Terms and Conditions
TERMS AND CONDITIONS
BACK TO SCHOOL PROMOTION
Cannot be used in conjunction with any other offer. Offer valid in store:
QLD: 08/01/2018 - 21/01/2018
NSW / SA / NT: 15/01/2018 - 28/01/2018
WA: 17/01/2018 - 30/01/2018
ACT: 21/01/2018 - 04/02/2018
or while stocks last, only one Cavalry Tin per transaction. Offer available for children aged 0-11 only and for "Soon to be Man Original" cut and "Soon to be a Man Classic" cut. Certain items shown in this advertisement may not be available from time to time at Tommy Gun's Original Barbershops.
ACCEPTANCE OF SITE TERMS AND CONDITIONS
By accessing, using, making a purchase or browsing this Site you agree to be lawfully bound by the Terms and Conditions governing this Site. Tommy Gun’s may amend or modify the Terms and Conditions without notice by posting the amended Terms and Conditions on this Site.
BACK TO SCHOOL FACEBOOK & INSTAGRAM COMPETITION TERMS AND CONDITIONS
- Entry into the Tommy Gun’s Back to School Competition (Competition) is deemed acceptance of these Terms and Conditions.
- This Competition is promoted by Tommy Guns Australia Pty Ltd (ACN 604 651 694) (Promoter).
- The Competition is a game of skill, and chance plays no part in determining the winner.
Parent’s or Legal Guardian’s Consent and Authorisation
- By entering this Competition parents and legal guardians confirm they consent to and authorise the use of their child’s image in connection with this Competition and the Promoter in accordance with these terms and conditions.
Eligibility to Enter
- Entry is open to residents of Australia only who are aged 18 years and are the parent or legal guardian of the child whose image is used. Entrants who are not 18 years of age must have parental or guardian approval to enter the Competition and parents and guardians must read and consent to these Terms and Conditions before entry. To prove that entrants who are not 18 years of age have consent to enter parents and guardians may be required to enter into a further agreement.
- Entrants must have a Facebook or Instagram account to enter.
- Employees, and their immediate families (immediate family means spouse/partner, child or step-child (natural or by adoption), parent, or sibling), of the Promoter and its associated brands and companies connected with this Competition are not eligible to enter.
Competition Commencement and Close
- The Competition commences on 15 January, 2018 5:00pm (AEST) and concludes on 29 January, 2018 11:00pm (AEST).
Entry into the Competition
- To enter participants must do the following;
- ‘Like’ the Tommy Gun’s Australia Facebook page or ‘Follow’ the Tommy Gun’s Instagram account.
- Upload an image to your Facebook or Instagram account of your child’s haircut from Tommy Gun’s.
- Tell us in 25 words or less why you love the Tommy Gun’s experience.
- If uploaded on Facebook; Check-in to ‘Tommy Gun’s Australia’.
- If uploaded on Instagram; Tag @tommygunsaus in the caption and image.
- You must also hashtag #soontobeman #backtoschool
- The winner will be selected by the Tommy Gun’s marketing team based on the most creative response and image.
- Incomprehensible and incomplete entries will be deemed invalid.
- Entrants in the Competition may enter as many times as they like.
- The Promoter reserves the right to request a winner to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- The Promoter reserves the right to verify the validity of entries and to disqualify in its sole discretion any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct that is unlawful, fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter or the Competition in entering this Competition. The Promoter reserves the right in its sole discretion 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Entries must be received by 23 January, 2018 3:00pm (AEST). The time of entry will in each case be the time the Facebook or Instagram image and comment is posted. The Promoter accepts no responsibility for any late, lost or misdirected entries including delays in the sending of the Facebook photo due to technical disruptions, network congestion or for any other reason. Facebook or Instagram posts generated by a computer and not attributable to a valid Facebook or Instagram account are invalid and will not be accepted.
- Each entrant in the Competition releases and indemnifies, to the fullest extent permissible by law, the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with entry into this Competition. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of entry into the Competition. To remove doubt these Terms and Conditions do not exclude or limit consumer guarantees provided in the Competition and Consumer Act 2010 (Cth).
- By entering this Competition, entrants accept and acknowledge full responsibility for their decision to participate in the prize should they be chosen as a winner. Each winner releases and indemnifies, to the fullest extent permissible by law, the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the prize or any other aspect of the prize. To remove doubt these Terms and Conditions do not exclude or limit consumer guarantees provided in the Competition and Consumer Act 2010 (Cth). Each winner acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize.
- The cost of entering the Competition will be dependent on the entrant's individual Internet Service Provider.
- There will be 2 winners, who will each win a custom Tommy Gun’s skateboard deck.
