https://www.facebook.com/dewaltanz/app_410120545765703
Starts 12:00noon (Melb time) 15.08.2013,
closes 9:00am (Melb time) 21.10.2013. Entry open to Australian residents, >18 years that have like the Facebook Page at www.facebook.com/dewaltanz ("FB Page") and accepted the Facebook Application at https://motogp.fbapp.com.au ("App"). To enter, entrants must go to the App and follow prompts to the Instant Win entry. From valid entries, 60 prize winners will be selected at random throughout the Campaign Period.
Prize: 1 x 51 piece builders kit valued at $999.00AUD or 1 x Dewalt DCK390L2-XE 18V XR Li-Ion 3pc combination kit valued at $799.99 AUD (selected at promoter's discretion). Total maximum prize pool: up to $49,989.50 (inc GST) AUD. Winners notified immediately after entry. Winners published in The Australian Newspaper within 28 days of winning. Full T&Cs. Promoter: Stanley Black & Decker Australia Pty Ltd, 82 Taryn Drive, Epping VIC 3076. Permit numbers NSW: LTPS/13/05837, ACT: TP 13/02717, VIC: 13/1803, SA: T13/1386.
Stanley Black and Decker Instant WIN Competition
Terms and Conditions1. Information on how to apply for the Stanley Black and Decker Instant WIN Competition (the “Campaign”) forms part of these Terms and Conditions. Applications not completed in accordance with these Terms and Conditions will be rejected.
2. Participation in this Campaign is deemed acceptance of these Terms and Conditions.
3. The Promoter is Stanley Black & Decker Australia Pty Ltd (ABN 82 000 021 938) of 82 Taryn Drive, Epping, Victoria 3076. Australia (“Promoter”). The Campaign is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) C/- PO Box 691, Ballarat, Victoria, 3350 (“T garage”).
Definitions
4. In these Terms and Conditions and the Campaign:
a. ‘Facebook’ means the social networking site available at
www.facebook.com which members of the public can become of member of (subject to the terms and conditions of Facebook);
b. ‘Facebook Account’ means an account with Facebook set up by a Facebook Member;
c. ‘Facebook Application’ means the Campaign application available for download at:
https://motogp.fbapp.com.aud. ‘Facebook Member’ means a person who has registered, been accepted as and continues to be a member of Facebook (
www.facebook.com) and has agreed to the terms and conditions of that membership;
e. ‘Facebook Page’ means the DEWALT Facebook Page available on Facebook at
www.facebook.com/dewaltanzf. ‘Prize’ means one (1) of the following, selected at random:
(i) One (1) 51 piece builders kit (total of 10 available) containing one Mobile Tool Chest, one FatMax Level 600mm, one Tool Belt, one FatMax 30M Long Tape, one FatMax Blade Armor 8M Tape Measure, one 14 Piece Screwdriver Set, one Dynagrip 3 Piece Chisel set, one 3 Piece Chisel Sharpening set, one FatMax Xtreme 20oz Hammer, one 3LB Club Hammer, one FatMax Wrecking Bar, one 7 Piece Punch & Chisel Set, one FatMax Hacksaw, one FatMax Retractable Knife, one FatMax 20” Saw, one Chalk & Reel Set, one Carpenters Pencil, one Long Life Rule, one FatMax Pliers, one 250mm Adjustable Wrench, one Cold Chisel 250mm x 25mm, one FatMax Aviation snips, one 300mm Combination Square, one Clear Wraparound Glasses, and one Earmuff. (each 51 piece builders kit is valued at up to $999.00 AUD in total); or
(ii) One (1) DEWALT DCK390L2-XE 18V XR Li-Ion 3pc Combination Kit – 3.0Ah (total of 50 available) containing one DCD985 18V XRP XR Li-Ion Hammer Drill/Driver; one DCS380 18V XR Li-Ion Reciprocating Saw; one DCS391 18V XR Li-Ion Circular Saw; two 3.0Ah Li-Ion Batteries; one Multi-Voltage Charger; one Contractor Bag; one DW4807 Bi-Metal Reciprocating Saw Blades 5 Pack (each Combination Kit is valued at up to $799.99 AUD in total).
