RYOBI “RYOBI CHRISTMAS WITH ONE+ GIVEAWAY” COMPETITION

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.

2. Entry is only open to Australian and New Zealand residents aged 18 years or over.

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 on 29/11/2021 and final entries close at 11:59pm AEDST on 05/12/2021 (“Promotional Period”)..

5. To enter, individuals must complete the following steps, during the Promotional Period:

   (a) visit the My RYOBI Community Facebook Group Page at https://www.facebook.com/groups/myryobicommunity and accept the group rules (“Facebook Group”);

   (b) locate the promotional post, featuring this promotion, posted by the Promoter;

   (c) leave a comment nominating a person who they think deserves a RYOBI prize pack for Christmas (“Nominated Person”).

   Entrants acknowledge that they will obtain the consent from any Nominated person prior to them being nominated. The Nominated Person does not have to be a member of the My RYOBI Community Facebook Group Page.

6. 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.

7. Incomplete or indecipherable entries will be deemed invalid.

8. Multiple entries permitted, subject to the following: (a) only one(1)entry permitted per Facebook Group post (defined below); (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.

9. 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.

10. At the end of the Promotional Period, the five (5) nominations with the most reactions to the nomination comment (i.e. Facebook comment reactions) will each be deemed a winner. In the event of a tie between two (2) or more nomination posts with the same highest number of reactions, the Promoter will contact each tied entrant and ask them to answer in 25 words or less (via Facebook message), why their Nominated Person deserves the prize. The Promoter will then judge each tied entry based on literary merit, where the best entry as determined by the Promoter will be deemed the winner. This is a game of skill and chance plays no part in determining the winner.

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

12. The five (5) winning entries, as determined by the Promoter, will each win a prize for their winning Nominated Person (each a “Prize Recipient”). Each prize consists of up to $1,000 worth of RYOBI products to be selected by the Prize Recipient. The Promoter will contact each winning entrant and provide them with instructions on how their Prize Recipient can claim the prize including providing the Promoter with photo identification, consent to the Terms and Conditions as well as some answers to promotional questions.

13. Products chosen by the Prize Recipient are dependent on stock availability and the RRP is based on their residential address.

14. If for any reason the Prize Recipient does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

15. If a prize (or part of a 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.

16. Total prize pool value is up to AUD$5,000.

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

18. Entrants and Prize Recipients agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images(“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) their Content shall not contain viruses or cause injury or harm to any person or entity;

    (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

    (d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

    (e) 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

    (f) 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.

19. As a condition of entering this promotion, each entrant and Prize Recipients 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

20. Entrants and Prize Recipients 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.

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

22. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

23. 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 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.

24. 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, entrant or Prize Recipient; or (f) use of a prize.

25. 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 and prize suppliers. 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.ryobi.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 and/or Prize Recipient. The Privacy Policy also contains information about how entrants and/or Prize Recipients may opt out, access, update or correct their PI, how entrants and/or Prize Recipients 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy). Principles and agree that the Promoter is not liable in this regard.

26. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.

27. 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 or Instagram. Facebook or Instagram 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.

28. 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.

29. The Promoter is Techtronic Industries Australia Pty Limited (ABN: 98 002 277 509) of 31 Gilby Road Mount Waverley VIC 3149("Promoter").