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Next summer, RYOBI will again be encouraging cricket-loving communities to improve their home ground advantage by overhauling their club. Sign up your cricket club to hear about it first.
RYOBI OVERHAUL 2011/2012 PROMOTION
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. 2. Entry is only open to Australian residents who are an authorised representative of an Australian cricket club. For the purposes of this promotion an authorised representative is any person who has permission from their nominated cricket club to enter the promotion on its behalf. Prize will be awarded to the nominated cricket club (and not to the individual who entered) and is subject to the following conditions: (a) an authorised person must agree to accept the prize on behalf of the nominated cricket club; and (b) the nominated cricket club must agree to and be able to host the RYOBI Overhaul weekend event on 21/01/2012 and 22/01/2012. 3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. 4. 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. 5. Promotion commences 07:00am (AEDST) on 01/12/2011 and ends at 11.59pm (AEDST) on 10/01/2012 ("Promotion Period"). 6. To be eligible to enter, authorised representatives must complete the following steps during the Promotion Period: - register their cricket club to take part in the promotion by visiting www.ryobi.com.au/overhaul and following the prompts; and - take an original photograph or make an original video of their cricket club facilities/grounds which showcases why their club is in need of an upgrade/overhaul. 7. To enter, authorised representatives must then visit www.ryobi.com.au/overhaul, follow the prompts to the promotion entry page and complete the following steps: - input the authorised representative's name, address, contact number, valid email address and position or role at the cricket club; - input the nominated cricket club's name, cricket club's address, competition level and number of members; and - input an answer to the promotional question in 250 words or less "Why does your cricket club deserve to win a $20,000 RYOBI overhaul, and how would you use the $20,000 budget to overhaul your club?"; and - Uploaded photos must be submitted in jpg. Jpeg, gif, png, bmp, tif, psd, pdf, doc, docx, zip format, must be at least 600 pixels (wide) x 480 pixels (high) and must not exceed 10 MB file size. Uploaded videos must be submitted in mp4, wmv, avi, mpeg, zip, youtube url format, must be no longer than 10 minutes long and must not exceed 150 MB file size.; and - submit the fully completed entry form by 11.59pm AEDST on 10/01/2012. 8. The Promoter reserves the right, at any time, to verify the validity of entries, entrants and nominated cricket clubs (including an entrant's identity, age, place of residence and position in the nominated cricket club) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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. 9. Incomplete or indecipherable entries will be deemed invalid. 10. Only one entry permitted per cricket club. 11. 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. 12. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. 13. The winners will be notified by telephone and email. 14. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the following criteria: a) how deserving the cricket club is of winning the prize based on the content of their submissions; b) The extent to which the upgrade/overhaul is needed based on the content of the cricket club's submissions; c) How effectively the prize can be used to upgrade/overhaul the cricket club based on the content of the cricket club's submissions and in the opinion of the Promoter; and d) originality and creativity of the answer provided to the promotional question "Why does your cricket club deserve to win a $20,000 RYOBI overhaul, and how will you spend the money to overhaul your cricket club?". 15. The Promoter's decision is final and no correspondence will be entered into. 16. The best valid entry, as determined by the judges, will win: (a) a $20,000 budget to be used toward an upgrade/overhaul of the nominated winning cricket club; and (b) the appearance of Australian Cricketers Association (ACA) legends and members selected players (as determined by the Promoter in its absolute discretion) at the winning nominated cricket club to assist in the upgrade/overhaul and participate in a friendly cricket match to be held on 21/01/2012 and 22/01/2012. The Promoter will liaise with the winner to determine exactly what upgrades should be made to the cricket club facilities/grounds within the allocated budget. The budget can be used toward labour, materials and tools and any other services deemed necessary by the Promoter. In the event that agreement cannot be reached between the Promoter and the winning cricket club about exactly which upgrades should take place with the allocated budget, the Promoter reserves the right to determine the exact nature of the upgrades (based on the cricket clubs entry submissions). In the event that there is any left over money from the allocated budget once the upgrades have been completed, any such remainder will not be awarded as cash and will be forfeited. In the event that the upgrades requested by the club exceed the allocated budget, any additional costs incurred will be the responsibility of the winning cricket club. 17. The next best eight (8) valid entries as determined by the judges will each win a RYOBI Tools pack (consisting of a selection of tools selected by the Promoter) to the value of $1,000. 18. The appearance of ACA members and any other cricketers awarded as part of the major prize provides the members and staff of the winning cricket club with an opportunity to meet cricketers present, and an opportunity to have a photograph taken with the players. These elements of the prize are not guaranteed and are subject to the goodwill of the players on the day. The Promoter accepts no responsibility and will not offer any alternative in the event that these elements of the prize cannot be offered for any reason beyond the Promoter's control. 19. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. 20. Prizes will be awarded to the nominated representative of the respective winning cricket club on behalf of the club. 21. If for any reason a winner does not take a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 22. 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. 23. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. 24. When an entrant submits any materials via the promotion including comments, recordings and images ("Content"), the entrant, unless the Promoter advises otherwise, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove 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 will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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. 25. 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. 26. 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. 27. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the internet service provider used. 28. 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 State 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. 29. 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) if the appearance of Brett Lee, or any or all of the other athletes is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize / participation in the major prize event. 30. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. 31. The Promoter is Techtronic Industries Australia Pty Limited (ABN 98 002 277 509) of Level 1, 660 Doncaster Road, Doncaster, Victoria, 3108.
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