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Giveaway Terms and Conditions

US Terms
The following promotion is intended for viewing in the 50 United States and D.C.
only and is construed and evaluated according to California law. Do not enter this Promotion if you are not a
legal resident of, and located in, the 50 United States or D.C. at the time of
entry.

NO
PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF
WINNING.

By participating in AUSTRALIAN SUMMER GIVEAWAY
(the “Promotion”), each entrant (or
his or her parent or legal guardian if the entrant is under the age of majority
in his or her state of residence) unconditionally accepts and agrees to comply
with and abide by these Official Rules and the decisions of MONDAY SWIMWEAR,
LLC (“Sponsor”), which are final and binding in all respects.
Sponsor is responsible for the collection and selection entries and the Promotion’s
overall administration. Entrants should
look solely to Sponsor with any questions, comments or problems related to the
Promotion.

1.
ELIGIBILITY: AUSTRALIAN
SUMMER GIVEAWAY (the “Promotion”)
is open only to legal residents of the 50 United States and the District of
Columbia who are at 18 years of age or older.
Entrants under the legal age of majority in their state of residence must have permission
to enter the Promotion from their parent or guardian. Employees of Sponsor and
its parent companies, affiliates, subsidiaries, and related companies, and agencies
and immediate families (defined as parents, children, siblings and spouse and
their respective spouses, regardless of where they reside) and those living in
the same household, whether or not related, are not eligible to enter or win. Void
in all U.S. territories and possessions and overseas military installations and
where prohibited or restricted by law.

2.
TIMING: The Promotion
begins 26th January, 2018 at 12:00am AEDT and ends on 31st January, 2018 at
11:59pm AEDT (the “Promotion Period”).

3.
HOW TO ENTER: To enter online, visit https://mondayswimwear.com/pages/aus-giveaway between 26th January, 2018 at 12:00am AEDT and 31st January, 2018
at 11:59pm AEDT, complete the AUSTRALIAN
SUMMER GIVEAWAY entry form and submit it. To be valid, entries must be received no
later than 31st January 2018 at 11:59pm AEDT.

4.
ENTRY CONDITIONS: Limit one (1) entry
per person. The authorized account holder of
the email address used to enter the Promotion is deemed to be the entrant. The
“authorized account holder” is the natural person assigned to an email address
by an internet access provider, online service provider or other organization
responsible for assigning email addresses for the domain associated with the
submitted address. Each potential winner may be required to show proof of being
the authorized account holder.

5.
PRIZE:

5.1. There will be one (1) winner of US residency
in total.
5.2. Total prize pool value is USD $950 (RRP
AUD $1,220)
5.3. The winner will receive a gift pack
valued at USD $950 (RRP AUD $1,220):
5.4. 1 x Monday Swimwear voucher total value USD
$500 (RRP AUD $628)
5.5. 1 x Spell Byron Bay voucher - total
value USD $250 (RRP AUD $341)
5.6. 1 x Quay Australia voucher - total value
USD $200 (RRP AUD $251)
5.7. Taxes on prize, if any, are
solely the responsibility of the winner. Winners of a prize valued at $600 or
more will receive a Federal Tax Form 1099. We recommend that you consult with
your tax advisor if you have further questions.
5.8. Prize, or any unused portion of the
prize, is not transferable or exchangeable and cannot be taken as cash. Prize
fulfillment is based on availability. Sponsor reserves the right to substitute
a prize of equal or greater value in its sole discretion, unless such
substitution is prohibited by law.
Sponsor may disqualify a winner and select an alternate winner if any
prize is returned undeliverable. Prizes are non-transferable. Sponsor need not
substitute a prize based on the winner’s request.
5.9. Please allow 2 weeks for
prize delivery from the time a winner provides delivery information to Sponsor.

6.
ODDS OF WINNING: The odds of winning depend
on the total number of eligible entries received.

7.
WINNER SELECTION: 1 potential
winning entrant of US residency will be selected by random drawing on or about 1st
February 2018. Potential winning entrants will be contacted via email. If a
potential winning entrant is determined by Sponsor to
be unqualified to participate in this Promotion or does not respond to
Sponsor’s correspondence within 90 days, the potential winning entrant
will be disqualified and a new potential winning entrant will be selected by
random drawing.

