Terms and Conditions: Win an MCM House Sofa

Detailed Terms:

Entry into the Promotion

1. The Promotion Details above, together with all Detailed Terms below, constitute the entirety of the terms and conditions that govern the Promotion (Terms). By participating in the Promotion, Entrants are deemed to have understood and agree to be bound by these Terms. 
2. Any capitalised terms used in these Terms and Conditions have the meaning given in the Promotion Details, unless otherwise expressly stated otherwise.
3. The Promotion commences on the Start Date and ends on the End Date, as specified in the Promotion Details (Promotional Period). 
4. Directors, employees and any Immediate Family Members of the Promoter, the companies owned or controlled by the Promoter (Domain Group), the Promotion Sponsor, and any other third-party agency or company associated with the Promoter or the Promotion Sponsor are not eligible to enter the Promotion. 
   1. Immediate Family Member 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. 
5. Entries will only be accepted by the Promoter where received by Entrants within the Promotional Period. Entries received outside of the Promotional Period will be deemed invalid and will not be accepted by the Promoter. Receipt of entries will be dee will be deemed as received by the Promoter as at the time of their receipt, and not the time of transmission or submission by the Entrant. Time of receipt will be determined by the Promoter at its sole discretion, by reference to the Promoter’s (or its delegate’s) records. The Promoter accepts no responsibility for any late, lost or misdirected entry due to technical disruption, network congestion, social media platform failure or any other reason. 
6. Illegible, incomprehensible and incomplete entries will be deemed invalid. An entry that is made on behalf of another person will also be deemed invalid. 
7. The Promoter reserves the right to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, inflammatory, offensive or defamatory comments, or which breach any law or infringes any third party rights, including intellectual property rights.
8. The Promoter reserves the right to disqualify any Entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter. 
9. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details including the right to request proof of an entrant’s identity, age and residency. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
10. The Promoter reserves the right to disqualify an Entrant or entries in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.
11.  An Entrant who uses any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
12. Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize. 
13. Should an Entrant’s contact details change during the Promotion, 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 the Promoter. 
14. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, power or technical failure, acts of God, civil unrest, strike, war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify the Prize, subject to State or Territory regulation.

Prize

1.  The winner will be notified by way of direct message to their Instagram account together with further instructions on how to claim the Prize within 2 days of the winner being determined. 
2. The Prize will be awarded to the person named in the winning entry. If there is a dispute as to the identity of an Entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant or winner.
3. If any winner chooses not to claim the Prize (or is unable to), or fails to take or claim the Prize by the time specified by the Promoter, they forfeit the Prize and the Promoter is not obliged to substitute the Prize or provide a cash alternative. 
4. The details of the Prize are set out in the Promotion Details. The Maximum Prize Value is accurate and based upon the recommended retail value (RRP) of the Prize (inclusive of GST) as at the Start Date of the Promotion. The Promoter accepts no responsibility for any variation in the value of the Prize after that date.
5. If the Prize becomes unavailable, the Promoter reserves the right to substitute the Prize with a replacement of similar specification and equal amount to the Maximum Prize Value, subject to any written directions of a regulatory authority.
6. The Prize is supplied by the Promotion Sponsor and is subject to the Promotion Sponsor’s terms and conditions located at https://www.mcmhouse.com/pages/terms-conditions, or such other replacement terms as may be applicable. 
7. The Promotion Sponsor is responsible for, and will arrange, delivery of the Prize to the winner. The Promoter accepts no responsibility or liability for:
   1. the Prize being damaged, delayed or lost in transit;
   2. any matters relating to the Prize itself (including quality or conformance with its specification) to ; or 
   3. the Promotion Sponsor’s (or its nominated third party delivery partner’s) delivery of the Prize or ability to otherwise comply with these Terms and Conditions. 
8. Any applicable terms and conditions of the Promotion Sponsor or its nominated third party delivery partner (where applicable) will prevail over these Terms of Conditions, to the extent of any inconsistency regarding the Prize itself or delivery of the Prize.
9. The Promoter and the Promotion Sponsor reserve the right to refuse to allow a winner to use or take part in any or all aspects of the Prize, if either determine, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely use or participate in the Prize. 
10. Unless otherwise determined by the Promoter, the Prize is non-transferable, non-substituable and cannot be redeemed for cash.
11. It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. 

