TERMS & CONDITIONS
|| Win a SEARSMITHS Forge Competition 2018
||Game of skill
||Zuers Pty Ltd (ABN 77 612 775 210) of PO BOX 21, Belrose West NSW 2085
Start date: 05/05/18 at 12:01 am AEST
End date: 16/06/18 at 11:59 pm AEST
||Entry is only open to Australian residents aged 18 years or over.
|How to Enter:
To enter the Promotion, the entrant must complete the following steps during the Promotional Period:
- sign up to the SEARSMITHS newsletter via the sign-up/entry form or via the Promoters Facebook page; and
- fully complete and submit the sign-up/entry form with their personal details (including first name, last name, email address, mobile, full address and date of birth) and describe in 25 words or less why they want a SEARSMITHS Forge.
||Only one (1) entry permitted per person.
|Total Prize Pool:
||The SEARSMITHS Forge
The judging will take place on the 18/06/18 at
Belrose West NSW 2085.
||The winners will be contacted by email or phone within ten (10) business days of the judging date.
||Prize must be claimed by 5:00 pm AEST 7/07/18. Unclaimed prize will be forfeited.
1. The following conditions of entry, including information on how to enter and prize details (collectively the “Terms and Conditions”) apply to this Promotion. By submitting an entry, you confirm that you have read and understood, and agreed to abide by, the Terms and Conditions, and you specifically acknowledge that you understand that the Promotion is no way sponsored, endorsed or administered by or associated with Facebook. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not Facebook. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
2. The Promotion is a game of skill, and chance plays no part in determining the winners.
3. In each case, entries will be deemed to be accepted at the time the entry is received online by the Promoter, via its servers and not at the time of transmission by the entrant. The Promoter accepts no responsibility for any entries not received by the Promoter or delays in the delivery of the entries that may interfere with an entrant’s ability to participate in the Promotion due to technical disruptions, network congestion or for any other reason. Incomplete, illegible, indecipherable or incorrect entries are invalid. The Promoter has complete discretion of all decisions in relation to the eligibility of entrants, and no correspondence will be entered into in this regard.
4. The Promoter, its agents, affiliates or representatives will not be liable for any lost, late or misdirected entries.
5. 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 first cousin.
6. Promotion commences at 12:01 am on 05/05/2018 and final entries close at 11:59 pm on 16/06/2018 (“Promotional Period”). All times indicated in these Terms and Conditions are in Australian Eastern Standard Time (“AEST”).
7. To enter the Promotion, individuals must complete the following steps during the Promotional Period:
(a) follow the prompts on the Facebook sign up and win advertisement;
(b) input the requested details (first name, last name, email address, full address, mobile, date of birth and tell us in 25 words or less why you want a SEARSMITHS Forge); and
(c) submit the completed sign-up/entry form.
8. 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.
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. All Entries will be judged based on the content and creativity of the answer to the “Why do you want to win the SEARSMITHS Forge?”, by a panel of judges at SEARSMITHS at Belrose West NSW 2085. The entries judged as the most deserving and creative, from all entries received, by the panel of judges will win the prize.
11. The winner will be notified by phone and/or in writing by email, and their name may be published on the Promoter’s Facebook Page.
12. The Promoter’s decision is final and no correspondence will be entered into regarding the results.
13. The prize is not transferable and cannot be taken as cash. The prize must be taken as described and no compensation will be payable if a winner is unable to use the prize as described.
14. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
15. The prize value is correct at time of printing, but no responsibility is accepted for any variation in the value of the prize.
16. The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
17. The delivery date of the prize is subject to Australian certification and any potential delays in manufacturing. Delivery of the prize may take up to six (6) months from the time the winner has been successfully contacted.
18. Once the prize has left the Promoter’s premises, the Promoter takes no responsibility should the prize be damaged, delayed or lost in transit.
19. Any tax liability arising as a result of accepting any prize is the responsibility of the winner.
20. Subject to an unclaimed prize, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
21. Entrants consent to the Promoter using their name, likeness, image, voice and/or social media posts content 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.
22. 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.
23. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used by the entrant. Unless expressly stated in these Terms and Conditions, all costs expenses associated with using the prize including but not limited to travel, incidentals, transfer costs, meals, taxes, insurance and other ancillary costs are the responsibility of the winner, as incurred.
24. 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 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in 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.
25. 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) taking/use of a prize.
26. As a condition of accepting a prize, each winner may be required to 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.
28. 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 https://facebook.com/terms.php.
29. 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 a prize), except for any liability which cannot be excluded by law. By entering this competition each eligible entrant releases Facebook from any action or claim arising out of the competition. Any questions, comments or complaints regarding this competition must be directed to the Promoter, not Facebook.
30. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.