All monetary values described above represent the recommended retail price of each item or product as at 20th June 2013.
Dates
5. The Campaign commences at 12:00 noon (AEST) on 15th August 2013 and closes at 09:00am (AEDT) on 21st October 2013 (“Campaign Period”).
Applications
6. Subject to clause 31, participation in this Campaign is only open to those persons who:
a. are Australian residents;
b. are aged 18 years of age or over;
c. are a Facebook Member;
d. have accepted the Facebook Application (which includes acceptance of the Facebook Application terms of use which include, among other things, permission for posts to be automatically made on that persons Facebook Page by the Promoter or T garage relating to the Facebook Application or that person's use of said Facebook Application);
e. have “Liked” the Facebook Page; and
f. otherwise fulfil the application requirements set out in these Terms and Conditions,
(“Eligible Applicants”).
Game of Chance
7. This Campaign is a game of chance.
8. To enter this Campaign, an Eligible Applicant must :
a. confirm they are over 18:
b. read and agree to these Terms and Conditions and the
http://www.dewalt.com.au/privacy/ and
c. follow the prompts on the Facebook page to click on the “Enter Now” button, or similar
during the Campaign Period.
9. Each person who is an Eligible Applicant may only submit one entry for the Campaign per day during the Campaign Period. Any further entry or application submitted by an Eligible Applicant on a day on which it has already submitted an entry to the Campaign will be disqualified. Subject to compliance with these Terms and Conditions on each occasion, Eligible Applicants may enter the Campaign on subsequent days during the Campaign Period.
10. Where an Eligible Applicant holds multiple Facebook Accounts (subject to the terms and conditions of Facebook), that Eligible Applicant is limited to one (1) entry or application per day in total so that only the first entry or application under a Facebook Account held by that Eligible Applicant will be accepted and any subsequent entries under different Facebook Accounts owned by that Eligible Applicant will be disqualified.
Instant winners
11. All entries into this Campaign that are completed correctly and satisfy these Terms and Conditions (each a "Valid Entry") will be eligible to be selected by random to win a Prize.
12. T garage, the Promoter and/or the agent of T garage / the Promoter will, from time to time during the Campaign Period, randomly select one Valid Entry to instantly win a Prize, with the Eligible Applicant who submitted that Valid Entry being the winner of a Prize ("Winner"). The selection of Winners will be conducted electronically.
13. Each Winner will receive one (1) Prize , selected at random by T garage or the Promoter. T garage or the Promoter has complete discretion in selecting the Prize to be awarded to each Winner.
14. 60 Prizes will be available to be won over the Campaign Period.
15. The Promoter / T Garage (and/or their agent) will use their reasonable endeavours to ensure each Winner is notified immediately by an onscreen display if they are an instant winner or within 48 hours of being selected as a Winner. Details of the winners will be published in The Australian newspaper on Thursday 12th September 2013, Thursday 3rd October 2013 and Tuesday 29th October 2013.
16. The onscreen notification displayed to each Winner will set out a six (6) digit Prize Claim Number determined by T garage. The unique Prize Claim Number will need to be recorded by the Winner for prize verification purposes.
17. When prompted online after being notified of their selection as a Winner, Winners will need to complete and submit (via an online form) their full name, daytime phone number, email address and full mailing address for delivery of Prize in order to claim their Prize and in order for the Promoter to notify the Winner of the details of delivery of the Prize (which the Promoter will use its reasonable endeavours to do within 14 days of the Winner’s details being submitted pursuant to this clause).
18. If a Winner fails to provide a valid or complete address for the delivery of the Prize, the details that the Prize winner has provided for delivery are incomplete, or delivery has not been successful to the address provided by the Winner (after reasonable attempts by T garage or the Promoter to deliver the Prize), the Prize shall be forfeited by that Winner.
