Haier Australia – #No1Haier – Post a selfie to Win a share in $100,000 worth of cash and appliances
Haier No. 1 Brand Promotion – Terms and Conditions
Haier Australia·Monday, July 31, 2017
· Please find attached final Terms and Conditions for the promotion stated below
· The timings of the judging and all other Terms and Conditions of the promotion must be strictly adhered to.
· All entrants must be properly advised/directed to the full Terms and Conditions.
SEE WINNER REPORTING REQUIREMENTS NEXT PAGE
NAME OF PROMOTION
HAIER NO.1 BRAND PROMOTION
NAME OF PROMOTER
FISHER & PAYKEL AUSTRALIA PTY LTD
(ABN 71 000 042 080)
LEVEL 1, 1 EDEN PARK DRIVE, MACQUARIE PARK NSW 2113, AUSTRALIA
START DATES OF PROMOTION
CLOSE DATES OF PROMOTION
EXACT TIME AND PLACE OF THE JUDGING(S)
BY 16/09/2017 AT 1 KENT STREET, MILLERS POINT, SYDNEY, 2000 & LEVEL 1, 1 EDEN PARK DRIVE, MACQUARIE PARK, SYDNEY, 2113
ALL ADVERTISING MATERIAL SHOULD CONTAIN THE FOLLOWING INFORMATION:
The full Terms and Conditions;
Or no less than the following:
Any qualifying requirements;
The start and closing date of the Promotion;
The nature and value of the prize(s)
The date time and place of the draw(s);
The method and the date on which the participants will be advised of the results of the lottery;
If premium SMS/ 1900 number– a statement that the maximum cost will be 0.55cents (inc. GST)
How the terms and conditions can be obtained;
The name, ABN and address of the Promoter; and
The permit number for all relevant States and Territories if applicable.
RECORD RETENTION REQUIREMENTS:
To comply with document retention requirements the following records must be kept after the promotion ends on and from the date the last prizes are claimed.
ACT & WA
All records – 12 months.
NSW & SA
All records – 3 months.
The following records must be kept for 3 years after the completion of the lottery:
a. the manner in which entries to the trade promotion were solicited;
b. when and how the trade promotion lottery was drawn; and
c. the names and addresses of the winners of any prize valued at $1,000.00 or more and a description of the prizes won.
No express requirement, although compliance must be shown in the event of a dispute/investigation – therefore 12 months would be suggested as appropriate.
General gaming records – 5 years.
If a promotion is a national promotion, we suggest that all records be held for 5 years from the date that all winners are decided and all prizes are claimed, or as otherwise advised by your accountant for tax reasons. If a promotion is a state based promotion, the promoter should comply with the document retention regulations set down by each state, as noted above.
HAIER NO.1 BRAND PROMOTION
CONDITIONS OF ENTRY
Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
2. Entry is only open to residents of Australia who live in a house, unit or apartment complex with the street number 1 (including houses, units or apartment complexes numbered 1A or 1B etc) (Eligible Address) (Entrants).
3. The Promoter (and their immediate families) and the directors, management and employees (and their immediate families) of the Promoter and each of their related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. 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.
4. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If each winner of a prize is aged under 18 years, the prize will, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to each winner entering the promotion on behalf of each winner.
5. The promotion commences at 9:00am (AEST) on 31/07/2017 and ends at 11:59pm (AEST) on 03/09/2017 (Promotional Period).
HOW TO ENTER
6. To enter the promotion, Entrants must, during the Promotional Period:
a. live at an Eligible Address;
b. become a registered user of Instagram (Entrants who are already registered users of Instagram will not be required to complete this step). Entrants must ensure that their Instagram account is set to ‘public’;
c. post a creative photo of themselves and their household in front of their Eligible Address on their Instagram account with the hashtag #No1Haier; and
d. have their photo accepted as a valid entry. An entry is not complete and accepted until this step has occurred,
(together, an Entry).
7. Only one (1) Entry per household is permitted. Any subsequent Entry of a household after the first valid Entry is received from that household will be deemed invalid. For the purposes of this promotion, a ‘household’ is deemed to be the residential address of an Entrant as identified in their Entry.
8. The decision by the Promoter to accept or reject an entry is in the Promoter’s sole discretion and no correspondence will be entered into. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any entry which the Promoter considers to be disparaging of any of its or any prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.
9. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries.
10. Costs associated with accessing Instagram remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
11. Entrants acknowledge that their personal Instagram page may be updated by entering the promotion and that their Entry and their name, locality, username and/or profile photograph may be featured on the Promoter’s Instagram page, on the Entrant’s personal Instagram page and generally on Instagram for public viewing during the Promotional Period.
