Dulux – Up to $10000 Plus Every Entry (prize valued at $10,000)

PROMOTION TEMPLATE – GAME OF SKILL
“DULUX TAKE ON ANYTHING AND CELEBRATE” PROMOTION
Competition details
Promotion Name Dulux Take on Anything and Celebrate
Promoter The Promoter is DULUXGROUP (AUSTRALIA) PTY LTD (ABN 67 000 049 427)
of 1956 Dandenong Rd, Clayton VIC 3168, Australia. Telephone: +61392635678.
Promotion Type Game of skill
Promotion Period Promotion commences on 14/09/2020 and final entries close at 11:59pm AEDST
on 27/11/2020 (“Promotional Period”).
Participating Store Stores participating in the Promotion are selected stores and Dulux stockists
nationally. Participating Stores will display promotion materials. If in doubt, an
entrant may ask a store whether or not they are participating in the Promotion.
Entry Restrictions Promotion is only open to Australian residents aged 18 years or over.
Employees (and their Immediate Families) of the Promoter, the Participating
Store or any of their respective parent companies, subsidiaries or affiliated
companies, or any agencies associated with this promotion are ineligible to enter.
“Employees” means any directors, management, employees, concessionaires,
consultants, officers and contractors or other such people who perform work
under the control of another in exchange for payment. “Immediate Family(ies)”
means any of the following: spouse, ex-spouse, de-facto spouse, child or step-
child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece,
nephew, brother, sister, step-brother, step-sister or first cousin and the persons
referred to above includes natural and non-natural relations (in the opinion of the
Promoter).
The Promoter is responsible for determining whether a person is an eligible
entrant in its absolute discretion. The Promoter may require entrants to provide
reasonable proof that they meet the requirements for entry in the Promotion.
How to enter 1. To be eligible to enter, individuals must take before and after photos of the area in
their house (project) that has been painted with any Dulux product (“Photos”). For
clarity, the Photos will consist of one (1) ‘before’ photo of the of the unpainted area
and one (1) ‘after’ photo of the painted area. For the avoidance of doubt, Photos
will be eligible for entry if they were captured before the Promotional Period.
2. To enter, individuals must then undertake the following steps during the
Promotional Period:
visit dulux.com.au/celebrate, follow the prompts to the promotion entry
page; and
input the requested details (full name, valid email address, date of birth,
postal address and contact number), select the appropriate paint Project
Category, upload Photos and submit the fully completed online entry form.
3. 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 reserves
the right, in its sole discretion, to disqualify any individual who the Promoter has
reason to believe has breached any of these Terms and Conditions, tampered with
the entry process or engaged in any unlawful or other improper misconduct
calculated to jeopardise fair and proper conduct of the promotion. Errors and
omissions may 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’s legal rights to recover damages or other compensation from such
an offender are reserved.
4. Incomplete, indecipherable, inaudible or illegible entries will be deemed invalid.
5. 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.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted per
person, per Project Category; and (b) each entry must be submitted separately and
in accordance with entry requirements.
7. Failure to produce the proof of purchase of the Dulux product used in the Photos
for all entries when requested may, in the absolute discretion of the Promoter, result
in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize.
8. Entries will be divided in accordance with their Project Category:
Living Space;
Kitchen or Bathroom;
Bedroom or Study;
Outdoor; and
Upcycling.
Additional entry
requirements
Any entry that contains content that the Promoter, in its sole discretion, considers
to be offensive or inappropriate in any way or that the Promoter considers, in its
sole discretion, to infringe any intellectual property rights or other rights of any
person, property, corporation or entity, will be considered ineligible. The decision
to accept or reject an entry is at the Promoter’s sole discretion and no
correspondence will be entered into.
The Promoter, its affiliates and agents are not responsible in any way for the
content or descriptions included by entrants, nor do they necessarily endorse the
content or descriptions. Entries received must be the original work of the entrant.
People depicted in any images submitted must be 25 years of age or older.
Entries received during the Promotion Period may be individually moderated by
representatives of the Promoter. The Promoter may reject entries in its discretion
if it considers the entries may be illegal, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, indecent, libellous, hateful,
obscene, or otherwise injurious to third parties or are otherwise objectionable.
