Terms & Conditions

Welcome to The MECCA Makers website ("Site") by MECCA Brands Pty Ltd ("Community", "we" or "us"). The Site is an online community that allows The Mecca Makers members (“member” or “you”) to tell us what you think of our business, products and services. While the Site is brought to you by us, our independent market research and brand insights agency, Starburst Insights Pty Ltd, manages, operates and moderates the Site.

The following Terms and Conditions, our Privacy Policy, any other terms and conditions and policies which you may find throughout the Site in connection with certain functionality, features or promotions, and any other laws or regulations which apply to the Site, collectively govern usage of the Site and the products and services provided therein (collectively, "Terms and Conditions").

By accessing or using the Site, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

Modification

We may from time to time modify these Terms and Conditions, other policies, the Site or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changes. You should regularly check the Terms and Conditions. If you do not agree to any change, then you must immediately stop using the Site. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.

Eligibility and Account

Selected individuals aged 18 years or over who receive our original invitation and complete our eligibility questionnaire to our satisfaction are eligible to register an account on the Site (“Account”).You will need an Account to participate in surveys, promotions and activities conducted by the Community (“Activities”) and earn community rewards points (“MECCA Merits”).

By registering an Account, you:

• agree to receive emails and other communications, including invitations to participate in Activities;

• represent and warrant on an ongoing basis that any information you provide during registration and through your use of the Site is accurate and complete and you agree to keep that information updated;

• understand you may forfeit your MECCA Merits and any entitlement to accrued rewards or benefits if you do not maintain accurate or complete Account information; and

• consent to us collecting and using your personal information and responses to Activities (including audio and visual recordings, where required for an Activity) and any other information you provide in the course of completing or participating in Activities or via the Site,which may or may not be anonymised. Please see the Privacy section below.

You agree that:

• your Account username and password must be kept confidential and not disclosed to others;

• you must not permit others to use your Account and are responsible for all uses of your Account;

• you must notify us immediately on becoming aware of any unauthorised use or breach of your Account;

• we are under no obligation to provide you with a minimum number of invitations for Activities; and

• your participation in Activities is voluntary.

MECCA Merits

We value your opinions and participation in Activities. To show our appreciation, you may receive MECCA Merits or other rewards for completing an Activity. The specific reward or number of MECCA Merits offered varies according to Activity and will be specified when you are invited to participate in the Activity. 

MECCA Merits will automatically be redeemed for entries into the monthly prize draw. For every 10 MECCA Merits in your Account, you will receive 1 entry into the monthly prize draw. MECCA Merits do not accumulate from month to month, and expire at the end of the month in which the relevant Activities were completed.

We will use best endeavours to add the MECCA Merits to your Account within 24 hours of your completion of the Activity. 

While we take reasonable care to ensure MECCA Merits are accurately added to your Account, you are responsible for ensuring that your MECCA Merits balance is accurate and must notify us of any discrepancy or error within 30 days of its occurrence. We will determine your MECCA Merits balance in the event of an alleged discrepancy or error, and are not liable for any discrepancy or error.

MECCA Merits have no commercial value, and cannot be redeemed, transferred or exchanged for cash, credit or equivalent. You are responsible for any tax or other implications arising from your redemption of MECCA Merits. MECCA Merits are the only compensation you receive for your participation in Activities.

We may modify, suspend or terminate the MECCA Merits value or structure in our reasonable discretion.

Code of Conduct

The following rules apply to your use of the Site and any content you post or submit to the Site.

• Only one Account per person. Any duplicate accounts will be terminated.

• Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.

• Do not post any of the following:

• material that advocates illegal activity or political, religious or ideological beliefs;

• personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic, insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac sites;

• material that is false, misleading or inaccurate, including content that encourages or supports the dangerous misuse of a product or contains unsubstantiated claims about products;

• prohibited claims about therapeutic goods, or therapeutic claims about products that have not been entered into the Australian Register of Therapeutic Goods;

• advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation;

• confidential information, or personal information about others, without their written consent;

• content infringing patent, copyright, trademark, trade secret or other intellectual property rights of others or that references any third party brand or personality or uses any third party content without their written consent; and

• any statement that expresses or implies that any actions or omissions you take are endorsed by the Community.