12. Instagram membership, applications and use of Instagram generally are subject to their respective prevailing terms and conditions of use at instagram.com/legal/terms/#. The promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Instagram.
13. All eligible Entries will be judged by a panel of appropriately qualified judges by 16/09/2017 at 1 Kent Street, Millers Point, Sydney, 2000 & Level 1, 1 Eden Park Drive,
Macquarie Park, Sydney, 2113 to determine the winners. All eligible Entries will be judged on a basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. Each winner will be notified via a comment on their Entry on their Instagram account within five (5) days of the judging and their name and locality will be published on the Promoter’s Instagram and Facebook page. All reasonable steps to notify each winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
14. Entrants acknowledge that in the event that their Entry is judged to be a winning Entry, the Promoter will contact the Entrant via Instagram and the Entrant will be required provide their full name, current email address and contact number and any other actions to be taken to begin the prize claim, including but not limited to verification of their eligible address.
15. The fifty (50) Entries judged to be the best from all eligible Entries received during the Promotional Period will each win one (1) AUD$1,000 cash prize (Cash Prize) AND one (1) Haier appliance of their choice from a selection of appliances as determined by the Promoter (including delivery), valued at up to AUD$999.00 each (Appliance Prize) plus free delivery, (each, a Prize).
16. The Cash Prize will be provided to each winner by electronic funds transfer to a bank account nominated by each winner in writing.
17. Redemption of the Appliance Prize is subject to availability. Each winner must inform the Promoter in writing of their choice of the Appliance Prize and other requested details (as applicable) within fourteen (14) days from the date each winner is notified by the Promoter that they have won, otherwise the Appliance Prize may be forfeited. Once each winner confirms their selection with the Promoter, no changes may be made to the Appliance Prize by each winner. No refunds, returns or exchanges are permitted. All ancillary costs or accessories not expressly included are the responsibility of each winner.
18. The precise date for the delivery of the Appliance Prize will be subject to the availability of the applicable Appliance Prize supplier and reasonable notice being given to the Promoter. The delivery will take place at a reasonably determined time according to the respective schedules of each winner, the Appliance Prize supplier and the Promoter. Once the delivery is booked and confirmed by the Promoter or its agent, no changes may be made to the booking by each winner unless agreed to by the Promoter in its sole discretion. In the event that no suitable time and date for the delivery is able to be arranged between a winner, the Appliance Prize supplier and the Promoter, the delivery and component of the Appliance Prize will be forfeited with no compensation payable to each winner.
19. the promoter reserves the right to request a winner produce (within the requested time) appropriate photo identification or other documentation (to the promoter’s satisfaction, at its sole discretion) in order to confirm the identity, age and address of each winner before issuing a prize.
20. It is a condition of accepting a Prize that each winner may be required to sign legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion. If a winner is under 18 years of age, their parent or legal guardian must also agree to and sign such documents.
21. The total maximum prize pool value is up to AUD$100,000. The Prize is not transferable or exchangeable and the Appliance Prize cannot be taken as cash. The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value. All Prize values are the recommended retail price, including GST.
22. The Promoter may award a Prize to an Entrant who submitted the next best judged Entry by 02/10/2017 in order to award a Prize if unclaimed by that date. The unclaimed prize winner(s) (if any) will be notified in writing by 30/10/2017. All reasonable steps to notify the unclaimed prize winner(s) (if any) of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
23. Entrants can only enter via one (1) Instagram account. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
24. As a condition of entering this promotion, an Entrant (or their parent of legal guardian, if each winner is aged under 18 years) consents to, in the event they are a winner, the Promoter using the Entrant’s Entry, name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome),and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant (or their parent of legal guardian, if the winner is aged under 18 years) agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
25. A Prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
26. By entering the promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
27. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter’s brands, logos, trading names, products and/or services and the Promoter’s website will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
28. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.
29. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
30. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of Instagram and the information on Instagram, or to otherwise 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 seek damages to the fullest extent permitted by law. If the Promoter suffers Loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs.
31. If a Prize or element of a Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
32. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize.
33. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged Entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable).
34. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and, where appropriate, award the Prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
35. If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
37. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
38. Each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of the State of the registered office of the Promoter and each Entrant submits to the exclusive jurisdiction of the courts of that State and any courts competent to hear appeals from those courts.
39. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
40. Promoter: Fisher & Paykel Australia Pty Ltd (ABN 71 000 042 080) Level 1, 1 Eden Park Drive, Macquarie Park NSW 2113, Australia. Telephone number: 1300 650 590.