8.
REQUIRED DOCUMENTATION: The
potential winning entrant may be required to complete an Affidavit of
Eligibility and Release (“Affidavit”)
in accordance with the instructions listed in the notification correspondence.
Any entrant who fails or refuses to sign and return the required documentation
within the time period as specified by Sponsor will be disqualified. If a
potential winning entrant is considered a minor in the legal jurisdiction in
which the entrant resides, then that entrant’s parent or legal guardian may be
required to execute and return the Affidavit. Non-compliance with these
Official Rules or failure to return all required documentation by the stated
deadline or Sponsor’s inability to contact an entrant (using the contact
information provided in his or her registration) within a reasonable time
period, as determined in Sponsor’s sole discretion may result in
disqualification and the forfeiture of the prize.

9.
PUBLICITY: Except where prohibited, participation
in the Promotion constitutes entrant’s consent to Sponsor’s and its agents’ use
of the entrant’s name, likeness, photograph, voice, opinions, hometown, state
and any other information submitted to Sponsor by entrant for promotional
purposes, or on a winner’s list, if applicable, in any media, worldwide,
without further payment or compensation.

10. GENERAL
CONDITIONS:
Potential
winning entrants are subject to Sponsor’s verification. Sponsor’s decisions are
final and binding in all matters related to the Promotion. Potential winners
must comply with the Official Rules, and receipt of prizes is contingent upon
fulfilling all requirements. Sponsor is not responsible for technical, hardware
or software failures, malfunctions, lost or unavailable network connections or
failed, incomplete, garbled or delayed computer transmissions or unforeseen
schedule changes that may limit an entrant’s ability to participate in the
Promotion, even if caused by Sponsor’s negligence. Entries generated by script,
macro or other automated means or with the intent to impair the integrity of
the Promotion will be void. Sponsor has
the sole discretion to modify, cancel or suspend this Promotion should viruses,
bugs, unauthorized human intervention or other causes beyond Sponsor’s control
affect the administration, security or proper play of the Promotion or Sponsor
otherwise becomes incapable of running the Promotion as planned. Sponsor is not
responsible for changes to entrant’s contact information. Any individual who
attempts or otherwise encourages, directly or indirectly, the submission of
false entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any entrant
who tampers with the entry process. Sponsor has the sole discretion to
disqualify entrants who violate these Official Rules, tamper with the operation
of the Promotion or engage in any conduct that is deemed detrimental or unfair
to Sponsor, the Promotion or any other entrant.
Sponsor has no obligation to return any entry consideration, if
applicable, submitted by a disqualified entrant.

11. RELEASE:
As a condition of participating
in the Promotion, entrants release the Sponsor and its respective affiliates,
subsidiaries, parent corporations, advertising and promotional agencies, and
all of their officers, directors, shareholders, members, employees, and agents
(collectively, the “Promotion Entities”)
from liability, for loss, harm, damage, injury, cost or expense whatsoever
including property damage, personal injury and death that may occur in
connection with, preparation for, travel to, or participation in the Promotion,
or possession, acceptance or use of prizes or participation in any
Promotion-related activities and claims based on publicity rights, copyright or
trademark infringement, defamation or invasion of privacy and merchandise
delivery.

12. LIMITATION
OF LIABILITY:
The
Promotion Entities are not responsible for: any incorrect or inaccurate entry
information; human errors; technical malfunctions; lost, stolen, mutilated,
mis-delivered, postage due, illegible, incomplete or untimely entries that may
limit entrant’s ability to participate in the Promotion, even if caused by
Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects
of any telephone network, computer online system, computer equipment, servers,
providers, or software, including any injury or damage to entrant's or any
other person's computer relating to participation or inability to participate
in the Promotion; inability to access the Site or upload information or data;
theft, tampering, destruction, or unauthorized access to, or alteration of, entries;
data that is processed late or incorrectly or is incomplete or lost due to
telephone, computer, or electronic malfunction or traffic congestion on
telephone lines or the Internet or any website (including the Site) or for any
other reason whatsoever; printing or other errors; or any combination thereof.
Proof of uploading information or data or entering information at the Site is
not considered proof of delivery or receipt. Illegible, duplicate and
incomplete entries will be disqualified. False, fraudulent, or deceptive
entries or acts, as determined by Sponsor, render entrants ineligible and all
associated entries will be void.

