Garmin – Win Action Camera Giveaway

“If you
could create an action hero what would his / her name be and
what would they do?” in twenty five (25) words or less; and
d) submit the fully completed online entry form.
5.

“GARMIN ACTION CAMERA GIVEAWAY” 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. Entry is only open to Australian residents aged 18 years or over who have a
valid Facebook account. 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, stepparent,
grandparent, step-grandparent, uncle, aunt, niece, nephew, brother,
sister, step-brother, step-sister or 1st cousin.
3. Promotion commences on 09/03/2014 and final entries close at 11.59pm
AEST on 30/04/2014 (“Promotional Period”).
4. To enter, individuals must complete the following steps during the Promotional
Period:
a) visit the Garmin Australia Facebook Page at
https://www.facebook.com/GarminAustralia (“Facebook Page”);
b) select the ‘like’ button on the Facebook Page (if not done so already);
c) view and, as instructed, click the promotional post in order to be
redirected to the promotion entry page; input the requested details as
prompted, and provide an answer to the promotional question “If you
could create an action hero what would his / her name be and
what would they do?” in twenty five (25) words or less; and
d) submit the fully completed online entry form.
5. The Promoter reserves the right, at any time, to verify the validity of entries
and entrants (including an entrant’s 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 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.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Only one (1) entry permitted per person.
8. 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.
9. 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
entrant. The winners will be notified by email.
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10. This is a game of skill and chance plays no part in determining the winners.
Each entry will be individually judged based on literary and creative merit of
the answer provided to the promotional question. The Promoter’s decision is
final and no correspondence will be entered into.
11. The best five (5) valid entries, as determined by the judges, will each win one
(1) Garmin VIRB GPS Action Camera valued at $349.00.
12. If for any reason a winner does not take the 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 and will not be redeemable for cash.
13. 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.
14. Total prize pool value is $1,745.00. Prizes are not transferable or
exchangeable and cannot be taken as cash, unless otherwise specified.
15. As a condition of entering this promotion, each entrant 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
entrant warrants to the Promoter that each entry submitted is an original
literary work of the entrant that does not infringe the rights of any third party.
Entrants agree to indemnify the Promoter against all costs and claims by third
parties arising from a breach of this warranty. Entrants consent to any use of
their entry which may otherwise infringe their moral rights pursuant to the
Copyright Act 1968 (Cth).
16. 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.
17. 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) to modify, suspend, terminate or cancel the promotion, as
appropriate.
18. Any cost associated with accessing the Internet is the entrant’s responsibility
and is dependent on the Internet service provider used.
19. Nothing in these Terms and Conditions limits, excludes or modifies or
purports to limit, exclude or modify the statutory consumer guarantees as
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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.
20. 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 entrant; or
(f) use of a prize.
21. As a condition of accepting a prize, the winners 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.
22. The Promoter collects personal information (“PI”) in order to conduct the
promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as
set out in its Privacy Policy, which can be viewed at
www.garmintoughmudders.com.au. In addition to any use that may be
outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite
period, unless otherwise advised, use the PI for promotional, marketing,
publicity, research and profiling purposes, including sending electronic
messages or telephoning the entrant. The Privacy Policy also contains
information about how entrants may opt out, access, update or correct their
PI, how entrants may complain about a breach of the Australian Privacy
Principles or any other applicable law and how those complaints will be dealt
with. All entries become the property of the Promoter. The Promoter will not
disclose entrant’s personal information to any entity outside of Australia.
23. 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.
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24. 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 the prize), except for any liability which cannot be excluded by
law.
25. The Promoter is Garmin Australasia Pty Ltd (ABN 85 129 153 448), of 30 Clay
Place, Eastern Creek, 2766.