTIVE loyalty program (see MIMCOLLECTIVE Loyalty Program terms and conditions for details) for a period of 12 months from the date which is 2 weeks after the Winner is notified and confirms their contact details and MIMCOLLECTIVE account number. (the “Prize”).
  9. The maximum total value of the Prize awarded in this Competition is estimated at AUD$550
  10. The Winner will be notified via Instagram by 8:00pm AEST or ADST on 2nd weekday of every month of their success and will be directed to email the Promoter with their contact details and MIMCOLLECTIVE account number. Once the Winner is notified, their Black MIP status will be communicated to them within two weeks of MIMCO receiving and confirming their contact details and MIMCOLLECTIVE account number. If the Winner is already a Black MIP when the Competition Winner is chosen, the Winner’s Black MIP status will be re-instated for a further 12-month period on expiry of the Winner’s MIMCOLLECTIVE Loyalty Program Anniversary.
  11. The Promoter will take no responsibility if the Winner's details are incorrect or incomplete and the Winner cannot be contacted.
  12. The Promoter reserves the right to appoint a new winner if the Winner cannot be contacted within 24 hours or if the Prize cannot be redeemed by the Winner. This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.
  13. The judges’ decision is final and no correspondence will be entered into regarding it.
  14. The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize of equal or greater value.
  15. The Winner’s Winning Entry may be re-grammed on the Promoter’s Instagram account.
General
  1. An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
  2. All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.
  3. Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
  4. By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
  5. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to alter the design and use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.
  6. The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.
  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 to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.
  8. Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  9. The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.
  10. Any costs associated with entering this Competition are the responsibility of each Entrant.
  11. The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
  12. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.
  13. Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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:
    1. any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
    2. any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
    3. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
    4. any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
    5. any tax liability incurred by a winner or entrant (independent financial advice should be sought);
    6. participation in this Competition; or
    7. cancellation of this Competition.
  14. This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).
  15. Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition 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.
  16. The Promoter will collect Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at /help/privacy.
  17. By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in.
  18. These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
  19. These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
  20. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
  21. The Promoter can be contacted at:
    Email: customercare@mimco.com.au
    Phone: +61 1800 994 340