CAROMA INDUSTRIES LTD SOCIAL MEDIA COMPETITION TERMS AND CONDITIONS: GAME OF SKILL (AUSTRALIA)


1. Information on how to enter this promotion (“Promotion”), the prizes and rules for redeeming the prizes form part of these terms and conditions. Participation in this Promotion is deemed acceptance of these terms and conditions.
2. Any entry which does not comply with these terms and conditions is invalid. Incomplete, indecipherable or illegible entries will be deemed invalid.
3. Entry is open to Australian residents [aged 18 years or over] (“Eligible Entrants”). Employees of Caroma Industries (“Promoter”) or its associated companies, employees of any agencies associated with this Promotion and the immediate families of any such employees are not eligible to enter.
4. The Promotion commences on 13th Nov 2020 at 2pm AEST and concludes on 24th Nov 2020 at 11.59pm AEST (“Promotional Period”).
5. This Promotion is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on it’s originality and creativity.
6. To submit a valid entry, Eligible Entrants must follow the official Caroma Instagram or Facebook page, comment your answer to ‘Tell us someone who deserves this package in their life’. If entering on Instagram the entrant needs to tag the person in the post comments. It is the responsibility of an Eligible Entrant to ensure that the social media account from which they submit a valid entry is on public display and contains adequate details to allow the Promoter to identify the Eligible Entrant for the purposes of determining a winner.
7. All copyright works, including photos, videos and/or text, submitted as an entry in this Promotion must be the Eligible Entrant’s original work and not copied or sourced from any third party, including from the Internet or other social media accounts. If the Eligible Entrant did not take the photo or video, or write the text, which forms part of their entry, the Eligible Entrant must obtain written consent from the person who took the photo or video, or wrote the text, and provide such consent to the Promoter on request.
8. Each Eligible Entrant warrants to the Promoter in respect of each copyright work submitted as an entry in this Promotion that:
(a) the work does not contain any trade marks, except those of the Promoter as relevant to this Promotion;
(b) the work does not contain any music unless that music is royalty-free;
(c) the work does not otherwise infringe the rights of any third party, and all efforts have been taken to avoid any such infringement including by adequately obscuring any copyright works such as logos or brands;
(d) the Eligible Entrant is the author of the work; and
(e) the Eligible Entrant owns the copyright in the work and is entitled to submit the work as part of and for the purposes of this Promotion.
9. Eligible Entrants license on an exclusive basis and consent to inclusion of all copyright works comprised in their entry in any of the Promoter’s promotions or advertising for any product:
(a) without attribution; and
(b) with changes to the work of any kind made by the Promoter for the purposes of the Promoter’s business activities.
10. By entering the Promotion, each Eligible Entrant warrants that each entry is not offensive, inappropriate, defamatory, does not infringe the rights of any third party including copyright or trade mark rights, or is not otherwise against the law. The Promoter may, in its sole discretion, edit entries including to obscure brands or logos, or any other copyright works or trade marks. The Promoter may, in its sole discretion, take down an entry from any platform, or disqualify an entrant for an entry, that it deems to be offensive, inappropriate, defamatory, that infringes the rights of any third party including copyright or trade mark rights, or is otherwise against the law.
11. Eligible Entrants may enter as many times as they like provided that the content comprised in each entry is different.
12. Entries are deemed to be received at the time of receipt by the Promoter rather than at the time of submission by the Eligible Entrant. The Promoter is not responsible for failure to receive any entry, whether for any cause beyond its control or otherwise.
13. The Promoter may verify the validity of entries and may disqualify any entrant for any reason at the Promoter’s absolute discretion.
14. Each valid entry will be reviewed by an internal judging panel and assessed on its merits according to entry criteria Assessment of entries is at the absolute discretion of the panel.
15. The panel will select one winner to win the Major Prize. The Major Prize is an ‘Ultimate Linen Bathe Package’ from In the Sac which includes a linen robe valued at $239, a linen hand towel valued at $39.95, a linen bath towel valued at $139.95. Total package valued at $418.90 (GST inclusive).
16. The name of the winner will be published on the Promoter’s Facebook/Instagram page, on Wednesday 25th Nov 2020. The winner must contact the Promoter via direct message on Facebook or Instagram within 7 days of this publication to provide personal details for the delivery of the prize. Eligible Entrants should not post personal information on the Promoter’s public page. If a winner fails to provide their personal information for delivery of the prize within 7 days of the announcement of the winner the Promoter may, in its absolute discretion, select an alternative winner for the prize.
17. Entering the Promotion does not guarantee that an Eligible Entrant will win a prize or derive any other benefit. Prizes are awarded in the panel’s sole discretion. The Promoter is not responsible in any way for the decisions, actions or conduct of the panel. Decisions in respect of all aspects of the Promotion are final.
18. The total prize pool is valued at $418.90 (GST inclusive). Prizes are not transferable and cannot be taken as cash. Prize values are correct at the time of printing but no responsibility is accepted for any variation in the value of any prizes.
19. The Promoter is not liable for any loss or damage, including indirect or consequential loss or damage, or personal injury suffered during the course of the Promotion or of accepting or using a prize, except for any liability that cannot be excluded by law. Each Eligible Entrant indemnifies the Promoter against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Promoter in relation to any breach by the entrant of its obligations under these terms and conditions.
20. A winner may be required to sign a waiver of liability and indemnity in favour of the Promoter in respect of a prize, in the form determined by the Promoter.
21. The winner should look to the manufacturer of products awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Australian Consumer Law) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
22. The Promoter may refuse to allow a winner (and companions) to take part in any or all aspects of a prize if the Promoter determines that the winner or companions are not in the mental or physical condition necessary to be able to safely participate.
23. All decisions made by the Promoter in respect of the Promotion are final and no correspondence will be entered into.
24. Prizes will only be delivered in Australia and winners should allow 28 days from prize draw for delivery of their prize.
25. If any prize item is unavailable despite the Promoter’s reasonable endeavours to procure it in Australia, the Promoter may substitute a different prize item of equal or greater value.
26. If the Promotion is not able to be run as planned, whether caused by computer virus, line drop-out or congestion, tampering, unauthorised intervention, fraud, technical failures or other cause beyond the control of the Promoter which affects the administration, security, fairness or integrity of the Promotion, the Promoter may cancel, terminate, modify or suspend the Promotion. The Promoter may disqualify any individual who tampers with the entry process.
27. All entries become the property of the Promoter. Eligible Entrants agree to the use of their image, their name and the content of their entry, including any photo or video content, for publicity regarding the Promotion and the Promoter.
28. All details of Eligible Entrants will be held in accordance with the Promoter’s privacy policy which can be viewed at www.caroma.com.au. Entrants acknowledge that it is a condition of taking a prize that they agree to the use of their name and suburb for publicity regarding the Promotion, without additional compensation.
29. To the extent permitted by law, each Eligible Entrant:
(a) releases Facebook and Instagram from any liability against the Eligible Entrant in relation to their entry/s; and
(b) acknowledges that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.
30. As a condition of entry, each Eligible Entrant must sign any legal documentation as, and in the form, required by the Promoter and entities associated with the Promotion and/or prize suppliers in their absolute discretion, including but not limited to a copyright assignment, a legal release and indemnity form.
31. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
32. The Promoter is Caroma Industries Limited, ABN 35 000 189 499. 1 Melito Court, Prestons NSW 2170.