“KARCHER FC5 HARD FLOOR CLEANER” PROMOTION

TERMS AND CONDITIONS

 
  1. 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.
 
  1. Entry is only open to Australian and New Zealand residents aged 18 years or over.
 
  1. 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.
 
  1. Entries into the promotion open on 20 June 2021 and close at 5:00PM AEST on 24 July 2021 (“Promotional Period”).
 
  1. To be eligible to enter, individuals must spend $1,000 or more in a single transaction on any products from the Genero Collection from any Choices Flooring store during the Promotional Period.
 
  1. To enter, individuals must then complete the following steps during the Promotional Period:
   
  1. Only one (1) entry is permitted per person.
 
  1. Entrants must retain a copy of their purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.
 
  1. 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.
 
  1. Incomplete or indecipherable entries will be deemed invalid.
 
  1. 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.

 

  1. There will be one (1) draw conducted for the entries received each day of the Promotional Period, for a total of thirty-five (35) draws (“Daily Draws”). Subject to the starting and closing time of the Promotional Period, entries into each Daily Draw will open at 12am and close at 11.59pm each day based on VIC local time except 24 July 2021 where entries will close at 5:00pm. Each Daily Draw will take place at Choices Flooring, 22-24 Manningham Road West, Bulleen VIC 3105 at 10:00AM AEST on the first business day after entries close for that Daily Draw, with the first Daily Draw taking place on 21 June 2021 and the last Daily Draw taking place on 26 July 2021. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in VIC. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draws.
 
  1. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
 
  1. Winners will be notified by telephone and email within two (2) business days of the relevant draw.  
 
  1. Winners will be published on the Promoter’s social media including Facebook (at https://www.facebook.com/choicesflooring for AU residents and https://www.facebook.com/choices_flooring_nz/ for NZ residents) and Instagram (at https://www.instagram.com/choicesflooring/ for AU residents and https://www.instagram.com/choices_flooring_nz/ for NZ residents) on each Friday of the Promotional Period.
 
  1. The Promoter’s decision is final and no correspondence will be entered into.
 
  1. The first valid entry drawn in each Daily Draw will each win a Karcher FC5 Floor Cleaner valued at $649. 
 
  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
 
  1. If any prize (or part of any 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.
 
  1. Total prize pool value is $22,715. 
 
  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
 
  1. A draw for any unclaimed prizes may take place on 26 October 2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw and their names will be published on the Promoter’s social media including Facebook (at https://www.facebook.com/choicesflooring for AU residents and https://www.facebook.com/choices_flooring_nz/ for NZ residents) and Instagram (at https://www.instagram.com/choicesflooring/ for AU residents and https://www.instagram.com/choices_flooring_nz/ for NZ residents) from 29 October 2021.
 
  1. 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.

 

  1. 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.
 
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
 
  1. 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.
 
  1. 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 a prize.
 
  1. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.choicesflooring.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia or New Zealand unless otherwise specified.
 
  1. 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.
 
  1. The Promoter is Newfurn Floor Coverings Limited trading as Choices Flooring (ABN 63 004 560 668) of 22-24 Manningham Road West, Bulleen VIC 3105, telephone 03 9850 9311 (Australia).
 
NSW Authority No. TP/00557 ACT Permit No. TP21/00674 SA Permit No. T21/632