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FANTECH TRADE “CEILING SWEEP FANS – WHOLESALER” PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter and the prize(s) 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 MMEM Group wholesalers located in Australia that stock the Promoter’s ceiling sweep fan products (each a “Participating Wholesaler”).

3. 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.

4. Promotion commences at 9:00AM AEDST on 10 November 2020 and closes at 11:59PM AEDST on 28 February 2021 (“Promotional Period”).

5. To enter, Participating Wholesalers must stock the Promoter’s ceiling sweep fan products (“Eligible Products”) and sell the Eligible Products during the Promotional Period.

6. At the conclusion of the Promotional Period, the Promoter will tally the sales results of Eligible Products during Promotional Period achieved by each Participating Wholesaler. Participating Wholesalers will be divided into their State/Territory of operation. The Participating Wholesaler of each State/Territory that achieves the highest number of sales in Eligible Products during the Promotional Period will each be deemed the winner.

7. In the event of a tie between two (2) or more Participating Wholesaler in each State/Territory with the same amount of sales in Eligible Products, each tied Participating Wholesaler will be deemed a winner in their State/Territory and will each be awarded the prize pack as outlined in clause 11 below.

8. Each Participating Wholesaler will be notified by telephone and email.

9. This is a game of skill and chance plays no part in the determination of any winner.

10. The Promoter’s decision is final and no correspondence will be entered into.

11. There will be one (1) prize pack to be won in each State/Territory (TAS, VIC, NSW, ACT, QLD, NT, SA and WA). The winning Participating Wholesaler of each State/Territory will each win a prize pack valued at $339.60. Prize pack includes:

    • 1 x $250 EFTPOS Gift Card;
    • 8 x Fantech Trade t-shirts;
    • 8 x Fantech Trade stubby holders;
    • 8 x Fantech Trade bottle openers; and
    • 1 x social media post on the Promoter’s Facebook profile at www.facebook.com/fantechtrade or Instagram profile at www.instagram.com/fantechtrade promoting the winning Participating Wholesaler during March/April 2021 (platform and exact date to be determined by the Promoter).
  • 12. Any ancillary costs associated with redeeming the EFTPOS Gift Card are not included. Any unused balance of the EFTPOS Gift Card will not be awarded as cash. Redemption of the EFTPOS Gift Card is subject to any terms and conditions of the issuer including those specified on the EFTPOS Gift Card.

    13. Participating Wholesalers must retain all sales invoices related to their entry 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 the Participating Wholesaler’s entry and forfeiture of any right to a prize. Sales invoices must clearly specify the Eligible Product(s) sold and that the sale was made during the Promotional Period.

    14. The Promoter reserves the right, at any time, to verify the validity of Participating Wholesalers (including their sales records and scan data) and reserves the right, in its sole discretion, to disqualify any Participating Wholesaler 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.

    15. If there is a dispute as to the identity of a Participating Wholesaler, the Promoter reserves the right, in its sole discretion, to determine the identity of that Participating Wholesaler.

    16. Prizes will be awarded to the manager of the respective winning Participating Wholesaler who may, in their absolute discretion, allocate the prize to any employee or employees of that Participating Wholesaler (“Prize Taker”).

    17. 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.

    18. Total prize pool value is $2,716.80.

    19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

    20. The Prize Taker consents to the Promoter using their name, likeness, image and/or voice (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.

    21. 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 Participating Wholesaler; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

    22. 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.

    23. 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 Participating Wholesaler or Prize Taker; or (f) use of a prize.

    24. 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://fantechtrade.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.

    25. The Promoter is Fantech Pty. Ltd. (ABN 11 005 434 024) of 42-62 Pound Road W, Dandenong South VIC 3175, telephone 03 9554 7845.