Giveaway Terms & Conditions
OVERVIEW
1. This fine art photography giveaway (Giveaway) is conducted by BFLM Holdings Pty Ltd ACN 667 121 539 trading as Duo Arthouse (we, us, our).
2. By entering this Giveaway, all entrants (you or your) agree to be bound by these terms and conditions (Terms). Any breach of these Terms may result in disqualification from the Giveaway.
3. To the extent of any inconsistency between these Terms and any other reference to this Giveaway, these Terms prevail.
4. The Giveaway will be:
(a) conducted online; and
(b) open to entrants between 6:30pm AEST on 14 November 2024 and 6.30pm AEST on 11 December 2024 (Giveaway Period).
ELIGIBILITY
5. You are eligible to enter the Giveaway if:
(a) you are an individual;
(b) you are the owner of an account on the Instagram application; and
(c) you reside in Australia or you can provide an Australian postal address (we will only request this information from you if you win the Giveaway).
6. You are not eligible to enter the Giveaway if you are an immediate relative of any of our company directors.
ENTRY
7. To enter the Giveaway you must (Entry Requirements):
(a) be eligible pursuant to clause 5 above;
(b) follow the account “@duoarthouse” using the Instagram application;
(c) “Like” the Instagram post which announces the Giveaway (Instagram Post); and
(d) “Comment” on the Instagram Post, including by “tagging” another legitimate Instagram account (Comment). There is no limit on the number of times you can Comment.
8. Each Comment counts as 1 entry to the Giveaway, provided all Entry Requirements are met (Entry).
9. Whether or not your Entry meets the Entry Requirements will be assessed by us upon conclusion of the Giveaway Period.
10. You acknowledge that we are not responsible for any incorrect, incomplete, late or deleted Entries.
11. The following Entries will be deemed invalid:
(a) Comments that are incomplete or indecipherable;
(b) Comments by Instagram accounts that, at our discretion, appear to be illegitimate or spam accounts; and
(c) Entries that do not comply with these terms, including the Entry Requirements.
PRIZE
12. The prize is one framed fine art photograph print in ‘Gallery’ size from Duo Arthouse (viewable here) (Prize). The retail value of the Prize is $1,599.00.
13. We accept no responsibility for any change in Prize value on or after the date the Prize is redeemed.
14. The Prize will be drawn within 24 hours of the close of the Giveaway Period as follows:
(a) we will count the total number of Comments made during the Giveaway Period (Total Number) in order of oldest to newest on the Instagram Post (Comment Number);
(b) we will ask “Siri” using an Apple device to randomly draw a number between 1 and the Total Number (Winning Number);
(c) the Winning Number that Siri provides will be compared with the corresponding Comment Number (Winning Comment); and
(d) if the Winning Comment does not fulfil the eligibility or entry requirements as set out in these Terms, the Prize will be re-drawn via the same process identified in this paragraph. This process will be completed until a Winning Comment is identified that complies with these Terms.
15. If your Comment number is the Winning Number as drawn in accordance with clause 14, you win the Prize the subject of this Giveaway (Winner).
CLAIMING THE PRIZE
16. If you are the Winner, we will notify you by way of "direct message” on Instagram to the account which posted the Winning Comment (Notification).
17. The Notification will request from you:
(a) your contact information, including a delivery address for the Prize; and
(b) your choice of print from the Debut Collection (being your Prize).
18. If you are the Winner, you must respond to the Notification within four weeks of the date of the Notification with accurate information (Response).
19. Your Prize will be delivered to you free of charge (or made available for your collection) within approximately 4 weeks from the date the order has been placed. You acknowledge that this is an approximation only and will not hold us liable if delivery of the Prize is delayed for any reason beyond our control.
20. If you do not cooperate with us to claim your Prize in accordance with clause 18, the Prize will be redrawn by us on the same basis set out in these Terms and the new winner will be notified by us in the same manner as set out in these Terms.
21. The Prize is not transferable, saleable, or redeemable for cash, credit or equivalent.
LIABILITY
22. Nothing in these Terms excludes, restricts or modifies any rights or remedies under the Competition and Consumer Act 2010 (Cth) or other consumer protection laws in Queensland that cannot be excluded, restricted or modified.
23. Subject to clause 22 and to the fullest extent permitted by law, we and our officers, directors, employees, contractors and agents:
(a) make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Giveaway or the merchantability, quality or fitness for purpose of the Prize;
(b) 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 Giveaway, including where arising out of:
(i). any technical difficulties or equipment malfunction (whether or not under our control);
(ii). any theft, unauthorised access or third party interference;
(iii). any variation in Prize value or specification;
(iv). any lost or deleted Comments;
(v). any liability or similar charge incurred by the Winner; or
(vi). use of the Prize by the Winner.
24. You agree to indemnify us and our officers, directors, employees, contractors and agents, from and against any breach of these Terms by you or any claim threatened or raised by you, for which liability is excluded.
DISTRUPTION TO GIVEAWAY
25. If, for any reason, this Giveaway is interfered with in any way or is not capable of being conducted as planned due to any event or circumstance beyond our control, we may at our discretion, to the fullest extent permitted by law:
(a) disqualify any entrant who tampers or interferes with the entry process; and
(b) cancel, modify or rescheduled the Giveaway, as appropriate.
GENERAL
26. Any failure to enforce our rights does not constitute a waiver of those rights.
27. Any part of these Terms that is illegal, void, or unenforceable may be severed, and the remainder will continue in force.
28. This Giveaway and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Queensland, Australia.
PERSONAL INFORMATION
29. Your privacy is important to us. We will not use personal information provided by you to enter the Giveaway for any purpose other than the Giveaway.
30. All personal information collected by us is collected under the terms of our Privacy Policy, accessible here.
31. If you have any concerns regarding how your personal information is being managed, please contact us at support@duoarthouse.com.au.