- Information on How to Enter and Prize information form part of these Conditions of Entry (Conditions of Entry).
- Entry into the promotion is deemed acceptance of these Conditions of Entry.
- The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.
- All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded the Prize to the ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
- The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
The Promoter is:
Chervon Australia Pty Ltd, ABN: 36165077501 Australia Pty Ltd Unit 13, 1488 Ferntree Gully Road VIC 3180 (Promoter).
- The Promotion will commence 12:01am AEDT on 9/12/2016 and end 11:59pm AEDT on 18/12/2016 (Promotion Period).
- Entry in the Promotion is only open to Australian residents aged 18 years and over, who have a valid and current Facebook account (or who create a Facebook account during the Promotion Period), excluding:
- management, employees, directors and contractors of the Promoter, its related entities, the Participating Outlets and other agencies, firms or companies associated with the Promotion (including suppliers of the Prize);
- a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 9(a) of these Conditions of Entry;
- persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,
(Eligible Entrants). The persons referred to in paragraph 9(b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO ENTER
- To enter and be eligible to win, Eligible Entrants must, during the Promotion Period, Tell us 'How do you get your garden ready for the festive season?' and complete their entry in accordance with these Conditions of Entry (Eligible Entry).
- Entry is via the Internet.
- Eligible Entrants can complete their Eligible Entry during the Promotion Period by:
- Visiting www.facebook.com/egopowerplus.au (Facebook Page);
- following the links to the Promotion App (Online Entry Site); and
- fully completing and submitting the online Promotion entry on the Online Entry Site (Online Entry Form) including:
- telling us 'How do you get your garden ready for the festive season?' .
- Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser.
- The Promoter is not responsible for technical difficulties with the entry mechanism.
- The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means as invalid.
- Incomplete, illegible, indecipherable or incorrect entries, or which contain offensive or defamatory comments are not eligible to win.
- Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
- If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion:
- appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the Prize and compliance with these Conditions of Entry; and
- their Proof of Purchase that corresponds to the entry they submitted in the Promotion.
- If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry submitted by the entrant will be deemed as invalid.
- The Prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. In the event that the Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit the Prize and no substitute will be offered.
- All costs associated or arising in connection with the Prize are the responsibility of the Prize winner
- In order to claim the Prize, the Prize winner will be required to sign a Promotion Participation Agreement on terms determined by the Promoter, including:
- confirming their eligibility to enter the Promotion and compliance with these Conditions of Entry; and
- providing a release and indemnity in favour of the Promoter in respect of their participation in the Promotion and the Prize.
WINNER DETERMINATION AND PRIZE INFORMATION
- Judging will occur by 10:00am AEDT 20/12/2016 at Noisy Beast, Level 1, 4/29 Cromwell St, Collingwood, Victoria 3066 (Judging).
- Judging will be conducted by two (2) or more representatives of the Promoter. All Eligible Entries received in the Promotion will be assessed in the judging process. This is a game of skill only and chance plays no part in determining the winner. Each Eligible Entry will be judged on its originality and creativity. The top 5 highest ranked entries will win the Prize as detailed in paragraph 23. The Judges’ decision will be final and no correspondence will be entered into.
- The Prize is 1 x LB5302E EGO Power Plus Blower KIT valued at $379 RRP Australian Dollars.
- Prizes will be delivered to each winner before Jan 31 2017
- In the event that for any reason a Prize 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 Prize winner and cash will not be supplied in lieu of that element of the Prize.
- All costs associated or arising in connection with the Prize are the responsibility of the Prize winners.
- Participation in the Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the Prize (Third Party Terms).
The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize is obtained through any of these methods, it will not be honored.
NOTIFICATION OF PRIZE WINNER's
- The Prize winners will be:
- notified by phone and in writing; and
(b) celebrated at www.facebook.com.au/egopowerplus.au from 21/12/2016.
- Eligible Entrants may enter the Promotion multiple times, however entries must differ.
- Eligible Entrants may only enter the Promotion from their own Facebook account.
- If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.
- The Promoter accepts no responsibility for any variation in the value of the Prize from the time of printing Promotion materials.
- The Promoter shall not be liable for the Prize being lost, stolen, damaged or tampered with in any way before they reach the winner or after they have been released to the winner.
- If the Promoter is unable to provide the winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated Prize.
- The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.
- If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion.
- Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
(a) Promoter, the Promoter's related entities, the Participating Outlets and all agencies associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph 38(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
- The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prize.
- The Prize winner must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
- All entries become the sole property of the Promoter.
- All information Entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.
- The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.
- Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above. Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter. All Personal Information will be securely stored by the Promoter.
- The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
- There is no association or endorsement or sponsorship arrangement between the Promoter and Facebook Inc. Participation in the Promotion is dependent on all participants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at https://www.facebook.com/legal/terms
- Entrants understand that they are providing their information to the Promoter and not to Facebook. The information entrants provide will only be used in accordance with these Conditions of Entry. Any questions, comments or complaints regarding this promotion must be directed to the Promoter and not to Facebook.