13. COLLECTION
OF INFORMATION:
Information
collected in connection with the Promotion will be collected in accordance with
Sponsor’s Privacy Policy, available at https://mondayswimwear.com/pages/privacy-policy.
By participating in the Promotion, each entrant agrees to the terms of Sponsor’s
Privacy Policy.

14. GOVERNING
LAW:
All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of
entrants or Sponsor in connection with this Promotion are governed by and
construed in accordance with the laws of the State of California without giving
effect to any choice of law or conflict of law rules (whether of the State of
California or any other jurisdiction) that would cause the application of any
other state’s laws. Entrants hereby submit to the exclusive jurisdiction and
venue of the Federal and State Courts in San Francisco, California for the
purposes of any suit related to the Promotion and waive any claim that they are
not subject personally to the jurisdiction of said courts or that any such suit
or other proceeding is brought in an inconvenient forum or improper venue.

15. WINNER
LIST:
To obtain a
winner list by mail, send a stamped, self-addressed envelope to “AUSTRALIAN
SUMMER GIVEAWAY” Attn: MONDAY SWIMWEAR + 149 S
BARRINGTON AVE #432, LOS ANGELES, CALIFORNIA 90049, USA. Sponsor will send
requested winner lists within 4-6 weeks after all prizes are awarded. Requests
for the winner list must be received by 2 weeks after the prizes are
anticipated to be awarded.

16. SPONSOR: MONDAY
SWIMWEAR, LLC 149 S Barrington Avenue #432, Los Angeles, California 90049, USA.


Australia Terms
Terms and Conditions
By entering the “Monday Swimwear, Spell
Byron Bay, and Quay Australia Instagram Giveaway
”, you are agreeing to the
following terms and conditions:

1. STANDARD CONDITIONS

1.1. Information on how to enter and
prizes form part of these Conditions of Entry. Entry into this promotion is
deemed acceptance of these Conditions of Entry.

2. ELIGIBILITY – WHO CAN ENTER?

2.1. Entry is free and is open to all
individuals with a current Instagram account and follow the entry instructions
in these conditions.

2.2. Entrants under 18 years old must have
permission to enter the Promotion from their parent or guardian.

2.3. Employees and immediate families of
the Promoter and suppliers, providers and agencies associated with this
promotion are ineligible to enter. Immediate family means any of the following:
spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or
by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt,
niece, nephew, brother, sister, step-brother, step-sister or first cousin.

3. HOW TO ENTER

3.1. The promotion commences 26th January,
2018 at 12:00am AEDT and concludes 31st January, 2018 at 11:59pm AEDT) (“the Promotional
Period”).

3.2. The winners will be drawn on 1st
February 2018 at 12:00pm AEDT.

3.3. To enter the Promotion, the entrant
must:

3.3.1. Follow @MondaySwimwear (https://www.instagram.com/mondayswimwear), Spell Byron Bay @spell_byronbay (https://www.instagram.com/spell_byronbay) and @QuayAustralia (https://www.instagram.com/quayaustralia) on Instagram.

3.3.2. Go to https://mondayswimwear.com/pages/aus-giveaway and register your email to complete your
entry. Your completed entry must be received by 31st January 2018 at
11:59pm AEDT.

3.4. This competition is a game of
chance.

3.5. Entry is limited to 1 entry per person.
The authorized account holder of the email address submitted on https://mondayswimwear.com/pages/aus-giveaway to enter the Promotion is deemed to be the
entrant. The “authorized account holder” is the natural person assigned to an
email address by an internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain associated
with the submitted address. Each potential winner may be required to show proof
of being the authorized account holder.

3.6. The Promoter, its agents, affiliates or
representatives will not be liable for any lost, late or misdirected entries.





4. HOW TO WIN



4.1. Each entrant who has entered the competition over the Promotional
Period and registered their details in accordance with clauses 2 and 3 will
automatically go into the draw for the chance to win.

4.2. The winning entrant will be notified by email (with a request for further
contact details such as address and telephone number) following the draw
(within 24 hours).

4.3. Entrants can only enter in their own name. The Promoter, reserves the
right to request proof of residency at the stated address and identification
for verification (to the Promoter's satisfaction in its discretion) before
issuing the prize. Incomplete or incomprehensible entries will be deemed
invalid. The Promoter's decision to disqualify an entry is final and no
correspondence will be entered into. No responsibility will be taken for lost,
late or misdirected entries.

