The 5k Holiday Giveaway
OFFICIAL TERMS AND CONDITIONS
PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Promotion Period. The $5K Holiday Giveaway (the “Promotion”) will begin at 9:00 AM AEDT on 5th January 2023 and will end at 11:59 PM AEDT on 5th February 2023 (the “Promotion Period”). Winner will be announced at 10:00AM AEDT on the 6th February 2023.
White Fox Boutique Pty Ltd’s (“White Fox” or “Promoter”) 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 Promoter 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, TikTok and Twitter. You understand that you are providing your information to the Promoter and not to Instagram, Facebook, Snapchat, Pinterest, TikTok and Twitter.
2. Promoter. White Fox Boutique Pty Ltd
45-49 Dunning Avenue
Rosebery, NSW, 2018
Australia
ABN 35 606 710 114
Email Address: info@whitefoxboutique.com
3. Eligibility. Open only to legal residents of Australia, who are 18+ years of age. Promoter’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. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
4. How to Enter. To enter the Promotion, visit https://whitefoxboutique.com.au/collections/swimwear during the Promotion Period and place an order for any item/s in the “Swimwear” Category (the “Purchase”) on the White Fox Boutique website, located at https://whitefoxboutique.com.au. Each eligible Purchase will receive one (1) entry into the Promotion. Multiple entries permitted. The Purchase can contain both items in the Swimwear category and other categories on the White Fox Boutique website. No minimum spend per order.
For the removal of doubt, entries are still valid for any Purchases returned to White Fox Boutique in full or in part for store credit. Orders returned for refunds or exchanges will not be allowed (for further information, see the Promoter’s return policy at https://whitefoxboutique.com/pages/returns and will result in the entrant’s entry being declared invalid.
6. Winner Selection. The selection will take place at 45 – 49 Dunning Avenue Rosebery NSW 2018, Australia on the 6th February, 2023, AEDT. This is a game of chance, one (1) winner will be selected at random from the eligible Purchases placed during the Promotion Period. Potential winners may be required to provide the Promoter with proof of identity and age to confirm their eligibility to enter the Promotion and claim the prize. ALL DECISIONS ARE FINAL.
7. Prize. One (1) winner from among all eligible entries will win $5,000 AUD in cash.
The Prize is awarded “AS IS” and is non-transferable, and no substitution by the winner is allowed, and the Promoter will not replace any lost or stolen prize. The Promoter 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.
8. Winner Notification. The potential winner will be notified by email at the email address supplied on the order on or about 6th February, 2023 AEDT (the “Notification Date”). Winner must reply to the Promoter's email to claim the prize within thirty (30) calendar days of the Notification Date. If the Prize is not claimed the Prize will be forfeited and a re-draw will be conducted at 10:00AM AEDT on the 7th March 2023. The re-draw will take place at 45 – 49 Dunning Avenue Rosebery NSW 2018. The re-draw winner will be notified by email within two (2) business days of the re-draw date.
Except where prohibited by law, participation in the Promotion constitutes potential winner’s consent to Promoter’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.
9. Privacy. The Promoter 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. Entrant PI received shall be treated by Promoter in accordance with the Promoter’s privacy policy, which is located at https://whitefoxboutique.com.au/pages/privacy-policy and in addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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 Promoter.
10. General Conditions. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Promoter’s decisions, which are made in the Promoter’s sole discretion and are final and binding in all matters related to the Promotion. Promoter 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 Promoter. 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, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitation of Liability. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Promoter 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 unauthorized 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 utilized 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, unauthorized 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 Promoter reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. In such an event, Promoter shall immediately suspend the prize award, and Promoter 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 Promoter. Promoter 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.
12. Release. Except where prohibited, by participating in the Promotion, entrants agree to release, indemnify, defend and hold harmless to the Promoter, Instagram, Facebook, Snapchat, Pinterest, TikTok, Twitter, 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) unauthorized 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) unauthorized human or non-human intervention of the operation of the Promotion, including, without limitation, unauthorized 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.
13. Force Majeure. The failure of Promoter 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 Promoter or other force majeure event shall not be considered a breach of these Official Rules.
14. 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 New South Wales, 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.
15. Winner’s List. For the name of the prize winner, which will be available after winner confirmation is complete, visit Promoter’s Instagram page (@whitefoxboutique).
16. Permits. Permit No ACT TP 22/02315.1
