Modern Pirate Giveaway


Tommy Gun’s Modern Pirate Giveaway

  1. The competition (“Competition”) is conducted by Brabus PA Franchising Pty Ltd ACN 128 193 359 as trustee for the Brabus Franchising Trust, 130 Links Avenue South, Eagle Farm QLD 4009 (“Promoter”).
  2. Information on how to enter the Competition contained on the Facebook account forms part of the terms and conditions.

  3. Entry into the Facebook competition is deemed acceptance of these terms and conditions.
  4. The Competition is in no way sponsored, endorsed, administered by, or associated with, Facebook.

  5. By entering the Competition, each entrant releases Facebook from any and all liability to the entrant arising in any way from the conduct of the Competition.

Eligibility to Enter

  1. The Competition is only open to Eligible Entrants. An "Eligible Entrant" is an individual who, at the time of entry:

    1. is a resident of Australia and

      1. aged 16 years or older; or

      2. aged under 16 years with guardian/parental consent;

    2. has a valid and ongoing access to a non-commercial Facebook account; and
    3. is not a director, employee, officer and management of the Promoter and any associated brands or companies in connection with the Competition and is not the immediate family of the employee, associated brands or companies.


  1. Competition entry opens at 8:30pm on 19th March 2019 (AEST) and closes at 11:59pm (AEST) on 24th March 2019 (“Entry Period”).

  2. To enter, Eligible Entrants must during the Entry Period:

    1. Like the post by Tommy Gun’s Australia Facebook account which contains the information on how to enter the Competition (“Facebook Post”);
    2. Comment on the Facebook Post with a photo of your messy/scruff hair.

  3. An entry will be deemed received at the time listed by Facebook as the date and time that appears on the comment.

  4. The Competition is a game of skill and chance plays no part in determining the winner.

  5. All Eligible Entrants must ensure that their entry is received by the Promoter during the Entry Period. The Promoter takes no responsibility for any late or misdirected entries or for any delays or failures in any telecommunications service or equipment.

  6. The cost of entering the competition will be dependent on the entrant's individual Internet Service Provider.

Validity of Entry Content

  1. Entries submitted by persons who are not Eligible Persons will be deemed invalid.  The Promoter may not assess each entry however, winning entries will be scrutinised.

  2. Incomplete, incomprehensible and illegible entries will be deemed invalid.  Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.

  3. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.

  4. Entries must be the entrant’s original work. 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 reasonable satisfaction, the entry will be deemed invalid.

  5. An entrant’s entry must not include any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate.

  6. Facebook comments generated by a computer which do not attributable to a valid Facebook account or other automated entries will be deemed invalid and will not be accepted.


  1. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant who tampers with the entry, or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful, fraudulent, misleading, deceptive, damaging or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion or the goodwill and reputation of the Promoter. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner's entry is of a type described in this clause.


Judging of Entries


  1. Each valid entrant will be judged by a selected judging panel comprising of representatives from the Tommy Gun’s Australia Marketing team, located at 130 Links Avenue South, Eagle Farm, QLD 4009, based upon the creativity of the photo in the comment.

  2. The promoter's decision is final, and the promoter will not enter correspondence regarding the Competition result.


Winner and Giveaway


  1. There will be ten (10) winners selected. Five (5) winners will receive a Modern Pirate Enamel Mug and Modern Pirate Styling Tub and five (5) winners will receive a Modern Pirate Official Dealer T-Shirt and Modern Pirate Styling Tub.
  2. The total value of the giveaway is $609.
  3. Prize values are based upon the recommended retail prices (RRP) at the time of posting
    (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.


Winners Announced


Prize value

26th March 2019

10 x Modern Pirate Styling Tubs

5 x Modern Pirate Enamel Mugs

5 x Modern Pirate Official Dealer T-Shirts





  1. The winner will be notified by 11:59pm on 26th March 2019 by the Facebook account by commenting on the winner’s original comment.

  2. The prize will be posted to the address provided by the winner(s).

  3. The winner accepts the giveaway at their own risk. The Promoter makes no representation as to the safety, conditions or other issues that may exist as a result of entering the Promotion (including computer or digital risks) or accepting the giveaway.

  4. It is a condition of accepting the giveaway that the winner must comply with all the conditions of use of the giveaway and the prize supplier's requirements.

  5. If any prize which forms part of the giveaway is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize/s for a prize of equal or greater value.


  1. The giveaway, and any prize therein, is not transferable, exchangeable or redeemable for cash or credit. The giveaway and any prize cannot be sold to a third party including, online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize. 

  2. If the giveaway is not collected or accepted by the winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed giveaway by way of an unclaimed prize draw to take place at 130 Links Avenue South, Eagle Farm, QLD 4009 subject to any directions given by any relevant authority, at 10:00am on 9th April 2019.

  3. The winner of the unclaimed giveaway will be notified by the Facebook account by comment, subject to any directions given by any relevant authority.




  1. By entering this Competition, all entrants consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material).

  2. The Promoter may require the winner to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency (at the nominated delivery address) and employment in order to claim the giveaway. Identification considered suitable for verification is at the Promoter’s reasonable discretion. In the event that a winner cannot provide suitable proof of identification, the winner will forfeit the prize in whole and no substitute will be offered.

  3. The Promoter takes no responsibility for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties (including network congestion) with the entry mechanism and does not warrant that the entry mechanism will be available at all times.


  1. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.


  1. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it.  Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion.


  1. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter. 


  1. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law). 

Privacy and Information


  1. All entries become the property of the Promoter upon submission and will not be returned to Entrants.

  2. Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition, publicise its winners and to market its products to the entrant. The personal information of the winner may be provided to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter. Persons may contact the Promoter by post at the address stated in condition 1 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.

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