4.4. One entrant will be selected by random drawing on 1st February 2018 at 12:00pm AEDT.

4.5. Draw details: The competition draw will take place on the 1st
February 2018 at 1/40-44 Cook Street, Port Melbourne 3207, VIC. The prize
winner will be the first valid entry drawn at random.

4.6. Winner will be announced by 1st February 2018 12:30pm AEDT and
will be published on https://mondayswimwear.com/pages/aus-giveaway.



5. UNCLAIMED PRIZES

5.1. In the event that the prize winner is unable to be contacted
successfully or does not reply to the prize notification email, the Prize will
be forfeited and an alternate winner will be selected from all remaining
(non-winning) eligible entries.

5.2. If the prize remains unclaimed by 2 May 2018 (90 days from original draw date) the original winner
forfeits the prize and will be advised in writing. In this event, the Promoter
will conduct a second chance draw on 1
May 2018 at 12:00pm AEST and award the unclaimed prize to the first
drawn entry.

5.3. The winner of the second chance draw will be contacted via email (with a
request for further contact details such as address and telephone number)
following the draw (within 24 hours).
5.4. Winners of the unclaimed prize draw will be
announced on 2 May 2018 at 12:30pm AEST and will be published at https://mondayswimwear.com/pages/aus-giveaway.


6. PRIZE

6.1. There will be one (1) winner in
total.

6.2. Total prize pool value is RRP AUD $1,220

6.3. The winner will receive a gift pack
valued at RRP AUD $1,220 (USD $950):

6.3.1. 1 x Monday Swimwear voucher total
value RRP AUD $628 (USD $500)

6.3.2. 1 x Spell Byron Bay voucher - total
value RRP AUD $341 (USD $250)

6.3.3. 2 x Quay Australia voucher - total
value RRP AUD $251 (USD $200)

6.4. Taxes on the prize, if any, are
solely the responsibility of the winner. Entrants should consult a tax advisor
within their home jurisdiction should they have further questions.

6.5. Prize, or any unused portion of the
prize, is not transferable or exchangeable and cannot be taken as cash.



7. LIABLIITY

7.1. If for any reason this promotion is
not capable of running as planned because of infection by computer virus, bugs,
tampering, unauthorised intervention, technical failures or any other causes
beyond the control of the Promoter which corrupt or affect the administration,
security, fairness, integrity or proper conduct of this promotion, the Promoter
reserves the right in its sole discretion to cancel, terminate, modify or
suspend the promotion subject to any written directions under applicable
legislation. The Promoter also 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.

7.2. The Promoter is not responsible for
any problems or technical malfunction of any telephone network or lines,
computer on-line systems, servers, or providers, computer equipment, software,
technical problems or traffic congestion on the Internet or at any website, or
any combination thereof, including any injury or damage to participants or any
other person's computer related to or resulting from participation in or
downloading any materials in this promotion.

8. PRIVACY

8.1.
All entries and any copyright subsisting in the entries become and remain the
property of the Promoter.

8.2. Each entrant agrees, that the Promoters or its
agents may do the following:

a) transfer personal information confidentially to the
Promoters or other organisations that provide services in relation to this
promotion;

b) disclose personal information to State and Territory
lottery departments and/or;

c) publish the winners’ names as required under applicable
law.

8.3. In accepting the Prize, the Winner agrees to
participate and co-operate as required in all marketing activities relating to
the promotion, including but not limited to being interviewed and photographed.
The winner grants the Promoters a perpetual and non-exclusive license to use
such footage and photographs in all media worldwide and the winner will not be
entitled to any fee for such use.



9. THE PROMOTER

9.1. The Promoter is Quayeyeware Pty Ltd, 1/40-44 Cook
Street, Port Melbourne VIC 3207 AUSTRALIA. ABN 74
118 078 274.

9.2. This competition is in no way sponsored,
endorsed or administered by, or associated with, Instagram. Eligible persons
understand that they are providing their information to the Promoter and not to
Instagram. The information an Eligible Person provides will only be used for
the purposes outlined in these Conditions. Any questions, comments or
complaints about this Competition must be directed to the Promoter and not to
Instagram.



Authorised under NSW permit number: LTPS/18/21379


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