TERMS & CONDITIONS
Accent Group Limited ~ Loyalty Campaign Feb to Mar 2018
1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
- Entry is open to all residents of Australia and New Zealand. However, employees and their immediate families of Accent Group Limited and their associated agencies and companies are not eligible to enter.
- The competition commences on 5th February 2018 at 09:00 (AEST) and concludes on 1st April 2018 at 23:59 (AEST) (Promotional Period).
- The competition will be advertised on the Timberland website, in stores, on social media, and via email.
- To enter each draw, participants must:
- Sign up to email marketing in any Timberland store at point of sale. Provide requested details including (but not limited to) a valid email address and first name.
- Sign up to the Timberland email list via the website or sign up form. Input requested details including (but not limited to) a valid email address and first name.
- Existing members can enter by updating their online profile details by clicking on the ‘Update your preferences’ link (or similar) in the Timberland email footer.
- Submit the fully completed form.
- Upon form submission the entrant will be automatically entered in the draw to win the Timberland Prize.
- Entry is only open to Australian and New Zealand residents who are 13 years and over. Entrants under the age of 18 must have parent or legal guardian approval to enter.
- Incomplete entries will be deemed invalid.
- Anyone found to use multiple accounts to enter will be considered ineligible.
- Entrants in the competition may only enter once per email address. However, only one prize per household is permitted (SA residents are entitled to win more than one prize).
- The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
- The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
- Entries must be received by 1st April 2018 at 23:59 (AEST). The time of entry will in each case be the time the online entry is received by the Promoter’s database. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
- Any entry that is made on behalf of an Entrant by a third party will be invalid.
- The cost of accessing the promotional website will be dependant on the entrant’s individual Internet Service Provider.
- There will be a total of two (2) Timberland winners that will receive a prize (refer to Clause 28).
- No part of the prize is exchangeable, redeemable for cash or any other prize or transferable.
- Any ancillary costs associated with redeeming the prize are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
- Total prize value is up to AUD$540.
- Prizes cannot be transferred and cannot be redeemed for cash.
- If the prize(s) is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.
- The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
- Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
- By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
- In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Accent Group Limited or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
- In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
- Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
- If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner.
- Each valid entrant who signs up to the Timberland email list during the promotional period will be entered into the respective brand’s competition draw. Two (2) winners will receive prizes as per the table below.
Draw Date & Time
Unclaimed Prize Draw
Pair of Timberland shoes (Up to value of $270)
02:30 pm AEST
3rd April 2018
02:30 pm AEST
3rd July 2018
Pair of Timberland shoes (Up to value of $270)
02:30 pm AEST
3rd April 2018
02:30 pm AEST
3rd July 2018
- Each valid entrant who signs up to the Timberland email list, during the promotional period will be entered to the Timberland competition draw.
- You must stay subscribed to the Timberland email list to be eligible to win, and also remain subscribed at the time of the competition redraw if a redraw occurs in accordance with these terms and conditions of entry.
- The draws will take place at Accent Group Pty Ltd, 2/64 Balmain Street, Cremorne, VIC 3121, Australia at 02:30 pm AEST on 3rd April 2018, using computerised random selection. The winners will be notified by email or phone and within 2 days of the draw. The winner will also have their details published on the Timberland website within 2 days of the draw.
- If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
- Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
- Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
- Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at Accent Group Pty Ltd, 2/64 Balmain Street, Cremorne, VIC 3121, Australia at 02:30 pm AEST on 3rd July 2018, using computerised random selection. The winners will be notified within 2 days of the draw. The winners will be notified of their prize by email or phone and will have their details published on the Timberland website within 2 days of the draw.
- The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result.
- It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
- It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
- The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
- The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- Accent Group Limited and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
- If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
- All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.
- All entries become the property of the Promoter. All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to the Promoter.
- Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter.
- The Promoter is Accent Group Limited ABN 85 108 096 251, 2/64 Balmain Street, Cremorne, VIC 3121, Australia. Ph: 02 8310 0000
Authorised under NSW permit no: LTPM/18/02676; ACT permit no: ACT TP 18/00023
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you agree to be bound by and subject to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website without notice.
2. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law Timberland Australia and its suppliers, content providers and advertisers are hereby expressly excluded from being subject to any conditions, warranties and other terms or obligations which might be imposed by statute, common law or equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials or products posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect timberland's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability, which cannot be excluded or limited under applicable law.
