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:

    a)   an image / photo or a video is posted  by an account holder on the Tik Tok platform;or
    b)   an image / photo or a video is posted  by an account holder on the Instagramplatform; and
    c)   the account holder has set  his / her / their account to be viewed by thepublic; and
    d)   the account holder follows during theCompetition Period on the relevant platform is a follower of the account @elevenaustraliaon the relevant platform; and
    e)   with the post with image / photo or a videothe account holder has applied each of the following “tags” “@elevenaustralia”and “#NEONHOLIDAYWIN”.
  2. To be eligible to win the prize you must bean Eligible Entrant which means:
    Youare resident in either. Australia Austria, Belgium Bulgaria Canada Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany HungaryIceland Ireland Italy Latvia Lithuania Netherlands Norway Poland Portugal Scotland Slovenia South Africa Spain Sweden Switzerland UK USA

    a)   You have an Instagram account and thatInstagram account must be a ‘follower’ of the Instagram account ‘@elevenaustralia’ during the Competition Periodor 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;
    b)   You are 18 years old or older;
    c)   You have posted an Upload; and
    d)   You are not an employee of the Promoter orany of its related corporations or any of their agencies associated with theCompetition or you are not a spouse, de-facto spouse, parent, child or sibling(whether full, half, step or by adoption) of such an employee
  3. The is no restriction on the number ofUploads per Eligible Entrant.  Ifrequired, the winner must be able to provide Eleven with the proof of residencyand proof of age.
  4. This Competition is void in any jurisdictionwhere the holding of a competition such as this is prohibited by law orrestricted by law or regulations.  Byentering the competition by an Upload, each participant agrees to be bound bythese Official Rules and the decisions of the Promoter in the application ofthese 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, employeesand agencies will not be responsible for:

    a)   any late, lost, misrouted, garbled ordistorted or damaged transmissions or entries;
    b)   telephone, electronic, hardware, software,network, Internet, or other computer- or communications-related malfunctions orfailures in connection with this Competition;
    c)   any Competition disruptions such as injuries,losses or damages caused by events beyond the control of the Group; or d)   any printing or typographical errors in anymaterials associated with the Competition, for reasons beyond the Group’scontrol.

HOW TO ENTER

  1. Entry to the competition is by an Upload,please refer to clause 1.  The Upload must have content which featuresthe ELEVEN Australia NEON HOLIDAY bag and products.   Your Uploadmust be original and your own work  andin the Promoter’s absolute discretion the Promoter may request you to provideproof that the Eligible Entrant was the creator of the Upload.  
  2. The Promoter once the winner has beenselected will require the winner to provide their name, e-mail address, countryof origin and be contactable via a channel other than the Tik Tok or Instagramplatforms.
  3. All entrants must ensure that their Uploadsare available for public viewing for at all times between the date the date theUpload is posted until 30 days after the end of the Competition Period (seecondition 12). The Promoter takesno responsibility for any Uploads affected by any delays or failures in anytelecommunications service or equipment, or third party platform malfunction.
  4. Any costs associated with an Upload are theresponsibility of the person making and posting the Upload.
  5.  Eligible Entrants must make their Uploads andthe Promoter may reject Uploads  if itreasonably forms the opinion that they have been entered using automated entrymeans or by use of a third party service.
  6. All entrants must read and agree to these Official Rules as part of the Competitionentry 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).
  2. All Uploads  are to be first posted in the CompetitionPeriod and any posted outside of the Competition Period will not beconsidered.  
  3. The judges will select one Eligible Entrantwho will win US$2,000.  
  4. Total prize pool is set at a minimum ofUS$2000, (being one Eligible Entrant will win US$2000.00).  During the Competition Period, the Promotermay decide to raise the total prize pool, in its absolute discretion, includingdeciding that there will be more than one Eligible Entrant by making one ormore selection of Uploads as being  awinning entry.  
  5. The Eligible Entrant must receive the prizeby Electronic Funds Transfer (EFT). Where an Eligible Entrant does nothave the means to receive the prize in US dollars, the Promoter will convertthe amount of US$2,000 into a nominated currency and either send the equivalentfunds electronically into the account nominated by the winner in the amountdetermined by the exchange rate applied by the relevant financial institutionused by the Promoter, where such a facility is available from the bank used bythe Promoter.  Each Eligible Entrantenters this Competition on the understanding that the Promoter will onlyprovide the prize of US$2,000 (or equivalent currency) by EFT to one winner to thebank account advised by the winner.

