Terms and Conditions

1.0 General

1.1 Entry into the Contest will be deemed as acceptance of these Terms and Conditions.

1.2 This Contest is only open to Australian residents, aged 18 years or over who comply with the entry instructions described in these Terms and Conditions. The winner of the Contest should be physically present in Australia to receive delivery of the prize.

1.3 The Contest begins on 18.10.2019 at 9.00 AM AEST and ends on 25.12.2019 at 9.00 AM AEST (Promotion Period). Note that the Bose Selfie booth will not be available in Myer Sydney until the opening of the Myer Sydney Giftorium floor on 1.11.2019.

1.4 The participants have to meet the following criteria:
• You will need a public Instagram or Twitter account to participate in the Contest. If you don’t already have one, you may create one by visiting https://www.instagram.com/ or https://twitter.com/. Instagram accounts are free but are subject to Instagram’s Terms and Policies (https://help.instagram.com/581066165581870). Twitter accounts are free but are subject to Twitter’s Terms and Policies (https://twitter.com/en/tos).
• Have internet access

1.5 Employees of BOSE and their immediate families and anyone else involved in the operation of the Contest are excluded from entering. Immediate family means any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister, or 1st cousin.

1.6 To enter the Contest you must take a selfie of you wearing Bose Frames in one of our Bose selfie booths at Myer in Melbourne or Sydney and upload it on your Instagram page or Twitter page during the Promotion Period with the hashtag #BoseFramesGiftorium. Our Bose Selfie Booths will be located inside the Myer Melbourne store from the 18th October 2019 (314-336 Bourke St, Melbourne VIC 3000) and the Myer Sydney store (436 George St, Sydney NSW 2000) from the 1st November 2019. Entries will be deemed invalid if they do not adhere to these Terms and Conditions.

1.7 Entrants may only enter the Contest once via their Instagram and/or Twitter account. If multiple entries are received for one entrant, the first entry received on Instagram and/or Twitter will be accepted and the remaining entries will not be accepted for this Contest’s purposes. Any entries received after the Promotion Period ends will not be accepted.

1.8 To the maximum extent permitted by law BOSE cannot accept responsibility for entries which are lost, damaged, delayed, or spammed.

1.9 Entrants warrant and agree that:

a. they will not post any content that is unlawful, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist, objectionable with respect to religion, origin or gender, unsuitable for persons under the age of 18 years, or otherwise unsuitable for publication;
b. all of the content has been personally created by them, and does not breach any intellectual property, privacy, publicity, or other rights of any third party;
c. they have full authority to grant BOSE the rights referred to in these Terms & Conditions; and
d. they will indemnify BOSE against all loss, damage, and liabilities arising from a breach of any of the warranties in these Terms & Conditions.

2.0 Winner selection

2.1 This Contest is a game of skill. Chance plays no part in determining the winner. All entries will be judged individually on their merits based on their creativity and originality. The best three entries as determined by the judge(s) will each receive a prize.

2.2 Judging will take place at 10:00 AM on 6.01.2020 at 3/2 Holker Street, Newington NSW 2127. Entries will be judged by one or more judges appointed by BOSE.

2.3 The winners will be notified by BOSE within 24 hours of the judging via a comment/reply on the winner’s post. The winners are required to respond to this notification to accept their prize within 72 hours. If the winners do not respond within the required time period he/she will be ineligible to receive the prize. In that event, BOSE will award the prize to the next most creative and original entry as determined by the discretion of the judges. Any replacement winner(s) will be notified via a comment/reply on their post, by 13.01.2020. The replacement winner(s) must accept the prize by responding to the notification within 72 hours. If the replacement winner(s) do not respond within the required time period, no further winners will be chosen.

3.0 Prize

3.1 The prize is composed of:
1 Pair of Bose Frames ($299.95 AUD), to be won by each winner. Each winner will be able to choose between a pair of Bose Frames in either the Alto style (Small/Medium Global Fit or Medium/Large) or Rondo style (Small/Medium) subject to availability and excluding any accessories. The prize also excludes lenses from the Bose Frames Lens Collection.

The total value of all prizes is $899.85 AUD.

Details regarding prize delivery method and the timing of delivery will be confirmed to the winners via Instagram or Twitter private message.

3.2 All taxes (excluding GST) and incidental expenses which may be payable as a consequence of receiving the prize are the sole responsibility of the winner.

3.3 Prizes are non-negotiable, non-transferable, and not redeemable for cash.

3.4 BOSE reserves the right to offer an alternative prize in the event of the original prize being unavailable of equal or greater value, at BOSE's sole discretion. Winners will not be entitled to any additional compensation in the event that the prize or an element of the prize has been substituted in this way.