The Timberland Australia Website and online store (collectively, our “Website”) is owned and operated by Platypus Shoes (Australia) Pty Ltd trading as 'Timberland Australia' (ABN 86 122 726 907) with our support office located at 2/64 Balmain Street, Cremorne 3121 Victoria, Australia.
Access and use of the Timberland Australia Website is conditional upon your acceptance and compliance with the Terms of Service. You should read them thoroughly before using our Website and online store, or any Services provided through our Website. Your use of the Timberland Australia Website constitutes your agreement to the Terms of Service.
Timberland reserves the right to amend the Terms of Service at any time and without notice to you. Timberland Australia may change the Terms of Service from time to time, and your continued use of our Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the Terms of Service as so amended. We will always publish a link to our current Terms of Service from the Website homepage at www.timberland.com.au.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria in Australia.
5. PERSONAL INFORMATION
Although not compulsory, you may create a customer account on our Website to make a purchase. However, you must create a Timberland Australia account to save products into your wishlist or engage with the Timberland Australia community to make comments on our Website.
As an account holder you must provide Timberland with accurate personal information including a valid email address. Provision of another person’s details as your own is not acceptable and may result in Timberland cancelling your account .
As an aide to fraud prevention we may require proof of identification of the holder of a credit card being used to make a purchase prior to releasing the order.
6. SECURITY OF YOUR ACCOUNT
If you create an account with Timberland Australia you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.
Each time your password is used, you will be deemed to have authorized access to and use of our Website in a manner consistent with these Terms of Service. This means that you are responsible for any products purchased using your account details.
You must notify Timberland if at any time you believe someone has access to your password. You may be asked to verify your identity when you contact our Customer Care Team for access to order information, personal information or any other information relating to your account and its use.
7. TERMS OF SALE
By placing an order you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
A. PRICING & AVAILABILITY
While we try and ensure that all details, descriptions and prices which appear on our Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
All prices on our Website are quoted in Australian dollars and include GST.
All prices are subject to change. All prices displayed on our Website are only valid online at the time shown.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Timberland Australia attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown. If an ordered item isn't available or we are unable to fulfill your order we may attempt to arrange an alternative item or will provide a full refund.
Credit card information provided to Timberland Australia for the purchase of goods is protected. Timberland is a secure site protected with a Digicert SSL certificate. Timberland Australia does not under any circumstances store credit card details. This type of security ensures your order and payment details are encrypted and remain secure over the internet.
Provision of credit card information as payment for any products constitutes an agreement for your purchase of the selected products. We accept payment by Visa, MasterCard, American Express (AMEX), PayPal and Afterpay. You must comply with the applicable terms and conditions of these providers.
We also accept payment by Gift Cards online.
You must not pay or attempt to pay for any products using fraudulent credit card information.
Dispatch times may vary according to availability. Any specifications made as to delivery times may be subject to delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery page for further information.
We currently only deliver to Australian addresses only.
Orders for Collection at a Timberland Store
- The terms of this clause apply where you select to collect your Order from a Timberland Australia Store.
- If you select to collect your goods from a Timberland Australia Store, you will receive an email & SMS to notify you when the Order is available for collection.
- Orders for collection at a Timberland Store must be collected within 21 days of the relevant Timberland Store giving you notice by email or SMS that your Order is available for collection. If your Order is not collected within this time, the relevant Timberland Store has the right to allocate those goods to another customer and reorder the goods for you or cancel and refund the transaction to method which you paid for the goods.
- We may request to see the credit card used or speak to the card holder at any stage. If you need to nominate someone other than yourself to collect the order, we require prior contact to our Customer Care team. The nominee will also be required to show a form of I.D.
An authorization request must be made through our Customer Care team for all returns of items purchased online before the goods are posted back to Timberland Australia. When returning purchases made online, the products must be unworn and in their original condition and original packaging. You are liable for the postage cost of returning products purchased on this Website. Please note, any delivery cost incurred on the original order cannot be refunded and will be at the loss of the customer.
If the product is faulty when you receive it you may choose to return the product to Timberland for a full refund. Faults will be assessed by our Customer Care Team and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund. Refunds made under this clause are subject to clause e. below. For more information on our online and store returns policy, please refer to our Returns page for further information.
