FANTECH TRADE “BEST MATES BUNDLE” PROMOTION
TERMS AND CONDITIONS
- 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.
- Entry is only open to Australian residents aged 18 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.
- Entries into the promotion open 29/5/2020 and close at 11:59pm AEST on 7/6/2020 (“Promotional Period”).
- To be eligible to enter, individuals must be following the Fantech Trade Facebook page or Instagram page that the entry was submitted on. Entrants must have tagged an individual in the comments of the giveaway post.
- At the commencement of the Promotion, the Promoter will post a series of promotional posts (“Promotional Post”) to its Facebook Page https://www.facebook.com/fantechtrade (“Facebook Page”) and Instagram page https://instagram.com/fantechtrade (“instagram page”). To enter, individuals must then complete the following steps during the Promotional Period:
a) Visit the Facebook Page and/or Instagram page and locate a Promotional Post; and then
b) Tag an individual as a direct comment to the Promotional Post in accordance with the instructions provided.
c) Ensure the Fantech Trade Page and/or Instagram page entered on has been liked/followed.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and proof that the page has been liked/followed) 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.
- Incomplete or indecipherable entries will be deemed invalid.
- Multiple entries permitted, subject to the following: (a) each entry must have tagged a different individual; and (b) each entry must be submitted separately and in accordance with entry requirements, however can only be awarded one prize. In the event an individual is drawn more than once, remaining entries will be void.
- 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.
- Winners will be chosen at random from all valid facebook and Instagram entries. The winners will be notified by public comment on Facebook or Instagram by June 8th. This is a game of chance and winners will be drawn at random. Fantech Trade reserves the right to make a public post about the winners of this competition at their discretion or contact the winners via the social media account entered.
- The Promoter’s decision is final and no correspondence will be entered into.
- 20 entries will receive 1 of 20 bundles including x2 Fantech Trade branded tshirts, x2 beanies, x2 pens, x2 notepads and x2 tape measures. It is at the discretion of the winners what they do with the prize. The prize not need to be shared with the individual or “best mate” that was tagged in the winning entry.
- Fantech Trade will mail the prize to the 20 successful entrants. Any ancillary costs associated with delivering the remainder of the prize to another individual or “best mate” are not included.
- If for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
- If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with another promotional item.
- Prize cannot be exchanged or returned for cash.
- Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and Photographs (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
c) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
- As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
- 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with accessing the Facebook Page or Instagram page is the entrant’s responsibility and is dependent on the Internet service provider used.
- 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
- 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.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to 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.
- The Promoter is Fantech Pty. Ltd (ABN 11 005 434 024) of 42-62 Pound Road West, Dandenong South, Victoria 3175 Australia.