GS DIAMONDS VALENTINE’S DAY INSTAGRAM CONTEST
TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR THE GS DIAMONDS VALENTINE’S DAY INSTAGRAM CONTEST (the “PROMOTION”) NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
This PROMOTION is run by GS Diamonds Pty Ltd. ABN No 55 063 429 050 (“Sponsor”), whose registered office is located at Shop 34 - 36/455 George St, Sydney NSW 2000
This PROMOTION is free of charge and is only subject to the present Terms & Conditions and to all applicable international, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms & Conditions and/or related to this PROMOTION, please contact email@example.com
By entering and participating in this PROMOTION, you ("Participant", “Entrant” or “you”) agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
1.1 You acknowledge that you are 18 years of age (or over the age of majority for your jurisdiction) or older at the time of participation, you have read and agreed to these Terms & Conditions.
1.2 Persons are required to be residing in Australia
1.3 Persons under the age of 18 are not allowed to participate to this PROMOTION or transmit or otherwise submit personal information to GS Diamonds.
1.4 Please note that the sponsor is not liable in case Participants are not legally allowed to take part in the PROMOTION due to national or local laws.
1.5 The sponsor is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this PROMOTION whatsoever.
1.6 Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the PROMOTION, professional advisors, third party service providers or advertising and promotional agencies involved with this PROMOTION, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to win any prizes in this PROMOTION.
1.7 More than one entry per person is allowed. Further, only natural persons and non-entrepreneurs are allowed to participate.
1.8 Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible. In good faith, the party will meet to resolve any dispute in person. If the parties cannot agree, the dispute be referred to mediation in Sydney, NSW
2 PROMOTION PERIOD
2.1 This PROMOTION starts on 01.02.2024 at 1 pm AEDT and ends on 14.02.2024 at 1 pm AEDT
2.2 Entries received by the sponsor outside this PROMOTION Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
3 RULES OF THE GAME AND OF PARTICIPATION
3.1 The participation to the PROMOTION is only possible on Instagram. For the participation to the the PROMOTION, an Instagram account and following @gsdiamonds is required. The PROMOTION is not linked to Instagram and is not sponsored, endorsed or administered by, or associated in any way with Instagram. Your use of Instagram is subject to Instagram´s terms and conditions. The sponsor disclaims any liability should you fail to comply with Instagram´s terms and conditions.
3.2 The competition is open from 01.02.2024 at 1 pm AEDT, @gsdiamonds will publish an Instagram post announcing the PROMOTION. To participate consumers will have to:
4 THE SELECTION PROCESS
4.1 The winner will be selected randomly on 14/02/2024
4.2 The winner of the PROMOTION will be informed on Instagram via direct messaging (“Instagram Direct”), so please make sure that your Instagram account is open to the public. You can claim your prize by sending us your full name, e-mail address and phone number. The contact details that you provide will be used to notify you and deliver the prizes, so please make sure they are correct.
4.3 The sponsor undertakes to use reasonable efforts to maintain adequate hardware and software service for the PROMOTION and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
4.4 The sponsor also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.5 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
4.6 If you are disqualified, the sponsor is under no obligation to publish this fact.
5 THE PRIZES
5.1 The prizes of the PROMOTION are one 1000$AUD gift card and two 500$AUD gift cards to be used on GS Diamonds products only. The prizes will be delivered via email address we’ll receive from the winners of the PROMOTION.
5.2 The sponsor reserves the right to replace any or all prizes with prizes of a similar value.
5.3 Please note that no travel or other costs will be reimbursed for the participation in the PROMOTION.
5.4 A winner may reject any prize awarded to him/her
5.5 To the extent permitted by applicable local law, all prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). COUNTRY, STATE, LOCAL TAXES, INCLUDING VAT TAXES WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
5.6 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.7 Prize is limited to one per individual
5.8 In case the winner does not claim his/her prize by 21/02/2024 1 pm he/she will have forfeited the prize and GS Diamonds reserves the right to determine an alternate winner based on a second selection by chance.
5.9 Gift vouchers may not be applied to any preexisting orders placed at GS Diamonds
5.10 Partial redemptions are not allowed. The entire value of the gift card must be used towards a single item in a single transaction of equal or greater value than the card's face value.
5.11 The PROMOTION will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the PROMOTION is final, and no correspondence will be entered into.
6 SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
6.1 Sponsor reserves the right to change the PROMOTION rules and these Terms & Conditions from time to time.
6.2 If in Sponsor’s opinion the PROMOTION is compromised by any event beyond Sponsor’s control, Sponsor reserves the right to modify, terminate, amend or extend the PROMOTION without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
6.3 At any time during the PROMOTION, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winner is disqualified, the prize will be forfeited and/or may be awarded to an alternative winner, who will be selected by chance from the pool of all correct answers.
7 FAIR PLAY
7.1 You hereby confirm that the personal data you enter in connection with the PROMOTION is accurate and up to date.
7.2 You hereby warrant and represent that you personally performed and otherwise participated in the PROMOTION to meet the criteria set out under sections 3. and 4. of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this PROMOTION, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
7.3 You confirm and are responsible that your entry does not:
7.4 In case of an infringement of sections 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
8 GRANT OF RIGHTS
8.1 The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any PROMOTION, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, "Entry Materials") under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as “droit moral” or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of PROMOTION, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
8.2 Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
8.3 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the PROMOTION.
9 COLLECTION OF INFORMATION & DATA PROTECTION
9.1 For questions of data usage by Instagram, please refer to help.instagram.com/478745558852511.
9.2 You can contact Sponsor with regard to privacy questions as follows:
Shop 34 - 36/455 George St, Sydney NSW 2000