• Act in good faith when participating in Activities and prove answers that are true, accurate and genuine. Your answers should be your own opinion (and not others) and you should take care not to speed through a survey or answer each question the same way. The Community reserves the right to withhold MECCA Merits or rewards from you if, in the Community’s reasonable view, your survey responses are in breach of this section or otherwise untruthful or not well considered.

• Do not access or use any part of the Site for anything other than your personal, non-commercial use. For example, you must not: 

• use the Site to buy or solicit for products, services, or money, or to advertise or sell products or services to others; or

• resell, barter, trade or otherwise attempt to generate income by providing others with access to your Account.

• Do not access or use any part of the Site in any way that may violate any applicable law, regulation, or other governmental requirement and/or principles of good conduct.

• Do not impersonate any individual or entity, including, without limitation, a Community employee, agent or client, or other Community members or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.

• Do not attempt to circumvent the Site or any security measures used on the Site, including by posting content that does not respond to or pose any question as required in order to garner rewards.

• Do not release, publish or otherwise disclose or make reference to any Activities or Site content in any media or other public forum without our prior written consent.

• Do not collect or store any personal information about other members of the Site, including obtaining email addresses of other Site members or third parties with a view to sending unsolicited emails.

• Do not attempt to access any service or area of the Site or any Activities, the server on which our Site is stored or any server, computer or database connected to our Site that you are not authorised to access.

• Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.

• Do not misuse our Site by introducing, or sending to or otherwise impacting us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Site's infrastructure or interfere with the ordinary operation of this Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

• Do not re-post on the Site any statements you receive from the Community Help Desk.

• Do not communicate with the Community Help Desk in a manner that is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading.

• Do not engage in any other activity that the Community may reasonably deem improper or abusive. 

We may remove any content that we reasonably consider breaches this Code of Conduct or is inappropriate.

A breach of this Code of Conduct is a breach of these Terms and Conditions, and may also be a breach of law. We will report such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Confidentiality

As a result of participating in Activities, you may have access to confidential or proprietary information, including new product or packaging ideas or concepts, advertising and related text, images and sounds (“Confidential Information”). This Confidential Information remains the property of its owner.

You agree to keep all Confidential Information confidential, not disclose any Confidential Information to any third party. You may only use the Confidential Information for the purpose of participating in Activities (where relevant).

Intellectual property rights

The Site, its look and feel, all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text, and all intellectual property rights contained in each of the foregoing, including, without limitation, trade marks (such as ‘The MECCA Makers’ trade mark), designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively, the "Site Content"), are owned by, and the property of, MECCA Brands Pty Ltd or in some limited cases, our affiliates, partners or licensors. The Site Content is protected by Australian and international laws, including laws governing copyright and trade marks.

Your use of the Site grants no rights to you in relation to any intellectual property or material rights relating to the Site Content or any portion of the Site. 

You are permitted to use the Site Content only as expressly authorised by us, our third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. You are prohibited from reproducing, redistributing, duplicating, copying, selling, accessing, modifying or otherwise exploiting the Site Content, in whole or in part, for any purpose without our express consent. Without limiting the foregoing, copying the Site Content to any other server or location for publication, reproduction or distribution is expressly prohibited. 

We make no representation or warranty that use of the Site Content or any other information on the Site will not infringe our intellectual property rights or the intellectual property rights of third parties.

Limited licence

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to (and you are prohibited from doing any of the following): 

• frame or utilise framing techniques to enclose the Site or any portion thereof; 

• republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); 

• make any use of the Site or any and/or all Content other than personal use; 

• modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; 

• collect account information for the benefit of yourself or another party;

• use any meta tags or any other "hidden text" utilizing any and/or all Content; or 

• use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. 

You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. 

Any unauthorised use by you of the Site or any and/or all of the Site Content automatically terminates the limited licences in these Terms & Conditions without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

Member content

By posting, submitting or otherwise providing content to the Site (“Member Content”), you  grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to copy, publish, modify, distribute, create derivative works from, develop, transfer to a third party,and otherwise use the Member Content (and all intellectual property rights contained therein), in all media now known or not currently known. 

To the extent that you have any moral rights in the Member Content, you irrevocably consent to us or our assigns or successors not attributing you as the author of the Member Content, falsely attributing authorship of the Member Content and subjecting the Member Content to treatment that would otherwise infringe your rights under the Copyright Act 1968 (Cth).

