1) The promoter
- a. The promoter is The Beauty Exchange brand, which is owned and distributed by the parent company The Heat Group Pty Ltd, ABN 58 092 941 430, whose registered office is at 35 Centre Road, Scoresby, VIC 3179, Australia.
2) Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
3) Entry is only open to Australian residents aged 16 years or over, who are not represented by management at any stage throughout the competition duration. Employees (and their immediate families) of the Promoter 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 natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.)
4) Any persons under 18 years of age must have the consent of their parent or legal guardian to enter the competition.
5) As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form
6) The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
7) Any costs associated with entering the competition will be the responsibility of the entrant.
8) There is no entry fee and no purchase necessary to enter this competition.
9) Key dates
- a. Competition opens at 12:01AM on Wednesday 1st November 2017. Enter via www.tbxnexttopvlogger.com. Closing date for entries will be midnight 15th January 2018. After this date, no further entries to the competition will be permitted.
- b. Voting opens 24/01/2018 and closes 14/02/2018.
- c. Finalists contacted by the Promoter on 16/02/2018 via phone and/or email
- d. Finalists are required to submit 2 more video entries to be considered as part of their overall submission. These videos are all due by 5pm 2/3/2018.
- e. The winner and runner-up’s will be announced on 16/3/2018 and will be contacted by the competition organisers.
10) No responsibility can be accepted for entries that are not received for whatever reason.
11) Eligible entries:
- a. Entries are submitted via video upload and require the entrant to provide personal contact information, short written components and upload a video entry that is maximum 3mins duration.
- b. Entrants can enter up to 3 times each, subject to the following: each entry must be substantially unique and each entry must be submitted separately in accordance with entry requirements. In the event that more than 3 entries are submitted, only the first three entries will be considered.
- c. Entries must be deemed to be genuine. If any entrant is suspected of falsifying an entry or using a fake email account, that entrant will be disqualified.
- d. Entries will be reviewed and must be approved by the Promoter before being made public/available for voting.
- e. All approved entries will be made available for voting. The public will be asked to vote for their favourite entries. The public will be able to view the entry videos and read their description about the video.
- f. The 7 entrants with the highest number of votes on their entries will be put forward as finalists. The Promoter will also select 3 wildcards. Therefore 10 people will be announced as finalists.
- g. Videos can be new videos created specifically for the competition or entrants can re-use their own existing videos, providing they own the copyright.
12) Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove, decline to publish, and/or invalidate any Content/entry without notice for any reason whatsoever, or to decline to publish, remove and/or invalidate Content/entry submitted by an entrant where an entrant’s social media profile/avatar is in the Promoter’s view offensive or is in anyway in breach of the Content requirements below.
13) Entrants warrant and agree that:
- a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
- b. their Content shall not contain viruses or cause injury or harm to any person or entity;
- c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- d. the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
- e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
- f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
14) Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
15) As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
16) Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
17) If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
18) All 10 finalists will be required to create content for the TBX brand for a period of 12 months once they have been selected, to be posted on the finalist’s YouTube channel. This includes 3 category exclusive makeup tutorial videos each, which may be used at the discretion of the promoter, for the purposes of marketing and promotional material. The content must be of reasonable production value and quality and portray the TBX brand and its products in a positive light. We require a minimum 4 of videos (1 per quarter) over a period of 12 months.
- a. The total prize pool totals $16,172.80.
- b. The winner will receive a total prize valued at $8,134.60, comprising of:
- i. $2000 cash (via EFT transfer) provided by competition sponsor TBX
- ii. 1x 1-2 hour mentoring session with Heidi Hamoud valued at RRP $400
- iii. TBX product voucher valued at RRP $500 - redeemable online only via www.thebeautyexchange.com. Shipping is only free when the total order value exceeds the free shipping threshold (typically around $40-50 per order). This coupon must be redeemed in one transaction.
- iv. A Canon EOS M6 valued at RRP $1,399.00
- v. An Antler Luggage 3-set of Atom Armordom luggage valued at RRP $799
- vi. A Skin Physics skincare pack valued at $532 including OXYGEN-C Super Serum $69, OXYGEN-C Overnight Restoring Cream - $79, SUPEROIL: $69, Dermasonic + : $99, SUPERLIFT Face Cream - $79, SUPERLIFT 3D Moisture Masks - $59, Dragon’s Blood 3-in-1 Treatment Cleanser - $29, Dragon’s Blood Eye Masks - $49.
- vii. A voucher for Remington styling tools valued at RRP$500
- viii. A Christina Re tea set valued at $500
- ix. A voucher for Argan Oil products valued at RRP $500.00
- x. A hamper of Buderim Ginger products valued at RRP $508.00
- xi. A pack of Aloe Vera products valued at $179.80
- xii. A years supply of toothpaste (12 tubes) from The Natural Family Co valued at $119.40 (RRP$9.95 x 12 months)
- xiii. 2x Reflections mirrors valued at RRP $34.95
- xiv. 10x Macks earplugs valued at $14.95 each
- c. The Four runner-up’s will each receive a prize valued at $2009.55
- i. TBX product voucher valued at RRP $200 - redeemable online via www.thebeautyexchange.com.
