http://www.facebook.com/realestateAus?sk=app_188497461231347“SPOT THE DIFFERENCE'” 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. Entries open on 8 November 2011 and close at 11.59pm AEDST on 4th December 2011 (“Promotion Period”).
3. Entry is only open to Australian residents aged 18 years or over who have a Facebook account.
4. 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.
The Game
5. Individuals must create a team in order to play the game and get an entry. A team consists of a group of four (4) Facebook friends.6. To create a team, one individual from each team must complete the following during the Promotion Period:
(i) visit the realestate.com.au Facebook page (“Facebook Page”);
(ii) select the ‘like’ button on the Facebook Page (if not already a fan);
(iii) individuals must then input their valid email address and agree to these Terms and Conditions and submit to get into the Spot the Difference promotional application; and
(iv) invite three (3) Facebook friends to join their team (once in the application) as prompted and submit.
7.
Each of the three (3) invited Facebook friends must then join the team. To join the team, each invited Facebook friend must click the invitation link posted on their Facebook wall to be directed to the Facebook Page, ‘like’ the Facebook Page (if not already a fan), input their valid email address and agree to these Terms and Conditions and submit.
8. Each team player will unlock one (1) of four (4) photo galleries available within the Spot the Difference promotional application when they validly create a team or join a team.
9. Each gallery will contain five (5) photos. All photos in all four (4) galleries are identical, apart from one photo in one of the galleries which will contain a spot of difference. Once all four (4) galleries are unlocked, any of the players within a team can select one (1) of the galleries as the gallery they believe contains the photo with the difference. Any one of the four (4) team members may make the choice on behalf of their entire team. The player that chooses the gallery which they believe has the difference will be notified immediately on section via an on screen message whether their guess is correct or not.
10. Each player can only participate in one game at a time. Once a game has been completed, a player may then form another team or join another team.
11. Each team will be awarded one (1) entry on correct submission of a game.
Draw & Prizes
12. The draw will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne VIC 3004 on 9 December 2011 at 9am AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
13. The first valid and correct entry drawn will win four (4) Samsung Smart LED 3D TV 55” televisions (Model Number UA55D7000) valued at $4,099 each (one (1) TV will be awarded to each team member from the winning team).
14. The winning team will be notified in writing and each winner from the winning team will have their name published in The Australian newspaper on 16 December 2011.
15. Subject to the unclaimed prize draw clause, if for any reason a winning team does not take their prizes, then the prizes will be forfeited. If one to three members of the winning team do not claim their prize, then the remaining prize/s will be awarded to the members of the winning team who have claimed their television prize, to share between themselves as they see fit.
Unclaimed Prize Draw
16. In the event that all members of the original winning team do not claim their prizes, an unclaimed prize draw will be conducted to award the unclaimed prizes. The unclaimed prize draw will take place on 9 March 2012 at the same time and place as the original draw, subject to any directions from a regulatory authority. The first valid and correct entry drawn from the unclaimed prize draw will win the prize of four (4) televisions (one for each member of the drawn team). The unclaimed prize draw winning team, if any, will be notified in writing and each member of the winning team will have their name published in The Australian newspaper on 16 March 2012.
General
17. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s Facebook profile, identity, age and place of residence) 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 reserves the right to request entrant’s provide valid photo identification in order to prove validity of an entry/entries. 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.
18. Incomplete, indecipherable or illegible entries will be deemed invalid.
19. Individuals must enter the promotion as team of four (4). It is not possible to enter solely as an individual.
20. Multiple entries permitted, subject to the following: (a) each individual player may only participate in one (1) game at any time; (b) once a person is part of a team they may not enter or create another team until they have submitted a selection for the gallery containing the ‘spot of difference’; (c) the same team can be created more than once; and (d) each entry must be submitted in accordance with entry requirements.
21. 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.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. If any 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.
24. Total prize pool value is $16,396.
25. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
26. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are part of the winning team (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.
27. 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.
28. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
29. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
30. 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 (“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.
31. 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 members of the winning team or entrant; or (f) use of a prize.
32. As a condition of accepting the prize, all members of the winning team must 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.
33. The Promoter collects 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, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. 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 opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
34. 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.
35. 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.
36. The Promoter is realestate.com.au Pty Limited (ABN 21 080 195 535) of 678 Victoria St, Richmond VIC 3121, telephone 03 9897 1121.
NSW Permit No. LTPS/11/10059 VIC Permit No. 11/2423 ACT Permit No. TP11/4540 SA Permit No. T11/2395
Australian Competitions Club