19. In the event of any dispute with the Promoter or T garage, or at the request of the Promoter or T garage, Winners will be required to correctly quote their unique Prize Claim Number to be awarded their Prize.
20. The Promoter reserves the right to withhold the awarding of a Prize to a Winner who cannot provide a valid, unique Prize Claim Number (unless the Winner's inability to produce the Prize Claim Number is a direct result of technical difficulties with the Facebook Application for which T garage or the Promoter is responsible). Any Prizes that remain unclaimed or unverified by 5pm AEST on 21 January 2014 will be forfeited.
21. The total prize pool value for this Campaign (based on the estimated value of each Prize as at 20th June 2013) is $49,989.50 AUD.
Unclaimed and un-awarded prizes
22. If any Prizes remain un-awarded, unclaimed or forfeited at the end of the Campaign Period, a prize draw will take place at the office of Oxygen Interactive Marketing, Level 1, 16 Palmer Parade, Cremorne VIC 3121, on 22nd January 2014 at 12:00 noon (AEDT), for those un-awarded, unclaimed or forfeited prizes ("Unclaimed Prize Draw").
23. Eligible Applicants that were not awarded a Prize pursuant to clauses 11 to 13 will go into the Unclaimed Prize Draw if they have complied with all of the applicable requirements of these Terms and Conditions, including clause 8.
24. Winners of the Unclaimed Prize Draw will be notified by email within 14 days of the Unclaimed Prize Draw taking place.
Contact details of Promoter
25. The contact details of the Promoter are as follows:
The Channel Marketing Manager
Re: Stanley / DEWALT / Facebook Instant Win Competition
82 Taryn Drive, Epping, Victoria 3076, Australia
Tel: 1800 338 002
Please note that further terms and conditions (clauses 26 to 60 inclusive) apply to this Campaign and must be read and understood prior to entering this Campaign.
General Conditions
26. These General Conditions apply to the entire Campaign. Headings are for reference purposes only.
27. Interpretation:
a. Any reference to an entrant includes a reference to an applicant, Eligible Applicant or participant and any reference to an entry includes an application (and vice versa).
b. Any reference to a winner includes a Prize winner.
Facebook acknowledgements
28. Participation in this Campaign is considered acceptance of the following:
a. a complete release by the entrant of Facebook, Inc. (and each of its subsidiaries) from any liabilities, losses, damages, costs, interest, fees, penalties, fines, assessments, forfeiture and expenses of whatever description (whether actual, contingent or prospective) arising out of or related to this Campaign;
b. an acknowledgement that this Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook; and
c. that the information provided by each entrant is provided to T garage and the Promoter (as detailed in these Terms and Conditions) and not to Facebook, Inc. (or any of its subsidiaries).
Entrants promise not to commence, or threaten to commence, any proceedings or any other action Facebook, Inc nor any of the subsidiaries arising out of or related to this Campaign.
29. Entrants acknowledge and agree that, notwithstanding that neither Facebook, Inc nor any of the subsidiaries of Facebook, Inc. are parties to these Terms and Conditions, each of Facebook, Inc. and each of its subsidiaries is entitled to rely on the release and acknowledgements contained in clause 28.
30. Participation and entry in this Campaign is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
Applications and entries
31. Employees (and their immediate families) of the Promoter, T garage and agencies associated with this Campaign 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.
32. T garage and the Promoter reserve the right, at any time, to verify the validity of all entries and the eligibility of all entrants, including their 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. Errors and omissions may be accepted at the Promoter’s and/or T garage’s discretion. Failure by the Promoter and/or T garage to enforce any of their rights at any stage does not constitute a waiver of those rights.
33. Incomplete, indecipherable or illegible entries will be deemed invalid.
34. If there is a dispute as to the identity of an entrant, the Promoter and/or T garage reserve the right, in their sole discretion, to determine the identity of the entrant.
35. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.
36. Any costs associated with becoming eligible to apply, applying or participating in this Campaign such as internet access, download costs, will be at the cost of the entrant.
