StyleSide Australia – 26 667 724 236 (hereinafter referred to as StyleSide,' StyleSide Australia,' 'We,' 'Us,' 'Our,' or 'Promoter') is hosting a trade promotion (hereinafter referred to as the 'Contest,' 'Giveaway,' or 'Promotion') for individuals (hereinafter referred to as 'Participant,' 'Entrant,' 'Member,' 'They,' 'Them,' 'You,' or 'your').
1. Acceptance of Terms and Conditions
a. By accessing and using the StyleSide Australia’s website (hereinafter referred to as "the Site"), you agree to be bound by these Terms and Conditions of Use. If you do not accept these terms, please refrain from using the Site. StyleSide Australia reserves the right to modify these terms at any time, and your continued use of the Site signifies your acceptance of any changes made.
2. Copyright and Intellectual Property
a. All content on the Site, including but not limited to text, images, graphics, logos, and software, is the property of StyleSide Australia or its content suppliers and is protected by Australian and international copyright and intellectual property laws. Unauthorized use, reproduction, or distribution of the Site's content is prohibited, and violators may face legal consequences.
3. User Conduct
a. Users of the Site must not engage in any activity that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. Users must also not engage in any activity that infringes on the rights of others, such as copyright or trademark infringement, or that disrupts the normal functioning of the Site.
4. Trade Promotion Details
a. The Trade Promotion begins at 12:00 am AEST on May 19, 2023, and ends at 11:59 pm AEST on June 23, 2023. The giveaway will occur at 12:30 pm on June 24, 2023, and will be livestreamed on social media. The prize will be drawn at 88 Lever St, Albion, 4010, Brisbane, Queensland. The winner will be selected and contacted immediately via phone call, SMS, and email.
5. Conditions of Participant Entry Into The Giveaway
a. We are offering our Mazda RX-7, valued at $80,000, as a promotion of the StyleSide Australia brand.
b. To be eligible to enter the contest, entrants must purchase one of our official memberships, which automatically enters them into the giveaway. Access to these memberships will be available on our website, through our advertisements, social media platforms, and by contacting us directly.
c. Our website outlines the contents of each membership, which can be viewed at stylesideclub.com.
d. This contest is open to all Australian residents who enter according to the terms and conditions of entry.
e. To enter, entrants must:
1. Purchase one of our automotive memberships through stylesideclub.com or the links provided on our social media platforms, which automatically enters you into the giveaway.
2. Participants can also purchase a membership by phone using the number provided in our advertisements and on our website. There will be no call charge fee for the participant, as StyleSide Australia covers all call-associated fees.
f. The contest will take place on June 24, 2023, and will be drawn at 12:30 pm.
g. Our total prize pool is valued at $81,000, which includes:
1. 1st Prize – Mazda RX-7– Valued at $80,000.
2. 2nd Prize – $500 Eftpos Voucher.
3. 3rd Prize – $500 Eftpos Voucher.
h. The contest winner will be drawn and announced on our social media platforms at 12:30 pm. The winner will be published on our Website, Instagram, and Facebook on the same day. Winners can be viewed at this link: stylesideclub.com
i. If the prize remains unclaimed for more than 365 days from the initial draw, a redraw will take place. This will be announced on June 24, 2024, and a new winner will be selected on June 24, 2024, at 12:30 pm AEST at 88 Lever St, Albion QLD 4010. The new winner will be published on our Website, Instagram, and Facebook on June 24, 2024. Winners can be viewed at this link: stylesideclub.com
j. The giveaway will be supervised by an official scrutineer, and the winner will be contacted immediately via phone call, SMS, and email.
k. No one associated with StyleSide Australia, its directors, or employees will be eligible to hold a valid entry into the giveaway. Parents, affiliates, friends, subsidiaries, related companies, contractors, and subcontractors will not be allowed to win any of the prizes drawn by StyleSide Australia in connection with this promotion.
l. If any individual or company known to StyleSide Australia wins, their entry will be deemed invalid, they will receive a full refund, and a new winner will be drawn from the same set of entrants.
m. StyleSide Australia will only cover costs limited to the delivery of the vehicle to the winner's preferred location.
n. StyleSide Australia is not responsible for covering costs such as, but not limited to, vehicle registration, stamp duty, ensuring the vehicle is in a roadworthy condition, or roadworthy-related fees.
o. All packages are final and cannot be exchanged. Each bundle purchase is a one-time payment and is not a subscription to any product or service. Each individual entry has an equal chance of winning.
