De’Longhi – Win $1,000 Cash + A De’Longhi Panel Heaters

HEATING ONLINE PROMOTION 2014 TERMS AND CONDITIONS
1. Information on how to enter this Promotion and Prize details form part of these Terms and Conditions of entry (Terms). These Terms apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The promoter is De’Longhi Australia Pty Ltd (ABN 49 104 012 857) of Nexus Industry Park, Building 3A, 43 Lyn Parade, Prestons NSW 2170, Australia (Promoter). Entrants acknowledge and agree that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter and other social media platforms.
3. The Promotion will be open from 12:00pm Australian Eastern Daylight Savings Time 02 June, 2014 and will close on 11:59pm Australian Eastern Standard Time on 31 July, 2014 (Promotion Period).
4. Entry is open to Australian residents aged 18 years and over (Eligible Entrants).
5. Employees, directors, management and contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of Prizes), and their immediate families, are not eligible to enter. By entering this Promotion you represent that you are eligible to enter.
6. Prize
a. There are five (5) prize packs to be won, consisting of De’Longhi HCX9124E Electronic 2400W Panel Heater, valued at $449 and $1,000 cash. Each prize pack is valued at $1,449 RRP, with the total prize pool valued at $7,245 RRP.
b. To enter the Promotion and be eligible to win, Eligible Entrants must, during the Promotion Period visit http://www.delonghi.com/en-AU/promotions/heating/, follow the prompts to the competition entry page and:
i. UploadacreativephotographdepictingthewhytheentrantneedsaDe’Longhiheater this winter; and
ii. TellusthecodewordfeaturedattheendoftheDe’LonghiHeatingvideo;and
iii. IncludetheEntrant’sname,gender,age,emailaddress,postaladdress,andcontact
telephone number (including area code).
(Eligible Entry).
c. Eligible Entries must not:
i. besexuallyexplicitorsuggestive,unnecessarilyviolentorderogatoryofanyethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any dangerous activity;
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ii. promotealcohol,illegaldrugs,tobacco,firearms/weapons(ortheuseofanyofthe foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
iii. beobsceneoroffensive,endorseanyformofhateorhategroup;
iv. defame,misrepresentorcontaindisparagingremarksaboutthePromoterorits
products, or other people, products or companies;
v. infringetheintellectualpropertyrightsofanythirdpartyandmustnotcontaintrade
marks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind or contain any personal identification, such as licence plate numbers, personal names, e-mail addresses or street addresses;
vi. mustnotcontaincopyrightedmaterialsownedbyothers(includingphotographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
vii. mustnotincludeimagesofcorporatelogos,trademarks,identities,orotherproprietary materials owned by others such as television shows, magazines, or web pages.
viii. mustnotcontainmaterialsembodyingthenames,likenesses,photographs,orother indicia identifying any person, living or dead;
ix. mustnotcommunicatemessagesorimagesinconsistentwiththepositiveimagesand/or goodwill to which the Promoter wishes to associate; and
x. mustnotdepict,andcannotitself,beinviolationofanylaw,
(Submission Guidelines).
d. Only one (1) photo upload is allowed per entrant. Duplicate entries or email addresses are not permitted, as this will not improve your chances of winning.
e. Eligible Entrants can only enter the Promotion in their own name. Group entries are allowed, but entries may only be submitted in one Eligible Entrant’s name. By submitting an entry, the Eligible Entrant agrees that they have the permission of the other person(s) contributing to the entry as part of this Promotion. If multiple people contributed to the winning entry, the Prize will be awarded solely to be Eligible Entrant named in the submitted Eligible Entry.
f. By submitting an entry, Eligible Entrants agree that the Promoter may make their Eligible Entry available to the public by:
i. Being uploaded/posted on the Promoter’s website at http://www.delonghi.com/en-AU/promotions/heating/;
ii. The Promoter reserves the right to remove any materials from http://www.delonghi.com/en-AU/promotions/heating/.
g. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
h. Incomplete, illegible indecipherable or incorrect entries, or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights (including intellectual property rights) are invalid. Any entrant who, in the opinion of the Promoter,
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tampers or interferes with the entry mechanism in any way, or who does not properly
comply with the entry process, will be ineligible to win.
i. Judging of all Eligible Entries received during the Promotion Period will take place will take
place at the De’Longhi Head Office (Judging) and will be decided by 5:00pm Australian Eastern Daylight Savings Time on 8 August, 2014 (Judging Date). All Eligible Entries will be assessed in the Judging process.
j. Judging will be conducted by a representative of the Promoter. The judges’ decision in relation to any aspect of this Promotion is final and binding on each person who enters this Promotion. This is a game of skill and chance plays no part in determining the Winner.
