By entering the Cisco WebClass promotion (the Promotion ), you agree to the following terms and conditions ( Terms and Conditions ):

Transcription

1 By entering the Cisco WebClass promotion (the Promotion ), you agree to the following terms and conditions ( Terms and Conditions ): 1. AGREEMENT TO TERMS & CONDITIONS 1.1 Participation in the Promotion constitutes Entrant s full and unconditional agreement to and acceptance of these Terms & Conditions and decisions of Promoter, which are final and binding in all respects. 2. WHO CAN ENTER? 2.1 The Promotion is a trade promotion. Authorised under NSW Permit No. LTPS/12/10854 and ACT Permit No. ACT TP 12/ The Promotion is open to any natural person aged 18 years or older who is a resident of Australia and is not (a) an Employee of Promoter its subsidiaries, affiliates, and entities (b) the immediate families (parent, child, siblings, spouse) or member of the same household (whether related or not) of such an Employee. 2.2 Subject to all applicable federal, state, provincial and local laws and regulations. All Entrants are responsible for compliance with any contractual limitations and/or office policies, if any, regarding participation or prize acceptance in the Promotion. 2.3 Corporations and/or business entities are not permitted to enter. Employees and internal contracted vendors of Cisco Systems, Inc., and its parents, subsidiaries, agents, promotion partners, and affiliates (collectively, the Program Entities ) are not eligible. Employees and internal contracted vendors of governments, government agencies, and/or government-affiliated companies or organizations are not eligible to participate. Employees of direct marketing resellers are not eligible. 3. HOW TO ENTER 3.1 The Promotion commences on 1 st January 2013, at am (AEST) and concludes on 27 th June 2013 at pm (AEST) (the Promotion Period ). 3.2 In order to enter, Entrants must: Log on to and fill in all required particulars in the required format and agree to the applicable terms and conditions (eligible Registration ). Each Registrant shall submit only one (1) Entry and such Entry may not be cancelled, removed or revoked by the Registrant. In the event multiple entries are received from one registrant, the first registration will be considered and all the other registrations will be disqualified. Limited to one (1) valid registration per person. Registrations received prior to or after the Promotion Period shall be disqualified. 3.3 In the event of a dispute, the registered account holder of the address used to submit a registration will be deemed to be the person who made the Entry. The authorized account holder is the natural person assigned an address by the partner organization responsible for assigning addresses for the domain associated with the submitted address.

2 3.4. All registrations are deemed to be received at the time of receipt into the database of the completed registrations and NOT at the time of transmission by the Entrant. Entrants will receive an automated acknowledgement once the online entry form has been received. Entry details remain the property of the Promoter and will not be returned to the Entrant Promoter is not responsible for late, lost, delayed, damaged, misdirected, incomplete, void, corrupted, garbled, illegible, and/or unintelligible entries, or for any problems, bugs or malfunctions that the Entrants may encounter when submitting their Entries. Only complete valid Entries will be accepted. Incomplete, garbled, corrupted or otherwise illegible Entries are void and will not be accepted. Promoter reserves the right to disqualify false Entries or Entries suspected of being false. 4. PRIZES 4.1 There will be six (6) prize-winners ( Winners ) and each Winner will win one (1) $200 Westfield gift voucher Total Prize value is a MAXIMUM OF $[200 x 6] (including GST). Prize values are based upon the recommended retail prices and are correct as of 1 December, Prizes are not transferable and cannot be redeemed for cash As a result of this Promotion, a tax liability may arise. It is the responsibility of the Entrant to declare any rewards received as part of this promotion with the Australia Tax Office (ATO). It is not the responsibility of Cisco Systems Australia Pty Limited (the Promoter ) and Cisco Systems Australia Pty Limited advises the Entrant seeks out their own personal taxation advice regarding this The Prizes are awarded nationally and are not allocated per state The Promoter is solely responsible for the fulfillment of the Prize to the Winner. 5. HOW TO WIN 5.1 All Entries completed and submitted in accordance with these Terms and Conditions will be considered for this Promotion. All entrants who enter the promotion will go into a draw. Each completed registration (as per clause 3.3) will be assigned a random number and entered into the draw once (1) per month for six (6) months during the promotion period. A random number generator will be used to conduct the draw on the following dates and times, at Bang Australia, Level 1, Wentworth Ave, Sydney NSW 2000: - 31 st January 2013 at 10:00am AEST - 28 th February 2013 at 10:00am AEST - 29 th March 2013 at 10:00am AEST - 30 th April 2013 at 10:00am AEST - 31 st May 2013 at 10:00am AEST - 28 th June 2013 at 10:00am AEST