Personal Information, Marketing and Publicity

1. The Promoter collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to the Promotion Sponsor, and any other agents, contractors, service providers engaged in connection with the Promotion as required, and to regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Promoter.
2. The Domain Group may use Entrants’ personal information for future marketing purposes regarding its products, including contacting the Entrant electronically. 
3. The Promotion Sponsor may use the personal information of an Entrant for marketing purposes if the Entrant has given their consent to be contacted by the Promotion Sponsor. 
4. Further details on how the Domain Group will collect and use personal information, and how to contact the Domain Group with queries about how the Domain Group handles personal information, is set out in the Domain Group Privacy Policy located at https://www.domain.com.au/group/privacy-policy/. 
5. By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter, Promotion Sponsor and the Domain Group may use any such marketing and editorial material without further reference or compensation to them.
6. The winner agrees not to sell or otherwise provide their story and or photographs related to the Promotion or being a winner of the Promotion to any other media organisation. 

Intellectual Property Rights

1. All intellectual property rights in the entries vest in the Promoter upon submission of the relevant entry.
2. Where the Promotion involves submission of any materials including but not limited to answers to questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs or photographs (Content), all Entrants represent, warrant and agree that: 
   1. the Content must not contain any viruses or cause or be likely to cause any injury or harm to any person or entity; 
   2. the Content must be the work of the individual submitting it; 
   3. the Content must not have been published elsewhere or have won a prize in any other competition or promotion; 
   4. before submitting the Content, Entrants have obtained all appropriate consents and/or permission relating to a person who appears in, or whose property appears in, the Content. 
   5. each Entrant must warrant that the submission of the Content does not infringe the intellectual property rights of any third party.  Each Entrant warrants that the Content they are submitting is their own work and that they own the copyright for it; 
   6. the Promoter may remove or decline to publish any Content without notice to the relevant Entrant; 
   7. the Domain Group may use their likeness, image and/or voice in the event that the Entrant is the winner (including photograph, film or recording) in any media whatsoever throughout the world for the purpose of promoting this Promotion or other similar promotions and promoting any products manufactured, distributed and or supplied by the Domain Group. Each Entrant acknowledges that they will not be entitled to any remuneration for such use.

Use of social media

1. The following terms apply to the extent that the Promotion is conducted on, advertised or promoted on a social media platform owned by a third party (Platform Operator): 
   1. the Entrant acknowledges and agrees that the Promotion is in no way sponsored, endorsed or administered by, or associated with, any Platform Operator. 
   2. the Entrant releases each Platform Operator and its associated companies from all liabilities arising in respect of the Promotion; and
   3. to the extent relevant to the Promotion, the Promoter agrees and each Entrant must agree to adhere to the relevant terms and conditions and promotions guidelines of each Platform Operator. 

Limitation of Liability

1. Any guarantee or warranty given in relation to the Prize is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
2. To the maximum extent permitted by law, the Promoter and its associated agencies and companies (including the Domain Group) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting, taking part in or using the Prize (or recommendation).
3. Neither the Promoter, Promotion Sponsor or any other third party associated with the Promotion (and their associated companies) is responsible, to the extent permitted by law, for acts of god, acts of terrorism or war (declared or undeclared) or other events beyond their control which prevent awarding or acceptance of the Prize in accordance with the Prize Description.
4. The Promoter accepts no responsibility for any tax implications of this Promotion and Entrants must seek their own independent financial advice in regards to their own personal circumstances and any tax implications relating to the Prize or acceptance of the Prize.
5. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.