Terms of Entry 

Item 1. Promoter: FrankieB Pty Ltd, ACN 144 790 321, 260 Moggill Road, Indooroopilly QLD 4068, info@frankie4.com.au,https://frankie4.com/, Instagram: @frankie4footwear, https://www.facebook.com/frankie4.footwear/ 

Item 2. Promotion Partner: Francesca Pty Ltd, ACN 600 515 017, of 90-92 Murray Street, Hobart TAS 7000. 

Item 3. Competition: Eternal Summer Launch Event Giveaway  

Item 4. Competition Period: The Competition commences at 12pm (AEST) on Thursday 29 August 2024 and ends at 11:59pm (AEST) on Wednesday 4 September 2024.  

Item 5. Age Restriction: 18 years and over.  

Item 6. Eligible Entrants: Entry is open to Australian residents who:  
a) Meet the Age Restriction; and 
b) Are not directors, management or employees of the Promoter and its related entities; and 
c) Are not immediate family members of directors, management or employees of the Promoter and its related entities; and 
d) Are opted-in to receive email marketing from FRANKIE4 at the time of the Prize Draw; and 
e) Are opted-in to receive email marketing from Francesca at the time of the Prize Draw; and
f) Complete all the requirements outlined in Item 7. Entry Method; and
g) Are able to attend FRANKIE4’s Eternal Summer Launch Event (12–3pm on Thursday 12th September 2024, at Howard Smith Wharves in Brisbane, Australia). Transport, accommodation, and any other travel costs are not included within the Prize. The Promoter and Promotion Partner are in no way responsible for the costs associated with attendance of the event.  

Item 7. Maximum Number of Entries: Ten (10) per person, consisting of one (1) form entry plus nine (9) referral entries.   

Item 8. Entry Method: During the Competition Period, visit https://frankie4.com/pages/eternal-summer-launch-event-giveaway and fully complete the online entry form, including full name, email address, birthday, opt-in to email marketing from both the Promoter and Promotion Partner, and acceptance of the Terms and Conditions. 

Item 9. Notification: Winners will be notified by email within 2 days. Winners will have 3 months to claim the Prize.   

Item 10. Prize:  

Major Prize—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) + one (1) $500AUD Francesca Jewellery Gift Card (valid until 30/09/2024). 

Minor Prize 1—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 2—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 3—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 4—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 5—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 6—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 7—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 8—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value) 

Minor Prize 9—2 x tickets to FRANKIE4’s Eternal Summer Launch Event (12–3pm on 12/09/2024, at Howard Smith Wharves in Brisbane – no monetary value)

Item 11. Prize Draw: Ten (10) draws drawn at random by the Promoter at Office 1/1 Swann Road, Taringa QLD 4068, with one (1) Winner per draw. The first valid entry drawn will be the Winner of the Major Prize, and the second and following eight (8) valid entries drawn will be the winners of the Minor Prizes.  

Item 12. Draw Date:  

Draw 1—10am (AEST) on Thursday 5 September 2024 

Draw 2—10am (AEST) on Thursday 5 September 2024 

Draw 3—10am (AEST) on Thursday 5 September 2024 

Draw 4—10am (AEST) on Thursday 5 September 2024 

Draw 5—10am (AEST) on Thursday 5 September 2024 

Draw 6—10am (AEST) on Thursday 5 September 2024 

Draw 7—10am (AEST) on Thursday 5 September 2024 

Draw 8—10am (AEST) on Thursday 5 September 2024 

Draw 9—10am (AEST) on Thursday 5 September 2024 

Draw 10—10am (AEST) on Thursday 5 September 2024 

Item 13. Unclaimed Prize Draw: If the Major Prize remains unclaimed 3 months after the Draw Date, an unclaimed Prize Draw will be held at Office 1/1 Swann Road, Taringa QLD 4068, at 10am on Monday 9 September 2024 (AEST), subject to the approval of any necessary regulatory authority. As the tickets of the Prize will be expired, this cannot be re-issued as part of the Major Prize and will be forfeited. The Winner of the Unclaimed Prize Draw will be notified in the same manner as set out in Item 9.  

If a Minor Prize remains unclaimed 7 days after the Draw Date, as the Prize will be expired, the Prize will be forfeited, and no new Winners will be drawn.  

  

Terms and Conditions  

1. Agreement 

1.1 General  

1. a) These Terms of Entry (Terms), comprising the Schedule and these Terms and Conditions:  
2. i) apply to the Competition being run by the Promoter; and   
3. ii) form the basis of the legally binding agreement between you (you, entrant) and the Promoter.  
4. b) By entering this Competition, you acknowledge that you have read and understood these Terms, and you agree to be bound by these Terms.  If you do not agree to these Terms, you must not enter the Competition.  
5. c) Not withstanding anything in these Terms, the Promoter may in its absolute discretion:  
6. i) refuse to award any Prize to an entrant who fails or is unable to comply with these Terms; and  
7. ii) make reasonable amendments to any aspect of the Competition or the Terms of Entry from time to time, subject to applicable laws.   
8. Competition Details  

2.1 Who can enter   

1. a) Entry to the Competition is open to Eligible Entrants, who may submit up to the Maximum Number of Entries during the Competition Period.  Entries received after the Competition Period will be deemed  
2. b) To confirm your eligibility, the Promoter may request you to provide verification information or documents, including (but not limited to) proof of identity, proof of age, proof of residency and verification of your social media profile.  In the even that you cannot provide the requested documents, you may be deemed to be ineligible for the Competition.   
3. c) Entry into the Competition is free. However, you may need to pay for internet access to submit your entry.   