You are responsible for obtaining any consents necessary to post, submit or otherwise provide Member Content to the Site.

The Site includes blogs, forums and other community areas that are accessible by members. Any Member Content you provide on those areas of the Site may be read, collected, and used by others (including to send you unsolicited messages).

We may display any testimonials or other comments you post on Site with your first name and first letter of your surname. If you wish to update or delete your comment, you can contact us at info@meccamakers.com.

Other than the name displayed on your comments, w e strongly discourage you from disclosing any other personal information on the Site. You will not be required to provide any other personal information as part of an Activity. We cannot guarantee that third parties with whom you share your personal information via the Site will keep it secure and confidential. We are not responsible for the personal information you choose to make available to other members. In addition, we are not responsible for any Member Content that can be found via web-based search engines.

Copyright takedown notice

The Community respects the intellectual property rights of others and requests that you do the same. 

If you believe that your work has been reproduced on this Site in a way constituting copyright infringement, you may provide the following information to info@meccamakers.com to request that the work is taken down: 

• identify whether you are the owner of the work or an authorised agent of the owner of the work;
• information to identify the work claimed to have been infringed;
• information to identify the allegedly infringing material on the Site and its location on the Site; 
• your full name,address, telephone number, and email address; 
• a representation that you have a good faith belief that use of the material on the Site is not authorised by the copyright owner, its agent, or the law; and 
• a representation that the information in the notice is accurate and, if you are not the owner of the work, that you are authorised to act on behalf of the owner. 

You should consider whether any exceptions to copyright infringement apply before providing a takedown notice. Any false or misleading information provided in a takedown notice, or misuse of this process, may result in the suspension or termination of your Account or other consequences at law.

Representations and warranties

The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for members or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, we take no responsibility for any loss or damage arising from its use.

We do not promise that the Site and Site Content are error-free, or that the Site, Site Content or server that makes the Site available are free of viruses or other harmful components or that service of the Site will remain uninterrupted. We always recommend that you ensure you have up to date virus checking software installed.

The Site is presented "as is" and “as available” and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions, the Site or the Site Content, to the extent permitted by law.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, you obtain from the Community and its affiliates on or through the Site creates any warranty not expressly stated in these terms.

To the extent permitted by law, we do not warrant that any product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.

Limitation of liability

You agree that, to the fullest extent permitted by law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for:

• your use of the Site and Account;

• any interruption of business; 

• access delays or access interruptions to the Site; 

• data non-delivery, misdelivery, corruption, destruction or other modification; 

• computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; 

• any inaccuracies or omissions in the Site Content;

• statements or conduct of third parties on the Site; or 

• events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars (AUD $100.00).

Indemnity

You indemnify us and our related bodies corporate and affiliates against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:

• your breach or non-observance of any term of these Terms and Conditions;
• any breach or inaccuracy in any of your representations or warranties; or
• your use of the Site, including any Member Content you post on the Site.

No commercial use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any products or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

Third parties

We may include hyperlinks on this Site to other websites or resources operated by parties other than us for convenience only. We are not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources. You should make your own reasonable enquiries regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.

Account cancellation, termination and suspension

You may cancel your Account at any time by contacting us at info@meccamakers.com.

We may terminate or suspend your Account for any reason, including if you breach these Terms and Conditions, or we decide, in our absolute discretion, that it would be in our best interests to do so.

During any period of suspension, you will not be able to participate in Activities or the Site or redeem your MECCA Merits.

On cancellation or termination of your Account, you will forfeit your MECCA Merits and any entitlement to rewards or benefits accrued in accordance with these Terms and Conditions.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Applicable law

The laws of the Victoria, Australia govern these Terms and Conditions. By using this Site, you submit to the exclusive jurisdiction of the courts of Victoria, Australia. The Site is available only to people who can form legally binding contracts under applicable law.
 

Force majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, pandemic, epidemic, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Privacy

We will collect your personal information when you create an Account and participate in Activities. Your personal information will be used for our internal purposes, including operating the Site and improving our products and services. You will not be able to create an Account or participate in Activities if you do not consent to us collecting and using your personal information.

We may share your personal information with third parties we engage for the purpose of operating or managing the Site. 

Please refer to our Privacy Policy for information about how we manage your personal information, and how you can access or correct it

Contact

If you have any questions regarding these Terms and Conditions, please email our Community Help Desk at info@meccamakers.com.

