Terms and Conditions – Mr. Smith Overnight Fashion Escape Competition

By entering the Mr. Smith Overnight Fashion Escape Competition, you are agreeing to the following terms and conditions:

STANDARD CONDITIONS

Entry to the competition considers acceptance to these Conditions of Entry.

The promoter is Mr. Smith ABN: 13 154 199 103 (‘Promoter’).

The competition is governed by the laws of Victoria, Australia.

The promoter is Mr. Smith LLC EIN: 37-1757191 (‘Promoter’). (US)

DETERMINATION

VIP passes are pre-packed and randomly allocated.

If you purchase a Mr. Smith Primer with a ‘VIP Pass’, you must complete the entry form within the Promotional Period.

Eligible entrants will go in the draw to WIN the major prize.

The winners will be chosen at random by electronic draw. There will be 1 draw in each country (Australia and North America).

ELIGIBILITY

Entry is open to Australian and North American customers only. Employees and immediate families of the Promoter, suppliers, providers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex- spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

Promoter’s decision to disqualify an entry is final and the Promoter is not required to provide notice of determination to any entrant. No responsibility will be taken for lost, late or misdirected entries.

HOW TO ENTER

The competition will commence from 15th May 2023 and conclude on 31st July 2023 (the ‘Promotion Period’). To enter, the customer must purchase a Mr. Smith Primer within the promotional period. The lucky few customers who receive a VIP Pass in their Primer unit carton, must complete the entry form (as detailed on their pass) during the Promotional Period with information including full name, email address, country of residence, unique code on ‘VIP Pass’ and location Primer was purchased as hosted on the Promoter’s website via https://mr-smith.com.au/overnight-fashion-escape-competition. All registered VIP Pass holders will go into the draw to WIN the prize. The winner will be randomly drawn via a random generator on Thursday 3rd August 2023.

This competition is a game of chance. Winners will be randomly drawn via a random generator (‘Criteria’).

HOW TO WIN

Each customer who qualifies and completes the entry form during the promotional period will be entered into the competition.

The winner will be selected according to the Criteria at 10:00am AEST on Thursday 3rd August 2023 at Mr. Smith Head Office. The winner will be notified in writing within 48 hours by email following the selection, and has 72 hours to claim their prize.

By entering the competition, the winner agrees that the Promoter may publish their name on its social media channels following acceptance of the prize.

PRIZE

There will be 1 draw in each country (Australia and North America). There will be one 1st prize winner in each country.

The prize winner in Australia will receive the following prize package:

2 x tickets to a show at Melbourne Fashion Week, 1 x night accommodation in Melbourne, 1 x return flight from a city within Australia to Melbourne and 1 x Mr. Smith $500 e-gift card.

The prize winner in North America will receive the following prize package:

2 x tickets to a show at New York Fashion Week, 1 x night accommodation in New York, 1 x return flight from a city within North America to New York and 1 x Mr. Smith $500 e-gift card.

The prize package awarded to: One 1st prize winner in Australia is valued approximately AUD $1500.

The prize package awarded to: One 1st prize winner in North America is valued approximately USD $1500.

The prize is NON-TRANSFERABLE / NON-EXCHANGEABLE / NON- REPLACEABLE / NON-UPGRADEABLE and cannot be redeemed for cash.

All additional costs required to cover flights, cost of additional accommodation, meal, travel taxes, travel insurance (if any), spending money and all other ancillary costs, as well as obtaining any of these, is the responsibility of the winners.

No changes to the itinerary are permitted by the winners. Any changes allowed to the itinerary by the Promoter in its sole discretion subject to standard fees and surcharges will be the responsibility of the winner.

If for any reason the 1st prize winner drops out of the prize due to health or personal reasons, the Promoter in its sole discretion has the right to select another winner or withdraw the 1st Prize Pack to the extent permitted by law.

UNCLAIMED PRIZES

In the instance a Prize Pack remains unclaimed by the original winner within 72 hours of being contacted, then a redraw will take place, the redraw winner will be notified in writing whilst having their details published on the Mr. Smith social media channels.

Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.

The Promoter’s decision to withdraw an unclaimed prize is final and no correspondence will be entered into. No responsibility will be taken for any failure to claim a prize within the specific period.

LIABILITY

In the event of war, terrorism, state of emergency, disaster or any other circumstance beyond the control of the Promoter (including, but not limited to, any travel restrictions or related matters connected with the Covid-19 pandemic), the Promoter reserves the right to, subject to any applicable laws or written directions made under applicable legislation, cancel, terminate, modify or suspend the competition.

The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including without limitation, accommodation costs) will be the sole responsibility of the Prize Winner.

The Promoter is not responsible for any cancellation, delay or rescheduling of New York Fashion Week and Melbourne Fashion Week. In such, the prize pack will be forfeited or offered for 2024 Fashion Week at the sole discretion of the Promoter.

The Promoter will not be liable for any loss or damage whatsoever which is suffered or incurred (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Prize Pack except for any liability, which cannot be excluded by law.

INTELLECTUAL PROPERTY

In accepting the Prize, the Prize Winner agrees to participate and cooperate as required in all marketing activities relating to the competition, including but not limited to being interviewed and photographed plus possible requests to post onto social media about any component of the Prize. The Prize Winner grants the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media worldwide and each Prize Winner will not be entitled to any fee for such use.

PRIVACY

The Promoter collects contact information about entrants in order to conduct the competition and where appropriate award prizes and may also use the information to assist the Promoter in providing goods and services and to contact entrants in the future with special offers via any medium including email and social media. The Promoter may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide the information, they may be ineligible to enter or claim a prize in the competition.