6. Conditions of Entry
a. Participants will be allowed to enter the contest if they meet the following conditions: 1. They agree to the terms and conditions of this giveaway; and 2. They purchase a bundle through the official channels.
7. Links to Third-Party Sites
a. The Site may contain links to other websites operated by third parties. StyleSide Australia is not responsible for the content or privacy practices of these sites and does not endorse or assume any liability for their content. Users access these third-party sites at their own risk
8. Use of Personal Information Relevant To Marketing
a. This SMS message program is a service of StyleSide Australia. By providing your mobile phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc.) from StyleSide Australia.
b. These messages include text messages that may be sent using an automatic telephone dialing system to the mobile number you provided when signing up or any other number that you designate.
c. You grant StyleSide Australia permission to send text messages to the enrolled mobile number through your wireless phone carrier unless and until you revoke permission per these Terms & Conditions.
d. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
e. Message frequency may vary. StyleSide Australia reserves the right to change the frequency of messages sent at any time to increase or decrease the total number of sent messages.
f. StyleSide Australia also reserves the right to change the short code or phone number from which messages are sent, and we will notify you if we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. StyleSide Australia, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
g. By enrolling in the StyleSide Australia messaging program, you also agree to these messaging terms & conditions ("Messaging Terms"), our StyleSide Australia Terms of Use, and StyleSide Australia Privacy Policy.
9. Cancellation of Service
a. To cancel the service, text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message.
b. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message, you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for them to take effect.
c. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands and agree that StyleSide Australia and its service providers will have no liability for failing to honor such requests.
d. If you unsubscribe from one of our text message programs, you may continue to receive text messages from StyleSide Australia through any other programs you have joined until you separately unsubscribe from those programs.
10. Help or Support
a. Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
11. No Warranty
a. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THATTHE MESSAGING PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
12. Limitation of Liability
a. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER STYLESIDE AUSTRALIA OR ANY PARTY ACTING ON BEHALF OF STYLESIDE AUSTRALIA BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO STYLESIDE AUSTRALIA HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, ONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF STYLESIDE AUSTRALIA HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE STYLESIDE AUSTRALIA MESSAGING PROGRAM. STYLESIDE AUSTRALIA AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
13. Indemnity
a. To the maximum extent allowed by applicable law, you agree to indemnify, defend, and hold harmless StyleSide Australia, its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys' fees, judgments, or penalties of any kind or nature arising from or in relation to these Messaging Terms or your receipt of text messages from StyleSide Australia or its service providers.
14. Dispute Resolution
a. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from StyleSide Australia or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises, will be resolved by binding arbitration.
b. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND STYLESIDE AUSTRALIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
15. Exceptions
a. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or StyleSide Australia to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
b. Any arbitration between you and StyleSide Australia will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at JAMSADR.COM. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16. No Class Actions
a. YOU AND STYLESIDE AUSTRALIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
b. Further, unless both you and StyleSide Australia agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and StyleSide Australia are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
17. Modifications to this Arbitration
a. Notwithstanding anything to the contrary in these Messaging Terms, if StyleSide Australia makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to StyleSide Australia's contact information provided in the "Contact Us" section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and StyleSide Australia.
b. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
18. Changes to the Messaging Terms
a. We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from StyleSide Australia after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
19. Entire Agreement/Severability
a. These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and StyleSide Australia concerning the Messaging Program.
20. Miscellaneous
a. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of StyleSide Australia to exercise or enforce any right or provision in these terms shall not constitute a waiver of such right or provision.
b. By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
21. Governing Law
a. These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from the use of the Site or these terms shall be resolved exclusively in the courts of Australia.
