Terms & Conditions

kit: x ALWAYS LIVE competition: terms and conditions

• 2. Eligibility

  1. The Competition is open to individuals in Australia aged 18 years or over at the time of entry.
  2. Employees and contractors of MECCA Brands Pty Ltd (ABN 11 077 859 931) (and their Immediate Families), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter.

• 3. How to enter

  1. This Competition is a game of chance. Skill plays no part.
  2. To enter the Competition, you must, during the Promotion Period:
     1. follow @kitskinkind on Instagram;
     2. tag a friend who you want to bring along for this experience; and
     3. make a purchase on kitskinkind.com.au.
  3. You need account on the Social Media Platform to enter the Competition.
  4. This Competition is in no way sponsored, endorsed or administered by, or associated with the Social Media Platform.
  5. Your profile settings on the Social Media Platform must be set to public. Any entry submitted using a private profile setting will be invalid.
  6. You may submit multiple entries provided each entry is unique.
  7. We will not accept entries submitted after the end of the Promotion Period.
  8. The time of each entry will be the time and date of your entry, as displayed on the Social Media Platform.
  9. We may, at any time:
     1. verify the validity of entries and entrants (including your identity, age and place of residence); and
     2. disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
  10. Incomplete, indecipherable or illegible entries will be invalid at our discretion.
  11. We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
  12. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

• 4. Draw

  1. There will be 1 winner.
  2. The winner will be randomly drawn.
  3. We will conduct the draw at:
     1. 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
     2. 4:30pm AEDT on 15 November 2023.
  4. We may draw additional valid reserve entries and record them in case:
     1. an invalid entry or ineligible entrant is drawn; and
     2. we elect to draw on the reserve entries.

• 5. Outcome

  5.1 Notifying prize recipients

  The winner will be notified at by 5pm AEDT on 16 November 2023 by direct message on the Social Media Platform.

  5.2 Announcing prize recipients

  The first initial, surname and, if required by relevant laws, postcode, of the winner and will be announced via a post on our Social Media Platform on 16 November 2023.

  5.3 General

  1. Entries and entrants' social media handles may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle.
  2. It is your responsibility to notify us in writing if your contact details change.
  3. Our draw is final.

• 6. Prizes

  1. The total prize pool value for this Competition is up to AUD$2,775 (including return economy-class airfares).
  2. The winner will receive the kit: x ALWAYS LIVE major prize package for them and 1 nominated guest (Major Prize), which is valued at up to AUD$1,500 (inclusive of GST) and comprises:
     1. return economy-class airfares for the winner and 1 nominated guest from the Australian capital city nearest to the winner's address (as Mecca determines in their sole discretion) to Melbourne, Victoria;
     2. 1 nights' accommodation at a 4 or 5-star hotel we determine in our discretion (1 x double room); and
     3. breakfast included at the hotel.

• 7. Claiming the Major Prize

  1. To claim the Major Prize, respond to the communication we sent you in accordance with clause 5.1 (which communication notifies you that you have won) with your full name, postcode, mobile number. We may ask you for further information to organise your return economy-class airfares if you are not located in Melbourne, Victoria.
  2. The Major Prize must be claimed as offered within 7 days of the winner being notified of the outcome of the draw, subject to booking, flight and/or product availability.
  3. Any part of the Major Prize may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to any required regulatory approval.
  4. A Major Prize is not transferable, saleable or redeemable as cash, credit or equivalent.
  5. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the Major Prize.
  6. You must comply with all terms and conditions of use of the Major Prize.
  7. Before claiming the Major Prize we may require you to sign a legal release in a form we determine.

• 8. Redraw

  8.1 General

  If the winner does not claim their Major Prize within the time prescribed in clause 7(b), we will conduct a redraw:

  1. using the same method of draw specified in clause 4(b);
  2. at 35-43 Wangaratta Street, Richmond, Victoria, 3121; and
  3. at 4pm AEDT on 23 November 2023.

  8.2 Outcome

  1. The winner of a redraw will be notified at 5pm AEDT on 23 November 2023 by direct message on the Social Media Platform.
  2. The first initial, full surname and, if required by applicable laws, postcode of the winner of a redraw will be announced via a post on our Social Media Platform on 23 November 2023.

