Up-cycled Jewellery Silent Auction
Entry Instructions
To enter the Up-cycled Jewellery Silent Auction (“Auction”), the person entering this Auction (“Entrant”) must:
Lodge a silent bid on one or more of the six Up-cycled Jewellery pieces (“Entry”).
1) Entry into the Auction is deemed acceptance of these Terms and Conditions. Entry instructions and purchase information form part of these Terms and Conditions.
2) For the purpose of these Terms and Conditions, the promoter is MIMCO PTY LTD of Building 3, 658 Church Street, Richmond, Victoria (ABN: 13 067 573 291) (“Promoter”).
3) The Up-cycled pieces will be purchased by the Entrant who proposed the highest bid in the Silent Auction
4) All profits raised from the Up-cycled Jewellery Silent Auction will be donated to Water.org, Inc. d/b/a Water.org is a North Carolina nonprofit organization located at 117 West 20th Street, Suite 203, Kansas City, MO, USA 64108-1909
Auction Duration
5) The Auction commences at 12.00am AEST on Monday 6 August 2018 and ends at 11.59pm AEST on Sunday 12 August 2018 (“Auction Period”). Entries received outside of the Auction Period will not be accepted by the Promoter and will be deemed to be invalid
6) The time of entry will be deemed to be the time the entry is received by the Promoter and not the time of transmission by the Entrant.
Products Eligible For Bid in silent Auction:
7) The promoter will be auctioning 6-unique options of Up-cycled Jewellery pieces as part of this Auction. (“Product”).
Eligibility to enter the Auction
8) Entry is open to Australian residents who are 18 years or older and living in Australia.
9) The bid entered into the Auction must exceed a starting price of $399 AUD
Entry into the Silent Auction
10) The Entrant may bid as many times as they like, on any one of the six available Products throughout the Auction Period.
11) Bids under the starting price of $399 AUD or exceeding the price of $5,000 AUD will not be accepted.
12) To enter the Auction, Entrants must follow the entry instructions and comply with all other applicable requirements during the Auction Period. Entries must be submitted in accordance with the entry instructions and will not be accepted in any other form.
13) An Entrant’s Auction Entry must not be late, incomplete or incomprehensible or contain any content that infringes the rights (including intellectual property rights) of any person or is unlawful, obscene, offensive, indecent, defamatory, discriminatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise objectionable or inappropriate (which includes, without limitation, any content involving excessive violence, malice or swearing), capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
14) Once submitted, no changes to or withdrawal of an Entry will be permitted.
15) Upon Entry, all Entries and content contained in those entries become the property of the Promoter. Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. The Promoter has the right to modify, adapt or alter the design and use the Entry (whether in original or modified form, in whole or in part) 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.
16) All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications.
17) Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
18) By entering this Auction each Entrant warrants to the Promoter that their submitted Entry is a valid dollar amount. 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. The Promoter reserves the right to verify, or to require the Entrant to verify, that the Entry is the Entrant’s original work. If an Entry cannot be verified to the Promoter’s satisfaction, the Entry will be deemed invalid.
19) The Promoter reserves the right to, at any time, and in its absolute discretion:
a. remove, edit, modify or take down in full or in part, from any communication channels or platforms, on which the Entries have been published, any Entry, including (but not limited to) any Entry that the Promoter deems, in its sole discretion, to not be in the spirit of this Auction to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws;
b. verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence). In the event that suitable proof cannot be provided to verify the validity of the Entry and Entrants, the Product will be forfeited in who and no substitute will be offered ; and
c. disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions (or any other content guidelines notified by the Promoter during the Entry process for the Promotion) or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardise the fair and proper conduct of the Auction. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.
20) 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.
21) Any costs associated with entering this Auction are the responsibility of each Entrant.
22) 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 Auction. 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.
Auction Winner Criteria
23) Judging of all valid bid Entries received within the Auction Period will be conducted by a panel of judges at the Promoter’s head office at Building 3, 658 Church Street, Richmond, VIC, 3121 by 5pm AEST on Tuesday 14 August 2018.
24) Six winning bid Entries will be selected based on the highest bid dollar value for the desired Product (each a “Auction Winner”).
25) This Auction is a game of skill and chance plays no part in determining the Winners.
26) The Promoter’s decision in relation to any or all aspects of this Auction is at its complete discretion, final and binding on all persons who enter into this Auction and no correspondence will be entered into.
Auction Product Information
27) The Six Entrants who submit the Winning Entries bid (each a “Auction Winner”) must purchase the Up-cycled Jewellery item that they placed a bid on.
28) The starting price of each Product is AUD$399
29) The Promoter accepts no responsibility for change in product value between now and the ultimate Product redemption date.
30) The Products are not transferable and is not redeemable for cash. The Product must be taken as stated and no compensation will be paid if an Auction Winner is unable to use the Product. In the event that the Product becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Product, or element of it, of equal or greater value.
31) The Auction Winners must be ready, willing and able to receive and pay the bid amount in order to receive the one-of-six Products as required by these terms and conditions.
32) A refund for the value paid by the Auction Winner will not be issued for change of mind. This does not affect your rights under the Australian Consumer Law.
Notification of Auction Winner
35) The Auction Winner/s will be notified via email by 5pm AEST on Wednesday 15 August 2018 of their success and will be directed to email the Promoter with the any details required around payment and delivery of the Product.
36) The Promoter will take no responsibility if an Auction Winners details are incorrect or incomplete and the Auction Winner cannot be contacted.
37) The Promoter reserves the right to appoint a new Auction Winner if the Auction Winner cannot be contacted within 48 hours or if the Product cannot be paid by the Winner. This new winner will be appointed by conducting a second judging of the Auction Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.
Payment and Delivery of Product to Auction Winner
38) Payment of Product will be conducted over the phone incompliance with the Promoters Privacy Policy
39) Promotional discounts, staff discounts & Rewards cannot be accepted as a payment method. MIMCO Gift Cards may be accepted.
40) Layby or AfterPay is not accepted.
41) The Product will be delivered to the Auction Winner either via registered post or available for pick-up at a nominated MIMCO boutique.
Privacy
42) The Promoter will collect Entrants’ personal information in order to conduct the Auction and also in order to conduct advertisements, publications, media statements and other promotional material associated with the Auction. If the information requested is not provided, the Entrant may not participate in the Auction. The collection, use and disclosure of personal information provided in connection with this Auction is governed by the Promoter’s privacy policy, available at https://www.mimco.com.au/help/privacy
43) Entrants consent to the Promoter using the Entrant’s name, likeness, image and/or voice in the event that they are an Auction Winner (including photograph, film, file and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Auction (including any outcome), and promoting any goods or services provided by the Promoter.
44) By entering the Auction, the Entrant consents to receipt of information (including via post, phone, email and SMS) regarding the Auction 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. The Promoter may continue to provide the Entrant with this information for an indefinite period unless and until advised otherwise by the Entrant.
Additional Terms
45) 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.
46) 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:
a) 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 Auction;
b) 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 Auction, or by any technical error that may occur in the course of this Auction;
c) 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;
d) any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
e) any tax liability incurred by an Auction winner or entrant (independent financial advice should be sought);
f) participation in this Auction; or
g) cancellation of this Auction.
47) This Auction, or any aspect of it, may be changed or withdrawn 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).
48) 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 Auction 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.
49) These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
50) These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Auction.
51) 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.
52) The Promoter can be contacted at:
Email: [email protected].
Phone: 1800 994 340 (AUS), 0800 300 041 (NZ) or +613 9267 1684 (International)