Welcome to No Ugly Australia!
Information on how to enter and the prizes form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
1. Entry is only open to residents of Australia aged 18 years and older. Individuals must have an Instagram account in order to submit an entry.
2. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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.
3. Entries to submit ‘What keeps you up at night’ open at 9:00AM AEST on 16/03/2021 and close at 10:00PM AEST on 21/03/2021 (“Promotional Period 1”). Multiple lullaby winners will be announced at the end of the Promotional Period 1 on the 26/03/2021.
4. Entries to win an 8-week supply of No Ugly Sleep open at 9:00AM EST 26/03/2021 and close at 10:00PM AEST on 27/03/2021 (“Promotional Period 2”). One prize will be awarded at the end of Promotional Period 2 on 29/03/2021.
5. To be eligible to enter, individuals must follow @nouglyau on Instagram.
6. Entries must comply with the Content submission conditions as outlined in clause 22 below.
7. To enter, individuals must then complete the following steps during Promotional Period 1: a) individuals must follow @NoUglyAU on Instagram and b) comment on the competition post and ‘tell us what’s keeping you up at night?’ to be eligible win a personalised lullaby
8. If you win a personalised lullaby, share it to your social channel during Promotional Period 2, make sure your profile is set to public and tag @nouglyau to be eligible to win an 8-week supply of No Ugly Sleep.
9. All Content will be reviewed by the Promoter for compliance with these Terms and Conditions. Content that is prohibited or inappropriate or is otherwise in breach of these Terms and Conditions, as determined by the Promoter, will at the discretion of the Promoter be not eligible to win.
10. 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 tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
11. Incomplete or indecipherable entries will be deemed invalid.
12. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.’
13. This is a game of chance and skill plays no part in determining the winner. Each entry will be chosen at random. The coordinators may select additional reserve entries in case of an invalid entry or ineligible entrant.
14. At the end of Promotional Period 1, the Promoter will select:
• Multiple valid entries to win 1 x personalised lullaby each, valued at $0
15. At the end of Promotional Period 2, the Promotor will select:
• One valid entry to win 1 x 8-week supply of No Ugly Sleep, valued at $199.96
16. As a condition of accepting the 8-week supply of No Ugly Sleep, the Winners must consent to contact from NoUgly Australia after selection in order to arrange the logistics of the prize. The Winners will be notified via a comment and direct message in Instagram to confirm.
17. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
18. Winners are strictly prohibited from selling their Prizes to any other person.
19. The Promoter’s decision is final and no correspondence will be entered into.
20. If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
21. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
22. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
23. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the competition question (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that;
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
24. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
25. Entrant's consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
27. Any cost associated with accessing the No Ugly Pty Ltd. Australia competition page is the entrant’s responsibility and is dependent on the Internet service provider used.
28. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion.
29. 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 (g) taking/use of and/or participation in the prize.
30. As a condition of accepting the prize, the winner (and their companions) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
32. Entry and continued participation in the promotion is dependent on entrants/ following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
33. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
34. The Promoter is NO UGLY Pty Ltd (ABN 34 645 259 785).