JUDGING AND SELECTIONOF 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 acombination of factors determined  by thejudge(s) at the time of assessing entries, factors such as, but not limited to,originality, creativity and  appropriateness of the answer will be takeninto account.   The judges decision willbe final and the judges reserve the right not to select a winner.
  2. 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.
  3. The Promoter may, at its absolute discretion,declare any entry received invalid if the entrant: 
    ‍
    a)   fails to establish their entitlement to enterthe Competition to the Promoter's reasonable satisfaction; or
    b)   fails to produce items as required by Condition18, or produces itemsthat, in the Promoter's reasonable opinion, are illegible, stolen, forged,reconstructed, altered, incomplete or tampered with in any way; or
    c)   in the Promoter's reasonable opinion, tamperswith the entry process or benefits from such tampering; or
    d)   in the Promoter's reasonable opinion, submitsan entry which is not in accordance with these conditions.
  4. 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 informationsubmitted by you (including your personal information), such as your name andbiographical information in connection with the Competition, for advertising,marketing and publicity purposes, in any and all media now or hereinafterinvented, throughout the world in perpetuity. You are informed that thepersonal data collected in connection with the Competition will be collected bythe Group’s servers and computer systems, and such collection will therefore besubject to applicable Australian laws, including Australian privacy laws.  You may also withdraw your personal data uponrequest, however you will be disqualified as an entrant in the Competition ifyou withdraw your personal data prior to the determination and fulfillment ofthe prizes. For the Promoter’s full Privacy Policy please see https://elevenaustralia.com/.
  5.  Without limiting any other rights, thePromoter has the right to, in the Promoter's sole discretion, reject or removefrom the Competition any entry that, in the Promoter's sole discretion,violates these Official Rules, any applicable Promoter policy, any applicablelaws, or is in any way harmful or objectionable. Promoter also reserves theright to disqualify any entrant or entry at the Promoter 's sole discretion. Nocorrespondence shall be entered into and the decision of the Promoter shall befinal.  

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  winner.  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.
  2.  If for any reason the selected winner doesnot provide the required bank account details within the times stated incondition 22, then the winnershall be treated as having declined to accept the prize. In this situation, itis in the Promoter’s sole discretion to extend the time periods for acceptanceof the prize as stated above or to select another entry from another EligibleEntrant as the winner.  

COPYRIGHT

  1. Each entrant warrants that each Upload  is their own original work and free of any pre-existinglegal right or claim belonging to someone other than the Eligible Entrant andindemnifies the Group and its subsidiaries against same.  Every Eligible Entrant accepts that in thePromoter’s absolute discretion the Eligible Entrant may be asked to assign intothe name of Promoter (or its nominee) the ownership of all legal rights andentitlements residing in an Upload.  Byentering the competition each Eligible Entrant immediately assigns to thePromoter all necessary rights without limitation and on a perpetual and royaltyfree basis as necessary in order to give the Group  the unlimited right to use the Upload  in any way including but not limited to displayingit on www.elevenaustralia.com and affiliated websites. Where applicable, Elevenmay at its own discretion remove or delete (or both) any material submitted byan entrant at any time.  If anUpload  is not an original work of theEligible Entrant this will lead to the Upload being deemed an ineligible entry into this competition.  
  2.  Each entrant warrants that every element ofthe Upload is free of any legal claim and indemnifies the Group and itssubsidiaries against same.  Eleven willnot be responsible for any material submitted by an entrant in an Upload at anytime.
  1. Each entrant warrants that each Upload  is their own original work and free of any pre-existinglegal right or claim belonging to someone other than the Eligible Entrant andindemnifies the Group and its subsidiaries against same.  Every Eligible Entrant accepts that in thePromoter’s absolute discretion the Eligible Entrant may be asked to assign intothe name of Promoter (or its nominee) the ownership of all legal rights andentitlements residing in an Upload.  Byentering the competition each Eligible Entrant immediately assigns to thePromoter all necessary rights without limitation and on a perpetual and royaltyfree basis as necessary in order to give the Group  the unlimited right to use the Upload  in any way including but not limited to displayingit on www.elevenaustralia.com and affiliated websites. Where applicable, Elevenmay at its own discretion remove or delete (or both) any material submitted byan entrant at any time.  If anUpload  is not an original work of theEligible Entrant this will lead to the Upload being deemed an ineligible entry into this competition.  
  2.  Each entrant warrants that every element ofthe Upload is free of any legal claim and indemnifies the Group and itssubsidiaries against same.  Eleven willnot be responsible for any material submitted by an entrant in an Upload at anytime.

GENERAL

  1. Winners are solely responsible for thepayment of any taxes that may arise as a result of acceptance of the prize, andall other expenses or costs relating to a prize not expressly set forth above. Otherthan as set out in these Official Rules, prizes cannot be transferred orsubstituted and must be accepted as awarded. A prize will be awarded to the individual entrant irrespective ofwhether or not the winning submission was developed / created by a group.
  2. These Official Rules and any disputes relatingin any way to the Competition shall be governed exclusively by the laws of theState of Victoria, Australia, without regarding to principles of conflicts oflaws. By participating, each entrant further agrees that:

    a)   any and all disputes, claims, and causes ofaction arising out of or in connection with the Competition, or any prizesawarded, shall be resolved individually without resort to any form of classaction;
    b)   any claims, judgments and awards shall belimited to actual out-of-pocket costs incurred, including costs associated withentering the Competition, but in no event lawyer’s/attorney’s fees;
    c)   under no circumstances will any entrant bepermitted to obtain any award for, and each entrant hereby waives all rights toclaim, punitive, incidental or consequential damages and any and all rights tohave damages multiplied or otherwise increased and any other damages, otherthan damages for actual out-of-pocket expenses.
  3. The Competition is in no way sponsored,endorsed, administered by, or associated with, Instagram. By entering theCompetition, each entrant releases Instagram from any and all liability to theentrant arising in any way from the conduct of the Competition.  
  4. The Competition is in no way sponsored,endorsed, administered by, or associated with, Tik Tok . By entering theCompetition, each entrant releases Tik Tok from any and all liability to theentrant arising in any way from the conduct of the Competition.