Judging criteria Each entry will be individually judged based on creativity, impact and quality of
Dulux paint on before project and after project based on the Photos provided.
Judging of entries will be undertaken by a panel of judges appointed by the
Promoter. Judging will commence at 12PM on 4/12/2020 at the offices of the
Promoter.
A total of fifty-five (55) (up to 50 weekly favourites and one grand prize winner per
category 5 grand prize winners) individual entries, in the opinion of the judges, will
be selected from all valid entries and judged as a winner. The Promoter’s decision
is final and no correspondence will be entered into. This is a game of skill and
chance plays no part in determining the winner. Each entry will be individually
judged based on originality and creative merit of their entry. The judges may
select additional reserve entries which they determine to be the next best, and
record them in order, in the case an invalid entry or ineligible entrant is selected
as the winner.
Notification The winner will be announced on 11/12/2020. The winner will be contacted by
phone or email within 5 days of the announcement. If the winner has not made
contact before 22/12/2020, or in the event an invalid entry or ineligible entrant is
selected as the winner, the judges will select another winner from the remaining
entries which they determine to be the next best.
Publication Details Dulux.com.au/celebrate
Prize details 9. The best valid entry in each Project Category as determined by the judges will each
win the grand prize of $10,000 cash.
10. The next best forty (40) valid entries as determined by the judges across all
categories, will each win the prize of $1,000 cash.
11. Every valid entrant will receive a Dulux Dog plush toy, valued at $8. Limited to one
(1) per person.
12. Total prize pool value is $100,000.
Prize
Restrictions/Additional
terms
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.
Prizes are valued in Australian dollars. The Promoter accepts no responsibility for
any variation in the Prize value. Prize winners are advised that tax implications
may arise from their Prize winnings and they should seek independent financial
advice prior to acceptance of their Prize.
13. Other
Cash prizes will be awarded via EFT into the winner’s nominated account or via
cheque if requested. In the event that the winner selects EFT, they are responsible
for providing full and accurate bank retails. The Promoter will not be responsible for
a banking institution reject an EFT payment, or any costs associated with locating
any lost monies.
Prize Claim Date Prizes must be claimed within 3 months of the end of the Promotional Period.
Unclaimed Prize
Arrangements
If a Prize is not claimed by the Prize Claim Date or the entry is deemed invalid,
the next best entry, as determined by the judge(s) shall be awarded the Prize.
Entry Limits 14. Multiple entries permitted, subject to the following: (a) only one entry permitted per
person, per Project Category; and (b) each entry must be submitted separately and
in accordance with entry requirements.
Verification
Requirements
Failure to produce the proof of purchase of the Dulux product used in the Photos
for all entries when requested may, in the absolute discretion of the Promoter, result
in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize.
Additional Terms – Use
of entries
By submitting an entry to the Promotion, each entrant assigns all rights in the
entry to the Promoter and consents to the Promoter using the entry in any manner
the Promoter wishes (including modifying, adapting or publishing the entry,
whether in original or modified form, in whole or in part or not at all), by way of all
media, without payment to the entrant (of royalties, compensation or otherwise).
By submitting an entry, each entrant consents to any dealings with the entry that
may otherwise infringe their moral rights in the entry. The Promoter may copy any
content submitted as part of an entry, cause the content to be seen and/or heard
in public, and communicate the content to the public. It may also allow third
parties to do these things.
Terms and Conditions
1. Information on how to enter the “Dulux Take on Anything and Celebrate” promotion and prizes form part of
these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and
Conditions.
2. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter
only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return
of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this
occurs.
3. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of
participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an
entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
4. Incomplete and indecipherable entries and any entry which has incorrectly entered personal information or
contact details shall be deemed an invalid entry. No responsibility is accepted by the Promoter for late, lost,
misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof
of entry or things required by the Verification Requirements).
5. The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final
and binding on every person who enters. No correspondence will be entered into.
6. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit
further participation by an entrant in this Promotion or a prize event/activity if the entrant:
a. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the
Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion;
b. submits an entry that is not in accordance with these Terms and Conditions or who tampers with
the entry process; or
c. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or
damaging to the Promoter’s goodwill or reputation.