3 Winning is contingent upon verification of eligibility and compliance with all requirements herein. 5.2 The Winners will be notified by a telephone call within 24 hours of the draw date and time as outlined in clause 5.1 and will also be notified via . The determination and notification of the Winner (including any decisions as to the Prize distribution) is final, binding and non-appealable. The Promoter will not enter into any correspondence regarding the result The Registrant notified by the Promoter will receive one (1) $200 Westfield gift voucher from the Promoter. Please allow up to 60 working days from the conclusion of the Promotion to receive the Prize. In accordance with 5.2 below it is a condition of the Promotion that the winner must have registered their details to receive the prize In the event that the winner for each draw does not come forward to claim their prize, a redraw will be held on 30 th August :00pm AEST at Cisco Systems, L10, 80 Pacific Highway, North Sydney, NSW In the event of a redraw, winners will be notified by within 24 hours of completion of the draw. 6. NO LIABILITY 6.1 Subject to any restrictions in law, the liability of the Promoter, however such liability arises, including but not limited to liability arising by breach of any condition or warranty implied by statute or of this agreement or of any duty of tort (including negligence) is limited to the total value of the Prize. 6.2 Promoter, its subsidiaries, affiliates, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents, will take no responsibility for Prizes that are damaged or lost in transit or mail that is late, lost or misdirected or for the level of advice provided as part of the Prizes or any reliance on such advice. 6.3 Promoter, its subsidiaries, affiliates, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents, will not be liable for any accident, injury, misadventure, loss (including but not limited to consequential loss) or claim suffered or brought by an entrant: (a) during the Promotion; (b) in the participation of the Prize; (c) as a consequence of late, lost or misdirected mail; (d) as a consequence of any technical failure or the failure to receive confirmation in relation to entries). 6.4 If, for any reason, this Promotion is not capable of being conducted as planned, including, but not limited to, reasons such as tampering, unauthorised intervention, fraud, technical failures or other causes beyond the control of the Promoter which corrupt or affect the administration of security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, subject to any direction from a regulatory body, to disqualify any individual who interferes with the correct entry process, take any action that may be available, and to cancel, terminate, modify or

4 suspend the Promotion, subject to state legislation. In the case of an intervention of an outside act, agent or event which significantly hinders or prevents the Promoter s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, storms, natural disasters, acts of God, civil unrest, strike, war, acts of terrorism, the Promoter may in its absolute discretion, cancel the Promotion and recommence it from the start on the same conditions Notwithstanding anything in these terms and conditions, the Promoter reserves the right at any time, subject to any direction from a regulatory body, to: (a) Cancel or modify the Promotion or any part of the Promotion; (b) Determine and/or vary these terms and conditions without prior notification, including but not limited to the eligibility criteria for the Promotion, the selection of the winners, and the timing and venue of any act to be done, and all entrants, and the Winner shall be bound by such determination and/or amendments; and (c) Substitute, withdraw or cancel the Prize without prior notice and without having to disclose any reason thereof and without payment of any compensation whatsoever PROMOTER, ITS SUBSIDIARIES, AFFILIATES, MAKES NO WARRANTY, REPRESENTATION OR GUARANTY, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE INCLUDING BUT NOT LIMITED TO ITS QUALITY OR SUITABILITY AND PROMOTER AND CISCO HEREBY DISCLAIM ANY RESPONSIBILITY OR LIABILITY RELATING THERETO. 6.8 By participating in the Promotion the Entrants understand and agree that their name may be published by Promoter. The Entrants grant to Promoter and their affiliates an irrevocable right to use the information submitted by them on the Url and (without compensation to Entrant), including, but not limited to, the World Wide Web and the Internet, at any time(s), the Entrants name and logos, portrait, photo, picture, voice, likeness, and biographical information as news, information and for advertising and promotional purposes without additional compensation or review. 6.8 EXCEPT FOR WARRANTIES AND CONDITIONS IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, NEITHER PROMOTER NOR CISCO MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED. 6.9 LIMITATIONS OF LIABILITY: BY PARTICIPATING AND ACCEPTING A PRIZE, EXCEPT FOR LIABILITY UNDER STATUTE WHICH CANNOT BE EXCLUDED, EACH WINNER AGREES THAT PROMOTER, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY CLAIMS, LIABILITY, OR CAUSE OF ACTION FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING WITHOUT LIMITATION PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS CONTEST, OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN EXCLUDES OR LIMITS THE PROMOTER'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT.

5 6.10 DISPUTES: Except where prohibited by law, Entrant agrees that the validity, interpretation, and performance of these Terms & Conditions shall be controlled by and construed under the laws of the State of ACT, Australia, as if performed wholly within the state and without giving effect to the principles of conflicts of law. The State and Federal Courts of ACT shall have exclusive jurisdiction over any claim arising under this Terms & Conditions. 7. THE PROMOTER S DETAILS 7.1. The Promoter is Cisco Systems Australia Pty Limited ACN of Level 10, 80 Pacific Highway, North Sydney NSW 2060, which is a subsidiary of Cisco Systems Inc. located at 170 West Tasman Drive, San Jose, CA 95134, USA Personal information submitted while participating in the Promotion will be used to contact potential winners. Personal information means any information that may be used to identify the Entrant making the entry including, but not limited to, a first and last name, an address, a home, postal or other physical address, other contact information, a title, a birth date, such Entrant 's gender, occupation or industry, or other information needed to meet the obligations of the Promotion. Entrant grants to Promoter and its affiliates an irrevocable right to print, reproduce, publish, use, edit, adapt, display, broadcast and/or modify worldwide in any way, in any and all media, now known or hereinafter developed (without compensation to the Entrant), including, but not limited to, the World Wide Web and the Internet, at any time(s), the winner's name and logos, and the name, portrait, picture, voice, likeness, and biographical information of the Entrant, as news, information and for advertising and Promotion purposes without additional compensation or review. Entrant s consent to assign and transfer irrevocably to Promoter any and all rights, title and interest in the Entry, without limitation, including all copyrights. 8. FORCE MAJEURE. To the maximum extent allowed by applicable law, the Promoter, its affiliates, subsidiaries, and all of their respective officers, directors, employees, representatives and agents shall not be liable, and accepts no responsibility, for (i) any delay, loss, damage, distress or inconvenience for or arising from the Promotion, including any delay, loss, damage, distress or inconvenience related to any prizes howsoever arising; or (ii) for any force major event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Promoters control; or (iii) any costs or expenses associated with any prize which are not expressly stated to be included in the prize, including, without limitation, taxes. Nothing in these terms excludes liability for death or personal injury caused by Promoter s negligence or for any other liability that cannot be excluded by law.