https://www.facebook.com/TheLaminexGroupAU?sk=app_143103275748075&ref=ts
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CONDITIONS OF ENTRY - LAMINEX WIN A KITCHEN PROMOTION ("PROMOTION")
*PLEASE NOTE THE DATES FOR PHASE 2 AND 3 HAVE BEEN REVISED
TERMS AND CONDITIONS1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Phase 1 is only open to Australian residents aged 18 years or over who own an Australian home and can take the major prize. Phase 2 and 3 are open to Australian residents. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.
3. The promotion is made up of three (3) phases, namely Phase 1, Phase 2 and Phase 3. All times and dates throughout these Terms and Conditions will be based on AEST or AEDST, depending upon the date.
Phase 1
4. Phase 1 will be used to determine the winner of the major prize. Phase 1 commences on 26/3/2015 and ends at 5pm on 23/4/2015 (“Phase 1 Period”).
5. To enter, individuals must, during the Phase 1 Period, visit the Laminex Australia Facebook page at www.facebook.com/TheLaminexGroupAU, follow the prompts to the entry page, input the requested details including but not limited to their full name, valid email address, contact telephone number, full street address and a 50 words or less answer to the following question “Why does your kitchen need an unexpectedly brilliant finish?” Individuals will also be required to upload a colour image of their kitchen, as well as provide the room dimensions, i.e. width, length and height in millimetres.
6. Only one entry permitted per household in Phase1.
7. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit and originality of the answer provided to the question. The Promoter will then select the three best entries (“the Finalists”). 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 Finalist. The Finalists will be notified by telephone. If the Finalist cannot be contacted after 5 attempts, they will be deemed invalid and the Promoter may select a reserve as a new Finalist. The Promoter will ask a series of questions of those Finalists it contacts to determine who the Promoter feels is most deserving of the major prize and is willing to accept it as offered, and execute the participation agreement. That Finalist will then be deemed the winner. In order to be eligible to receive the prize, the winner must sign the participation agreement in a form determined by the Promoter.
8. The major prize is the Laminex makeover for their interior kitchen to the value of up to $20,000 (including GST). The major prize includes: (a) a selection of Laminex branded products (not including Formica or essastone) and must include a Laminex laminate or acrylic benchtop; (b) delivery and installation of the Laminex products; and (c) design consultation. The winner acknowledges and agrees that colour of the Laminex products used in the makeover will be determined through the promotion via members of the public. The Promoter may in its absolute discretion allow minor variations. Through industry partnerships the Promoter, in its absolute discretion, may provide additional fittings, accessories and appliances to enhance the winner’s space.
9. The Promoter will select trades people for the installation of the Laminex product. The major prize will be subject to all relevant permits and approvals as may be required, including without limitation, by government authorities, local councils, strata and body corporate organisations or building associations. The winner will be responsible for obtaining any requisite approvals. The Promoter will not be held responsible if the prize cannot be awarded for any reason beyond its control, including the failure to obtain requisite approvals. The prize may be subject to a building contract, which the winner must enter with the trade person. Any disputes in regards to the construction of the prize will be resolved subject to the terms of the relevant State or Territory building contract or building association.
10. Any ancillary costs associated with redeeming the major prize are not included. Any unused balance of the major prize (or any part of the major prize) will not be awarded as cash. The major prize must be taken at a time nominated to the winner after the conclusion of Phase 3, which subject to obtaining approvals must be within 6 months of the conclusion of Phase 3.
11. The winner will be required to undertake a design consultation with the Promoter prior to the commencement of Phase 2. Phase 212. Phase 2 will be used to determine the colour palate for the laminate used in design of the major prize. Phase 2 commences on 4/6/2015
and ends at 5pm on 2/7/2015 (“Phase 2 Period”).13.
To enter, individuals must, during the Phase 2 Period, visit the Laminex Australia Facebook page at www.facebook.com/TheLaminexGroupAU, follow the prompts to the entry page, input the requested details including but not limited to their full name, valid email address, contact telephone number, postcode and select three (3) colours for the Laminex décor from the pool of colours made available for the major prize winner’s room. The entrant must then, in 50 words or less, provide an answer to the following question “Tell us why your choice of Laminex finishes will create an unexpectedly brilliant finish.”
14. Only one entry permitted per person during Phase 2.15. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the following:
a) creative merit and originality of the answer provided to the question
b) colours chosen as a considered design combination; and
c) an overall design consideration of the major prize winner’s space.
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. The winners will be contacted by phone or email.
16.
The best 5 entries, as determined by the judges will each win the prize of a $250 Eftpos card. Phase 3
17. During the Phase 3 Period commencing on 6/8/2015 and ending on 3/9/2015.
18. During Phase 3 members of the public will be asked to vote on who they think has the best design from the 5 winners in Phase 2.
19. The entry with the highest number of votes will be deemed the winner and win $1,000. If there is a tie for first place the Promoter, in its absolute discretion, will determine the winner based on who they believe has the best entry.
General
20. 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.
21. Incomplete or indecipherable entries will be deemed invalid.
22. 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.
23. The Promoter’s decision is final and no correspondence will be entered into.
24. If for any reason a winner does not take or redeem a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
25. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
26. Total prize pool value is up to $23,000. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
27. 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) the Content is the original literary work of the entrant that 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
28. As a condition of entering this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry (which shall include Content) to the Promoter, and to execute any documents to confirm such assignment. Entries will not be returned to any entrant.
29. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner and/or finalist (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.
30. 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.
31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
32. 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.
33. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (includingits 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) use of a prize.
34. As a condition of accepting the major prize, the major prize winner must sign any legal documentation 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.
35. 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.
36. 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 the prize), except for any liability which cannot be excluded by law.
37. 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 and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
http://www.thelaminexgroup.com.au/privacy-policy.phpIn 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 opt out, 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.
38. The Promoter is Laminex Group Pty Limited (ABN 98 004 093 092) 90-94 Tram Road Doncaster VIC 3108.