- ii. This coupon must be used in a single transaction and not in conjunction with any other coupon.
- iii. A Canon G7x Mark II each valued at RRP $849.00
- iv. Antler Cabin Roller Case valued at RRP $219.00
- v. A Skin Physics skincare pack valued at RRP $217 (comprising of Natural Treatment Pack including OXYGEN-C Super Serum $69, OXYGEN-C Overnight Restoring Cream - $79, SUPEROIL: $69)
- vi. A voucher for Remington styling tools valued at RRP$100
- vii. A Christina Re tea set valued at RRP $100.
- viii. A voucher for Argan Oil products valued at RRP $100.00
- ix. A hamper of Buderim Ginger products valued at RRP $55
- x. A pack of Aloe Vera products valued at RRP$59.90
- xi. Three months' worth of toothpaste from The Natural Family Co valued at RRP $29.85 (3x RRRP $9.95)
- xii. 1x Reflections mirror valued at RRP $34.95
- xiii. 3x Macks earplugs valued at $14.95 each
- 20) Between 16/2/2018 date and 2/3/2018, the shortlisted entrants will be contacted and sent product for The Beauty Exchange and asked to create 2 additional video entries to be considered as part of phase 2 of the competition.
- 21) Judging process. This competition is a game of skill.
- a. Phase 1: Voting by the public, which will determine 7 highest entries in terms of votes and 3 wildcards chosen by the TBX brand. The finalists will be asked to create additional content, which will form part of the judging process in Phase 2.
- b. Phase 2:
- i. The overall winner and 4 runner-ups will be chosen by a representative from The Beauty Exchange and the face of the campaign Heidi Hamoud. The judging criteria for this stage of the competition is
- 1. The ability to engage
- 2. The ability to educate
- 3. The ability to inspire
- 22) The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice. In the event that these terms are changed by the promoter, or if any conflict in messaging arises, the latest version found here on termsandconditions is taken to be true and accurate and supersedes any previous or conflicting version/s or messaging.
- 23) The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- 24) No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- 25) With the exception of the $2000 cash for the winner, which will be provided via EFT transfer to the winner, the physical prizes will be automatically shipped out or emailed (in the case of vouchers) within 28 days of the winner and runner-up’s being announced.
- 26) The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- 27) The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia
- 28) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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 technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) use of or participation in a prize.
- 29) Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- 30) This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, twitter, YouTube, or any other social network.
- 32) By entering this competition, you are agreeing to receive promotional news and offers via email from the TBX Next Top Vlogger email subscription list. Your subscription can be cancelled at any stage via clicking on the ‘unsubscribe’ link at the bottom of any email. . Entrants who also opt-in to subscribe to the newsletter from The Beauty Exchange can also unsubscribe at any stage via clicking on the ‘unsubscribe’ link at the bottom of any email from that list.
- 33) All competition entrants will be asked to verify their email address as part of their entry process. Successful entry is subject to the entrant’s ability to verify their email address via a double opt-in process.
- 34) All successful entrants will receive a promotional email which will contain a $10 off coupon for the TBX range, which is able to be redeemed online via www.thebeautyexchange.com and via TBX stockists in Priceline and selected pharmacies Australia-wide.
- a. The $10-off site-wide discount promotion is redeemable via a coupon code which is provided to the entrant when their entry is received. The coupon allows the entrant to receive $10 off their total order. This coupon is valid on a minimum spend of $30 or more in the one transaction and cannot be used in conjunction with any other online TBX offer. This offer is available to Australian residents and ends midnight 31/3/2018.
- b. Entrants choosing to redeem their voucher online must surrender the barcode (provided via email at the time of their entry being received) to the Priceline counter during the payment process. This offer is valid until 31/3/2018.
- 35) All successful voters will receive a promotional email which will contain a $10 off coupon for the TBX range, which is able to be redeemed online via www.thebeautyexchange.com and via TBX stockists in Priceline and selected pharmacies Australia-wide.
- a. The $10-off site-wide discount promotion is redeemable via a coupon code which is provided to the voter when their vote is received. The coupon allows the entrant to receive $10 off their total order. This coupon is valid on a minimum spend of $30 or more in the one transaction and cannot be used in conjunction with any other offer. This offer is available to both Australian and International customers and ends midnight 30/6/2018.
- b. Entrants choosing to redeem their voucher online must surrender the barcode (provided via email at the time of their entry being received) to the Priceline or Pharmacy counter during the payment process. This offer is valid until 30/6/2018.