New Product Guess and Giveaway - Official Rules

No purchase is necessary to enter or win. A purchase will not increase your chances of winning.

1. Residency; Eligibility.

2. Residency. Except where prohibited by law, the Lovehoney New Product Guess and Giveaway (the “Giveaway”) is open to all eligible (as defined hereinbelow) individuals with a valid e-mail address (each an “Entrant”). THE GIVEAWAY SHALL BE VOID WHERE PROHIBITED BY LAW.

3. Eligibility. To be eligible to participate in the Giveaway an Entrant:

(i) must have reached the age of majority in the Entrant’s state, province or territory of residence as of the date the Entrant has signed up for the Giveaway,

(ii) may not be an employee, officer, director of the Sponsor (as defined hereinbelow) and/or any of its Affiliates1 (collectively, the “Employees”), or a member of an Employees’ Family2 and/or an individual living in the same household as any Employee.

1. Sponsorship.

The Sponsor is Lovehoney Australia Pty Limited, with its registered address at Grant Thornton, King George Central, Level 18 145 Ann Street, Brisbane QLD 4000, Australia, for all Entrants ( “Sponsor” or “Lovehoney”). The Sponsor will conduct the Giveaway in accordance with the rules set forth herein (the “Official Rules”).

1. Acceptance of the Official Rules.

By entering this Giveaway, the Entrant agrees to abide by the Official Rules. Entering into the Giveaway constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules. The Sponsor reserves the right at any time, at its sole discretion, to refuse, withdraw, or disqualify any Entry (as defined hereinbelow) and to verify the eligibility of any Entrant. By entering this Giveaway, the Entrant represents and warrants that the Entrant is eligible to participate based on the eligibility requirements set forth in the Official Rules. The Entrant also agrees to accept the decisions of the Sponsor in connection with this Giveaway as final and binding.

1. Entry Period.

The Competition opens at 6:00pm AEST on Wednesday 31st May 2023 and closes at 23:59pm on Wednesday the 31st of May 2023 AEST. No nominations before or after this time will be counted (“Entry Period”).

1. How to Enter the Giveaway; Invalidation/Disqualification

2. How to Enter. Entrants may enter the Giveaway by submitting their guess of the new product and their email address through this portal: https://campaign.odicci.com/#/84810f223198fa89bcc8 (“Entry”). Entrants must fully meet all Giveaway requirements, as specified in the Official Rules, to be eligible to win the Prize.

3. Invalidation. Incomplete Entries, or Entries that, to the Sponsor’s knowledge, do not adhere to the Official Rules or specifications will be invalidated and removed from the Giveaway. Each Entrant may only enter the Giveaway once. Fraudulent methods of Entry or circumvention of the Official Rules that come to the Sponsor’s attention will result in the invalidity of the Entrant’s Entry, removal of the Entry from the Giveaway and disqualification of the Entrant from the Giveaway.

4. Disqualification; Compliance. The award of any Prize will be contingent upon the compliance by each Entry and Entrant with any and all federal, state, provincial and local laws, rules and regulations and the rules and procedures of the Official Rules. IF, TO THE SPONSOR’S KNOWLEDGE, THE ENTRANT VIOLATES ANY OF THE APPLICABLE LAWS, RULES OR REGULATIONS OR ANY OF THE OFFICIAL RULES, THE ENTRANT (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER OR ENTRANT WILL BE IMMEDIATELY TERMINATED. NOTWITHSTANDING ANY PROVISION OF THE OFFICIAL RULES, THE SPONSOR ASSUMES NO RESPONSIBILITY OR LIABILITY TO INVESTIGATE OR RESEARCH THE ENTRIES FOR COMPLIANCE WITH THE OFFICIAL RULES.

5. Prizes; Substitutions; Non-Transferability; No Warranties and Representations; Taxes.

6. Prize. The Prize will go to the person who guesses it correctly. If multiple people guess correctly, then it will determined by drawing a lot. If no one guesses correctly, all entrants will go in the lot. There will be one Winner to win the Prize. The Sponsor may, at its sole discretion, award further prizes to other Entrants. Each Price is worth 179AUD. The actual/appraised value of the Prize may differ at the time it is awarded. All values are estimates only. The Sponsor reserves the right to verify the Winner and ask for proof of identity, age and address and to withdraw any Prize entitlement where there are grounds to believe there has been a breach of these Official Rules.

7. Substitutions. The Sponsor reserves the right, at any time with or without notice to the Entrants, to substitute a Prize or a Prize component with one of equal or greater value. No Entrant will be entitled to cash or other prize substitution permitted except at the Sponsor’s discretion.

8. Non-Transferability. Prizes are non-transferable. Each Entrant, upon acceptance of a Prize, is solely responsible for all costs and expenses related to the acceptance, use or redemption of the Prize, including without limitation transportation and subsistence expenses, the payment of any and all local, state, provincial and federal taxes and any related legal requirements, including any related disclosure to any tax authority. The Entrant shall not convey, transfer or assign any Prize or any right therein to others nor shall the Entrant be entitled to a cash equivalent or substitution. Any such conveyance, transfer or assignment will be null and void and of no legal effect.

9. No Representations or Warranties. The Sponsor makes no representations or warranties with respect to the receipt, delivery, use or misuse of any Prize. If any Entrant is unable to receive and/or redeem any or all of any applicable Prizes due to reasons beyond the control of Sponsor, no compensation, cash value or substitute prize will be provided.

10. TAXES. EACH ENTRANT IS RESPONSIBLE FOR ALL APPLICABLE TAXES, AND ALL COSTS AND EXPENSES THAT SHALL BE DUE AS A RESULT OF ACCEPTANCE AND USE OF ANY PRIZE INCLUDING, BUT NOT LIMITED TO, INCOME, SALES, OR OTHER TAXES OR COSTS AND ANY EXPENSES ASSOCIATED WITH THE PRIZE.

