Oodie App - Download & Win Terms & Conditions

SCHEDULE

Promoter, we, us or our	Name:      Davie Group Trading (Australia) Pty Ltd (ACN 646 762 745) t/a The Oodie Address:  T1, 775 South Road, Black Forest, South Australia 5035, Australia Email:           help@theoodie.com.au
Promotion	The Oodie App Download & Win Promotion
Promotional Period	Start Date:  9am 3rd October 2023 (AEDT) End Date: 9am 15th October 2023 (AEDT) The Promoter has the right to end the Promotion earlier than the End Date.
Prize	The Prize is a £100 gift card for use on The Oodie UK official website or App (per Winner).
Criteria	To be eligible to take part in the Promotion, the Customer must: ·       download and install “The Oodie” mobile application (App) during the Promotional Period; and ·       be at least 18 years of age or the age of majority in their respective country or jurisdiction. The Promotion may not be used in conjunction with other promotions that the Promoter offers from time to time. Employees, directors, and officers of the Promoter and their immediate family members are not eligible to participate in the Promotion. Valid for use only on theoodie.co.uk.
How to Enter	To be enter the Promotion, the Customer must, during the Promotional Period: ·       download and install the App from the Apple App Store or Google Play Store; ·       open the App and follow the instructions, including enter any relevant details; ·       click on the “Enter to Win” promotion banner within the App and provide the required information.
Draw Details	Draw Date: within 14 days after the End Date of the Promotional Period. A total of 50 Winners will be selected randomly from all eligible entries.
Notification of Winners	Winners will be notified via email no later than 30th October 2023. If a Winner cannot be contacted within 14 days of our first attempt to notify them, their prize may be forfeited, and a subsequent Winner may be selected.

 

TERMS AND CONDITIONS

1. These terms and conditions are between Davie Group Trading (Australia) Pty Ltd (ACN 646 762 745) (the Promoter) and you, the person participating in the Promotion (the Customer).
2. Information on eligibility, mechanisms on how to participate, and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
3. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by us in our sole discretion.
4. Prize Draw: The draw to determine the Winner (Winner) for the Promotion will be conducted in accordance with the Draw Details set out in the Schedule. Each Winner may only win one Prize.
5. We reserve the right to alter or withdraw the Promotion at any time. Our decision is final in all matters relating to a promotional offer.
6. Subject to our Standard Terms and Conditions: Each offer applies to selected products and are subject to the restrictions in these Terms and Conditions and our Standard Terms and Conditions available at https://theoodie.co.uk/policies/terms-of-service
7. Promotional Period: The Promotional Period commences on the Start Date and concludes on the End Date, as particularised in the Schedule.
8. Eligibility: The Promotion is open to individuals that meet the Criteria.
9. One use per person: Each Customer is able to take part in the Promotion once.
10. Verification of use: The Promoter reserves the right, at any time, to verify the validity of any Customer (including a Customer’s identity, age and place of residence).
11. Application to orders: Only one offer can be used per order, and it may not be used in conjunction with any other discounts or promotional codes of offers. Offers cannot be applied to existing orders.
12. Expenses and delivery costs: Customers are responsible for any and all expenses incurred when participating in the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated in the Schedule). Delivery costs may apply.
13. The Prize is not exchangeable, transferrable or redeemable for cash.
14. Personal information: The Promoter may collect personal information in order to conduct the Promotion and/or for other purposes as notified by the Promoter and may, for this purpose (or these purposes), collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and as required, to regulatory authorities. Participation in the Promotion is conditional on providing this information. Customers should direct any request to opt out, access, update or correct information to the Promoter. Personal information will be handled in accordance with the Promoter’s privacy policy available at https://theoodie.co.uk/policies/privacy-policy
15. Publicity: It is a condition of entry into the Promotion that the Winner consents to the publication of their names and likeness for promotional and advertising purposes without additional compensation, except where prohibited by law.
16. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
17. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions or otherwise for any special, indirect or consequential loss including but not limited to any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, however arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
18. Liability: Except for any liability that cannot by law be excluded by law (including the Non-Excludable Guarantees), to the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) will not be liable to a Customer for, and the Customer indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with: (a) any act or omission of the Customer; (b) any breach of these Terms and Conditions by the Customer; (c) any personal injury or loss; (d) claiming the Promotion or any delay in being able to purchase the Product; (e) any Promotion claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (f) any tax liability incurred by a Customer.
19. Force Majeure: If performance of the Promotion, or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure Event, and if as a result the Promoter is unable to carry out its obligations or to provide the Customer with the Promotion (or any part of it), the Promoter may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative promotion to the same value as the original Promotion. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, epidemics and pandemics, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
20. Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Customers’ convenience only and the Customer agrees to access, use and otherwise deal with Linked Sites at their own risk.
21. General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to British Pound, Pound, GPB£ or £ is a reference to the lawful currency of the United Kingdom.
22. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
23. Jurisdiction: These Terms and Conditions are governed by the laws of England and Wales. By participating in the Promotion, Customers submit to the exclusive jurisdiction of the courts operating in English courts and waive any right to object to proceedings being brought in those courts.
24. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Customer and supersede any prior agreement, understanding or arrangement between the Promoter and any Customer, whether oral or in writing, in relation to the Promotion.
25. Representations: To the maximum extent permitted by law, the Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
26. Last updated: 28 September 2023