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 12/11/2018 and final entries close at 5pm local time on 14/12/2018 (“Promotional Period”).
5. To be eligible to enter and receive an automatic entry, individuals must book an appointment at a Participating AudioClinic clinic. The appointment must be booked by 5pm local time on 14/12/2018 and scheduled to be attended no later than 31/03/2019. Appointments can be booked by calling a Participating AudioClinic directly, by making an appointment in person at a Participating AudioClinic or by making an appointment online using a booking website. The booking website for AudioClinic can be found at audioclinic.com.au/book-your-hearing-test/. Bookings for follow up appointments, counselling, clean and check type appointments are excluded. Bookings that are made and then cancelled during the Promotional Period will be excluded from entry.
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. For clarity, regardless of how many appointments in excess of one (1) a person books during the Promotional Period, each person is only eligible to receive one (1) entry for booking an eligible appointment at a Participating AudioClinic. If an entrant makes multiple bookings at multiple Participating AudioClinic’s, only the entrant’s first booking will be deemed valid for the purposes of this promotion.
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 prize draws will take place at 31 Sandstone Island Circle, Bittern VIC 3918 on 18/12/2018 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 audioclinic.com.au from 20/12/2018.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. There is one (1) prize to be awarded in respect of entries received in each Participating AudioClinic clinic. The first valid entry drawn from the entries received in each Participating AudioClinic will each win a Christmas Hamper valued at $100.
13. 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.
14. 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.
15. Total prize pool value in each Participating AudioClinic is $100. The number of Participating AudioClinic clinics in each State and Territory is as follows:
|State/Territory||Number of Participating AudioClinic clinics||Total Prize Pool Value|
The prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
16. A draw for the prize, if unclaimed, may take place on 19/03/2019 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 audioclinic.com.au from 21/03/2019.
17. 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.
18. 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.
19. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
20. 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.
21. 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.
22. 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.
24. 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. LTPS/18/29596