22. Contact
a. Please contact us with any inquiries or concerns at info@stylesideclub.com or write to us at: 5 Gorban Street Holland Park QLD 4121 Australia
23. Representation and Warranties of StyleSide Australia
a. StyleSide Australia warrants the following:
1. The vehicle involved in this contest is owned by StyleSide Australia and will be given away as a promotional prize.
2. The purpose of this contest is to promote StyleSide Australia and bring awareness to the StyleSide Australia brand.
3. We do not sell raffle tickets or any other form of ticket to enter this contest.
4. This prize is strictly a promotional giveaway, which can be won by any person that purchases a bundle via our website or any official link, thereby becoming a customer of StyleSide Australia.
5. Entries to the giveaway are strictly, and only provided as promotional prizes to the members or customers of StyleSide Australia.
6. Entries cannot be purchased and will not be sold.
7. StyleSide Australia funds the entirety of this contest. This includes prizes, media, marketing, and other associated fees.
8. The contest is solely promoted by StyleSide Australia (ABN 26 667 724 236).
9. Representation and warranties of the entrant 10. The entrant represents and warrants that it shall not contact any affiliate, employee, sponsor, or partner of StyleSide Australia in order to manipulate contest results.
24. Disclaimer
a. Any and all disputes, claims, and causes of action arising out of or in connection with the Contest and the promotional prizes shall be resolved individually without any form of class action.
b. Any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in entering the Contest, but under no circumstances will StyleSide Australia be responsible for any legal fees.
c. Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred in entering the Contest.
d. In no event will anyone associated with StyleSide Australia, its directors, or employees be able to hold a valid entry into the giveaway. No parents, affiliates, friends, subsidiaries, related companies, contractors, or sub-contractors will be allowed to win any of the prizes drawn by StyleSide Australia in connection with this promotion. Should any individual or company known to StyleSide Australia win, their entry will be held as invalid, they will receive a full refund, and a new winner will be drawn from the same set of entrants.
e. In no event will StyleSide Australia, their licenses, parents, affiliates, subsidiaries, and related companies, their advertising or promotional agencies, or their respective officers, directors, employees, representatives, and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to or use of this website, electronic or computer malfunctions, or entrant participation in this contest, even if StyleSide Australia was advised of the possibility of such damages.
f. StyleSide Australia reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest, as solely determined by StyleSide Australia.
g. Entrants consent to StyleSide Australia in using the personal information provided in connection with this Giveaway for the purposes of facilitating the conduct of the Promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research, and profiling purposes, including sending electronic messages or telephoning the entrant.
h. In the event the Contest is compromised by non-authorized human intervention, tampering, or other causes beyond the reasonable control of StyleSide Australia that corrupt or impair the administration, security, fairness, or proper operation of the Contest, StyleSide Australia reserves the right to suspend, modify, or terminate the Contest.
i. Any attempt by a Participant to deliberately damage the website or undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, StyleSide Australia reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.
j. StyleSide Australia assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service providers, or email systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible, or misdirected electronic communications, or any combination thereof.
k. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
l. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
m. Should there be any dispute relating to the prize of the competition, it is StyleSide Australia’s responsibility to provide a refund, corresponding to the entry fee, to the buyer and re-claim ownership and title of the prize. StyleSide Australia is not responsible for any expectations or misunderstandings on behalf of the winner.
n. The time of entry will be deemed to be the time the entry is received by the Promoter.
o. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion or paying the cost of resupplying those goods or services.
p. The winner of the promotion must show evidence of their entry into the draw and provide a photo receiving their prize for StyleSide Australia’s use on social pages.
q. The Contest is void where prohibited or restricted by law.
r. Number plates are not included with the giveaway prize.
s. By participating in this contest, entrants agree to abide by these terms and conditions. StyleSide Australia reserves the right to modify or amend these terms and conditions at any time without prior notice. It is the responsibility of the entrant to stay informed about any changes made to the terms and conditions throughout the duration of the contest.
Our State Permits
TP/02653 | TP 23/00918