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RMN Co Birthday Competition Terms and Conditions

1. GENERAL

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a) Entry into the RMN Birthday competition (“Competition”) is deemed acceptance of these Terms and Conditions. You agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of RMN Co, as final and binding as it relates to the content. The Competition is subject to all applicable federal, state and local laws. Instructions on ‘How to enter’ also form part of these Terms and Conditions.

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b) No product purchase is required to enter or win. A purchase does not increase the chances of winning.

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c) For the purpose of these Terms and Conditions, the promoter is RMN Co ABN 77 327 575 359  of PO Box 480, Broadway NSW 2007. (“Promoter”).

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d) This competition is in no way sponsored, endorsed, administered by or associated with Instagram. By participating in the competition, entrants confirm they are 18+ years of age, agree to abide by the rules of the competition, release Instagram of responsibility and agree to Instagram’s terms of use (https://help.instagram.com/581066165581870​)

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2. COMPETITION ENTRY
a) Entry is open to residents of Australia who are 18 years or older and living in Australia (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, "immediate families" of an employee includes his or her spouse, ex-spouse, de facto spouse, child, stepchild, adopted child, parent, stepparent, grandparent, uncle, aunt, siblings, stepsiblings, or first cousin.

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b) The Competition will run on or about 5.00pm (AEST Sydney) Wednesday 26 April, 2023 until 11.30pm (AEST Sydney) Sunday 30 April, 2023.

 

c) Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.

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d) HOW TO ENTER: 

The Competition must be entered via the official RMN Co Instagram account @rmnco_store. To enter, entrants will need to: 

1. Follow our Instagram account @rmnco_store
2. Like the RMN Co competition post
3. Additional chances to win will be given to the entrants who: 

  • Share the RMN Co competition post to your Instagram account as a story and tag our Instagram account @rmnco_store

  • On the RMN Co competition post, tag a friend in the comments who would love to be in the draw to win (one tag per comment, one tag = one additional entry)

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e) The material used to market and promote the competition forms part of the competition terms.  If there is an inconsistency between the material used to market and promote the competition and the competition terms, the competition terms prevail.

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f) On entering the competition via the method/s described under How to Enter in the criteria outlined above (“Entry), the Entry will be automatically entered into the Competition for the relevant Competition Period, The Entrant may enter as many times as they like throughout the Competition Period. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Promoter.

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g) An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.

 

h) The Promoter has the right, in its sole discretion, to maintain the integrity of the Competition , to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition  rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition  may be a violation of criminal and civil laws and should such an attempt be made, The Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.

 

i) By entering the Competition you agree to receive email newsletters periodically from The Promoter. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

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j) All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Instagram account, TikTok or any other social media platform or in any digital or promotional communications.

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k) By entering the Competition you understand that The Promoter, anyone acting on behalf of The Promoter, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Competition, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

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l) Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.

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m) By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.

 

n) Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to alter the design and use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.

 

o) The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.

 

p) The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.
Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

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q) Any costs associated with entering this Competition are the responsibility of each Entrant.

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r) The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.

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s) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.

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3. WINNER SELECTION
a) Following the end of the Competition period, prizes will be drawn by the Promoter on Monday May 1, 2023. Two winners will be drawn from all Entries during the competition period (“Winning Entry”).

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b) The Entrant who submitted one of the Winning Entries (“Winner”) will win an AUD$250 RMN Co eGift card (“Prize”).

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c) The Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within two weeks of a draw or if the Prize cannot be redeemed by a Winner. This new Winner will be appointed by conducting a second draw of the eligible Entries from the same competition period as per the original draw, taking place in the same manner and at the same premises as the initial draw on a date to be determined by the Promoter. The new Winner will be contacted and the Prize will be delivered in the same manner as the original draw.

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d) All Prize draws are final and no correspondence will be entered into.

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4. AWARDING PRIZES
a) The maximum total value of the Prize pool awarded in this Competition is AUD$500, made up of a total of 2 x $250 RMN Co eGift cards (1 x $250 RMN Co eGift card per winner). You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. The specifics of the prize shall be solely determined by the Promoter. No cash or other prize substitution permitted except at Promoter’s discretion. The prize is non-transferable. 


b) Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for the Promoter to use the winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

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c) The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize of equal or greater value.

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d) The RMN Co eGift card is redeemable online at RMNCO.COM.AU. It can be used to pay for purchases up to the value of the RMN eGift card or above the value, in which case the recipient needs to make up the difference with an alternate form of payment. The RMN Co eGift card can be partially redeemable; however no monetary change will be issued. Within the validity period of the gift card, any available balance can be used for multiple purchases on RMNCO.COM.AU. However, any unused balance will not be refunded or credited on expiry. The gift card is valid for 3 years following the date of issue.

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e) The Winner will be notified via Instagram Direct Message by 5:00pm AEST on Wednesday May 3, 2023  after their Winning Entry is drawn and their name and state will be posted at www.rmnco.com.au/competition-terms. They will be directed to email the Promoter with any details required to deliver the Prize.

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f) The Prize will be delivered to the Winner electronically via email within one month of receiving their details.

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g) The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted. 

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h) The Promoter shall have no liability for a winner's failure to receive notices due to winners' spam, junk email or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Competition is conditioned upon compliance with any and all federal and state laws and regulations. Any violation of these official rules by any winner (at promoter’s sole discretion) will result in such winner's disqualification as winner of the competition  and all privileges as winner will be immediately terminated.

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i) The Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within two weeks of a draw or if the Prize cannot be redeemed by a Winner. This new Winner will be appointed by conducting a second draw of the eligible Entries from the same competition period as per the original draw, taking place in the same manner and at the same premises as the initial draw on a date to be determined by the Promoter. The new Winner will be contacted and the Prize will be delivered in the same manner as the original draw.

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j) All Prize draws are final and no correspondence will be entered into.


5. PERSONAL INFORMATION
a) The Promoter will collect Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at https://www.rmnco.com.au/privacy-policy

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b) By entering the competition, each entrant consents to the promoter using their personal information for future marketing and promotional purposes.

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c) By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in.

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6. FORCE MAJEURE

a) In the event of a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Competition, The Promoter reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Competition. In such a case, the Promoter may choose to select from the recipients from all eligible entries received prior to or after such an event. The Promoter reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions.


7. LIABILITY
a) This Competition, or any aspect of it, may be changed, withdrawn or suspended by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).

Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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:

  • any problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;

  • any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;

  • any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;

  • any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);

  • any tax liability incurred by an Entrant (independent financial advice should be sought);

  • participation in this Competition; or

  • cancellation of this Competition.

 

b) This competition  is governed by the laws of Australia and NSW, without respect to conflict of law doctrines. As a condition of participating in this Competition , participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Competition , shall be resolved individually, without resort to any form of class action, exclusively before a court located in NSW having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Competition ), and participant further waives all rights to have damages multiplied or increased.

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c) Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

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d) These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Australia and any court hearing appeals from those courts.
These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.

 

e) Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

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f) This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this Competition  and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.

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If you have any questions related to the competition or competition terms, please contact us.

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