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Terms & Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

  1. Promotion Period. Win a free influencer promotion (the “Promotion”) will begin at 7:00:00 p.m. Australian Eastern Standard Time (“AEST”) on Monday, 4th September, and will end at 10.00am. AEST on September 25th  (the “Promotion Period”).  26 Talent Pty Ltd(“26 Talent” or “Sponsor”) computer is the official timekeeping device for the Promotion.

 

By participating in the Promotion, entrants represents that they have reviewed, accepted and agreed to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects.  Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules.  This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Snapchat, Pinterest, or TikTok. You understand that you are providing your information to the Sponsor and not to Instagram, Facebook, Snapchat, Pinterest, or TikTok.

 

  1. Sponsor. The Promotion is sponsored by:

 

26 Talent Pty Ltd 

Queensland, Australia.

ABN 99 661 536 563 

Email Address: talent@26talent.com.au

 

  1. Eligibility. Open only to legal residents of Australia and New Zealand who are 18 years of age (or the age of majority in your state of residence if greater than 18) or older at the time of entry.  Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors and employees, as well as the household members (whether or not related) and immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, or spouses) of each are ineligible to enter the Promotion or win a prize.  This Promotion is subject to all applicable federal, state, territorial and local laws and regulations.  

 

  1. How to Enter. To enter the Promotion, 

 

  1. Complete our registration/ entry form (Australian residents only). 

 

  1. ensure you are following the social media account on instagram https://www.instagram.com/26talentagency

 

  1. Be subscribed to 26 Talent Agency brand email list here.

 

Upon your submission of a completed Entry Form, you will receive two (2) entry into the Promotion.  By entering the Promotion and/or submitting any Submission, you hereby grant to Sponsor, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free right and license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly perform, publish, create a derivative work from, and publicly display the Submission, or any portion thereof, in any media now known or later developed and for any purpose (collectively, the “Rights”).  Entrants agree to provide access to 26 Talent Agency team for reporting purposes to their website discount data reports on the platform they utilise (e.g. Shopify). Entrants agree that Sponsor does not have any obligation to provide any compensation or attribution to entrants for their Submission or the licenses granted herein.  Entrants must provide a minimum 15% off discount code as apart of the execution phase. Entrants acknowledge that 26 Talent Agency will be responsible for 100% of talent choice and allocation for winning brands. Entrants also consent to any use of their Submission which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights.  Entrants further certify that they have all rights and licenses necessary to grant to Sponsor the Rights granted in the Submissions.  Entries will not be returned to the entrant or acknowledged.  Without limiting any other terms herein, the entrant agrees to indemnify the Sponsor for any breach of the above.Entries submitted by script, macro or other automated or mechanical means, entries by any means which subvert the entry process, entries mechanically reproduced, and entries made in any fashion other than as specified herein are void and will be disqualified.  Entry must be made by the entrant.  Any attempt by entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void entrant’s entries and that entrant may be disqualified.  In the event of a dispute, entries will be declared made by the authorised account holder of the email address submitted at time of entry. “Authorised account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

  1. Submission Guidelines. Submissions must be in made during the specified promotional period timeline to be eligible and complete all conditions. 

 

  1. Judging and Winner Selection. The judging will take place in Queensland, Australia on 18th September and 25th September at 12.00pm. This is a game of chance and will determine the winner. WINNER IS FINAL AND NO CORRESPONDENCE WILL BE ENTERED INTO.  26 Talent Agency may select additional reserve entries which they determine, and record them in order, in case of an invalid entry or ineligible entrant.In the event of a dispute concerning the identity of any potential winner, the potential winner’s entry will be deemed submitted by the natural person who is the authorised holder of the email account provided at the time of entry.  Potential winners may be required to provide Sponsor with proof that they are such authorised holders of the email account provided in connection with their entry into the Promotion.

 

  1. Prize. Two (2) winner from among all eligible entries received will win an influencer promotion coordinated by 26 Talent Agency for their brand up to the value of $1000 AUD. 

 

If the winner is an international resident, the winner will not be eligible for entry, and deemed ineligible where a reserve entrant will be chosen.  If the winner declines to take delivery of the Prize, the Prize will be forfeited, and a reserve entrant may be named the potential winner at Sponsor’s sole discretion. Prize is awarded “AS IS” with no warranty or guarantee, either express or implied by Sponsor.  Prize is subject to the terms and conditions of the issuer, and Sponsor will not replace any lost or stolen prize.  Except where prohibited by law, winner is solely responsible for all expenses not specifically included herein and all federal, state, territorial, and/or local taxes, and fees in connection with the Prize.  Prize is non-transferable, and no substitution  is allowed unless otherwise specified. Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of equal or greater value and/or specification.  Failure to comply with the Official Rules will result in forfeiture of the Prize. 

