http://www.facebook.com/HTCau/app_403600196333577OFFICIAL RULES (“Official Rules”)
OF THE “ONE PHONE A DAY Giveaway” COMPETITION FOR PARTICIPANTS (“Participants”)
1. No purchase or payment is necessary to enter the competition known as the “One Phone a Day Giveaway” (the “Competition”).
The Competition is managed and run by HTC Corporation (“HTC Corporation”) having its principal place of business at No. 23
Xinghua Rd., Taoyuan City, Taoyuan County 330, Taiwan. The Competition entry period begins on the 1
st
of June 2012 at 2pm
and ends on the 14
th
of June 2012 at 11:59pm (the “Entry Period”).
2. How to enter: To qualify for entry into the Competition you must be a registered user of Facebook and an Australian resident.
To enter visit the HTC Australia profile page on Facebook at
www.facebook.com/HTCau (the “Competition Site”) during the Entry
Period and click the LIKE tab, followed by the Enter Now button, then allow the ‘One Phone a Day Giveaway’ application
permission to:
Access your basic information;
Send you emails;
Once you click on “Allow”, you will then be directed to the Competition entry page. Users must fill in the entry form as directed and
then share the competition via Facebook or Twitter to their friends. The entrant with the most accepted invitations at 11:59pm of
each day during the promotion period will win the prize.
Where a dispute arises about who submitted an online entry, the entry will be considered submitted by the holder of the Facebook
account. No entries will be acknowledged or returned.
3. Eligibility: The Competition is open to any individual who is, as of the beginning of the Entry Period,
18 years of age or older
and who is an Australian resident. Employees, officers, directors and agents — and their immediate families and household
members regardless of where they live, or members of the same households (whether related or not) of HTC Corporation and its
divisions, affiliates, subsidiaries, agents and advertising agencies (collectively the “Competition Providers”) — are not eligible to
participate in the Competition. The Competition is null and void outside of the Participating Country (and where prohibited or
restricted by law). In addition all federal, state and local laws and regulations apply and take precedence in the event of any
inconsistency with the Official Rules.
4.
Prizes: Prizes consist of 14x HTC One XL devices RRP $744 each.
5. Prize Draw:
The entrant with the most accepted invites at 11:59pm of each day of the promotion will win 1x HTC One XL device with the winner being announced the following day. If more than one entrant has the same number of accepted invitations, the
entrant who hit that number first wins the prize. Entries by previous winners will not be accepted, each winner is eligible to win the
prize once only.
The winner selection will take place as outlined in point 5 above. The prize winners will be notified within 24 hours through
Facebook and via e-mail or phone. Failure of the potential prize winners to respond within seventy two (72) hours from such
notification referred to above may result in disqualification and the selection of an alternative prize winner. By entering the
Competition, each Participant agrees to be bound by these Official Rules and the decisions of the Competition Providers. In the
event of non-compliance an alternative Prize Winner may be selected. Prize winners will be listed on the Competition site.
The prizes do not include insurance, personal expenditure and other incidental costs other than those specifically included.
6. Conditions, Disclaimer and Licence: By entering this Competition each Participant agrees to be bound by these Official Rules
and by all decisions of the Competition Providers (which decisions are final and binding on all matters relating to the Competition),
and to comply with all federal, state and local laws and regulations. The decisions of the Competition Providers are final on all
matters of fact, interpretation, eligibility, procedure and fulfilment. In the event of non-compliance an alternative prize winner may
be selected. The Competition Providers are not responsible for any technical fault, human error, lost/delayed data transmission,
omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or
any combination thereof. The Competition Providers provide no warranties and hereby disclaim any and all warranties, express or
implied concerning any prize furnished or made available in connection with the Competition. Although the Competition Providers
attempt to ensure the integrity of the Competition, the Competition Providers are not responsible for the actions of Participants or of
other individuals in connection with the Competition including other individuals’ attempts to circumvent the Official Rules or
otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Competition. The Competition
Providers are not responsible for injury or damage to Participants or to any person’s computer(s), other equipment or person(s)
related to or resulting from participation in the Competition or downloading materials from or using the Competition Site. If for any
reason the Competition is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering,
unauthorised intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace
demands, applicable law, unforeseen obstacles or any other causes which in the sole opinion of the Competition Providers could
corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the
Competition, the Competition Providers, reserve the right in their sole and absolute discretion to modify these Official Rules and/or
to cancel, terminate, modify or suspend all or any part of the Competition and to select a winner from among all eligible entries
received up to the time of such cancellation, termination, modification or suspension as applicable.
There is no payment to enter the Competition however all taxes (including without limitation federal, state and local taxes) in
connection with any prize and the reporting consequences thereof, are the sole responsibility of the Prize Winner. The prize winner
at the sole discretion of the Competition Providers shall be required to sign a notarised affidavit of eligibility and compliance with these Official Rules, address and age verification and other registrations and participation information requested by the Competition
Providers (unless prohibited by law). You are not a prize winner until your submissions are validated. Failure to complete, sign and
return all required documents within two (2) days of delivery to the potential prize winner’s claimed address or return of prize as
undeliverable may result in disqualification and selection of an alternate prize winner, at the sole discretion of the Competition
Providers.
