Terms and Conditions for Hire A Hubby Franchise Operations “Nailed It” Competition (“Competition”)
BY ENTERING INTO THE COMPETITION YOU AS A PARTICIPANT ARE AGREEING TO ABIDE BY THE TERMS AND CONDITIONS SET OUT HEREIN AND THAT SUCH TERMS AND CONDITIONS GOVERN THE COMPETITION.
(The headings in the following terms and conditions are for the ease of reference only and do not affect the meaning or interpretation of these terms and conditions.)
The promoter of the Competition is Hire A Hubby Franchise Operations Pty Ltd (ABN 20812365919) of 9B/9-11 Commercial Rd, Kingsgrove NSW 2208 (“Promoter”)
CONDITIONS OF ENTRY
1. Entry is restricted to Australian residents who are registered members of Facebook (“Entrant”). Entry is not open to any Hire A Hubby franchisee or to employees of the Promoter or of any Hire A Hubby franchisee or affiliated companies, agents, wholesalers or retailers of any of the foregoing or to anyone in the immediate families of such employees or to anyone living in the same household of such employees.
2. The Competition commences on 28/09/2017 at 7:00AM Australian Eastern Daylight Standard Time (“AEDST”) and concludes on 31/10/2017 at 11:59PM (“Promotional Period”)
3. To enter the Competition, a participant must during the Promotional Period:
(a) Enter Hire A Hubby Franchise Operations’s Facebook page https://www.facebook.com/hireahubbyau/ (“Facebook Page”) and
(b) Post a photograph of his or her own Do It Yourself (“DIY”) mishap and disaster in and around that participant’s house with the accompanying #NailedIt hashtag
4. A participant under the age of eighteen (18) years must obtain prior permission of his or her parent or legal guardian to enter and that parent or legal guardian may be required to verify the granting of consent and/or sign a release at the discretion of the Promoter. Failure of a participant’s parent or legal guardian to verify consent and/or sign a release if requested will invalidate that participant’s entry.
5. A limit of one entry per person per day applies.
6. The Promoter reserves the right to verify the validity of entries and participants (including a participant’s identity and address) and to disqualify any participant who submits an entry that is not in accordance with these terms and conditions, who tampers with the entry process or who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not within the spirit of the Competition. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
7. Each work (“Work”) submitted as an entry or part of an entry by a participant becomes the property of the Promoter and will not be returned to that participant. As a condition of entry, each participant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including but not limited to copyright) in and to the Work submitted by that participant and consents to the Promoter doing (or omitting to do) any act in respect of the Work which may otherwise constitute an infringement of that participant’s moral rights concerning such Work. For the avoidance of doubt, the Promoter may use all or any part of a participant’s Work for any purpose at its discretion, including but not limited to using the participant’s Work for promotional, marketing or publicity purposes, whether in respect of this Competition, the Promoter, or otherwise.
WARRANTY AND INDEMNITY
8. Each participant warrants that all details provided in the entry of that participant are true and correct and that the entry is the original creation and work of that participant, and does not infringe the rights (including any copyright) of any other person or company. A breach of the warranty set out in this condition will result in the participant’s entry being invalid. Each participant agrees to indemnify the Promoter in relation to all loss, damage or costs incurred by the Promoter resulting from the participant’s breach of warranty.
9. The Promoter accepts no responsibility for late, lost or misdirected entries not received by the Promoter or delays in the delivery due to technical disruptions, network congestion or for any other reason.
10. The winning participant (“Winning Entrant”) will win a Hire A Hubby voucher valued at $1000 (“Prize”). Only one prize will be awarded and the Winning Entrant will be determined on 1 November 2017. The Prize includes all labour and maintenance costs. The value of the Prize is based on the recommended retail prices (inclusive of GST) at the time of the printing of these terms and conditions. The Promoter accepts no responsibility for any change in the value of the Prize between the time of printing as at 26 September 2017 and the date of the ultimate redemption of the Prize.
