TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 26 years or over. 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. A Participating AudioClinic Clinic is any AudioClinic operating in Australia.
4. Promotion commences on 1 October 2018 and final entries close at 5pm local time on 31 December 2018 (“Promotional Period”).
5. To enter, individuals must complete one (1) of the following steps during the Promotional Period:
i. To be eligible to enter, individuals must obtain a paper entry form from a participating AudioClinic Clinic, complete the entry form in full (including the survey) and return the fully completed entry form to a participating AudioClinic Clinic or post it back to the Promoter using the reply paid envelope provided so that it is received during the Promotional Period; OR
ii. To be eligible to enter, individuals must click on the link within the promotional eDM that they received from the Promoter, complete the survey in full, and submit the fully completed online survey; OR
iii. To be eligible to enter, individuals must click on the link within the SMS that they received from the Promoter which will take them to an online survey, complete the survey in full, and submit the fully completed online survey; OR
iv. To be eligible to enter, individuals must fully complete the entry form in full (including the survey) that they received in the post from the Promoter and post the fully completed entry form back to the Promoter using the reply paid envelope provided so that it is received during the Promotional Period.
6. 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry is permitted per person.
9. 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.
10. The draw will take place at 31 Sandstone Island Circle, Bittern VIC 3918 on 9 January 2019 at 2pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by phone first, then in writing within two (2) business days of the draw. The winner’s name will be published online at www.audioclinic.com.au from 16 January 2019.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The first valid entry drawn will win (1) Coles Myer Gift Card valued at $50.
13. Any ancillary costs associated with redeeming a voucher/gift card are not included. Any unused balance of the voucher/gift card will not be awarded as cash. Redemption of the voucher/gift card is subject to any terms and conditions of the issuer including those specified on the voucher/gift card. Voucher/gift card is valid for 24 months from the date of issue.
14. Subject to the unclaimed prize draw clause, if for any reason the winner does not take and/or redeem the prize by the time stipulated by the Promoter, then the prize will be forfeited.
15. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
16. Total prize pool value is $50. The prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
17. A draw for the prize, if unclaimed, may take place on 5 May 2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified by phone first and then in writing within two (2) business days of the draw. The winner’s name will be published online at www.audioclinic.com.au from 12 May 2019.
18. 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.
19. 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.
20. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
21. 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 (“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.
22. 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) use of the prize.
23. Personal information is being collected in order to administer the promotion. By participating in the promotion, the entrant acknowledges that a further primary purpose for collection of the entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the entrant has provided their details for. The Promoter may share information with the Promoter Parties (being related entities, contractors, agents and suppliers]) who may also contact the entrant with special offers in this way. By entering the promotion, the entrant acknowledges and agrees that the Promoter may use the entrant’s personal information in the manner set out in these Terms & Conditions. Entry is condition on the provision of the requested information.
25. The Promoter is Oticon Australia Pty Ltd (ABN 40 061 969 006) Suite 4, Level 4, Building B, 11 Talavera Road, North Ryde NSW 2113. Telephone (02) 9857 8295.
NSW Permit No. LTPM/18/03383