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“RYOBI CHRISTMAS GIVEAWAY” 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 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 06/12/2019 and closes at 11:59pm AEDT on 16/12/2019 (“Promotional Period”).
  5. At the start of the Promotional Period the Promoter will post a promotional post to their official Facebook page containing instructions on how to enter (“Promotional Posts”).
  6. To enter, individuals must complete one (1) or more of the following steps during the Promotional Period:
    Facebook:
    • Using their own personal Facebook account, visit the official Ryobi Australia Facebook page (@RyobiAU) and ‘like’ the page;
    • Nominate, by tagging or mentioning in the comments of the promotional post, a local community group, club, charity or individual who deserves to win a Ryobi Prize Pack, and tell the promoter why in 25 words or less.
  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. 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. The judging will take place at Techtronic Industries Australia Pty Limited, 31 Gilby Road, Mount Waverley VIC 3149 on 17/12/2019 at 10:00am AEDT. 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.
  11. The winner will be notified by direct message via the official Ryobi Australia Facebook page. The winner must respond to claim the prize by 12:00pm AEDT on 28/01/2020.
  12. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question “Nominate a local charity, club, community group or individual who deserves to win a Ryobi Prize Pack, and explain why in 25 words or less.”
  13. The Promoter’s decision is final, and no correspondence will be entered into.
  14. One (1) valid entry will win one (1) Ryobi Prize Pack $3,000AUD of Ryobi Power Tools, batteries, chargers and accessories to the maximum value of $3,000RRP which is donated to their nominated charity, club, community group or individual, one (1) Bunnings Warehouse gift card valued at $1000AUD which is donated to their nominated charity, club, community group or individual and one (1) ‘Ryobi Prize Pack up to the value of $1000RRP in Ryobi Power Tools, batteries, chargers and accessories chosen by the entrant.
  15. Entrant winner’s prize pool is valued at up to $1,000AUD
  16. Nominated group by the entrant has a prize pool valued at up to $4000AUD
  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. Total prize pool value is up to $5,000.
  19. Prize, or any unused portion of the prize, is not transferable, refundable or exchangeable and cannot be taken as cash.
  20. Prize Pack may take up to eight (8) weeks to be delivered from the time prize product selection being submitted by the entrant and nominated club, charity, community group or individual.
  21. The Entrant must be able to provide contact details of an official for the nominated club, community group, charity or to the nominated individual.
  22. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments (“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.
  23. As a condition of entering this promotion, each entrant 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.
  24. 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.
  25. 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.
  26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  27. 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.
  28. 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) or use of a prize.
  29. 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. 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.
  30. 29. 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.