The MECCA Makers Monthly Prize Draw competition: terms and conditions
1. Overview

(a) The MECCA Makers Monthly Prize Draw competition (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our).

(b) By entering this Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.

(c) To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.

(d) The Competition begins at 12am Australian Eastern Standard Time (AEST) on 1 July 2022 and ends at 11:59pm AEST on 31 July 2024 (Promotion Period).

(e) During the Promotion Period, we will conduct 1 monthly draw for each calendar month (Monthly Draw).

2. Eligibility

(a) The Competition is only open to The MECCA Makers members in Australia aged 18 or over that have a valid email address registered on their The MECCA Makers account.

(b) Employees and contractors of MECCA Brands Pty Ltd (ABN 11 077 859 931) (and their Immediate Families), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter. 

3. How to enter

(a) This Competition is a game of chance. Skill plays no part.

(b) For every 10 MECCA Merits you earn during an Entry Period, you will automatically receive 1 entry into the Monthly Draw for that Entry Period (Entry). 

(c) You can enter each Monthly Draw and submit multiple Entries. 

(d) Entries submitted after the end of an Entry Period will be entered into to the next Monthly Draw. 
(e) We may, at our discretion: 
(i)    conduct a successive competition following the end of the Promotion Period; and
(ii)    elect to count Entries submitted after the end of the Promotion Period towards any such successive Competition. 
(f)    The time of each Entry will be the time and date of receipt displayed by our internal servers.
(g)    We may, at any time: 
(i)    verify the validity of entries and entrants (including your identity, age and place of residence); and 
(ii)    disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process. 
(h)    We are not responsible for incorrect, incomplete or late Entries. 
(i)    If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final. 
 

4. Draw

(a) There will be 5 winners for each Monthly Draw.

(b) The winners will be randomly drawn using the TPAL Electronic Draw System at www.randomdraws.com.au.

(c) The Monthly Draw will be conducted at 22A Napoleon St, Collingwood, Victoria, 3066 at 12pm on the following dates:

Entry Period	Date of Monthly Draw
1. 1 July 2022 – 31 July 2022	3 August 2022
2. 1 August 2022 – 31 August 2022	5 September 2022
3. 1 September 2022 – 30 September 2022	5 October 2022
4. 1 October 2022 – 31 October 2022	3 November 2022
5. 1 November 2022 – 30 November 2022	5 December 202
6. 1 December 2022 – 31 December 2022	4 January 2023
7. 1 January 2023 – 31 January 2023	3 February 2023
8. 1 February 2023 – 28 February 2023	3 March 2023
9. 1 March 2023 – 31 March 2023	3 April 2023
10. 1 April 2023 – 31 April 2023	3 May 2023
11. 1 May 2023 – 31 May 2023	5 June 2023
12. 1 June 2023 – 30 June 2023	5 July 2023
13. 1 July 2023 - 30 July 2023	3 August 2023
14. 1 August 2023 - 31 August 2023	4 September 2023
15 1 September 2023 - 30 September 2023	4 October 2023
16. 1 October 2023 - 31 October 2023	3 November 2023
17. 1 November 2023 - 30 November 2023	5 December 2023
18. 1 December 2023 - 31 December 2023	10 January 2024
19. 1 January 2024 – 31 January 2024	5 February 2024
20. 1 February 2024 – 20 February 2024	4 March 2024
21. 1 March 2024 – 31 March 2024	4 April 2024
22. 1 April 2024 – 31 April 2024	2 May 2024
23. 1 May 2024 – 31 May 2024	5 June 2024
24. 1 June 2024 – 30 June 2024	3 July 2024

(d) We may draw additional valid reserve Entries and record them in case:
(i) an invalid Entry or ineligible entrant is drawn; and
(ii) we elect to draw on the reserve Entries.

5. Outcome

(a)    Within 7 days after each Monthly Draw, we will use reasonable endeavours to notify each winner of that Monthly Draw that they have won, and provide their prize, by email to the email address on the winner’s The MECCA Makers account.
(b)    A winner is not required to do anything in order to claim their prize. Each prize will, therefore, be deemed to have been ‘claimed’ as at the time the prize is sent to the winner via email in accordance with clause 5(a). 
(c)    It is your responsibility to: 
(i)    notify us in writing if your contact details change; and
(ii)   regularly check the email account you have registered on your The MECCA Makers account for any winner’s notification emails sent in accordance with clause 5(a) and ensure you have received your prize. Failure to comply with this clause 5(c)(ii) will result in forfeiture of your prize. 
(d)    The names of the winners may be published on our websites or social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details. 
(e)   Our draw is final.

