WhistleOut ‘Belkin MIXIT ColourMatch Charge Kit’ Competition

WHISTLEOUT PTY LTD (ABN: 14 130 446 267)

Address:   Level 1, 115 Alexander Street, Crows Nest, NSW 2065 

1.     Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.

2.     Entry is open to Australian residents. Employees (and their immediate families) of the Promoter 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.

3.     Promotion commences on 29/03/2017 and entries close at 11:59pm AEST on 04/03/2017 ("Promotional Period").

4.     To enter, individuals must visit www.facebook.com/WhistleOutAU/ ("Facebook Page"), replying in the comments section to the wall post: "Sick of your phone running out of battery? Thanks to Belkin, we've got three MIXIT ColourMatch Charge Kits in Rose Gold to giveaway. The kits includes a massive 6,600mAh battery pack, a 5-watt in-car charger, and an extra home wall charger just in case you need a spare. To be in the running, in 25 words or less, tell us your best (well, worst) "oh heck, my smartphone's run out of battery" story in the comments below. Entries close at 11:59pm AEST on April 4. See here for the full terms and conditions: https://goo.gl/UNQUDL” during the Promotional Period only.

5.     The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.

6.     The Facebook Page is accessible via smartphones. Any data usage in accessing the entry page through a suitable mobile phone is at the cost to the individual. Individuals should contact their mobile phone plan provider to ensure this data usage is available within their plan if they are unsure.

7.     Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.

8.     This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not Facebook. The information they provide will only be used for the purposes as set out in these Terms and Conditions. Any questions, comments or complaints about this promotion should be directed to the Promoter and not Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

9.     Incomprehensible and incomplete entries will be deemed invalid.

10.  Multiple entries permitted.

11.  The Promoter reserves the right to request the winner to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including proof of purchase) in order to claim the prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

12.  The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

13.  If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

14.  The judging will take place on 05/04/2017.

15.  The winner will be notified via Facebook.

16.  This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the originality and creativity of the submissions and comments in response to the promotional question. The judges may select additional reserve entries which they determine to be the next best, and record them in order or merit, in case of an invalid entry or ineligible entrant.

17.  The best three (3) entries, as deemed by the judges, will each receive a Belkin MIXIT ColourMatch Charge Kit in Rose Gold valued at $119.95. The total prize pool is valued at $359.85.

18.  Prize is not exchangeable and cannot be taken as cash.

19.  If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal value and/or specification.

20.  The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize.

21.  By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

22.  In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with WhistleOut Pty Ltd or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

23.  In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and alternative goods or services will not be awarded in lieu of the prize.

24.  Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter.

25.  If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.

26.  A panel of 3 judges is used to select the best entry. Each judge has industry experience in telecommunications. The winner will be notified by Facebook within 7 days of the judging.

27.  Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

28.  The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.

29.  In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s 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 Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.

30.  The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize except for any liability which cannot be excluded by law.  The Promoter is not responsible for any incorrect or inaccurate information, either for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, network failure, theft or destruction or unauthorised access to or alteration of entries.

31.  The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

32.  If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

33.  All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

34.  Nothing in these Terms and Conditions limit, exclude or modify 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 Promoter (including its 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.

35.  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: (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 entry or prize claim 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking and/or use of the prize.

36.  The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

37.  The Promoter is WhistleOut Pty. Ltd. (ABN 14 130 446 267). Telephone +61 2 8920 1270. 

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