RYOBI – Notified In Writing Within Two (2) Business (prize valued at $5,000)

“MYRYOBI CONSUMER DECEMBER 2019” 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.
3. 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, step-parent, grandparent, step-grandparent, uncle, aunt, niece,
nephew, brother, sister, step-brother, step-sister or 1st
cousin.
4. Promotion commences on 01/12/2019 and closes at 11:59pm AEDST on 07/01/2020
(“Promotional Period”).
5. To be eligible to enter, individuals must undertake the following steps during the
Promotional Period:
– Visit www.ryobi.com.au and follow the prompts to the promotion entry page;
– Input the requested details including first name, last name and valid email
address;
– Complete the questionnaire in full;
– Opt-in to receive the Promoters marketing material; and
– Submit the fully completed entry form.
6. Only one (1) entry is permitted per person.
7. 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.
8. Incomplete or indecipherable entries will be deemed invalid.
9. 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.
10. The draw will take place at Techtronic Industries Australia Pty Ltd, 31 Gilby Road,
Mount Waverley VIC 3149 on 14/01/2020 at 3:00pm AEDST. The Promoter may
draw additional reserve entries and record them in order in case an invalid entry or
ineligible entrant is drawn. Winners will be notified in writing within two (2) business
days of the draw and their names will be published at
http://www.ryobi.com.au/winners from 28/01/2020.
11. The Promoter’s decision is final and no correspondence will be entered into.
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12. The first five (5) valid entries drawn will each win a $1,000 Flight Centre Voucher.
13. Any ancillary costs associated with redeeming the Flight Centre Voucher are not
included. Any unused balance of the Flight Centre Voucher will not be awarded as
cash. Redemption of the Flight Centre Voucher is subject to any terms and
conditions of the issuer including those specified on the Flight Centre Voucher.
14. Subject to the unclaimed prize draw clause, if for any reason a winner does not
redeem a 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.
15. If any prize is unavailable, the Promoter, in its discretion, reserves the right to
substitute the prize with a prize to the equal value and/or specification, subject to any
written directions from a regulatory authority.
16. Total prize pool value is $5,000.
17. Prizes, or any unused portion of a prize, are not transferable or exchangeable and
cannot be taken as cash.
18. A draw for any unclaimed prizes may take place on 15/04/2020 at the same time and
place as the original draw, subject to any directions from a regulatory authority.
Winners, if any, will be in writing within two (2) business days of the draw and their
names will be published at http://www.ryobi.com.au/winners from 29/04/2020.
19. 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.
20. 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) subject to any written directions
from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as
appropriate.
21. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to
limit, exclude or modify the statutory consumer guarantees as 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.
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23. 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.
24. 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 https://www.ryobi.com.au/privacy. 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 PI to any entity outside of Australia.
25. The Promoter is Techtronic Industries Australia Pty Limited (ABN 98 002 277 509) of
31 Gilby Road, Mount Waverley VIC 3149, telephone 1300 361 505.
NSW Permit No. LTPS/19/40188 ACT Permit No. TP19/04700