- If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
- In consideration for the Promoter awarding the prize to the winner, the winner hereby consents being identified as the winner of the prize and consents to the winner's name, image and/or voice, as recorded, photographed or filmed during the winner's participation in the prize and in the Competition to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
- Prizes are non-transferable In the event that for any reason whatsoever a winner does not take the prize or an element of the prize at the time stipulated by the Promoter then that prize or that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or an element of that prize.
- Prize values are based upon the recommended retail prices at the time of publishing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the prize redemption date.
Value (Recommended Retail Price including GST).
5th January 2018
2 x custom Tommy Gun’s Skateboard Decks.
$248 ($125 each)
- Prizes will only be awarded to the account holder of the entry mechanism used to submit their entry (i.e. Facebook or Instagram account holder). The winner will therefore be, in each case, the account holder.
- Notification will be provided to the winner by the Promoter placing a comment on the entrants winning photo together with instructions on how to claim your prize.
- Should an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
- Subject to any direction given under relevant State legislation, an unclaimed prize will be awarded to runners up based on the entrant who comments the correct screenshot next. Any unclaimed prize will first be awarded to the first runner up, the second to the second runner up, the third to the third runner up, the fourth to the fourth runner up and the fifth to the fifth runner up, on 6 February, 2018.
- The Promoter's decision is final and the promoter will not enter into correspondence regarding the Competition result.
- It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier's requirements.
- To the fullest extent permitted by law the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the Facebook or Instagram user or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
- This Competition may be cancelled, modified or suspended if an event occurs that significantly impedes the Competition from proceeding on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, computer viruses, technical failure, severe weather events, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, suspend or modify the Competition subject to any relevant law or instruction provided by the relevant regulator.
- If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which have the effect of affecting or corrupting affect the security, administration or integrity of this Competition (Interference), then in relation to the Interference the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, to take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any direction given under State Regulation.
- 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.
- All entries, including any copyright in the entries, become the property of the Promoter.
- This Competition is not administered by or associated with Facebook or Instagram.
- These Terms and Conditions are governed by the laws in force in the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these Terms and Conditions.
- The Promoter is Tommy Guns Australia Pty Ltd (ACN 604 651 694), 130 Links Avenue South, Eagle Farm Brisbane QLD 4009.
USE OF THE SITE
RESTRICTIONS ON USE OF THIS SITE
Information provided on this Site is for personal non-commercial use. You must have parental or guardian approval to access and use this Site if you are not 18 years of age or over. When using this Site you must not, and you must not attempt to, interfere with any security related features of this Site, any functions of this Site, modify the content of this Site, disrupt or otherwise interfere with this Site or the equipment supporting and hosting this Site, including servers and the network, or use the Site for data gathering, including by use of robots, screen scraping or other data mining tools or data extraction tools.
INFORMATION ON THE SITE
We endeavour to be as accurate as possible in the information provided on this Site. While care has been taken in providing information on this Site, including information about products and product descriptions, to the extent permissible by law Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of the information provided and do not accept liability, including for any loss or damage, that results from reliance on information provided on this Site.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, including logos and brand names, photographs, video, text, information, look and feel, images, music, sounds, audio, designs, data compilations and software, and other materials used on this Site are protected by trademark, copyright and intellectual property law in Australia.
Unless otherwise indicated reproduction of any part of this Site is unlawful. Unless otherwise indicated Tommy Gun’s trademarks, copyright material and other material protected by copyright may only be reproduced with the written consent of Tommy Gun’s. Where reproduction is permitted that reproduction may only be used for personal non-commercial purposes.
HYPERLINKS, THIRD PARTY CONTENT AND ADVERTISING
This Site may contain hyperlinks to third party content and websites, third party content, paid advertising and other material derived from third parties (“Third Party Content”). The presence of Third Party Content on the Site or hyperlinks to Third Part Content is not to be taken as a recommendation, endorsement or approval of the Third Party Content by Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators. Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of any Third Party Content and does not warrant a third party website is free of viruses or malware. Any complaint relating to Third Party Content accessed through a hyperlink on this Site should be directed to the third party website containing the Third Party Content.
In relation to this Site you consent to us using and gathering data using cookies, which you may be able to disable through your browser.
PURCHASE OF PRODUCTS
Prices for products on the Site are in Australian Dollars and include GST. Unless otherwise indicated all charges are in Australian Dollars.
If you have an account on the Site you are responsible for the confidentiality of your account information and password, and for securing your computer. You are also responsible for ensuring the information is current and correct.
If you are using an account on the Site that is not your account you represent and warrant to us that you have authority to use that account and to legally bind the account holder to these Terms and Conditions and, to the extent you do not have authority to use the account, you assume all liability under these Terms and Conditions.
