BLANCO 12 DAYS OF CHRISTMAS PROMOTION ... - Blanco Australia

1 downloads 155 Views 46KB Size Report
Dec 24, 2014 - grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin of th
BLANCO 12 DAYS OF CHRISTMAS PROMOTION TERMS AND CONDITIONS 1. Instructions on how to claim and the offer form part of these terms and conditions ("Terms and Conditions"). Participation in this “BLANCO 12 Days of Christmas Promotion” (“Promotion”) is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer. 2. The promoter is SHRIRO AUSTRALIA PTY LTD ABN 28 002 386 129 of 104 Vanessa St, Kingsgrove NSW 2208 (“Promoter” or "Blanco"). 3. The Promotion commences at 9:00am (AEDT) on Saturday, 13 December 2014 and ends at 11:59pm (AEDT) on Thursday, 24 December 2014 (“Promotional Period”). 4. Between 9:00am (AEDT) and 11:59pm (AEDT) of each calendar day of the Promotional Period (each a "Day"), entrants are offered the opportunity to win a prize that will be revealed each Day on the official Blanco Australia Facebook page, www.facebook.com/blancoau (“Facebook Page”) at the same time that the Post (defined below) for the corresponding Day is revealed, being 9:00am (AEDT) (each, a “Prize”). There will be one (1) Prize awarded each Day and there are 12 Prizes in total, with a total value of $15,000 based on the total recommended retail prices of the Prizes. 5. To be eligible to participate in the Promotion, an entrant must, during a Day: 1. a) be a natural person (and not a company, business, trust or any other organisation of any description) and be an Australian resident with an Australian residential address and not an employee of the Promoter, of any participating agency associated with this Promotion, or a spouse, ex-spouse, de-facto spouse, child or step child (whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin of the same; 2. b) hold a Facebook account, being an account established on www.facebook.com, in their personal name and capacity, and which "follows" the Facebook Page; 3. c) visit the Facebook Page and locate the Promoter’s post for the Promotion for the corresponding Day, which will "pinned" to the top of the Facebook Page and which will either: i. request an answer in 25 words or fewer to a question corresponding to that Day as determined by the Promoter in its sole discretion; or ii. request that a photo be uploaded in response to the corresponding Day, (“Post”); 4. d) respond to the Post by commenting on the Post or submitting a photo in response to the Post, in accordance with the instructions of the Post, and at all times respectfully, inoffensively and appropriately, with original words or an image (as applicable) that are/is the entrant's own and which do not include [5932286: 13908349_2]

any third-party intellectual property or for which moral rights are not attributable to any third-party; and

e) follow any other reasonable directions provided by Blanco representatives and/or the Facebook Page in relation to the entry process, (“Eligible Entry”). 6. Any entry which is not posted as a comment to the Post will be not be an Eligible Entry. 7. Only one (1) entry is permitted per person per Day, which will be determined by the Promoter using information available to the Promoter through the Promoter's Facebook account. If an entrant responds to a Post more than once in a Day (irrespective of whether deliberately or by mistake) only the entrant's first response to the Post will be an Eligible Entry (subject to compliance with clause 5) and all following entries made by the entrant on that Day will be void. For clarity, an entrant may enter the Promotion multiple times so long as only one entry is made per Day. 8. The time of entry will, in each case, be the time the entrant’s comment is registered on the Promoter's Facebook Page. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason. 9. All Eligible Entries for each Day will be reviewed the following business day by a panel of judges comprising employees of the Promoter and/or an agency commissioned by the Promoter at 104 Vanessa St, Kingsgrove NSW 2208. The entrant who is judged to have submitted the most creative and unique Eligible Entry in respect of a Day's Post, as determined by the Promoter's panel of judges in its absolute discretion, will win the Prize for that Day (“Winner”). 10. The value of each Prize is correct as at 10 December 2014 and the Promoter accepts no responsibility for any variation in Prize value. 11. Within one (1) business day of the selection of each Winner in accordance with clause 9, each Winner will be contacted via a tag from the Promoter on the Winner's winning response to the Post, which will request that the Winner contact the Promoter by sending a private Facebook message to the Promoter. Once the Winner contacts the Promoter with a private Facebook message, the Promoter may reasonably request further contact information and proof of identity from the Winner. 12. If a Winner is not contactable (including failing to send the Promoter a Facebook private message in response to the Promoter's tag on the Winner's winning response to the relevant Post) by 5:00pm (AEDT) is unable to satisfy these Terms and Conditions, or forfeits or fails to accept their Prize by 5:00pm (AEDT) on Monday, 12 January 2015, then they will be deemed to have forfeited their entitlement to their Prize. In those circumstances, a panel of judges comprising employees of the Promoter and/or an agency commissioned by the Promoter will, in its absolute discretion, select the next most creative and unique Eligible Entry from the Eligible Entries made during the relevant Day (“Second Chance Winner”). A Second Chance Winner will be contacted within two (2) business days of their selection via a tag from the Promoter on the Second Chance Winner's winning response to the relevant Post, which will request that the Second Chance Winner contact the Promoter with a private Facebook message. Once the Second Chance Winner contacts the Promoter with a private Facebook message, the Promoter may

