https://www.facebook.com/MorphyRichardsAU/app_296253953776343"COLOUR YOUR MORNINGS" PROMOTION
(REVISED BY ANISIMOFF LEGAL ON 30/03/2012)
TERMS AND CONDITIONS
Information on how to participate and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents. Participants under 18 years old must have parental/guardian approval to enter and further, the parent/ guardian of the participant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
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.
Promotion commences on 02/04/2012 and
ends at 11.59pm AEST on 16/04/ 2012 ("Promotional Period").
To enter, individuals must complete all of the following steps during the Promotional Period:
Visit the PromoterŐs Facebook page at
http://www.facebook.com/ MorphyRichardsAU;
"Like" the Promoter's Facebook page (if they have not previously indicated that they "Like" the page);
Click on the promotional tab and allow access to their Facebook Profile (as required) for the promotional application;
Follow the prompts to vote for their favourite colour for the new Morphy Richards kettle & toaster by rating each of the four (4) colours featured on a scale from one (1) to ten (10), with one (1) being the least favourite colour and ten (10) being the most favourite colour. No two (2) colours can be given the same rating by a participant;
Provide a response to the question
"Tell us how a splash of colour could liven up your kitchen?" in 25 words or less;
Provide all of the requested details (including full name, a valid email address, mobile number and full residential address) and tick all of the appropriate "tick" boxes; and
Submit the fully completed entry form so it is received no later than 11:59pm AEST on 16/04/2012.
The kettle & the toaster in the colour that receives the highest rating overall (based on all valid ratings submitted) at the end of the Promotional Period will be produced and sold in selected retailers (including online retailers) as part of the next Morphy Richards collection (for a period determined by the Promoter in its absolute discretion). In the event that two (2) or more kettle & toaster colours are tied for the first place at the end of the Promotional Period, the Promoter, in its absolute discretion will select one (1) winning colour (out of the tied colours). The Promoter will advise and update entrants as to when the winning colour kettle & toaster will be available for purchase.
All individuals who complete the steps outlined in clause 5 will be eligible for a chance to win a Morphy Richards Toaster and Kettle Prize Pack (regardless of the colour they vote for).
Prize winners will be determined based on skill and chance plays no part in determining the winners. Each eligible entry will be individually judged based on 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 participant.
The one hundred (100) best responses to the promotional question (out of all valid entries received), as determined by the Promoter, will each win a Morphy Richards Toaster and Kettle Pack valued at $259.90 (subject to any verification procedures). The kettle will be the Special Edition Accents Traditional Kettle and the toaster will be the Special Edition Accents 4 Slice Toaster, each in the winning colour.
Prize winners will be notified by email and their names will be published on the Promoter's Facebook page on 30/04/2012. The prize will be delivered to the winner's nominated Australian address within six (6) months of winner announcement. Winners should allow up to six (6) months from the date of winner announcement for the prize to be produced and then delivered to their nominated Australian address.
The Promoter reserves the right, at any time, to verify the validity of entries/ ratings and participants (including a participant's identity, age and place of residence) and to disqualify any participant who submits an entry/rating that is not in accordance with these Terms and Conditions or who tampers with the entry/rating process. Errors and omissions will 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 reserves the right, at any time, to invalidate any ratings which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.
Incomplete, indecipherable or illegible entries/ratings will be deemed invalid.
Individuals can only submit one (1) rating (and receive one (1) entry) for the duration of the Promotional Period.
If there is a dispute as to the identity of a participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the participant.
The Promoter's decision is final and no correspondence will be entered into.
If for any reason a prize winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
If a prize (or part of a 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.
Total prize pool value is $25,990. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
As a condition of entering this promotion, each participant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each participant warrants to the Promoter that each entry submitted is an original literary work of the participant that does not infringe the rights of any third party. Participants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Participants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 Cth).
Participants 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.
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 participant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional Facebook page is the participant's responsibility and is dependent on the Internet service provider used.
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.
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 participant; or (f) use of the prize.
As a condition of accepting a prize, each winner 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.
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 and prize suppliers. 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 participant. Participants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
Entry and continued participation in the promotion is dependent on participants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/ terms.php.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Participants understand that they are providing their information to the Promoter and not to Facebook. The information an participant 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 participant, as a result of participating in the promotion (including taking/ use of a prize), except for any liability which cannot be excluded by law.
The Promoter is ASKO Appliances (Aust.) Pty. Ltd. (ABN 65 007 007 329) of 35 Sunmore Close, Moorabbin VIC 3189.