4.0 Privacy

4.1 By entering the Contest, you acknowledge and agree that BOSE will collect and use your personal information for the purposes of conducting the Contest (including (if applicable) publishing your name and suburb if you are a winner) and any other purposes to which you have consented, including for marketing, publicity, research and profiling purposes. Entry is conditional on providing this information. By entering this Contest, unless otherwise advised, each entrant agrees that BOSE may disclose their personal information to third parties, including BOSE's agents, affiliates, contractors, and any third-party prize supplier, including to arrange for delivery of the prize to the winners. Any collection or use of entrant’s personal information will be in accordance with BOSE's Privacy Policy, available at https://www.bose.com.au/en_au/legal/privacy_policy.html. Entrants may access the personal information BOSE holds about them, and should direct any request to access, update, or correct information to BOSE at Bose Pty Limited, 3/2 Holker Street, Newington NSW 2127.

4.2 Entrants consent to BOSE using their name, image, entry photograph and/or voice in the event that they are a winner in any media, including BOSE's website and social media pages, for an unlimited period of time without remuneration for the purpose of promoting this Contest and or promoting any products manufactured, distributed, and/or supplied by BOSE. The winner also agrees to take part in and cooperate fully with any reasonable publicity requirements as instructed by BOSE from time to time and to the use of their name and photograph in such publicity. The winner agrees to sign any further documentation required by BOSE to give effect to this arrangement, as a precondition to being awarded the prize.

5.0 Other

5.1 To the maximum extent permitted by law, BOSE accepts no responsibility for entries that are lost or not received, damaged, or delayed or which cannot be sent due to technical error, or any other cause beyond its reasonable control.

5.2 The Promoter will make every effort to ensure that the Contest runs without technical problems. However, to the maximum extent permitted by law, BOSE is not responsible for interruptions of service due to technical problems, system failures or software, delays or other issues beyond its reasonable control that may affect the participants’ ability to compete in this Contest or to operate Instagram or Twitter.

5.3 To the maximum extent permitted by law, BOSE reserves the right (acting reasonably) to reject entries from entrants not entering into the spirit of the competition. If an entrant attempts to compromise the integrity or the legitimate operation of this Contest by hacking or by cheating or committing fraud in ANY way, we may seek damages or any other remedy from that entrant to the fullest extent permitted by law. Further, we will disqualify that entrant’s entry to this Contest and may ban the entrant from participating in any of our future promotions, so please play fairly.

5.4 If the Contest is not capable of running as planned, due to reasons beyond the reasonable control of BOSE, it reserves the right, to cancel, terminate, modify or suspend all or part of the Contest at any time as appropriate. Any cancellation or modification of this Contest will be notified on Bose Australia’s Instagram and Twitter page.

5.5 BOSE reserves the right to ask participants for proof of age, identity, and other information relevant to entry into or participating in this Contest. Verification is at the discretion of BOSE whose decision is final.

5.6 BOSE (including its officers, employees, and agents) will not be responsible for any:

a. personal injury;
b. loss or damage (including loss of opportunity, profits, goodwill or business revenues, and any other special, indirect or consequential losses), arising in any way out of the Contest including, but not limited to, injury, loss, or damage which arises as a result of any of the following:

(i) any technical difficulties or equipment malfunction due to any reason beyond the reasonable control of BOSE;
(ii) electronic or human error which may occur in the administration of the Contest or the processing of entries which is beyond the reasonable control of BOSE;
(iii) any theft, unauthorised access, or third-party interference which impacts on the conduct of the Contest and is beyond the reasonable control of BOSE;
(iv) any entry or prize claim that is late, lost, stolen, altered, damaged, or misdirected (whether or not after their receipt by BOSE) due to any reason beyond the reasonable control of BOSE;
(v) any variation in the prize to that stated in these Terms and Conditions;
(vi) any tax liability incurred by a winner or entrant; or,
(vii) use of a prize,

except to the extent that such injury, loss or damage is due to the negligence or wilful misconduct of BOSE, or otherwise cannot be excluded by law.

5.7 The prize winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded or limited by BOSE. These rights include statutory guarantees that any goods provided by BOSE will be of acceptable quality and fit for purpose, and that any services provided by BOSE will be rendered with due care and skill. These Terms and Conditions do not, and do not intend to, exclude or limit those statutory rights in any way. However, to the extent that it is permitted by law to do so, BOSE makes no representations or warranties, express or implied, under laws other than the Australian Consumer Law regarding the quality or suitability of the Bose product awarded as part of this Contest and will not be responsible for breach of any such representations or warranties.

5.8 In participating in this Contest entrants are providing information to BOSE and not to Instagram or Twitter. Each entrant acknowledges that this Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram or Twitter and to the extent permitted by law releases Instagram and Twitter from all liability in relation to this Contest. Any questions, comments, or complaints regarding the Contest should be directed to BOSE and not to Instagram or Twitter.

5.9 These Terms and Conditions are governed by the laws of New South Wales and each entrant submits to the non-exclusive jurisdiction of the courts of that State.

5.10 Should any of these provisions be or become invalid, or unenforceable the remaining provisions shall not be affected.

5.11 These Terms and Conditions can be viewed at any time on the Instagram and Twitter page of BOSE AU, throughout the duration of the Contest and can also be sent, free of charge, to any person who requests it for the duration of the Contest at the following address: marketing@bose.com.au