[5932286: 13908349_2]

reasonably request further contact information and proof of identity from the Second Chance Winner. The Promoter reserves the right to select another winner in the event that a Second Chance Winner is not contactable (including failing to send a private Facebook message to the Promoter) within seven (7) days of the Promoter tagging the Second Chance Winner's winning response to the relevant Post, is unable to satisfy these Terms and Conditions, or forfeits or fails to accept their Prize within seven (7) days of the Promoter tagging the Second Chance Winner's winning response to the relevant Post. These Terms and Conditions apply to a Second Chance Winner as if they were a Winner. 13. The Promoter will publish the names of the Winners (as each name appears on each Winner's personal Facebook account) on the Promoter's Facebook Page within seven (7) days of all Winners claiming their Prize. 14. It is the responsibility of each Winner or Second Chance Winner (if any) to provide their correct mailing address and personal information in order to receive their Prize. The Promoter will only deliver Prizes to Australian addresses and will arrange for delivery within thirty (30) days of contact from the Winner or Second Chance Winner (if any). Delivery of heavy items may take longer. Prizes will only be delivered on weekdays which are not public holidays and each Winner or Second Chance Winner (if any) must allow a four (4) hour period or "window" in which delivery will occur. 15. If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute that Prize with a prize to the equal or greater value and/or specification. 16. Each Prize is not transferable or exchangeable and is not redeemable for cash. 17. The entrant is responsible for all ancillary costs associated with each Prize, including but not limited to costs in connection with accessories, network services of any description such as data, telephone or television services or installation costs. 18. The Promotion may be extended at the Promoter’s absolute discretion. 19. The Promoter reserves the right, at any time, to verify the validity of claims and entrants (including an entrant’s identity and places of residence and employment) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. The Promoter’s decision is final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 20. 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 (a) to disqualify any entrant from a specific Day or Days, or from the Promotion in its entirety; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate. 21. Subject to clause 22, each entrant releases the Promoter and Facebook, Inc. (including their respective officers, employees and agents) from 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

[5932286: 13908349_2]

receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant; or (f) use of a Prize. 22. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's liability for breach of such a condition, warranty, other term or guarantee is limited to (at the Promoter's election) to the extent it is able to do so: (a) in the case of supply of goods, the Promoter doing any one or more of the following: (i) replacing the goods or supplying equivalent goods (ii) repairing the goods (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Promoter doing either or both of the following; (i) supply the services again; and/or (ii) paying the cost of having the services supplied again. 23. The Promoter may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Validity of a claim and the Promoter’s ability to deliver the Prize to the Winner is conditional on providing this information. All entrants consent to their personal information being collected and stored for the purposes of administering the Promotion in accordance with the Promoter's privacy policy available at www.blanco-australia.com which forms part of these Terms and Conditions. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update, correct information or to opt out of receiving marketing material to the Promoter. 24. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. By participating in this Promotion you are providing information to the Promoter and not to Facebook, Inc. Consumer promotion support is available at: Web: https://www.facebook.com/blancoau Phone: (02) 9415 5000