Terms And Conditions

ELEVEN AUSTRALIA #NEONHOLIDAYWIN COMPETITION
Official Rules and Terms & Conditions (Official Rules).

 

ELIGIBILITY

 

  1. This competition (Competition) is being run by Eleven Australia Pty Ltd (Promoter). The Promoter is part of the Eleven Australia Group (Group or Eleven). Eleven does not accept any responsibility for late, lost or misdirected Uploads (Uploads).  For the purpose of this Competition an entry to this Competition is deemed to be done by an Upload where an Upload has the following features:
  2. an image / photo or a video is posted by an account holder on the Tik Tok platform; or
  3. an image / photo or a video is posted by an account holder on the Instagram platform; and
  4. the account holder has set his / her / their account to be viewed by the public; and
  5. the account holder follows during the Competition Period on the relevant platform is a follower of the account @elevenaustralia on the relevant platform; and
  6. with the post with image / photo or a video the account holder has applied each of the following “tags” “@elevenaustralia” and “#NEONHOLIDAYWIN”.

 

  1. To be eligible to win the prize you must be an Eligible Entrant which means:

 

You are resident in either. Australia Austria, Belgium Bulgaria Canada Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Hungary Iceland Ireland Italy Latvia Lithuania Netherlands Norway Poland Portugal Scotland Slovenia South Africa Spain Sweden Switzerland UK USA

  1. You have an Instagram account and that Instagram account must be a ‘follower’ of the Instagram account ‘@elevenaustralia’ during the Competition Period or you have a Tik Tok account and that Tik Tok account must be a ‘follower’ of  the Tik Tok account ‘@elevenaustralia’ during the Competition Period;
  2. You are 18 years old or older;
  3. You have posted an Upload; and
  4. You are not an employee of the Promoter or any of its related corporations or any of their agencies associated with the Competition or you are not a spouse, de-facto spouse, parent, child or sibling (whether full, half, step or by adoption) of such an employee

 

  1. The is no restriction on the number of Uploads per Eligible Entrant. If required, the winner must be able to provide Eleven with the proof of residency and proof of age.

 

  1. This Competition is void in any jurisdiction where the holding of a competition such as this is prohibited by law or restricted by law or regulations. By entering the competition by an Upload, each participant agrees to be bound by these Official Rules and the decisions of the Promoter in the application of these Official Rules and/or the judges are final and binding in all respects. 

 

 DISCLAIMER

 

  1. The Group and each of its companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for:
  2. any late, lost, misrouted, garbled or distorted or damaged transmissions or entries;
  3. telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures in connection with this Competition;
  4. any Competition disruptions such as injuries, losses or damages caused by events beyond the control of the Group; or
  5. any printing or typographical errors in any materials associated with the Competition, for reasons beyond the Group’s control.

 

HOW TO ENTER

 

  1. Entry to the competition is by an Upload, please refer to clause 1. The Upload must have content which features the ELEVEN Australia NEON HOLIDAY bag and products.   Your Upload must be original and your own work  and in the Promoter’s absolute discretion the Promoter may request you to provide proof that the Eligible Entrant was the creator of the Upload.  

 

  1. The Promoter once the winner has been selected will require the winner to provide their name, e-mail address, country of origin and be contactable via a channel other than the Tik Tok or Instagram platforms.

 

  1. All entrants must ensure that their Uploads are available for public viewing for at all times between the date the date the Upload is posted until 30 days after the end of the Competition Period (see condition 12). The Promoter takes no responsibility for any Uploads affected by any delays or failures in any telecommunications service or equipment, or third party platform malfunction.

 

  1. Any costs associated with an Upload are the responsibility of the person making and posting the Upload.

 

  1. Eligible Entrants must make their Uploads and the Promoter may reject Uploads if it reasonably forms the opinion that they have been entered using automated entry means or by use of a third party service.

 

  1. All entrants must read and agree to these Official Rules as part of the Competition entry process.

 

COMPETITION PERIOD

 

  1. The Competition starts on 11th December 2023 at 12:01 AM AEST (Australian Eastern Standard Time) (the Commencement Date), and ends on 11th January 2024 at 11:59 PM AEST (Australian Eastern Standard Time) (the Deadline) and the period between these dates will be known as the competition period (Competition Period).

 

  1. All Uploads are to be first posted in the Competition Period and any posted outside of the Competition Period will not be considered. 

 

  1. The judges will select one Eligible Entrant who will win US$2,000.

 

  1. Total prize pool is set at a minimum of US$2000, (being one Eligible Entrant will win US$2000.00). During the Competition Period, the Promoter may decide to raise the total prize pool, in its absolute discretion, including deciding that there will be more than one Eligible Entrant by making one or more selection of Uploads as being  a winning entry. 

 

  1. The Eligible Entrant must receive the prize by Electronic Funds Transfer (EFT). Where an Eligible Entrant does not have the means to receive the prize in US dollars, the Promoter will convert the amount of US$2,000 into a nominated currency and either send the equivalent funds electronically into the account nominated by the winner in the amount determined by the exchange rate applied by the relevant financial institution used by the Promoter, where such a facility is available from the bank used by the Promoter. Each Eligible Entrant enters this Competition on the understanding that the Promoter will only provide the prize of US$2,000 (or equivalent currency) by EFT to one winner to the bank account advised by the winner.

 

JUDGING AND SELECTION OF WINNER

 

  1. Uploads will be judged by the Promoter’s  delegated representative(s)  and a winner will be selected.  Selection of a winner will be based on a combination of factors determined  by the judge(s) at the time of assessing entries, factors such as, but not limited to, originality, creativity and  appropriateness of the answer will be taken into account.   The judges decision will be final and the judges reserve the right not to select a winner.