 

  1. Winner Notification. Winner is subject to verification.  The potential prize winner will be notified by phone and by email at the phone number and email address supplied on the Entry Form on or about 18th – 19th September and 25th-26th September the “Notification Date”).  Within one (1) calendar days of the Notification Date, the potential winner will be required to execute a response of acceptance.  If the potential prize winner cannot be contacted, within the required time period, or the prize is returned as undeliverable, the prize will be forfeited and may be awarded to a reserve winner. 

 

Except where prohibited by law, participation in the Promotion constitutes potential winner’s consent to Sponsor’s use of winner’s name, image, likeness, photograph, voice, and city and state of residence for promotional purposes in any media, worldwide, irrevocably and in perpetuity without further notice, payment, or consideration to the potential winner.

 

  1. Privacy. The Sponsor collects personal information (“PI”) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. 26 Talent Agency will be collecting entrant details for mutual use. 

Entrant PI received shall be treated by Sponsor in accordance with Sponsor’s privacy policy,  and in addition to any use that may be outlined in the Sponsor’s Privacy Policy, the Sponsor may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI. All entries become the property of the Sponsor. 

 

  1. General Conditions. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are made in the Sponsor’s sole discretion and are final and binding in all matters related to the Promotion.  Sponsor reserves the right to disqualify any entrant who is responsible for, tampers with, cheats, deceives, or otherwise engages in unfair practices concerning the administration, operation or security of the Promotion or intends to annoy, abuse, threaten or harass any other entrant or Sponsor.  ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. Limitation of Liability. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sponsor assumes no responsibility or liability 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 late, lost, damaged, misdirected, incorrect or incomplete entries; (b) any typographical errors in the offer or administration of the Promotion, including, but not limited to, errors in any Promotion-related materials, including all advertising for the Promotion, these Official Rules and the distribution of a prize; (c) incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (d) any unauthorised access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilised in any aspect of the operation of the Promotion; (f) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (g) suspended or discontinued Internet, wireless or landline phone service; or (h) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion or download of any materials in the Promotion.

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 2010 (Cth), 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.If the Promotion is not capable of running as planned for any reason, which may include without limitation, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, regularly scheduled maintenance, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, or any other reason, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such event, Sponsor shall immediately suspend the prize award, and Sponsor reserves the right to award the prize using all known eligible entries received as of the date of termination in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Promotion.  No more than the number of prizes listed herein will be awarded.

 

  1. Release. Except where prohibited, by participating in the Promotion, entrants agree to release, indemnify, defend and hold harmless Sponsor, Instagram, Facebook, Pinterest or TikTok and their respective subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of your participation in the Promotion or from your receipt, acceptance, use or misuse of any Promotion prize, including, but not limited to: (a) unauthorised human intervention in the Promotion; (b) technical malfunctions related to computer hardware or software, servers, Internet connectivity, or telephone or network lines; (c) garbled, jumbled or faulty data transmissions; (d) typographical or printing errors in any Promotion-related materials; (e) errors in the administration of the Promotion or the processing of entries; (f) late, lost, delayed, intercepted or undeliverable mail or email; (g) unauthorised human or non-human intervention of the operation of the Promotion, including, without limitation, unauthorised tampering, hacking, theft, virus, bug, worm, or destruction of any aspect of the Promotion; or (h) injury or damage to persons or property and/or death.  Each entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. 

 

  1. Force Majeure. The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.

 

  1. Governing Law / Jurisdiction. The Promotion is subject to all applicable, as the case may be, national, federal, territorial, state, and local laws of Australia. To the extent permitted by law, entrants consent to the jurisdiction and venue of the courts located in Queensland, Australia for the resolution of any disputes, claims and causes of action arising out of or relating to this Promotion or the prize (individually, “Claim”).  All Claims shall be resolved individually, without resort to any form of class action.  Any claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including without limitation costs incurred with entering this Promotion.  Entrant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of entrant, identifiable persons, or third party participants, whether foreseeable or not and whether based on negligence or otherwise.

 

  1. Winner’s List. For the name of the prize winner, which will be available after winner confirmation is complete, visit Sponsor’s Instagram page (@26talentagency)

ABBREVIATED RULES: NO PURCHASE NECESSARY TO ENTER OR WIN.  This giveaway is open only to legal residents of Australia & NZ, 18+ years of age.