BLACK+DECKER “AIRSTREAM” PROMOTION – AUSTRALIA & NEW ZEALAND
TERMS AND CONDITIONS
- 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.
- The promoter (“Promoter”) is Stanley BLACK+DECKER Australia Pty Ltd (ABN 82 000 021 938) of Level 2, 810 Whitehorse Road, Box Hill, 3128 Australia (Australia) and 39 Business Parade N, East Tamaki, Auckland 2013, New Zealand (New Zealand).
- Entry is open to Australian and New Zealand residents only aged 18 years or over.
- Directors, officers, management, employees and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate and the agencies and companies associated with this promotion, are ineligible to enter. Immediate family means any of the following: spouse, ex-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 first cousin.
- Promotion commences for purchases on 01/08/2019 and closes for purchases at 11:59pm AEDST on 31/12/2019 (“Purchase Period”) Entries into the promotion on 01/08/2019 and final entries close at 11:59pm AEDST on 06/01/2020 (Entry Period”).
- To be eligible to enter and to enter, individuals must undertake the following steps:
A. purchase any BLACK+DECKER product, from any participating retailer across Australia and/or New Zealand, during the Purchase Period (“Qualifying Purchase”). A participating retailer is any retailer that displays promotional material featuring this promotion and stocks BLACK+DECKER products (each a “Participating Retailer”). A full list of Participating Retailers can be found at www.blackanddeckerpromotions.com. For every dollar (including GST) spent on BLACK+DECKER products the entrant will be eligible to receive one (1) entry into the draw. For example, if an eligible individual is to spend $24 (including GST) on BLACK+DECKER products during the Purchase Period, they will be eligible to receive twenty-four (24) entries into the draw.
B. Visit www.blackanddeckerpromotions.com , follow the prompts to the promotion entry page, input the requested details (including full name, email address, mobile phone number, residential postcode, occupation, the amount spent on BLACK+DECKER products, the name of the retailer where the Qualifying Purchase was made) and then upload the purchase receipt for their Qualifying Purchase and submit the fully completed online entry form during the Entry Period.
Individuals acknowledge that by entering the promotion they agree to be added to BLACK+DECKER -Newsletter and that they agree to be added to the BLACK+DECKER database and receive electronic communications from the Promoter in accordance with clause 28.
- Multiple entries are permitted, subject to the following: (a) each entry must be submitted in accordance with the entry requirements; and (b) only one (1) online entry form must be submitted for each transaction/purchase receipt.
- Incomplete or ineligible entries will be deemed invalid. Cancelled Qualifying Transactions, cancelled payments, any product that is not fully paid for will not be eligible for this promotion.
- Entrants must retain their original purchase receipt(s)/invoice(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 Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Purchase Period prior to entry.
- The Promoter reserves 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 Promoter has 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 Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- 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.
- The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 Australia at 11:00am AEDST on 13/01/2020 in the presence of an independent scrutineer. The Promoter may draw additional reserve entries in each draw and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by telephone and in writing within two (2) business days of the draw and their name will be published online at blackanddeckerpromotions.com on 30/01/2020. In the event the winner is an SA resident, their name will also be announced in The Advertiser on 30/01/2020.
- The Promoter’s decision is final and no correspondence will be entered into.
- The first valid entry drawn from all valid entries received, will win a 1971 Sovereign Land Yacht Airstream valued at up to AUD$135,000 (or $141,362.55 New Zealand dollars as at 27/6/19). Prize includes standard fittings and registration. Prize excludes compulsory third party insurance (which may vary State by State). Prize will be delivered to the winner’s residential address. Winner acknowledges that certain weight and towing restrictions apply to the use of the prize and not all vehicles can tow the prize. The winner is responsible for ensuring that any vehicle towing the prize is capable to do so.
- The Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of delivery. Any other ongoing costs are the responsibility of the winner. The external and interior colour and fittings of the prize is subject to availability at time of redemption of prize. Any additional optional extras and accessories, registration, comprehensive insurance and any other insurance, fuel, vehicle, personal costs and any other ancillary costs associated with redeeming the prize are excluded and are the responsibility of the winner. The colour of the prize is at the discretion of the Promoter. Receipt of the prize is subject to the winner being able to lawfully take possession of the prize and comply with all registration and compulsory third party insurance requirements of the State/Territory in which the winner elects to register the prize.
- If for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited. The Promoter reserves the right to award the prize to a reserve entry drawn, if an originally drawn winner is ineligible.
- If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/ or specification, subject to any written directions from a regulatory authority.
- Total prize pool value is up to AUD$135,000 (or $141,362.55 New Zealand dollars as at 27/6/19).
- Prize is not transferable, refundable or exchangeable and cannot be taken as cash.
- A draw for the prize if unclaimed may take place on 20/04/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner (if one is required) will be notified by telephone and in writing within two (2) business days of the draw and their name will be published online at www.blackanddeckerpromotions.com on 28/04/2020. In the event the winner is an SA resident, their name will also be announced in The Advertiser on 28/04/2020.
- Entrants consent to the Promoter 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 Promoter.
- 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 Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- As a condition of accepting the prize, the winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the promotion and they will not be reimbursed regardless of whether or not they win the promotion. For more information refer to:
https://www.ato.gov.au/General/Fringe-benefits-tax-(fbt) (for Australia) or https://www.ird.govt.nz/fringe-benefit-tax/fbt-index.html (for New Zealand).
- 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 States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
- 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 of the prize.
- The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
NSW Permit No. LTPS/19/35984. ACT Permit No. TP 19/03687. SA Permit No. T19/1098