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“FANTECH CONSUMER 2022/2023 – WIN IN STORE” PROMOTION

 

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.

 

  1. The promoter is Fantech Pty Ltd (ABN 11 005 434 024) of 63 Vision Street, Dandenong South VIC 3175, telephone (03) 9554 7845 (“Promoter”).

 

  1. Entry is only open to Australian residents aged 18 years or over.

 

  1. Employees (and their immediate families) of the Promoter, this Participating Retailer (as defined below) 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 01/11/2022 and close at 11:59pm AEDST on 28/02/2023 (“Promotional Period”).

 

  1. To be eligible to enter, individuals must purchase a Fantech Trade Ceiling Sweep Fan from this Participating Retailer (as defined below) during the Promotional Period (“Qualifying Transaction”). Purchases consisting solely of Fantech Trade Ceiling Sweep Fan remote controls are not considered a Qualifying Transaction.

 

  1. A participating retailer is any retailer authorised to stock Fantech Trade Ceiling Sweep Fans and that displays advertising material featuring this promotion during the Promotional Period (a “Participating Retailer”).

 

  1. To enter, individuals must then undertake the following steps during the Promotional Period:

 

  • scan the QR code on display in this Participating Retailer;
  • follow the prompts to the promotion entry page and input the requested details including the name of this Participating Retailer (from the drop down menu provided) and the number of Fantech Trade Ceiling Sweep Fans purchased;
  • upload a copy of their purchase receipt when prompted;
  • check the boxes agreeing to these Terms and Conditions and the Promoter’s privacy Policy; and then
  • submit the fully completed entry form.

 

For the avoidance of doubt, provided the entrant makes a Qualifying Transaction during the Promotional Period, they will be eligible to enter the promotion. In the event the Participating Retailer is not displaying the QR code at the time the Qualifying Transaction is made, the entrant can enter at any other point during the Promotional Period.

 

  1. Multiple entries are permitted. One (1) entry will be awarded for every Fantech Trade Ceiling Sweep Fan purchased in a Qualifying Transaction. Entrants are required to submit a separate entry in accordance with the entry requirements for each Qualifying Transaction made.

 

  1. Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the Participating Retailer 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. The draw for all entries received in this Participating Retailer will take place at Fantech Pty Ltd, 63 Vision Street Dandenong South VIC 3175 on 14/03/2023 at 11:00am AEST. 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 in writing by email within seven (7) business days of the draw.

 

  1. In the event that this Participating Retailer operates in the ACT or SA, the drawn winner’s name will be announced on a public notice board within this Participating Retailer on the same date as the draw.

 

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

 

  1. The first valid entry drawn from all valid entries received in this Participating Retailer will win a Kings Inflatable Stand Up Paddle Board with pump valued at $243.95.

 

  1. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.

 

  1. 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.

 

  1. Total prize pool value in this Participating Retailer is $243.95.

 

  1. The prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

 

  1. A draw for the prize, if unclaimed, may take place on 14/04/2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if one is required, will be notified in writing by email within seven (7) business days of the draw. In the event that this Participating Retailer operates in the ACT or SA, the drawn winner’s name will be announced on a public notice board within this Participating Retailer on the same date as the draw.

 

  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. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

 

  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 (“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 the 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://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 may disclose PI outside of Australia, see the Promoter’s Privacy Policy for more details.