Terms and conditions for all Meluka Australia giveaway competitions (refered to as "The Competition"). Instructions on how to enter and prize information forms part of these Terms and Conditions. Participation in any competition is deemed as acceptance of these Terms and Conditions.
Meluka Winter Wellness Giveaway: ONE ORDER PER ENTRY. Accor Hotels is a separate company and not affiliated with the promotion or Meluka Australia. This Competition is in no way sponsored, endorsed or administered by, or associated with, Accor Hotels.
The Competition begins on the date referenced in any Instagram, Facebook post, advertisements or e-mail announcing the Competition and ends on the date referenced in the Be Well Giveaway. Meluka Australia’s computer is the official time-keeping device for this Competition.
Meluka Australia standardly conducts two types of competition, games of skill or game of chance. In the case of game of skill, each entry will be individually judged based on its literary and creative merit. In the case of game of chance, winners are based on random selection. All entries in a game of skill must be an independent creation by the entrant and free of claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions. To enter the Competition, follow the instructions in the entry form or email. Where the Competition is a game of chance, the number of entries into the Competition is limited to one per person for each qualifying entry, unless otherwise stated. An attempt to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations, logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. The use of an automated system to participate in the Competition is prohibited and will result in disqualification.
If a dispute arises over the identity of the person who transmitted an entry via an identified email address or social media account, the Authorized Account Holder of the email address or social media account at time of entry will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to an email address or social media account by an internet access provider, online provider or other organization (e.g. business, education institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address, or for assigned social media accounts, as the case may be. The potential winner may be required to show proof of being the Authorized Account Holder.
Promptly upon the conclusion of the Competition, the winner(s) will be chosen by the best creative submission from all eligible entries received. If the email prize notification is unclaimed or returned as undeliverable within 72 hours of transmission of the notification, or in the event of non-compliance with the Rules, the prize will be forfeited and may be awarded to an alternate winner. The prizewinner is solely responsible for all federal, state and local taxes and other costs pertaining to the awarded prize. The prize winner agrees to allow Meluka Australia to use the winner’s name and response (whether in print publication, online, or other means of communication), without compensation, to notify the public of their winnings. The prizewinner may be required to sign an Affidavit of Eligibility and Liability and Publicity release; the failure to execute and return this document within 5 calendar days from the date the document is sent may result in prize forfeiture.
No prize substitutions, cash equivalent or transfer of prizes are permitted except at the sole discretion of Meluka Australia. Prizes are subject to restrictions and may not be used in conjunction with any other promotion or offer. Meluka Australia is not responsible for lost or misdelivered prizes due to Entrant’s inaccurate or improper address information. Meluka Australia is not responsible for lost, stolen or damaged prizes, once received and in the possession of prizewinner. Prizes may not be exchanged for cash or otherwise, except that Meluka Australia retains the right to substitute prizes of equal or greater retail value. Prize details not specified herein will be determined by Meluka Australia in its sole discretion.
PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE COMPETITION OR PRIZES.
If, for any reason, Meluka Australia is unable to conduct this Competition as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Meluka Australia which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Competition, Meluka Australia reserves the right, at its sole discretion, to disqualify any entry, and any person found to have interfered or tampered with the Competition, and if deemed necessary by Meluka Australia in its sole discretion, to cancel, terminate, modify or suspend the Competition. Meluka Australia may also, in its sole discretion, award the prize from all eligible, non-suspect entries received as of the date of such action. Meluka Australia assumes no responsibility for any failure in transmission, however caused, including any omission, interruption, deletion, defect, communications line failure, theft or destruction of information or unauthorized access to entries, their damage or alteration. Meluka Australia is not responsible for its failure to receive any email or entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, or any combination thereof, including any injury or damage to an Entrant’s, or any other person’s, computer relating to or resulting from participation in this Competition or downloading of any materials in this Competition.
CAUTION: MELUKA AUSTRALIA RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS COMPETITION OR TO DAMAGE THE WEBSITE.
By participating in this Competition, all Entrants and prizewinners release, discharge, and hold harmless Meluka Australia, Facebook, Instagram, and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders employees, and agents (collectively “Released Parties”) from and against any and all liability or claims for any and all legal claims, injury, loss, illness, litigation or damages arising out of their participation in the Competition and/or the acceptance, use, misuse, non-use or possession of the prize. Any portion of the prize not accepted by the winner(s) will be forfeited, and the Released Parties are not responsible for any inability of the winner(s) to accept or use the prize(s) (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Competition or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Competition administration or entry processing; and (f) injury or damage to persons or property from participation in the Competition or receipt or use of any prize.
ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
Entrants and winners agree that any disputes, claims, and causes of action arising out of the Competition or any prize will be resolved individually, without resort to class action, and exclusively by a court located in the entrant’s country of residence.
Meluka Australia, 5 Connell Street, Alstonville, NSW 2477 Australia. This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.