OMO COSTCO “WIN A WASHING MACHINE” 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. The Promoters are Unilever Australia Limited (ABN 66 004 050 828) of 219 North Rocks Rd, North Rocks NSW 2151 and Costco Wholesale Australia Pty Ltd (ABN 57 104 012 893) of 17-21 Parramatta Rd, Lidcombe, NSW 2141
3. Entry is only open to Australian residents aged 18 years or over.
4. Employees (and their immediate families) of the Promoters 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.
5. Promotion commences 12.01am AEDST 05 December, 2016 and ends at 11.59pm AEDST on 24 December, 2016 (“Promotional Period”).
6. To enter, individuals must, during the Promotional Period:
(a) buy any OMO product at any participating Costco store within Australia (“Qualifying Transaction”);
(b) correctly complete the entry form found in store including all requested information, including the entrant’s Costco Membership Number, full name, contact number;
(c) answer the question “What is your top tip to brighten your laundry day?” (in 25 words or less), and submit the fully completed entry form; and
(d) Place the completed entry form in the Promotion Entry Box provided at the OMO Display in each store before the end of the Promotional Period.
7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless on the number of OMO products in excess of one (1) purchased within the transaction); (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.
8. Entrants must retain either the original or a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoters, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify Costco as the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
9. If there is a dispute as to the identity of an entrant, the Promoters reserve the right, in its sole discretion, to determine the identity of the entrant.
10. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question and will take place at the offices of Costco at 17-21 Parramatta Rd, Lidcombe, NSW 2141 between Tuesday Dec 27, 2016 and Tuesday Jan 3, 2017. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
11. The winner(s) will be announced and notified by phone on or around Friday, Jan 6, 2017. Judging will be conducted to distribute any unclaimed prize within 14 days following the initial judgement at the same place as the original judgment. The new winner(s) will be announced and notified by phone within 14 days following the initial judgement.
12. The Promoters reserve 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 Promoters have 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 Promoters’ discretion. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoters’ legal rights to recover damages or other compensation from such an offender are reserved.
13. Incomplete or indecipherable entries will be deemed invalid.
14. The Promoters’ decision is final and no correspondence will be entered into.
15. Major Prizes: The best eight (8) valid entries, as determined by the judges, will each win: one (1) x Simpson SWF12743 Ezi Sensor 7kg Front Load Washing Machine valued at $719 (RRP).
16. Prizes will be delivered to winner’s nominated address. Prize may take up to 90 days to be delivered.
17. If for any reason a winner does not take a prize (or an element of the prize) at or by the time stipulated by the Promoters, then the prize (or that element of the prize) will be forfeited.
18. If any prize (or part of any prize) is unavailable, the Promoters, in their discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
20. Total prize pool value is $5,752 (based on RRP value of prizes).
21. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoters shall not be liable in any way for such Content to the full extent permitted by law. The Promoters may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoters may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoters for any breach of the above terms.
22. As a condition of entering this promotion, each entrant licenses and grants the Promoters, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
23. Entrants consent to the Promoters 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 Promoters.
24. 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 Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserve the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
25. 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their 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.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) are 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 Promoters’ 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 Promoters) due to any reason beyond the reasonable control of the Promoters; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if any tax liability incurred by a winner or entrant; or (f) use of a prize.
27. 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 Promoters and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.