7. Conduct: The Official Rules will be posted at the Competition Site throughout the Entry Period. By entering and participating in
this Competition Participants (a) fully and unconditionally agree to be bound by these Official Rules and by all decisions of the
Competition Providers (which decisions shall be final and binding in all respects), including without limitation decisions regarding
eligibility, winner and the interpretation of terms used in these Official Rules, and (b) represents and warrants that all information
provided by the Participant in connection with the Competition is true, accurate and complete. The Competition Providers reserve
the right at any time and at their sole discretion to disqualify and/or deem ineligible to participate in this Competition or any future
Competition or other promotions of the Facebook Competition providers any Participant and/or individual it suspects to be
tampering with the entry process or the operation of the Competition or the Competition Site, to be acting in violation of the Official
Rules or the Competition Site’s terms of service, privacy policy or other terms, conditions or guidelines, to be acting in bad faith or
in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person, to have failed to agree to these
Official Rules or to be in violation of these Official Rules. Any attempt by a Participant or any other individual to deliberately
damage any internet site or undermine the legitimate operation of the Competition is a violation of these Official Rules as well as
criminal and civil laws. Should the Competition Providers believe or become aware that such an attempt has been, is being or shall
be made, the Competition Providers reserve the right to seek remedies and damages from any responsible entrant and other
responsible individual(s) in the attempted damage to the fullest extent permitted by law, including without limitation criminal
prosecution.
8. Release and Indemnification: By entering the Competition the Participants release and hold the Competition Providers
harmless from and against any and all losses, damages, rights, claims and actions of any kind arising in whole or in part, directly or
indirectly from the Competition or participation in any Competition related activity (including without limitation the removal from the
Competition Site of, or discontinuation of access to any material(s) or resulting directly or indirectly from acceptance, possession,
use or misuse of any prize awarded in connection with the Competition, including without limitation personal injury, death and or
property damage as well as claims based on defamation and/or invasion of privacy.
9. Limitation of Liability: To the extent which may be permissible by local law, in no event shall the Competition Providers be
responsible or liable for any damages or losses of any kind, including without limitation direct, indirect, incidental, consequential or
punitive damages arising out of any access to and/or use of the Competition Site, the downloading from and/or printing material
downloaded from the Competition Site, the removal from the Competition Site of or discontinuation of access to any materials or
the acceptance, possession, discontinuation of access to any material or the acceptance, possession, use or misuse of, or
participation in any prize awarded in connection with the Competition. Without limiting the foregoing, to the extent which may be
permissible by local law, the Competition, all prizes and all material provided on or through the Competition Site are provided “AS
IS” without warranty of any kind, either expressed or implied, including without limitation the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
10. Governing Law: The Competition and these Official Rules are governed by and shall be construed in accordance with the
substantive laws of Taiwan. All applicable Australian federal, state and local laws and regulations shall apply and shall supersede
and prevail in the event of any inconsistency with the Official Rules
11. Miscellaneous:
a. Dates and Deadlines: Because of the unique nature and scope of the Competition, HTC Corporation reserves the right, in
addition to those rights reserved herein, to modify the date(s) or deadlines set forth in these Official Rules or otherwise
governing the Competition.
b. Privacy: By entering the Competition the Participant consents to the use of his/her personal data solely in relation to the
proper administration, management and promotion of the Competition.
c. Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason
unenforceable then that provision shall be deemed severable from these Official Rules and shall not affect the validity and
enforceability of any remaining provisions. Headings are used in these Official Rules solely for convenience of reference
and shall not be considered to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
d. Prize Winners. For information on the prize winners send a self-addressed stamped envelope after the 22
nd
of June 2012
to: Prize Winners List, Feedback – “One Phone a Day Giveaway”Promotion, HTC ANZ, PO Box 836, North Sydney, NSW,
2059 Australia. Requests for the Winner Lists must be received by the 22
nd
of June 2012. For the avoidance of doubt
The Competition is managed and run by HTC Corporation having its principal place of business at No. 23 Xinghua Rd.,
Taoyuan City, Taoyuan County 330, Taiwan.
e. The Participant’s agrees and accepts that the idea(s) submitted by the Participant are the original work of the Participant.
f. The Participant shall ensure that none of the information in their entry infringes any intellectual property, privacy or other
third party rights.
g. The Participant shall ensure that any third parties involved in their idea or the research preceding its development are
informed and have waived any rights to the exploitation of it.
h. By submitting their entry the Participant agrees and accepts that the intellectual property in the idea shall automatically
transfer to HTC and the ownership of the intellectual rights in the idea shall automatically vest in HTC.
i. For the purpose of the Official Rules intellectual property shall mean all patents, patent applications, designs, design rights, copyright, database rights, trademarks, service marks, trade names, know-how or any other intellectual property
whatsoever and wheresoever in the world existing, whether registered or unregistered.
j. By submitting their entry the Participant grants HTC a non-exclusive licence to use the Participant’s name and likeness for
the purpose of promotional activities arising from or related to the Facebook Competition.
k. In the Official Rules the singular shall include the plural and vice versa and words importing any particular gender include
the other.
l. By agreeing to these Terms and Conditions, the Participant grants HTC the right to send marketing emails.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Any questions:
Email:
htc.australia.social@gmail.com
Australian Competitions Club