11. Odds.

The total number of eligible Entries received determines the odds of winning. Each player has a fair and equal chance of winning.

1. Notification of Winner; Failure to Claim Prize.

2. Notification. The Sponsor will notify the Winner by email by the 5th of June following the Winner’s selection. Upon entering the competition, the Entrant acknowledges that they may be contacted by the Sponsor.

3. Failure to Claim. The Sponsor shall be neither responsible nor liable for any Winner’s failure to receive a notice, including but not limited to due to email security settings that may cause notifications to be marked as spam or junk email, nor shall the Sponsor be liable for any Winner’s provision of incorrect or otherwise non-functioning contact information. If any Winner (or Alternate Winner, as defined hereinbelow) (1) fails to claim their Prize within 24 hours from the time the award notification was sent, or (2) is found to be ineligible, the Prize will be forfeited, and an alternate Winner may be selected based on a redraw (the “Alternate Winner”).

4. Rights Granted by the Entrant.

Except where prohibited by law, by accepting a Prize, each Entrant understands, acknowledges and agrees that the Sponsor, any of its Affiliates, any individual acting on the Sponsor’s and/or any Affiliates’ behalf, and any licensee, successor, and assign of the Sponsor and/or any of its Affiliates shall, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, the Entrant’s name and likeness, and any of the Entrant’s statements about the Giveaway for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.

1. Modification and Termination.

In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Giveaway, in whole or in part, at any time and without notice, including but not limited in the event of a non-authorized human intervention, a bug or a virus, fraud, or any other cause beyond the Sponsor’s control (including insufficient entries or any accident, technical, administrative, or other error of any kind) or any other event impacting adversely upon or corrupting, the security, fairness, proper conduct, or administration of the Giveaway. In the event of any modification, suspension, cancelation or termination of the Giveaway, the Sponsor reserves the right at its discretion to determine the Winner based on all eligible entries received prior to and/or after (if appropriate) such action taken by the Sponsor, or not to determine any Winner at all.

1. Release; Indemnity; Limitation of Liability; Severability.

The Entrant shall release and hold harmless the Sponsor and its Affiliates, and their respective shareholders, directors, and officers, members, managers, employees and other agents against and from any and all claims, liability, loss due to injury, death or damages of any kind (including direct, indirect, incidental, consequential or punitive damages) that may arise out of or relate to, directly or indirectly, the Entrant’s Entry or participation in this Giveaway or the use, misuse or redemption of a Prize. THE ENTRANT HEREBY WAIVES ALL RIGHTS TO PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE LEGAL FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY). IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR MORE THAN THE APPROPRIATE VALUE OF THE RELEVANT PRIZE. Any provision of the Official Rules shall be severable and, if one or more provisions shall be held not to be valid under applicable law, the remainder of the Official Rules shall remain enforceable to the maximum extent permitted by applicable law.

1. Governing Law; Disputes.

2. Governing Law. This Giveaway and the Official Rules are governed by the laws of the State of Queensland, Australia, without reference to conflict of law rules thereof.

3. Dispute Resolution. The Entrant agrees, as a condition to participating in this Giveaway, that if any disputes cannot be amicably resolved between the Entrant and the Sponsor, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by The Australian Centre for International Commercial Arbitration (“ACICA”) without resorting to any form of class action arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Brisbane, Queensland each time before one arbitrator selected from the roster of arbitrators of the ACICA. The arbitrator shall be an attorney practicing consumer and commercial law admitted to practice in Brisbane with an office in Brisbane, Queensland, with at least fifteen (15) years of experience. The prevailing party in any threatened or actual claim, action or proceeding between the parties shall be entitled to reimbursement by the other party for the prevailing party’s legal costs and expenses, including the prevailing party’s attorneys’ fees and expenses and any arbitrator’s fees and expenses.

4. Personal Data.

In order to participate in this Giveaway, it may be necessary for Entrants to provide personal data (including without limitation the name, e-mail address and phone numbers of the Entrant) (the “Data”). The Sponsor only uses this Data for the duration and for the administration of the Giveaway. The Sponsor shall keep the name and last known address of each Winner and a description of the Prize for 2 years after the promotion has ended. If the Prize is provided by someone other than the Sponsor, the Sponsor will send such Data to the Sponsor of the relevant Prize or its service provider for the sole purpose of administering this Giveaway. Winners’ names will be shared on Sponsor’s social media accounts, and, upon request, with any eligible Entrant. Otherwise, the Data will not be disclosed or transferred to third parties without any necessary consent. Information submitted with an Entry is subject to the privacy policy stated from time to time on the Sponsor’s website.

1. No Employment or Contractual Relationship.

Nothing contained in the Official Rules shall be deemed or construed to create any legal commitment or obligation on the part of the Sponsor to treat any Entrant as an employee or an sales agent; without limiting the generality of the foregoing, no Entrant shall be entitled to any commission or other remuneration in connection with the offer or sale of any Lovehoney nor WOW Tech brand product or service.

1. Amendment; Waiver.

No amendment, modification, supplement, termination, consent or waiver of any provision of the Official Rules shall be effective unless explicitly stated on the Giveaway Website or granted in writing duly executed by a duly authorized officer of the Sponsor.

1. Winner List.

Any eligible Entrant may obtain a copy of the Winner’s name or a copy of the Official Rules, by sending a request via email to: OTT@lovehoneygroup.com. Any such request must be received by the Sponsor no later than June 15th at 11:59PM AEST.