• 9. Further terms for Major Prize

  1. Flight tickets are available on the regular, scheduled services of each airline and are subject to seasonal embargoes, flight changes or cancellations. Flight itineraries may have to be adjusted depending on factors, such as the airline’s departure city and their current flight schedule.
  2. Frequent flyer points are not available from any airline.
  3. Accommodation booking confirmations are non-changeable and non-redeemable once they are issued. A credit card imprint or cash deposit may be required from the winner, such as at the time of check-in to the accommodation, for any charges outside of the accommodation or for any other incidental charges, which are payable by the winner.
  4. We may procure bookings for flights, however, we will not operate as a travel agent under any circumstances.
  5. Flight tickets are only valid for the time or period specified on the tickets or by the provider and are subject to any terms and conditions imposed by the airline or other provider.
  6. Once awarded, we are not liable for any flight ticket or booking confirmation included in the Major Prize, including where it has been lost, stolen, forged, damaged or tampered with in any way.
  7. By entering this Competition and claiming the Major Prize, the winner acknowledges and accepts that driving, travelling and any other activities comprising or associated with the Major Prize may be inherently dangerous or have other inherent risks and may result in death, injury, incapacity, damage to property or other losses. We are not responsible for any events beyond our reasonable control, such as adverse weather conditions or industrial action or civil commotion, such as those that may occur while the winner is travelling. It is the winner's responsibility to enquire about local issues and conditions at any relevant destinations prior to travel. We do not guarantee that the winner will enjoy the Major Prize or be suited to the type of travel offered in the Major Prize.
  8. The winner of the Major Prize and their nominated guest are each responsible for all expenses, including spending money, meals, drinks, transfers, in-room charges, laundry charges, activities, incidentals, taxes (excluding departure and any other flight-associated taxes included in the Major Prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance, items of a personal nature and any other ancillary costs.
  9. Travel insurance is highly recommended to mitigate against the additional costs that may be incurred, including in the event of an unforeseen circumstance. The winner is responsible for ensuring that they and their nominated guest are fit to travel and have received appropriate immunisations and health checks prior to travelling.
  10. The winner and their nominated guest must:
      1. travel at the same time;
      2. depart from the same capital city on the same flight; and
      3. arrange for their own transport, including from their residences or accommodation to and from the relevant airport.
  11. If the winner is under the age of 18 on the date the winner is announced, an adult must accompany the minor on any travel included in the Major Prize instead of a nominated travel companion.

• 10. Entries

  1. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
  2. You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
  3. We are not liable in any way for your entry to the fullest extent permitted by law.
  4. We may remove or delete any entry without notice for any reason whatsoever.
  5. You warrant and agree that:
     1. you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
     2. you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it;
     3. you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
     4. your entry does not contain viruses and will not cause injury or harm to any person or entity; and
     5. you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

• 11. Personal Information

  1. Entries may be entered into a database.
  2. By entering this Competition, you consent to us:
     1. using your Personal Information to conduct the Competition and communicate with you if you win a Major Prize;
     2. publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
     3. using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate.
  3. If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below.

• 12. Liability

  1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified. 
  2. Subject to clause 12(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents):
     1. are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms; 
     2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the Major Prize; and
     3. exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:
        1. any technical difficulties or equipment malfunction (whether or not under our control);
        2. any theft, unauthorised access or third party interference;
        3. any entry or Major Prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);
        4. any variation in Major Prize value or specification;
        5. any tax liability or similar charge incurred by the winner or their travelling companion (if any); or
        6. use of a Major Prize by the winner or their travelling companion (if any).
  3. We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.
  4. You are solely responsible for any costs associated with accessing the promotional websites on the Social Media Platform, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those platforms or websites. Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.

• 13. Disruption to Competition

  1. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law:
     1. disqualify any entrant who tampers or interferes with the entry process; or
     2. subject to any required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
  2. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a Major Prize will be invalidated. If you have already received a Major Prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred in our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

• 14. General

  1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
  2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
  3. Subject to any required regulatory approval, we may modify or remove any part of these Terms at any time. Any changes are effective immediately upon posting to our website.
  4. At all relevant times, you must comply with any terms imposed by the Social Media Platform provider,including the Terms and Conditions of Use at https://help.instagram.com/478745558852511.
  5. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
  6. The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 35-43 Wangaratta Street, Richmond, Victoria, 3121, Australia.
  7. If you have any questions or issues regarding these Terms or how this Competition is conducted, you may contact us at hello@mecca.com.au or on +61 3 9420 7373. We will determine how any issues will be resolved.

• 15. Definitions

  AEDT means Australian Eastern Daylight Time.

  Force Majeure Event means an event or circumstance beyond our reasonable control, including not receiving any eligible entries or entrants, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), strike, a change in applicable law, government imposed shutdown or closure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.

  Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.

  Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

  Personal Information has the meaning in the Privacy Act 1988 (Cth).

  Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).