HEARINGLIFE ĎWIN A CHRISTMAS HAMPERí PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 26 years or over. Employees (and their immediate families) of the Promoter, Participating HearingLife Clinics 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. A Participating HearingLife Clinic is any HearingLife clinic operating in Australia (except TAS and NT).
4. Promotion commences on 6/11/2017 and final entries close at 5:00pm AEDST on 15/12/2017 (ďPromotional PeriodĒ).
5. To be eligible to enter and receive an automatic entry, individuals must book an appointment at a Participating HearingLife Clinic during the Promotional Period. The appointment must be booked by 5:00pm AEDST on 15/12/2017 and scheduled to be attended no later than 31/03/2018. Appointments can be booked by calling a Participating HearingLife Clinic directly, by making an appointment in person at a Participating HearingLife Clinic or by making an appointment online using a booking website. The booking website for HearingLife Clinics can be found at www.hearinglife.com.au/request-a-free-appointment/
. Bookings that are made and then cancelled during the Promotional Period will be excluded from entry.
6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrantís 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 Promoterís discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoterís legal rights to recover damages or other compensation from such an offender are reserved.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry is permitted per person. For clarity, regardless of how many appointments in excess of one (1) a person books during the Promotional Period, each person is only eligible to receive one (1) entry for booking an eligible appointment at a Participating HearingLife Clinic. If an entrant makes multiple bookings at multiple Participating HearingLife Clinics, only the entrantís first booking will be deemed valid for the purposes of this promotion.
9. 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.
10. The draw will take place at Colorado Data, 31 Sandstone Island Circle, Bittern VIC, 3918 on 18/12/2017 at 10:00am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by phone first, then in writing within two (2) business days of the draw. The winnerís name will be published online at www.hearinglife.com.au
11. The Promoterís decision is final and no correspondence will be entered into.
12. There is one (1) prize to be awarded in respect of entries received in each Participating HearingLife Clinic. The first valid entry drawn from the entries received in each Participating HearingLife Clinic will each win a Christmas Hamper valued at $85.
Subject to the unclaimed prize draw clause, if for any reason the winner does not take and/or redeem the prize by the time stipulated by the Promoter, then the prize will be forfeited.
13. If the 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, subject to any written directions from a regulatory authority.
Total prize pool value in each Participating HearingLife Clinic is $85. The number of Participating HearingLife Clinics in each State and Territory are as follows:
State/Territory Number of Participating Clinics Total Prize Pool Value
New South Wales 18 $1530
Victoria 13 $1105
South Australia 11 $935
Queensland 17 $1445
Western Australia 6 $510
The prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
16. A draw for the prize, if unclaimed, may take place on 19/03/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified by phone first and then in writing within two (2) business days of the draw. The winnerís name will be published online at www.hearinglife.com.au
17. 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.
18. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
19. Any cost associated with accessing the promotional website is the entrantís responsibility and is dependent on the Internet service provider used.
20. 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 States and Territories of Australia (ďNon-Excludable GuaranteesĒ). 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.
21. 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 Promoterís 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 the prize.
22. Personal information is being collected in order to administer the promotion. By participating in the promotion, the entrant acknowledges that a further primary purpose for collection of the entrantís personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the entrant has provided their details for. The Promoter may share information with the Promoter Parties (being related entities, contractors, agents and suppliers]) who may also contact the entrant with special offers in this way. By entering the promotion, the entrant acknowledges and agrees that the Promoter may use the entrantís personal information in the manner set out in these Terms & Conditions. Entry is condition on the provision of the requested information.
23. The Entrant can request access to, update or correct any personal information held by the Promoter by contacting the Promoterís Privacy Officer at firstname.lastname@example.org
24. The Promoter is Sonic Innovations (ABN 86 007 608 460) of 3 Unley Road, Parkside SA 5063. Telephone: 08 8373 5740.
NSW Permit No. LTPM/17/02416