FORMICA KMIX KETTLE AND TOASTER GIVEAWAY PROMOTION - TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. This promotion is being run by Laminex Group Pty Limited, 90-94 Tram Rd, Doncaster, VIC, 3108 (ABN 98 004 093 092) (the “Promoter”).
3. Entry is only open to Australian residents aged 18 years or over. Individuals must have a Facebook account in order to access the Promotional Page.
4. Entry is not open to employees (and their immediate families) of the Promoter, companies and agencies, agencies associated with the Promoter and/or this promotion, and prize suppliers. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. The promotion commences at 2:00pm AEST on Wednesday 6 August and closes at 5:00pm AEST on Wednesday 27 August 2014 (“Promotional Period”).
6. To enter, individuals must complete the following steps during the Promotional Period:
a) visit Laminex Australia’s Facebook Page at
www.facebook.com/TheLaminexGroupAU (“Promotional Page”);
b) become a fan of the Promotional Page by clicking the ‘like’ button (if not an existing fan of the Promotional Page);
c) follow the prompts to the promotion entry page;
d) input the requested details (including their full name, valid email address and phone number) and an answer to the promotional question ‘In 50 words or less, what’s your favourite colour in the Formica range and why?; and
e) submit the fully completed entry form so it is received by 5:00pm AEST on Wednesday 27 August 2014
7. Each entrant warrants that each entry submitted is the original literary work of the entrant that does not infringe on the rights of any third party. Entries must also comply with the Content submission conditions as outlined in clauses 22 and 23 below. Entries that are considered of an offensive or inappropriate nature will be rejected.
8. Incomplete or indecipherable entries will be deemed invalid.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
10. Limit of one (1) entry per Facebook account and email address over the Promotional Period. Multiple entries will not be honoured. For the sake of clarity, in the event that multiple entries are received from the same Facebook account or email address, ALL entries received from that Facebook account or email address will be deemed invalid.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. This is a game of skill and chance plays no part in determining the Winners (defined below). Each entry will be individually judged based on the originality, and the literary and creative merit of the answer provided to the promotional question. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
13. There will be four (4) winners for this promotion. The best four (4) valid entries received during the Promotional Period, as determined by the judges in accordance with the judging criteria in clause 12, will be deemed a winner (“Winner”). Winners will be announced on the Promotional Page on 2 September 2014 and they will be notified by phone or email (as determined by the Promoter).
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The Promoter reserves the right to request each Winner to provide proof of identity, prior to distribution of the prize. The verification required is at the sole discretion of the Promoter and if these requirements cannot be satisfied, the Winner will forfeit the prize in whole and no substitute will be offered or compensation paid.
16. Each Winner will receive a prize pack valued at $199.99, consisting of one (1) x Kenwood kMix Jug Kettle and (1) x Kenwood kMix 2-Slice Toaster.
17. The total prize pool is $799.96.
18. The Promoter, associated agencies and companies associated with this promotion, will take no responsibility for the prize if it is damaged or lost in transit.
19. If for any reason a Winner does not take a prize at/by the time stipulated by the Promoter, then the prize will be forfeited.
20. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
21. Prizes are not transferable or exchangeable and cannot be taken as cash.
22. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) 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 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) 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.
23. As a condition of entering this promotion, each entrant 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
25. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the Promotional Page is the entrant’s responsibility and is dependent on the Internet service provider used.
27. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Winner or entrant; or (f) taking and/or use of a prize.
29. As a condition of accepting a prize, each Winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
30. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
31. This 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 an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
32. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, available at
www.thelaminexgroup.com.au. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
Australian Competitions Club
