TERMS AND CONDITIONS

INSTAGRAM & FACEBOOK – PHOTO AND # PROMOTION

PROMOTION EXTENDED UNTIL 29/9/2020

  1. The promoter of the “2020 Bref Deluxe Luxury Loo” trade promotion (“Promotion”) is Henkel Australia Pty Ltd ABN 82 001 302 996, located at 135-141 Canterbury Road, Kilsyth VIC 3137, phone (03) 9724 6444 (“Promoter”)
  2. Information on how to enter and the selection and distribution of prizes forms part of these Terms and Conditions (“Terms”). By submitting a photo captioned #LuxuryLoo on Facebook or Instagram and otherwise participating in this Promotion, entrants agree to be bound by these Terms. Entries must comply with these Terms to be valid. Entry is open to residents of Australia aged 18 years of age and over. Employees and their immediate families of the Promoter and its agencies associated with this competition, as well as paid ambassadors of the Promoter, are ineligible to enter.
  3. The Promotion commences at 12:00am AEST on 07/08/2020 and closes at 4:00pm AEST on 29/09/2020 (“Entry Period”).
  4. No entry fee is required to enter the Promotion.
  5. To enter, each entrant must submit a Qualified Entry during the Entry Period, via a post to their own Facebook or Instagram account (both, “Platforms”). Each “Qualified Entry” must meet the following criteria to be eligible for the Promotion:
    (a) the post must include an image of the entrant’s toilet featuring the new Bref Deluxe, along with a status update for posts on Facebook or a caption for posts on Instagram;
    (b)  the post must include the hashtag #LuxuryLoo;
    (c)   the photo in the post must be ‘public’ (so it is viewable for judging); and
    (d)  the photo in the post must feature Bref Deluxe and images which do not feature Bref Deluxe will be deemed void.
  6. Only the entrant will be eligible to win the prize. Multiple Qualified Entries will be accepted, however, each Qualified Entry must be unique and posted separately.
  7. Entries must be posted by the entrant during the Entry Period. Entries received after 4:00pm AEST on 29/09/2020 will not be accepted. Entries are deemed to be entered into the Promotion at the time the #LuxutyLoo hashtag is added to Facebook or Instagram post by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of entry.
  8. This Promotion is a game of skill. Chance plays no part in determining the winner(s). All entries will be judged individually on their originality and/or creative merit. The best entry, as determined by the judges, will receive a prize. The judges’ decisions are final and binding – no correspondence will be entered into.
  9. Judging will take place at 10:00am AEST on 05/10/2020 at The Conversion Group, Unit 4, 52 Queen St, Beaconsfield, NSW 2015. Entries will be judged by a panel of judges from the Promoter and The Conversion Group.
  10. Five prizes of AUD$1,000 freedom gift cards each will be awarded. The total value of all prizes will be AUD$5,000.
  11. In addition to the selecting the five winning entries, 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, or an unclaimed prize.
  12. The winner will be notified via the Platform that their entry was posted to by 12:00pm AEST on 7/10/2020 as follows:
    (a) Facebook: via direct private message to the winner’s profile; or
    (b) Instagram: via a direct private message to the winner’s account. The winner acknowledges that, in order to receive the message from the Promoter the winner must accept the Promoter’s request to “follow” in their request queue.

    The winner must respond to the private message by 10:00am AEST on 9/10/2020 in order to verify their identity and provide their full name and address details in order to receive the prize. The name of the prize winners will also be published at www.brefluxuryloo.com.au on 6/10/2020.

  13. If a winner does not respond to the Promoter’s direct private message in accordance with clause 12, that winner will forfeit the prize and the prize will be awarded to the next best entry (as set out in clause 11). The Promoter will not be liable for a winner who does not respond to the Promoter’s direct private message or who does not accept the Promoter’s “follow” request and therefore forfeits their prize and no correspondence will be entered into.
  14. Prizes will be delivered to winners within 28 days after judging. If any winner chooses not to accept their Prize (or is unable to), or does not accept or claim a Prize by the time specified by the Promoter, they forfeit the Prize and that Prize will be deemed an unclaimed prize
  15. Prizes are not transferable nor exchangeable, and may not be redeemable for cash.
  16. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.
  17. It is a condition of accepting the Prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the Prize.
  18. The prizes are provided to the Promoter by a third party (the “Prize Issuer”), and the redemption of the prizes by each winner is subject to the terms and conditions of the Prize Issuer (“Prize Terms”). The Promoter accepts no responsibility or liability for any delay or failure relating to the redemption of any prize or failure by the Prize Issuer to meet any of its obligations under the Prize Terms or otherwise. The Promoter is not responsible for the replacement or reimbursement of any lost, stolen or damaged prize.
  19. All material submitted in conjunction with an entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT:
    (a) be in breach of any laws, regulations and rights, including any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy;
    (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, or objectionable, nor discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender; or
    (c) contain viruses.
  20. Entrants warrant that:
    (a) their entry will not infringe any copyright, trade mark or other intellectual property right of any third party (including moral rights), and that the entrant has the right to use all materials in any entry;
    (b) their entry complies with any privacy and/or confidentiality obligations that may apply;
    (c) their entry is wholly their original work, or that they have obtained full prior consent from any third party who has jointly created or has any rights in the entry for its submission in accordance with these Terms;
    (d) they own or have the right to license the copyright in any entry submitted by them;
    (e) no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion; and
    (f) the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation).

    Entrants indemnify the Promoter for any breach of these Terms. including this clause.

  21. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. Any decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  22. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this clause.
  23. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the competition.
  24. The Promoter reserves the right to request verification of age, identity, email address of the winner and any other information from entrants relevant to entry into or participation in this Promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this Promotion.
  25. Entrants consent to the Promoter using their name, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
  26. Entrants grant the Promoter an unrestricted, irrevocable, and transferable license to use and modify their entry for the purposes of the Promoter’s business including for promotional purposes without the payment of any fee or compensation. If requested by the Promoter, the entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry.
  27. Entrants acknowledge that use of the Platforms is subject to the terms and conditions of that Platform. The Promoter is not responsible or liable for any loss, damage or injury suffered by any entrant as a result of the conduct of the Platforms, including the decision of a Platform to remove or not remove any photos or posts, except for liability which cannot be excluded by law. In particular, the thoughts and views expressed on each of the Platforms are only the thoughts and views of the individual that posted them. They are not representative of the opinions or views of the Promoter, nor does the Promoter confirm, guarantee or warrant the accuracy, completeness or usefulness of any post. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. It is a condition of entry that each entrant grants a complete release to Facebook from any claims that they now have or may have in the future which relate to or are incidental this promotion.
  28. Details from entries will be collected and used for the purposes of conducting this Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes surrounding this Promotion. By entering this Promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant. The Promoter will comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Entrants may access, change and/or update their personal information and obtain a copy of the Promoter’s privacy policy by contacting the Promoter on (03) 9724 6444 during office hours or visiting http://www.henkel.com.au/blob/665136/6ceb88667c466e02a170c72fc984b3d9/data/management-of-personal-information-policy-australia-pdf-data.pdf. Details from entries are being collected by the Promoter and not by any Platform.\If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications failure, computer bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
  29. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice regarding the tax implications of a prize or acceptance of a prize.
  30. Nothing in these Terms restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  31. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential losses such as loss of opportunity, loss of reputation or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) by an entrant in connection with this Promotion, or from the entrant’s accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  32. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
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