6. Prizes

(b) The total prize pool value for the Competition is $6,000, comprising of 5 x $100 MECCA e-Gift Cards per month
(c) To the fullest extent permitted by law, a prize is not transferable, saleable or redeemable as cash, credit or equivalent.
(d) You must comply with all terms and conditions of use of the prize, including MECCA's Gift Card Terms and Conditions.
(e) You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize.
(f) The prize may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.

7. Entries
(a) You are responsible for your Entries.
(b) We are not liable in any way for your Entries to the fullest extent permitted by law.
(c) You warrant and agree that you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

8. Personal Information 
(a) Entries may be entered into a database.
(b) By entering this Competition, you consent to us:
(i) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
(ii) using your Personal Information for purposes related to the conduct of the Competition, including contacting you if you win a prize.
(c) If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details in clauses 12(d) and (e)  below.

9. Liability 

(a)    Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
(b)    Subject to clause 10(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents): 
(i)    are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms; 
(ii)    make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and
(iii)    exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of: 
(A)    any technical difficulties or equipment malfunction (whether or not under our control); 
(B)    any theft, unauthorised access or third party interference; 
(C)    any Entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise); 
(D)    any variation in prize value or specification; 
(E)    any tax liability or similar charge incurred by the winners; or 
(F)    use of a prize by the winners.
(a)    We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition. 
(b)    Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.

10. Disruption to Competition 

(a)    If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law: 
(i)    disqualify any entrant who tampers or interferes with the entry process; or 
(ii)    subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
(b)    Any entrant found to be using a form of software or third party application to earn additional MECCA Merits or submit additional Entries (including scripting software) will have all Entries, and any claim to a prize, invalidated and we may, in our absolute discretion, suspend or terminate any such entrant's The MECCA Makers account. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred in our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

11. General 

(a)    A reference to time means the time in Melbourne, Australia. 
(b)    A reference to ‘$’ means a reference to Australian currency. 
(c)    Words such as ‘including’ or ‘for example’ do not limit the preceding words. 
(a)    Any failure to enforce any of our rights does not constitute a waiver of those rights.
(b)    Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
(d)    At all relevant times, you must comply with any terms governing the use of The MECCA Makers platform. You can view The MECCA Makers' Terms and Conditions of use at www.meccamakers.com/t-cs.
(c)    This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
(d)    The promoter of this Competition is MECCA Brands Pty Ltd (ABN 11 077 859 931) of 34 Wangaratta Street, Richmond, Victoria, 3121, Australia.
(e)    If you have any questions or issues regarding these Terms or how this Competition is conducted, you may contact us at help@meccamakers.com. We will determine how any issues will be resolved.
(f)    South Australia permit number: T22/915
(g)    Australian Capital Territory permit number: ACT TP 22/01153
 

12. Definitions 

Entry has the meaning in clause 3(b).

Entry Period means a period referred to under the heading ‘Entry Period’ in the table at clause 4(c) (as applicable).

Force Majeure Event means an event or circumstance beyond our reasonable control, including natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), strike, a change in applicable law, government imposed shutdown or closure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.

Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.

Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

MECCA Merit means an electronic point earned by completing activities on The MECCA Makers Platform.

Personal Information has the meaning in the Privacy Act 1988 (Cth).

Promotion Period has the meaning in clause 1(d).

Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).

The MECCA Makers Platform means the platform accessible at www.meccamakers.com.

February Illuminator competition: terms and conditions
1. Overview

 

(a) This February Illuminator competition (Competition) is promoted by MECCA Brands Pty Ltd (ABN 11 077 859 931) (we, us or our).

(b) By entering this Competition, all entrants (you or your) agree to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.

(c) To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.

(d) The Competition: begins at 4PM Australian Eastern Daylight Time (AEDT) on 21 February 2024; and ends at 4PM AEDT on 26 February 024, (Promotion Period). 

2. Eligibility

(a) The Competition is only open to The MECCA Makers members in Australia.

