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TERMS & CONDITIONS

EGO EDM Customer Survey Competition

Promoter

Australia: Chervon Australia Pty Ltd (ABN 36 165 077 501), Unit 14, 5 Kelletts Road, Rowville, VIC 3178.

New Zealand: Chervon Subsidiary Limited (NZBN 9429049277616), 4th Floor, Smith & Caughey Building, 253 Queen Street, Auckland, 1141, New Zealand.

Promotion Period

The promotion commences at 9:00 AM AEDT on 11th November 2024 and closes at 6:00 PM AEDT on 10th December 2024 (“Promotion Period”).

Eligible Entrants

Entry is open to residents of Australia and New Zealand aged 18 years and over. Employees (and their immediate families) of the Promoter, its associated agencies, and Chervon Australia and New Zealand are ineligible to enter.

“Employees” means any directors, management, employees, concessionaires, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment.

The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

How to Participate

To enter, participants must complete the survey available here during the Promotion Period. Only one entry per person is permitted. Multiple entries from the same person will be deemed invalid.

Required Verification

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 participate in the Promotion and claim a prize and compliance with these Terms and Conditions.

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 invalid.

A prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.

Prize Draw

The winners will be drawn randomly on 12 December 2024 at 9:30AM in Melbourne Vic.

Prize

There are 20 prizes to be won, each consisting of an EGO Power Plus Nexus Escape Kit valued at AUD $329 for Australian residents and NZD $379 for New Zealand residents. The total prize pool value is AUD $6,580. Prizes are not transferable, exchangeable, or redeemable for cash

Winner Notification & Prize Delivery

The winners will be notified personally via email within two (2) business days of the draw. If a winner cannot be contacted or does not claim their prize within 14 days, the Promoter reserves the right to redraw the prize.

Entry Limit

Eligible Entrants may submit a limit of one (1) entry in the Promotion.

GENERAL CONDITIONS

  1. Details above and the following clauses collectively form the terms and conditions of this Promotion ("Terms and Conditions").
  2. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. Participation in this Promotion is deemed acceptance of these Terms and Conditions. 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 these Terms and Conditions generally.
  3. The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who participates. No correspondence will be entered into.
  4. Any values stated in these Terms and Conditions are in AUD/RRP/including GST.
  5. Entrants can only participate in the Promotion in their own name. Entrants who enter using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be disqualified.
  6. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Payment of the prize value to the Promoter may be required by the Promoter if this occurs.
  7. Incomplete, indecipherable or incorrect entries will be deemed invalid. Entrants are responsible for ensuring their correct personal details are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should an entrant fail to receive/claim their prize because of a failure to notify the Promoter of correct details or of a change to their details, or for providing invalid information.
  8. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
  9. The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.
  10. The Promoter is not responsible for any undelivered emails due to an entrant’s spam filters or email settings.
  11. The Promoter shall not be liable for a prize (or component of a prize) being lost, deleted, stolen, damaged or tampered with in any way before it reaches an entrant or after it has been released to an entrant.
  12. 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.
  13. Any costs associated with accessing the Promotion or a prize provider’s website, or associated with redeeming a prize are the entrant’s responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entry manually using a compatible internet browser. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically submit entries in the Promotion repeatedly is prohibited and will render all entries submitted using such means invalid.
  14. The Promoter may, in its sole discretion, declare any entry or entrant invalid if the entrant:
    1. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion;
    2. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or
    3. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
  15. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to any directions from any relevant authority.
  16. As a condition of claiming a prize, the entrant may be required to (at the Promoter’s discretion) sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion.
  17. The Promoter may communicate or advertise this Promotion via Facebook. However, the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
  18. The prize must be taken as offered and may not be varied. The prize is not transferable, exchangeable or redeemable for cash. If a prize (or prize component) is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize (or prize component).
  19. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability/implications incurred by an entrant; or (f) use of a prize.
  20. The:
    1. Promoter, the Promoter's related entities and all agencies associated with the Promotion; and
    2. the employees, agents, directors and contractors, of all entities referred to in this clause,
    shall not be liable for any loss or entry, 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 acceptance of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
  21. Each entrant grants the Promoter an irrevocable, worldwide and perpetual licence to use any content of an entry submitted in the Promotion in any manner and for any purpose at its absolute discretion, including using the entries for future Promoter’s promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of any submitted entry.
  22. Entrants must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to winning a prize in the Promotion, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
  23. 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 refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.

CONTENT

  1. When an entrant submits any materials in the Promotion including photographs and text (Content), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Further, by entering the Promotion, each entrant understands that the Promoter, from the time of entry, assumes ownership of the picture/photograph submitted by the entrant.
  2. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the fullest extent permitted by law. Entrants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 13, or otherwise unsuitable for publication;
    2. they will obtain prior consent from any party that appears in their Content;
    3. they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
    4. their Content shall not contain viruses or cause injury or harm to any person or entity; and
    5. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  3. Without limiting any other terms, each entrant agrees to indemnify the Promoter for any breach of the above terms.

PERSONAL INFORMATION

  1. Immediately upon submission by an entrant, each entry becomes the sole property of the Promoter.
  2. All information entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and awarding the Prize.
  3. 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.
  4. The Promoter's privacy policy can be found at http://egopowerplus.com.au/pages/privacy-policy
  5. The Privacy Policy contains information on:
    1. how an entrant may access the Personal Information that is held by the Promoter and seek correction of such information; and
    2. how an entrant may complain about a breach of the Australian Privacy Principles, or a registered privacy code that binds the Promoter, and how the Promoter will deal with such a complaint.
    If an entrant has any questions regarding their privacy, they should contact the Promoter using the contact details contained in the Privacy Policy - http://egopowerplus.com.au/pages/privacy-policy