k. The five (5) Eligible Entrants with the most the most creative photo and code word required, as determined by the judges in their sole discretion, will win one (1) Prize Pack each (Winners).
l. The Winners are responsible for clearly providing their full and accurate name, contact details, postal address and banking details. The Promoter is not responsible for any costs incurred by the Winners due to incorrect information provided by the Winners.
m. The Promoter accepts no responsibility for any variation in the value of a Prize, or for any tax liabilities that may arise from winning the Prize.
n. Prize values are the recommended retail value (RRP) and are correct at time of printing. The Promoter accepts no responsibility for any variation in prize value. Prizes are not exchangeable or transferable and cannot be redeemed for cash, unless otherwise specified. All other costs associated with the Prize are the responsibility of the Winner.
o. Prizes are subject to availability. If any prize (or part of any 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, subject to any written directions from a regulatory authority.
p. Allow up to six (6) weeks for processing and delivery of the prize. Delivery of the prize will be to one address only. No re-direction of the prize will be accepted. The entrant is responsible for providing full and accurate details and the Promoter will not be responsible for any costs associated in locating the prize. The Promoter and its associated agencies, and companies associated with this competition will take no responsibility for prizes damaged or lost in transit. Once prizes have left the Promoter’s premises, the Promoter will not be responsible for any delay in delivery, or failure of safe delivery of prizes.
q. The $1000 cash prize does not include any other costs incurred including delivery.
r. The $1000 cash prize will be in the form of either direct deposit or cheque by post, as nominated by the Winners, and will be issued by 22 August, 2014.
s. The Winners are responsible for clearly providing their full and accurate name, contact details, postal address and banking details. The Promoter is not responsible for any costs incurred by the Winners due to incorrect information provided by the Winners.
7. The Winners will be notified by phone and in writing by email on 15 August, 2013.
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8. The Winners’ details will be published on http://www.delonghi.com/en-AU/promotions/heating/ on 20 August, 2014.
9. The Promoter reserves the right to request that a Winner provides proof of his / her identity, residency and / or age prior to awarding a Prize. Proof of identification, residency and /or age considered suitable for verification is at the discretion of the Promoter. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the Prize and no substitute will be offered.
10. If the Promoter is unable to contact the Winner to claim fulfillment of the Prize within 28 (twenty-eight) days of the Judging Date on 8 August, 2014 that Winner will forego their Prize in its entirety and the Prize will be awarded to the next best entry as assessed by the judges during the Judging.
11. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the Winner.
12. In the event that the Promoter is unable to supply the Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value.
13. The Promoter’s decision is final on all matters and no correspondence will be entered into.
14. By entering into the Promotion, the Eligible Entrant agrees and acknowledges that:
a. they may be contacted by the Promoter to provide comments about the competition and the
Promoter (or an agent of the Promoter) may take photos of them;
b. the Promoter may use such comments or photos (Materials) for the Promoter’s future
promotional and marketing purposes without further reference or compensation to them;
c. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at
any time, anywhere, and by any means. The Promoter may license, authorise or otherwise
transfer the rights in the Materials to others to do the same;
d. they acknowledge that, by entering the Promotion, they grant to the Promoter on creation of
the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials
for whatever purpose;
e. they unconditionally and irrevocably consent to any act or omission that would otherwise
infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) including:
i. anyuseoftheEligibleEntrywithoutattributingthemasthecreatororperformerinit;
ii. incorrectlyattributingsomeoneelseasthecreatororperformer;
iii. anyamendment,modification,includinganydeletion,toanypartoftheEligibleEntryor any use of the Eligible Entry in the business of the Promoter, and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights);
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f. theywaiveallMoralRightsintheMaterialsthatariseoutsideAustralia;and
g. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
15. All entries become the property of the Promoter.
16. 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. By entering, Eligible Entrants consent to the Promoter, for an indefinite period, unless otherwise advised, using the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Eligible Entrants should direct any request to access, update or correct information by contacting the Promoter on 1800 126 659 or via email to promotions@delonghi.com.au. The personal information collected in connection with this Promotion will be used, stored and disclosed in accordance with the Promoter’s Privacy Policy, available at http://www.delonghi.com/en-au/privacy-policy.
17. The Promoter is not responsible for any technical malfunctions or problems with internet or network congestion, including injury or damage to a participant’s or any other person’s computer related to participation in this Promotion and problems with transmission of entries and / or emails over the internet, acts in violation of these terms and conditions, acts in a disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person.
18. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with this Promotion or as a result of accepting or using the Prize, except for any liability which cannot be excluded by law.
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