2.2 How to enter   

1. a) To enter the Competition, you must follow the Entry Method and enter the Competition in your own name. No other form of entry is permitted.   
2. b) Once an entry is submitted, you acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).  
3. c) Entries will be accepted at the discretion of the Promoter, who will exercise its judgement in ruling on questions of eligibility.  The ruling of the Promoter on questions of eligibility will be final, and no further correspondence will be entered into.   
4. d) The Promoter accepts no responsibility for late, lost or misdirected entries of other communications.  Entries will be deemed void if they are found to be illegitimate, forged, manipulated or tampered with in any way.  
5. Prize  
6. a) The Prizes are specified at Item
7. b) If any Prize is unavailable for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of the same values.    
8. c) All taxes (excluding GST) which may be payable as a consequence of receiving the Prize, are the sole responsibility of the Winner.  
9. d) If you wish to transfer the Prize to another person, please contact us using the contact details in the Schedule.   
10. Prize Draw  
11. a) All valid entries will be included in the Prize Draw.  
12. b) The winning Eligible Entrant of each Prize Draw (Winner) will win the Prize for that Prize Draw.  
13. c) Each Winner will be notified in accordance with the Notification specified in the Schedule.   
14. d) The Promoter will make reasonable efforts to identify and locate the Winners.  However, if any Prize remains unclaimed within 3 months after the Prize Draw Date, the Promoter may hold an Unclaimed Prize Draw as outlined in Item 13. 
15. Use of personal information   
16. a) The Promoter collects personal information from each entrant to conduct and promote the Competition (Permitted Purpose) and may for this purpose:  
17. i) send electronic messages to or telephone the Winner;  
18. ii) disclose such information to Australian regulatory authorities as required;  

iii) disclose such information to State and Territory lottery departments or authorities as required;   

1. iv) publish a Winner’s personal information on any media as required under the relevant lottery legislation; and  
2. v) promote, publicise and market the Competition and the Promoter’s business.  
3. b) Types of personal information collected include your:  
4. i) name;   
5. ii) email address; 

iii) mobile number;    

1. iv) birthday; 
2. v) likeness and image;
3. vi) postcode. 

If you need to access, change or update your personal information, you can contact us via the details in the Schedule.   

1. c) You consent to the Promoter using your name, likeness, image or voice (or a combination of these) in the event you are a Winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed or supplied (or both) by the Promoter.  
2. d) If you do not agree to your personal information being collected and used for the Permitted Purpose, you cannot participate in the Competition.  
3. e) For further information about how the Promoter handles personal information, please see the Promoter’s privacy policy located at https://frankie4.com/pages/terms-privacy-policy.  
4. Liability  
5. a) Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:  
6. i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);  
7. ii) any theft, unauthorised access, or third party interference;  

iii) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;   

1. iv) issues with communications networks or internet services, whether due to traffic congestion, technical malfunction or otherwise;  
2. v) any variation in Prize value to that stated in these Terms, where such variation is outside the reasonable control of the Promoter;  
3. vi) any tax liability incurred by a Winner or entrant; or  

vii) use of the Prize by a Winner, or any condition imposed on use of the Prize by any third party.  

1. b) Subject to clauses 6(a) and 6(b), any liability of the Promoter in connection with the Competition or accepting or using any Prize is limited to an amount equal to the value of one Prize offered in the Competition.  
2. Dispute Resolution  
3. a) Neither party may commence court proceedings concerning any dispute between the parties arising out of or in relation to this agreement (Dispute), unless the party starting the proceedings has complied with this clause 7.  
4. b) A party claiming that a Dispute has arisen must notify the other party in writing, specifying the nature of the dispute (Dispute Notice).  
5. c) Following the Dispute Notice being given, each party’s authorised representative must endeavour in good faith to resolve the dispute within 14 days.  
6. d) If the Dispute is not resolved within 14 days of the Dispute Notice being given, the parties may commence court proceedings.  
7. General  

8.1 Governing Law   

These Terms are governed by the laws of Queensland, Australia. Each entrant submits to the exclusive jurisdiction of the courts of Queensland, Australia.   

8.2 Force Majeure   

If for any reason this Competition is not capable of running as planned (whether caused by epidemic, pandemic, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or terrorism, infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Competition), the Promoter reserves the right in its sole discretion and subject to any written direction given by a relevant regulatory authority, to cancel, terminate, modify or suspend the Competition, invalidate any affected entries, or provide an alternative prize to the same value as the original Prize, and no compensation will be payable to any Eligible Entrant.   

8.3 Severability   

1. a) A clause or part of a clause of this document that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.  
2. b) If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.  

8.4 No waiver   

Failure by the Promoter to enforce any of its rights under these Terms does not constitute a waiver of those rights.   

8.5 Interpretation   

In these Terms:   

1. a) terms defined in the Schedule have that meaning;  
2. b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;  
3. c) a reference to a document or agreement (including a reference to this agreement) is to that document or agreement as amended, supplemented, varied or replaced;  
4. d) unless expressly stated otherwise, a reference to '$' or 'dollar' is to Australian currency; and  
5. e) the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as', or 'for example' (or similar phrases) do not limit what else might be included.