EGO Mother’s Day Competition 2020 Terms & Conditions

Promoter

The Promoter is Chervon Australia Pty Ltd, ABN: 36 165 077 501 Australia Pty Ltd Unit 14, 5 Kelletts Road VIC 3178.

Promotion Type

Game of skill. Chance plays no part in determining the winner.

Promotion Period

Promotion Period commences: 12.01am AEDT on 08/05/2020

Promotion Period concludes: 11.59pm AEDT on 14/05/2020

Eligible Entrants

The Promotion is only open to individuals aged 18 years or older who are residents of Australia who have a valid and current Facebook account (or who create a Facebook account during the Promotion Period), excluding management and employees of the Promoter, its associated companies/subsidiaries and agencies associated with this Promotion.

“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 submit an entry in the Promotion, an Eligible Entrant must, during the Promotion Period,

access www.facebook.com/egopowerplus.au (Facebook Page) from their Facebook account or Instagram account https://www.instagram.com/egopowerplus/?hl=en; and
in the comments section of the official post about the Promotion on the Facebook Page, “Promotion Question” – “Tell us why your mum deserves an EGO Power+ leaf blower for Mother’s Day”
By entering this competition, you agree to your details potentially being used to market to in the near future.

Eligible Entry:

Eligible Entrants may only enter the Promotion in their own name and from their own personal Facebook account.

Each Eligible Entry must be:

original; and
free of any claims, including copyright claims, by other parties.

Each Eligible Entry must not:

be offensive or be likely to cause offence to any person or group of persons;
infringe the rights (including intellectual property rights) of any person, whether as a result of being communicated to the public or otherwise;
promote or depict illegal or negligent activity;
be defamatory, obscene, pornographic, vulgar, or otherwise unlawful;
contain violent or sexual imagery;
include an image of a person or persons unless their consent has been obtained;
include minors unless their parent/guardian’s consent has been obtained;
except for publication as provided for in this Promotion, have previously been shown to the public or a substantial number of members of the public; and
in whole or in part, have been submitted as an entry in any other promotion.

If the same, or substantially the same, Eligible Entry is submitted in more than one entry, only the first Eligible Entry received will be accepted. If, in the Promoter's opinion, two (2) or more entries are the same, or are substantially the same, the Promoter may, in its absolute discretion, exclude one (1) or more of the Eligible Entrants who submitted those entries.

If an entrant deletes his or her entry from the Facebook Page, or deletes their Facebook account during the term of the Promotion, their entry/entries will be ineligible. It is the responsibility of the entrant to ensure that their entry/entries remain published for the duration of the Promotion.

Any costs associated with submitting an entry via Facebook is the entrant’s responsibility and are dependent on the internet service provider used.

The Promoter is not responsible for technical difficulties with the entry mechanisms and does not warrant that the entry mechanisms will be available at all times during the Promotion.

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 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 all entries submitted by that entrant invalid.

Entries are deemed to be received at the time recorded next to the relevant post on Facebook, not time of transmission by an entrant.

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.

Judging & Winner Announcement

Judging will take place at Chervon Australia, Unit 14, 5 Kelletts Road VIC 3178 (“Judging Location”) by a representative of the Promoter on 18/05/2020 (“Judging”).

Eligible Entries will be individually judged based on originality and creative merit of the Eligible Entrant’s answer to the Promotion Question. The Eligible Entrant whose Eligible Entry is deemed the most original and creative during the Judging by the representative of the Promoter, in their absolute discretion, will be awarded the prize. The judges’ decision will be final and no correspondence will be entered into.

The winner will be contacted via Facebook or email following the Judging on 18/05/2020.

Prize

The Prize is an EGO POWER+ Blower Kit (Model LB5302E) valued at $429 (including GST) each.

Winner Notification & Prize Delivery

The winner will be contacted via comment on their Eligible Entry (their Facebook post) and asked to directly message the EGO Power Plus Facebook account. The winner will need to provide their contact details (name, phone number and address) via private message in order to redeem their Prize. The Prize will be hand delivered to the winner.

It is the entrant’s responsibility to check the notifications on their Facebook account/s. If a winning Eligible Entrant does not respond to the Promoter’s notification on their Facebook account within seven (7) days, the Eligible Entrant who submitted the second best Eligible Entry (as judged by the representative of the Promoter) will be deemed the winner and will be contacted using their Facebook account. The Promoter takes no responsibility for a winning Eligible Entrant who does not respond during the designated time frame and consequently forfeits the Prize.

Entry Limit

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

Details above and the following clauses collectively form the terms and conditions of this Promotion ("Terms and Conditions").
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.
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.
Any values stated in these Terms and Conditions are in AUD/RRP/including GST.
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.
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.
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.
Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
The Promoter does not warrant that the entry mechanism will be available at all times during the Promotion Period.
The Promoter is not responsible for any undelivered emails due to an entrant’s spam filters or email settings.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
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.
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.
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.

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.
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.
Without limiting any other terms, each entrant agrees to indemnify the Promoter for any breach of the above terms.

To be eligible to participate in the Promotion, participants must follow and act in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at a https://www.facebook.com/legal/terms
The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. 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 Terms. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter and not to Facebook.

Immediately upon submission by an entrant, each entry becomes the sole property of the Promoter.
All information entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion and awarding the Prize.
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.
The Promoter's privacy policy can be found at http://egopowerplus.com.au/pages/privacy-policy
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

TERMS & CONDITIONS