“RYOBI GOOD AS GOLD” 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.
    
2. Entry is only open to Australian & 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 1^st cousin. 
    
4. Promotion commences on 13/08/2020 and closes at 11:59pm AEST on 31/10/2020 (“Promotional Period”). 
    
5. At the start of the Promotional Period the Promoter will post a promotional post to their official Facebook and Instagram pages containing instructions on how to enter (“Promotional Posts”).
    
6. To enter, individuals must complete the following steps on either Facebook or Instagram during the Promotional Period:
   
   Facebook:

• a) Using your own personal Facebook account, visit the official RYOBI Australia & New Zealand Facebook group “My RYOBI Community”;
• b) Join the “My RYOBI Community” group;
• c) Once you’re accepted by the Group Admins, submit a post which showcases your project using RYOBI power tools.
  
  Instagram
   
• d) Log into Instagram using your own public Instagram account;
• e) Use the hashtag #RyobiMade in a video or photo post demonstrating their project in any stage, using RYOBI power tools.

7. 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.
    
8. Incomplete or indecipherable entries will be deemed invalid.
    
9. Unlimited entries permitted per person.
    
10. As Group Admins in the My RYOBI Community Facebook Group, the Promoter reserves the right, in its sole discretion, to deny/remove access to the My RYOBI Community Facebook Group to/from any individual at any time, for any reason.
     
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 draw will take place at Techtronic Industries Australia Pty Limited, 31 Gilby Road, Mount Waverley VIC 3149 on the last day of each month. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
     
13. The winner will be notified in writing by direct message depending on the social media channel of entry within seven (7) business days of the draw and their name will be published at http://www.ryobi.com.au/winners or https://www.ryobi.co.nz/winners 

• (a) This is a game of skill and chance plays no part in determining the winner(s).  Each entry will be individually judged based on literary and creative merit of the answer provided as a part of the promotion, responding to the question “show us your latest project using RYOBI power tools.”

14. The Promoter’s decision is final and no correspondence will be entered into.
     
15. The first two valid entries drawn will win one (1) ONE+ 5.0Ah Limited Series Twin Pack valued at AUD $199 RRP (NZD $259 RRP)
     
16. Subject to the unclaimed prize draw clause, if for any reason the winner 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.
     
17. If the prize (or part of the 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.
     
18. Individual winner’s prize pool is valued at up to AUD $199 (NZD $259 RRP)
     
19. Total prize pool value is up to AUD $1,194 (NZD $1,554)
     
20. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
     
21. Once prize packs have left the Promoter’s premises, the promoter takes no responsibility for prize packs being damaged, delayed or lost in transit. Please allow up to six (6) weeks for prize delivery.
     
22. A draw for the prize, if unclaimed, may take place on the tenth day of the following month at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing by direct message depending on the social media channel of entry within seven (7) business days of the draw and their name will be published at http://www.ryobi.com.au/winners or https://www.ryobi.co.nz/winners  
     
23. 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.
     
24. 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.
     
25. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 
     
26. 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.
     
27. 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; and/or use of a prize.
     
28. 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 and the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.
     
29. 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.
     
30. 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 http://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. 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 entrant’s personal information to any entity outside of Australia. 
     
31. The Promoter is Techtronic Industries Australia Pty Limited (ABN 98 002 277 509) of 31 Gilby Road, Mount Waverley VIC 3149, telephone 1300 361 505.