11. If for any reason whatsoever the Winning Entrant does not claim the Prize by 15 November 2017 and shall have not by that date notified the Promoter of the Winning Entrant’s address to which the Prize should be sent, then the Prize will be forfeited by the Winning Entrant and cash will not be awarded in lieu of the Prize.
12. If the Winning Entrant is under 18 years of age, the Prize will be awarded to the parent or legal guardian of the Winning Entrant.
13. The Prize is not transferrable or exchangeable and is not redeemable for cash.
JUDGEMENT OF ENTRIES
14. Each entry will be judged individually on its merits. Each valid entry will be judged on the basis of the DIY mishap compared to others that are submitted. The Winning Entrant will be the entrant who provides, in the opinion and sole and absolute discretion of the panel of judges, the most creative and skilful entry. This Competition is a game of skill. Chance plays no part in determination of the Winning Entrant. Judging will take place at 10:00AM AEDST on 01/11/2017 at the head office of the Promoter at 9B/9-11 Commercial Rd, Kingsgrove NSW.
15. The Winning Entrant will be notified immediately upon the completion of judgement and will be notified by publication of their name on the Facebook Page.
16. The Promoter’s decision is final and the Promoter is not obliged nor entitled to respond to correspondence from participants about its decision.
CHANGE OF ENTRANT’S PERSONAL DETAILS
17. It is a participant’s responsibility to notify the Promoter during the Promotional Period of any change in the contact details of that participant. A request to access or modify any information provided in an entry should be directed to the Promoter during the Promotional Period .
UNAVAILABILITY OF PRIZE
18. If the Prize is unavailable for any reason whatsoever, the Promoter reserves the right to substitute a prize of equal or greater value.
SENDING THE PRIZE
19. Within fourteen (14) days of the Winning Entrant claiming the Prize the Promoter shall send the Prize to the Winning Entrant’s address of which the Promoter has been given notification by the Winning Entrant. Once the Prize has left the Promoter’s premises, the Promoter takes no responsibility for any damage to or loss in transit of the Prize or delay in its delivery to the Winning Entrant.
COSTS AND EXPENSES
20. Any costs or expenses incurred by a participant in submitting an entry or otherwise participating in the Competition are the sole responsibility of that participant.
21. If there is interference with the Competition or if the Competition is not capable of being conducted as reasonably anticipated due to any reason beyond the control of the Promoter, the Promoter reserves the right in its sole and absolute discretion to disqualify any participant or modify, suspend, terminate or cancel the Competition.
PUBLICITY AND PRIVACY
22. By accepting the Prize the Winning Entrant agrees to participate in and cooperate with all reasonable media editorial requests relating to the Prize, including but not limited to being interviewed, photographed and filmed.
23. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction during the course of or relating to the Competition or unauthorised access to or alteration of the Competition. The Promoter is not responsible for any problems or technical malfunction of any telephone, network or lines, computer on-line systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any damage to any participant’s or other person’s computer related to or resulting from participation in or down-loading any material in this Competition.
25. The laws of New South Wales apply to this Competition. Participants in the Competition submit to the exclusive jurisdiction of the courts of New South Wales.
26. Nothing in these Terms and Conditions limit, exclude or modify or purport to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty (“Non-Excludable Guarantees”) the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void. Subject to the limitation in the preceding sentence, the Promoter excludes from these Terms and Conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to Non- Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including but not limited to negligence) or contract or otherwise any personal injury or any other loss or damage (including but not limited to loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including but not limited to the following:
(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 Competition entry that is late, lost, altered, damaged or misdirected (whether or not after it has been received by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any tax implications;
(e) the Prize or use of the Prize.
27. The Promoter is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering the Competition, participants are fully releasing Facebook from any and all claims that may be asserted against Facebook in respect of or arising out of this Competition. The information which participants in the Competition provide will only be used for the purposes as disclosed in these Terms and Conditions.