7. 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, the Promoter reserves the right, in its sole
discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the “Dulux Take on
Anything and Celebrate” promotion, as appropriate.
8. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant
to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s
satisfaction, the entry will be deemed invalid.
9. An entrant’s entry must not include:
a. any image or voice of any other person without that person’s express consent. Entrants warrant that
if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive,
potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which
includes, without limitation, any content involving nudity, malice, excessive violence or swearing);
and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other
item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts
about whether they have the right to include any content (for example, recorded music) they must
not include it. By including any such content in their entry, the entrant warrants that they have the
permission of the relevant copyright owner to do so and that this permission allows the Promoter to
use the entry in accordance with these Terms & Conditions.
10. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an
entrant’s entry.
11. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by
the Promoter. Online and other electronic entries are deemed to have been received at the time of receipt
into the promotion database and not at the time of transmission by the entrant.
12. Each entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or
participating in the prize(s). Any entrant, prize winner and/or participants in a Promotion event may be
required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a
Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event
or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk.
A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude
participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from
asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the
Promoter’s sole discretion is not able or suitable to participate in any of the experiences for reasons of the
participant’s own or anyone else’s safety.
13. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are
dependent on the internet service provider used. Entrants must submit their entries and/or claims manually
using an internet browser.
14. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines,
computer on-line systems, communication network, computer equipment, software, technical problems or
traffic congestion on the Internet or at any web site, or any combination thereof, including any error,
omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure
or otherwise, injury or damage to entries or to participants’ or any other person’s computer related to or
resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not
capable of being conducted due to circumstances beyond the Promoter’s control, including due to any
technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the
competition subject to approval from any relevant authority.
15. Errors and omissions may 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. 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.
16. As a condition of claiming a prize, the Participant may be required to (at the Promoter’s discretion) 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.
17. The Promoter may communicate or advertise this competition using Facebook and/or Instagram or another
social media platform. However, the competition is in no way sponsored, endorsed or administered by, or
associated with, Facebook or Instagram or any other social media platform. Entrants are providing their
information to the Promoter and not to Facebook or Instagram. Each entrant completely releases Facebook
and Instagram from any and all liability in connection with this Promotion.
18. The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash
(unless the prize is cash). If a prize, or an element of a prize, is unavailable for any reason, the Promoter
reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject
to the approval of any relevant authority. The Promoter and its representatives will not be liable for any
damage to or delay in transit of prizes.
19. The use of any automated entry software or any other mechanical or electronic means that allows an entrant
to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such
means as invalid.
20. Except for any liability that cannot be excluded by law, the Promoter (including its 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, 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 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 the prize.
21. The Promoter and its associated agencies and companies will not be liable for any loss (including, without
limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness
or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection
with this competition or accepting or using any prize, except for any liability which cannot be excluded by law
(in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts,
excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any
applicable law including [Competition and Consumer Act 2010 (Cth)
22. Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the
images submitted by them during this competition. Entrants also irrevocably 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 competition (including any outcome), and promoting any products manufactured, distributed
and/or supplied by the Promoter.
23. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose,
disclose such information to third parties required for the provision of the Prize. Entry is conditional on
providing this information. The Promoter may disclose the information for those purposes to its related
bodies corporate and contractors. If entrants do not provide the information requested they will not be able to
enter the Promotion.
24. In addition to the privacy term set out above, if the entrant has ticked the “opt-in” box, the Promoter may also
use personal information entrants provide to send information about the Promoters products and services
(including via electronic means), and may disclose the information to its related bodies corporate, agencies
and contractors (including call centres, advertising agencies and direct mail houses) the Promoter engages
for that purpose.
25. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a
violation of criminal and civil laws and should such an attempt be made, whether successful or not, the
Promoter reserves the right to refer the matter to law enforcement authorities and/or to seek damages or
such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by
law.
26. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy
of the Promoter’s privacy policy can be viewed at https://www.dulux.com.au/footer/privacy-policy. To
request access to, or to update, personal information the Promoter holds about them, entrants can contact
the office of the Promoter.