PLACING AN ORDER
Products may only be purchased for non-commercial use.
When placing an order you agree to follow the instructions and read any terms attaching to the placing of that order.
Orders may only be placed on the Site by persons who are 18 years of age or over. If you are not 18 years of age or over must have parental or guardian approval to place an order on the Site and parents and guardians must read and consent to these Terms and Conditions.
We reserve the right to decline fulfilling an order for any reason. In the event your order is declined any amount paid by you in respect of that order will be refunded to you.
By placing an order with us you consent to us conducting credit checks and to receive or convey information about you from and to third parties, including credit reporting bodies.
Gifts cards may not be used to place an order on this Site.
USE OF PRODUCT
When you place an order for a product on this Site you agree to use the product only for the purpose intended and in accordance with the instructions provided by the manufacturer.
If orders are placed separately they cannot be consolidated into a single order and you will be liable to pay the delivery amount attached to each separate order.
If products are to be delivered to a person other than you, you undertake to obtain consent to give their personal details to us.
If any details provided by you to us are incomplete, incorrect or not current, to the full extent permitted by law, we will not be liable to you or a third party for a failure or delay in processing an order.
We use various freight companies (Delivery Company) to deliver the order.
We do not ship to PO Boxes. All parcels must be delivered to an address other than a PO Box.
You acknowledge and agree that, to the fullest extent permitted by law, we are not liable for any delays in delivery or damage to the products during transit, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity.
You acknowledge and agree that it is your responsibility to take delivery of the order promptly during the delivery time of the Delivery Company. If you are not available to take delivery the Delivery Company may leave instructions on where to pick up the order or attempt to re-deliver the order at their sole discretion. You acknowledge and agree that the order may be returned to us if you do not take delivery or collect your order as instructed by the Delivery Company and that you may be charged an additional delivery fee for re-delivery of the order.
In the event an order is returned to us undelivered we may charge a fee for re-delivery.
In the event we are unable to deliver the order to the address instructed we will inform you, cancel the order and refund the cost of the order to you.
In the event that we genuinely provide you with the incorrect product please contact us within 48 hours of receiving the product at firstname.lastname@example.org or call us on 07 3215 6050. We will provide you with information on the process for the supply of incorrect goods and you will be provided with the correct product without further charge.
You acknowledge and agree that, the fullest extent permitted by law, on delivery of the order risk in the product transfers to you.
If your product is not available we will contact you, cancel the order and return to you any money paid in respect of that product.
Once an order is placed the order cannot be cancelled.
We do not offer an exchange or refund for change of mind.
If a product is faulty or defective please contact us as soon as practicable at email@example.com and we will provide you with information about our return process, which may involve sending photos, other information and the product to us. If we determine the product is faulty or has a defect we will either provide you with a new product or refund price of product. If we determine that the product is not faulty or does not have a defect we will return the product to you. For the purpose of clarity a product is not faulty or defective due to fair wear and tear.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the fullest extent permitted by law, Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators exclude liability, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity, incurred that may arise from the use of the Site, including through the use of content and information, inaccuracies or incompleteness in the content, Third Party Content, any interruption to your business, computer viruses, corruption of data, delays in delivery, system malfunctions and failures, or other events beyond our control.
To remove doubt nothing in these Terms and Conditions seeks to limit or exclude any consumer guarantees or other statutory rights except to the extent permitted under the Competition and Consumer Act 2010 (Cth), or to limit any or exclude any liability except to the extent permitted by law.
You agree to indemnify and keep us indemnified against any damage, loss or costs incurred by us in connection with your use of the Site, a breach of these terms, any inaccurate or false information provided by you, or the contravention of any law in connection with your use of this Site.
No waiver of a breach these Terms and Conditions by will be construed as a waiver by us of any other past or future breach of these Terms and Conditions.
Where a provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, that part or provision will be severed to extent necessary and the remainder of the Terms and Conditions will remain in full force and effect.
We may immediately, without issuing notice, suspend or permanently prevent you from accessing the Site in part or in whole if, in our reasonable opinion, you breach a provision of these Terms and Conditions.
Notices must be in writing and may be given by email unless otherwise stated in the Terms and Conditions or subsequently stated in writing by us.
We are not liable for our a breach of our obligations under these Terms and Conditions if we are unable to fulfil our obligations due to an event beyond our reasonable control, including severe weather, fire, flood lightning, natural disaster, strikes, malicious damage, telecommunication or power or computer network failure, violent or disruptive events and events associated with any of these events.
These Terms and Conditions are governed by the laws in force in the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these Terms and Conditions.