 

  1. All entries to the Competition may be subject to verification by the Promoter that they have been entered by an Eligible Entrant. An entrant MUST deliver to the Promoter (by a means determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity of the Instagram account holder. The Promoter may make one or more requests for such documents. Once the documents request has been made by the Promoter, an entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter's request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.

 

  1. The Promoter may, at its absolute discretion, declare any entry received invalid if the entrant:

 

  1. fails to establish their entitlement to enter the Competition to the Promoter's reasonable satisfaction; or
  2. fails to produce items as required by Condition 18, or produces items that, in the Promoter's reasonable opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
  3. in the Promoter's reasonable opinion, tampers with the entry process or benefits from such tampering; or
  4. in the Promoter's reasonable opinion, submits an entry which is not in accordance with these conditions.

 

  1. By entering the Competition, you consent to the Group’s use of your Upload (the meaning of the word is to be taken in the widest way possible) , all information submitted by you (including your personal information), such as your name and biographical information in connection with the Competition, for advertising, marketing and publicity purposes, in any and all media now or hereinafter invented, throughout the world in perpetuity. You are informed that the personal data collected in connection with the Competition will be collected by the Group’s servers and computer systems, and such collection will therefore be subject to applicable Australian laws, including Australian privacy laws. You may also withdraw your personal data upon request, however you will be disqualified as an entrant in the Competition if you withdraw your personal data prior to the determination and fulfillment of the prizes. For the Promoter’s full Privacy Policy please see https://elevenaustralia.com/. 

 

  1. Without limiting any other rights, the Promoter has the right to, in the Promoter's sole discretion, reject or remove from the Competition any entry that, in the Promoter's sole discretion, violates these Official Rules, any applicable Promoter policy, any applicable laws, or is in any way harmful or objectionable. Promoter also reserves the right to disqualify any entrant or entry at the Promoter 's sole discretion. No correspondence shall be entered into and the decision of the Promoter shall be final.

 

ANNOUNCEMENT OF WINNER

 

  1. The names of the winner will be posted on the ELVEVEN Australia Global Instagram and TikTok on 31st January 2024. The winner will also be notified by email. The winner must provide us with confirmation by email that it has received notification from Promoter that they have been selected as the    It is the winner’s obligation to then notify Promoter of the nominated bank account where it wishes the funds to be sent to.  It is the responsibility of the winner to make arrangements for the receipt of the $US2,000 (or equivalent amount in a local currency) into a bank account by EFT.  The winner will have 5 days, from when Promoter sends the email notification, to confirm by email that they accept the prize and provide the nominated bank account details into which the prize money is to be transferred.   Promoter is responsible for only sending the funds to the nominated account and the winner is responsible for any fees or charges (what so ever) that may be charged by the financial institution that operates the nominated bank account advised by the winner.  Promoter is deemed to have given the prize once the funds have been dispatched from the Promoter bank account to the nominated bank account advised by the winner. 

 

  1. If for any reason the selected winner does not provide the required bank account details within the times stated in condition 22, then the winner shall be treated as having declined to accept the prize. In this situation, it is in the Promoter’s sole discretion to extend the time periods for acceptance of the prize as stated above or to select another entry from another Eligible Entrant as the winner.

 

COPYRIGHT

 

  1. Each entrant warrants that each Upload is their own original work and free of any pre-existing legal right or claim belonging to someone other than the Eligible Entrant and indemnifies the Group and its subsidiaries against same.  Every Eligible Entrant accepts that in the Promoter’s absolute discretion the Eligible Entrant may be asked to assign into the name of Promoter (or its nominee) the ownership of all legal rights and entitlements residing in an Upload.  By entering the competition each Eligible Entrant immediately assigns to the Promoter all necessary rights without limitation and on a perpetual and royalty free basis as necessary in order to give the Group  the unlimited right to use the Upload  in any way including but not limited to displaying it on www.elevenaustralia.com and affiliated websites. Where applicable, Eleven may at its own discretion remove or delete (or both) any material submitted by an entrant at any time.  If an Upload  is not an original work of the Eligible Entrant this will lead to the Upload  being deemed an ineligible entry into this competition. 

 

  1. Each entrant warrants that every element of the Upload is free of any legal claim and indemnifies the Group and its subsidiaries against same. Eleven will not be responsible for any material submitted by an entrant in an Upload at any time.

 

GENERAL

 

  1. Winners are solely responsible for the payment of any taxes that may arise as a result of acceptance of the prize, and all other expenses or costs relating to a prize not expressly set forth above. Other than as set out in these Official Rules, prizes cannot be transferred or substituted and must be accepted as awarded. A prize will be awarded to the individual entrant irrespective of whether or not the winning submission was developed / created by a group.

 

  1. These Official Rules and any disputes relating in any way to the Competition shall be governed exclusively by the laws of the State of Victoria, Australia, without regarding to principles of conflicts of laws. By participating, each entrant further agrees that:
  2. any and all disputes, claims, and causes of action arising out of or in connection with the Competition, or any prizes awarded, shall be resolved individually without resort to any form of class action;
  3. any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition, but in no event lawyer’s/attorney’s fees;
  4. under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

 

  1. The Competition is in no way sponsored, endorsed, administered by, or associated with, Instagram. By entering the Competition, each entrant releases Instagram from any and all liability to the entrant arising in any way from the conduct of the Competition.

 

  1. The Competition is in no way sponsored, endorsed, administered by, or associated with, Tik Tok . By entering the Competition, each entrant releases Tik Tok from any and all liability to the entrant arising in any way from the conduct of the Competition.