Refunds will only be issued in accordance with our online returns policy and will only be made to the original account used for payment. In some limited circumstances we may make a refund to an alternative account if the original account has been cancelled or is not available.
Timberland Australia will not consider requests for refunds after 30 days of purchase unless the product is deemed faulty by our Customer Care Team.
F. LOSS OF GOODS
The risk of loss of goods shall be passed to you upon our delivery of the product to Timberland's' nominated delivery company, unless the loss of goods was caused by the nominated delivery company, at which point, Timberland Australia will take reasonable steps to recover or replace the lost goods.
G. ORDER CANCELLATIONS
Subject to clause a. above, once you have placed your order, Timberland Australia is unable to add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order. We reserve the right to cancel your order if:
- You provide an unauthorized credit card;
- We are unable to process payment on the credit card provided;
- You have provided invalid personal details;
- If, when required, you cannot provide acceptable proof of identity;
- The product has become unavailable;
- If, for any reason, we don't reasonably believe we can successfully complete delivery
Our Customer Care Team will attempt to notify you before cancelling your order.
H. GIFT CARDS
Timberland Australia Gift Cards can be used as a method of payment both in store and online.
I. ONLINE PROMO CODES
We may from time to time offer online promotional discount codes (“Online Promo Codes”), which may apply in respect of any, or certain specified, purchases made though our Website. The conditions of use relating to any Online Promo Code will be specified at the time of issue. These Online Promo Codes cannot be transferred or used for purchases in-store.
Some Online Promo Codes may have a minimum spend (eg. only available if you spend a specified amount), apply only to a specific product, or group of products, be available for a limited time or specified date range, and/or be only available to a specific customer group (eg. Students). Specific details regarding this will be provided with your Online Promo Code.
If we have reason to suspect an attempt to deceive or defraud Timberland Australia through the use of an Online Promo Code, we reserve the right to deny use of the Online Promo Code, and/or request an alternative means of payment.
If the credit of an Online Promo Code is insufficient to complete an order, you can choose another accepted method to pay the balance outstanding. This could include an accepted credit card where applicable.
Timberland Australia runs consumer promotions and competitions from time to time. Each consumer promotion or competition will have specific terms and conditions. Please refer to the terms and conditions of each individual consumer promotion or competition for more details.
If we run a competition where the entries will be judged, and a winner is then chosen, the entries will be judged by Timberland Australia. Timberland's decision is final and no correspondence will be entered into. The prize only includes what is expressly stated to be part of the prize and is not transferable. No cash alternative is available.
You are responsible for providing us with accurate and up-to-date contact details. We will not be liable for any failure, delay or inability to contact you. Winners will have 7 business days to claim their prize, at which time the prize will be redrawn.
If you are a potential winner, we will contact you at the email address you provided, or we will contact you through other means which are specified in the individual consumer promotion or competition terms and conditions. We will contact you within 48 hours of the winner being drawn and may ask you to verify your personal details.
Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers or any persons contact with the promotion of a competition.
Incomplete or indecipherable entries will be deemed invalid. Timberland Australia reserves the right to disqualify any entrant who submits and entry that is not in accordance with these terms and conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.
If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.
By entering into a Timberland Australia promotion or competition, you give Timberland your consent to the recording of your email address on Timberland Australia's marketing mailing list and the receipt of marketing communications from us. You may unsubscribe at any time by clicking the 'Unsubscribe' link at the bottom of our newsletters.
Entry into a consumer promotion or competition is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.
9. REVIEWS & COMMENTS
You may post reviews and make comments about the content of our Website. The reviews and comments however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Timberland Australia reserves the right to remove such comments at any time without notice to you.
If you post a comment, and unless we indicate otherwise, you grant Timberland Australia a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on our Website and on any other marketing material Timberland Australia may create.
You must not misuse our Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
11. INTELLECTUAL PROPERTY, SOFTWARE & CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remain the property of Timberland Australia and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the World. All such rights are reserved by Timberland Australia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
12. LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our homepage on any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
13. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES & THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on our Website are in no way associated, linked or affiliated with Timberland Australia and you should not rely on the existence of such a connection or affiliation. Trademarks or brand names featured on our Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Timberland Australia.
You agree to indemnify, defend and hold harmless Timberland Australia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms of Service.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this Website. Timberland Australia makes no warranty regarding the strength or effectiveness of that encryption and accepts no responsibility for events arising from unauthorized access of the information you provide.