(b) Employees and contractors (and their Immediate Families) of MECCA Brands Pty Ltd (ABN 11 077 859 931), our Related Bodies Corporate and the agencies associated with this Competition are ineligible to enter

3. How to enter

(a) This Competition is a game of chance. Skill plays no part. 
(b) To enter the Competition, you must, during the Promotion Period, complete and submit the January Illuminator surveys via The MECCA Makers platform.
(c) Entry is limited to 1 per person during the Promotion Period. 
(d) We will not accept entries submitted after the end of the Promotion Period.
(e) The time of each entry will be the time and date of that you submit the January Illuminator surveys according to our internal servers.
(f) We may, at any time:

• verify the validity of entries and entrants (including your identity, age and place of residence); and
• disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
• Incomplete entries will be invalid at our discretion.
• We are not responsible for incomplete or late entries.
• If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

4. Draw

(a) There will be 3 winners for the competition.
(b) The Winners will be randomly drawn using the TPAL Electronic Draw System at www.randomdraws.com.au
(c) The draw will be conducted:

• at 22A Napoleon Street, Collingwood, VIC, 3066 and
• between 9am and 5pm AEDT on 5th March 2024. 

(d) We may draw additional valid reserve entries and record them in case:

• an invalid entry or ineligible entrant is drawn; or
• a winner does not claim their prize within the prescribed time,
• and we elect to draw on the reserve entries.

5. Outcome

(a) The winners will be notified after 5pm AEDT on 5th March 2024 by email to the email address on your The MECCA Makers account.
(b) It is your responsibility to notify us in writing if your contact details change.
(c) The names and entries of the winners and runners-up may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details, including your social media handle and images.
(d) Our draw is final.

6. Prizes

(a) The total prize pool value for this Competition is approximately AUD $600 (inclusive of GST).
(b) Each winner will receive a beauty box valued at $200 RRP. 
(c) Prize values are based on the recommended retail prices in Australia on 5th March 2024. We accept no responsibility for any change in prize value on the date the prize is redeemed.

7. Claiming the prize

(a) To claim the prize, respond to our email notifying you that you won with your full name and nominated Australian delivery address.
(b) The prizes must be claimed as offered within 28 days of the winners’ announcement and is subject to product availability.
(c) Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
(d) A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
(e) You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prizes.
(f) You must comply with all terms and conditions of use of the prizes.
(g) Before claiming the prize we may require you to sign a legal release in a form we determine.

8. Reserve winners

(a) If a winner does not claim their prize within the prescribed time, we will award their prize to an eligible reserve winner.
(b) A reserve winner will be notified after 5pm on 8th April 2024 by email to the email address registered on your The MECCA Makers account.

9. Entries

(a) We own all entries, including any Intellectual Property Rights comprised in the entries and their content. 
(b) You are responsible for the entry you submit, including its content (such as text, images, photos and videos) and any accompanying comments.
(c) We are not liable in any way for your entry to the fullest extent permitted by law.
(d) We may remove or delete any entry without notice for any reason whatsoever.
(e) You warrant and agree that:

• you will not submit any entry that is unlawful or fraudulent, or that we could reasonably consider to be 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;
• you will obtain prior written consent from any person that appears or is reasonably identifiable in your entry before submitting it;
• you will obtain prior written consent from any person who has jointly created or has rights in your entry to these Terms and our privacy policy;
• your entry does not contain viruses and will not cause injury or harm to any person or entity; and
• you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

10.Personal Information

(a) Entries may be entered into a database.

(b) By entering this Competition, you consent to us:

• publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
• using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us or our Related Bodies Corporate

(c) If you wish to access, or for us to update, correct or delete, your Personal Information or information in your entry, contact us using the details below.
11. Liability

(a) Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
(b) Subject to clause 11(a) and to the fullest extent permitted by law, we and our Related Bodies Corporate (and each of their officers, directors, employees, contractors and agents):

• are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;
• make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and
• exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:
• any technical difficulties or equipment malfunction (whether or not under our control);
• any theft, unauthorised access or third party interference;
• any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);
• any variation in prize value or specification;
• any tax liability or similar charge incurred by the winners or the runners-up; or
• use of a prize by the winners or the runners-up.

(c) We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.

(d) Without limiting any other terms, you indemnify us and our Related Bodies Corporate (and their officers, directors, employees, contractors and agents) from and against your breach of these Terms.