Competition Terms and Conditions
Avène Hydrance Competition
Conditions of entry (“Conditions of Entry”)
Promoter: Pierre Fabre Australia Pty Ltd, ABN 30 098 999 850,
901/ 1 Elizabeth Plaza North Sydney NSW 2060
Start date: 17.03.2021 at 09:00 AM AEDT
End date: 29.03.2021 at 08:00 PM AEDT
Yew Jin Fong
Eligible Entrants: Entry is open to Australian residents aged 18 and over (“Entrant”).
How To Enter - To enter the Promotion, the Entrant must complete the following steps during the Promotional Period:
a) Visit the Eau Thermale Avène Facebook Page at https://www.facebook.com/aveneaustralia(“Website”);
b) Entrants must via the form on Facebook; submit their details and answer the prompt “Tell us in 25 words or more how you keep your skin hydrated all year round”.
Number of entries permitted: The Entrant may enter the Promotion once during the Promotional Period and only one eligible entry per Entrant will be accepted. The Entrant is eligible to win one (1) prize.
Prize Description - Each individual prize (“Prize”) consists of:
- Hydrance Intense Rehydrating Serum 30ml (RRP: $59.95)
- Hydrance Optimale – Aqua Cream-in-Gel 50g (RRP: $56.95)
- Hydrance Hydrating Sleeping Mask 50ml (RRP: $ 56.95)
- Sunscreen Emulsion Face SPF50 50ml (RRP: $26.95)
- Frank Green ceramic reusable bottle 20 oz (colours vary) (RRP: $49.95)
Number of this Prize: 10
Value (per Prize): up to $250.75
Total Prize Pool: The total Prize pool is valued at up to $2,507.50
Winning Method: Judging the merit of the Entrants’ answers and applications as set out in paragraph 4 of this Conditions of Entry: 31.03.2021 at 12:00 PM AEDT
Conditions: Not transferable, substitutable or exchangeable nor redeemable for cash (including any unused portion).
Notification of Prize winners: The winners will be notified via email by 09.04.2021 at 06:00 PM AEDT.
The winners’ names (first name and surname initial) will be published at https://www.avene.com.au/competition-terms-and-conditions on 10.04.2021.
Unclaimed Prizes: Prizes must be claimed by 11.04.2021 by 18:00 PM AEDT. Unclaimed Prizes will be disposed of in any manner the Promoter considers appropriate, including the choice to award to a reserve winner whose answer and application may have merits.
Terms and Conditions
1. The Entrant agrees and acknowledges that they have read these Conditions of Entry and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry. Any capitalised terms used in these Conditions of Entry have the meaning given in the preamble of these Conditions of Entry, unless stated otherwise. These Conditions of Entry apply to all competitions run by the Promoter in Australia. They apply to any and all online competitions run by the Promoter in Australia, including those on Facebook, LinkedIn and Twitter and any other social media platforms.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries must be received during the Promotional Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. Valid and eligible entries will be accepted up to 29.03.2021 at 08:00 PM AEDT.
3. Employees (and the immediate family members of employees) of the Promoter, its retailers, distributors, suppliers and associated companies and agencies are not eligible to enter.
a) At this judging, the winners will be determined by a panel of judges. Each entry will be judged on the basis of the individual creative merit of the response. The winners will be selected by the judges on criteria such as accuracy, literacy or creativity of the answer received by the Promoter. After selecting the winners, the judges will select the entries judged as the next best entries after the winners as a reserve winners in case of an unclaimed Prize. Judging will be conducted by a panel of the Promoter's representatives on 31.03.2021 at 12:00 PM AEDT at 901/ 1 Elizabeth Plaza North Sydney NSW 2060.
b) The winners will be determined by skill. Chance plays no part in determining the winners. The judges’ decision is final, and binding and no correspondence will be entered into.
c) If any particular judging is scheduled on a public holiday, the judging will be conducted at the same time and location on the following business day.
d) The Promoters reserve the right to verify the validity of entries and entrants (identity and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process.
5. All reasonable attempts will be made by the Promoter to contact each winner.
6. If any winner chooses not to take their Prize by the time stipulated by the Promoter (or is unable to), they forfeit the Prize and the Promoter is not obliged to substitute the Prize.
7. The value of the Prizes is accurate and based upon the recommended retail value of the Prizes at the date of printing. The Promoter accepts no responsibility for any variation in the value of the Prizes after that date.
8. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the Entrant to access the Website via their Internet service provider.
9. Prizes will be awarded to the person named in the entry and any entry that is made on behalf of an Entrant or by a third party will be invalid.
10. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and Entrant’s details (including an Entrant’s identity, age and place of residence).
a) In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
b) The Entrant is responsible and may be liable for the content of the entry. In the event that the Promoter fails to immediately identify that the content of an entry may infringe third party rights, including intellectual property rights, the Promoter accepts no responsibility or liability for an Entrant’s infringement.
c) The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
11. All entries will be the property of the Promoter. The information Entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may collect Entrants’ personal information (including through its contractors or agents) or disclose Entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with, or developing its relationship with, Entrants including to overseas locations. By entering this Promotion, Entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the Entrant via electronic messaging. By entering this Promotion, Entrants consent to email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988.
12. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the Prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the Prize. It is a condition of accepting the Prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the Prize(s).
13. If a Prize is provided to the Promoter by a third party, the Prize is subject to the terms and conditions of the third party Prize supplier and the provision of the Prize is the sole responsibility of the third party and not the Promoter. In such circumstances, the terms and conditions which apply to the Prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any delay or failure relating to the Prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
14. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
15. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, subject to State or Territory regulation.
16. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.
17. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any Prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
18. The Entrant will licence, assign, authorise, consent or otherwise transfer to the Promoter all intellectual property rights, title and interest (including moral rights) throughout the world in and to all material sent or provided by the Entrant to the Promoter and acknowledges and agrees that the material may be used without further reference or compensation to them. The Entrant may be required to sign documentation as provided by the Promoter to give effect to the above.
19. The Entrant warrants and represents that any material sent or provided by the Entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the Entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements.
20. The Promoter accepts no responsibility for any tax implications and the Entrant must seek their own independent financial advice in regards to the tax implications relating to the Prize or acceptance of the Prize.
21. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
22. Facebook rules
a) Subject to Facebook’s terms and conditions, each Entrant releases Facebook of liability.
b) The Promoter acknowledges that the promotion is not sponsored, endorsed or administered by, or associated with, Facebook.
c) Promotions are administered on pages or within apps on Facebook. However, personal Timelines and friend connections must not be used to administer promotions (ex: “share on your Timeline to enter” or “share on your friend's Timeline to get additional entries”, and "tag your friends in this post to enter" are not permitted).