YATES CONSUMER PROMOTION TERMS AND CONDITIONS By entering into the Yates Consumer Promotion Competition ( the Competition ), you are agreeing to the following terms and conditions: 1. STANDARD TERMS 1.1 Information on how to enter forms part of the terms of entry. 1.2 Incomplete or illegible entries will be deemed invalid. 2. WHO CAN ENTER? Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, participating stores and agencies associated with this Competition are ineligible to enter. Immediate family means any of the following: spouse, exspouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin. 3. HOW TO ENTER & CONDITIONS OF ENTRY 3.1 The Competition commences on 1 September 2015 and entries close at 11.59pm in your State or Territory on 16 October 2015 ( Promotional Period ). 3.2 To be eligible to enter and receive an official entry form, individuals must, during the Promotional Period, purchase any Yates product ( Promotion Product ). 3.3 To enter individuals must, during the Promotional Period, purchase any Promotion Product and complete the official entry form available from the Promoter s website (detailed below) or some Promotion Product stockists and either post the official entry form to the address stated on the official entry form or enter online at www.yates.com.au/growandwin on or before 11.59pm in your State or Territory on 16 October 2015. 3.4 Multiple entries are not permitted. Only one (1) entry is permitted per person after purchase of Promotion Product during the Promotional Period. 3.6 Entrants must retain their original purchase receipt and the Promotion Product barcode for entry as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant s entry and forfeiture of any right to a prize. The purchase receipt must clearly specify that the purchase was made during the Promotional Period and prior to entry. 3.7 Each eligible entrant will go into the draw to win. 3.8 Entrants consent to the Promoter using their name and postcode 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. 4. PRIZES 4.1 The total prize pool for this Competition is A$16,099.50 (inclusive of GST). 4.2 The prizes to be won are: 1 x trip to Amsterdam for two people valued at RRP A$12,600.00 (inclusive of GST) including: (i) two return economy class tickets from Sydney to Amsterdam; 1
(ii) (iii) (iv) five nights accommodation in a five star hotel in the centre of Amsterdam in a double room; hop on hop off pass for two to the Keukenhof Gardens Tour (open only during the period from 24 March 2016 to 16 May 2016); A$1,000.00 spending money; and (v) airport transfers from the destination airport to specified hotel. (Major Prize); and 10 x black FitBit Surge fitness watch valued at RRP A$349.95 (inclusive of GST) each (Secondary Prize). 4.3 The following conditions apply to the Major Prize: The Promoter will pay for the Major Prize winner and his/her travel companion to fly in economy class from any Australian city to Sydney or any other major airport from which the flight to Amsterdam may depart. Except from the expenses set out in clause 4.3, any and all other expenses become the responsibility of the winner. The winner (and their travel companion) are responsible for all expenses other than those specified in these Terms and Conditions, including but not limited to spending money, transfers, meals, drinks, incidentals, minibar, laundry, room service, telephone calls, activities, insurance, taxes (including departure taxes), energy surcharges, gratuities, service charges, passports, travel insurance and all other ancillary costs. Travel insurance is the responsibility of the winner and their travel companion. The Promoter is not liable for any costs incurred if the winner or their companion travels without insurance. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. (c) (d) (e) The winner agrees that they will not, and will ensure that their travel companion does not, sell or otherwise provide their story in relation to this competition, and/or photographs, to any media or other organisation. The Major Prize, or any unused portion of the Major Prize, is not transferable. The Major Prize will expire on 31 December 2016 (Expiry Date). The Major Prize winner must travel to Amsterdam between 1 November 2015 and 31 December 2016 (Travel Period). Travel is subject to availability at all times. If the Major Prize winner wishes to travel outside the Travel Period, they must consult the relevant agent and pay any excess costs. (f) If for any reason a winner does not, after accepting the Major Prize, travel to Amsterdam before the Expiry Date, in accordance with clauses 4.3(e) and (f), then the Major Prize (or that element of the Major Prize) may be forfeited at the Promoter s absolute discretion. (g) If the Major Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Major Prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. (h) (i) Full details of the Major Prize can be obtained by telephoning the Promoter. The winner of the Major Prize and his/her travel companion are responsible for 2
compliance with any health, passport, visa and other requirements for entry into the Netherlands, any country en-route and for return to Australia (Entry Requirements). The winner of the Major Prize and his/her travel companion are responsible for making themselves familiar with, and following, the Australian Government's travel advisory and consular assistance advice available at www.smarttraveler.gov.au. (j) By accepting the Major Prize, the winner and his/her travel companion acknowledge that the Major Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in or connection with the Major Prize. 4.6 The following conditions apply to the Secondary Prize(s): Each Secondary Prize is not transferable or exchangeable and cannot be taken as cash. If a Secondary Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Secondary Prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 5. THE DRAW, DRAW SCRUTINY & REDRAW 5.1 The draw for the Major Prize and the Secondary Prizes will be conducted by an independent scrutinieer at The Consortium Centre, 1 Basalt Road, Pemulwuy NSW 2145 at 12 noon AEST on Friday 30 October 2015. The first valid entry drawn will win the Major Prize and the next ten (10) valid entries drawn will win one (1) Secondary Prize each (Original Draw). 5.2 Each winner will be notified in writing within two (2) business days of the draw and each winner s name and postcode will be published in the Australian newspaper on Monday, 9 November 2015. 5.3 The independent scrutinieer s decision is final and no correspondence will be entered into. 5.4 Each winner has 90 days to claim their prize and/or advise the Promoter of his/her acceptance of the prize. If any Secondary Prize is unclaimed after 90 days from the Original Draw or the winner of the Major Prize does not notify the Promoter of his/her acceptance of the Major Prize within 90 days from the Original Draw or is not contactable within such period, then there will be a redraw conducted by the Promoter for any unclaimed Secondary Prize(s) and/or the Major Prize. In such event, a redraw will take place on 8 February 2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners will be notified in writing within two (2) business days of the redraw. 6. PROMOTER S RIGHTS 6.1 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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. 6.2 If this Competition 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: 3
to disqualify any entrant; or subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate. 6.3 The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties including but not limited to agents, employees and service providers assisting with this Competition. Entry is conditional on providing this information. The Promoter will keep your personal information for only as long as is necessary to carry out the purpose(s) described above (unless we are required or permitted by law to hold the information for a longer period). The Promoter may, if the entrant has opted in on the entry form, and, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant in accordance with the Promoter s privacy policy at http://www.yates.com.au/privacy Entrants should direct any request to access, update, correct information or opt out to the Promoter. 6.4 All entries become the property of the Promoter. 7. NO LIABILITY OF THE PROMOTER 7.1 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in their absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to state government legislation. 7.2 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 ). 7.3 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 the Competition, including but not limited to the following: (c) (d) (e) (f) any technical difficulties or equipment malfunction (whether or not under the Promoter s control); any theft, unauthorised access or third party interference; any entry 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; any loss or damage to an Secondary Prize in transit; any tax liability incurred; or the use or enjoyment of the Major Prize or Secondary Prize. 4
7. PROMOTER S DETAILS The Promoter is Yates Australia, a business division of DuluxGroup (Australia) Pty Limited (ABN 67 000 049 427), of 15 Gow Street, Padstow, NSW 2211, Telephone Number: 1300 369 074 8. NO LIABILITY OF FITBIT This Competition is in no way sponsored, endorsed or administered by, or associated with, Fitbit Inc. Each entrant completely releases FitBit Inc from any and all liability. 9. PERMIT NUMBERS New South Wales Permit No - LTPS-15-04646; Australian Capital Territory Permit No - 15/06296; and (c) South Australia Permit No - T15/1052. 5