Prizes and Goods
37. The Promoter’s and T garage’s decision in relation to any aspect of this Campaign, including the selection of any winner and the criteria applied by the Promoter and/or T garage in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.
38. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
39. All values and amounts started in these Terms and Conditions are in Australian dollars and current as at the date of commencement of this Campaign. The Promoter and T garage will not be responsible (and the entrant will not be entitled to make any claim for compensation) for any variation of the value of a Prize during the Campaign Period.
40. If any Prize (or part thereof) is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a prize to the equal value and/or specification, subject to prior written approval from the relevant regulatory authorities.
41. Should an entrant’s contact details change during the relevant Campaign Period, it is the entrant's responsibility to notify T garage and the Promoter. A request to access or modify any information provided in an entry should be directed to T garage or the Promoter.
42. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.
43. As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter, T garage and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
44. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
Submission of Content or Material
45. When any entrant submits, produces or distributes any material for this Campaign including, but not limited to Reviews, images and/or survey responses or sharing of links (“Content”), the entrant, unless the Promoter or T garage advises otherwise, licenses and grants the Promoter and T garage, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
46. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter and T garage shall not be liable in any way for such Content to the full extent permitted by law.
47. The entrant warrants that the Content they submit is:
a. the original, independent creation of the entrant that has not previously been published in any form in any country in the world; and
b. free from any claims, including copyright or trademark claims by other parties.
The Promoter and T garage shall not be liable in any way for such Content to the full extent permitted by law.
48. The Promoter and/or T garage may remove any Content that does not comply with these Terms and Conditions or the T garage Terms and Conditions. Entrants warrant and agree that:
a. they will not submit, produce, share or distribute any Content that is unlawful or fraudulent, or that the Promoter and/or T garage 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 18 or otherwise unsuitable for publication;
b. they will obtain prior consent from any person in respect of that person or their property that appears in their Content;
c. they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
d. their Content shall not contain viruses or cause injury or harm to any person or entity;
e. 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; and
f. the Promoter and/or T garage reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
49. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or T garage for any breach of the above terms.
50. Entrants acknowledge that entries, including Reviews may be posted on to the T garage Website and be available for public viewing.
Variations to the Campaign
51. The Promoter and T garage may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Campaign, as appropriate, if:
a. for any reason, this Campaign is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical or software failures or any other causes beyond the control of the Promoter or T garage which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Campaign; or
b. the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
52. Where the Promoter or T garage does modify, suspend, cancel or in any way amend the Campaign, the Promoter and/or T garage will provide notice of this on the T garage Website and the relevant promotion Facebook page (if any).
53. Any cost associated with accessing the T garage Website is the entrant’s responsibility and is dependent on the Internet service provider used.
Limitation of Liability
54. Except for any liability that cannot be excluded by law, the Promoter and T garage (including their officers, employees and agents) exclude 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 this Campaign, including, but not limited to, where arising out of the following:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s or T garage’s control);
b. any theft, unauthorised access or third party interference;
c. any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or T garage) due to any reason beyond the reasonable control of the Promoter or T garage;
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. participation in the Campaign or use or misuse of a Prize.
This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
Use of personal information
55. Entrants consent to the Promoter and T garage 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 Campaign (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
56. T garage and the Promoter collect personal information in order to conduct this Campaign and may, for this purpose, disclose such information to third parties, including but not limited to their respective agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and/or T garage 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 access, update or correct information to T garage and the Promoter.
57. All entries into this Campaign will become the property of the Promoter.
58. The Promoter’s privacy policy can be viewed at
http://www.dewalt.com.au/privacy/General
59. If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.
60. This Agreement is to be interpreted in accordance with the laws of all States and Territories throughout Australia and all parties submit to the non-exclusive jurisdiction of the Courts of that State.
This Game of Chance Campaign is authorised under Permit Numbers: NSW: LTPS/13/05837, ACT: TP 13/02717, VIC: 13/1803, SA: T13/1386.
