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TERMS & CONDITIONS: PHILIPS SONICARE WIN 1 OF 3 SONICARE FOR KIDS ELECTRIC TOOTHBRUSHES PROMOTION

Information on how to make a claim and qualify for the Promotion and to submit an entry into the “WIN 1 OF 3 SONICARE FOR KIDS ELECTRIC TOOTHBRUSHES PROMOTION” (“Promotion”) forms part of these Terms and Conditions. Entry into the Promotion is deemed to be an acceptance of these Terms and Conditions.

Promoter

1. The Promoter is BPM AUSTRALIA PTY LIMITED ABN- 80 000 186 381, 6 Beaumont Rd, Mt Kuring-Gai, NSW 2080. (“Promoter”). Entry information will be processed by Philips Electronics Australia, (ABN 24 008 445 743) 65 Epping Road, Nth Ryde NSW 2113 (“Philips”).

Promotional Period

2. The Prize Promotion commences at 09.00am AEDT on 01 October 2015 and ends 11:59pm AEST on 15 Novmber2015 (Promotional Period).

Eligibility and Participation

3. The Promotion is only open to individuals who are Australian residents 18 years and above (“Entrant”). Corporations, companies, body corporate bodies, groups, organizations and any other corporate bodies and non-corporate bodies are not eligible to participate.

4. Employees, and the immediate families of the Promoter, of Philips Electronics Australia Limited and of participating retailers and agencies associated with this Promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child, 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.

Promotion

5. The Offer is not valid in conjunction with any other promotional offer.

6. The winners of the Promotion will each receive one (1) of three (3) Sonicare For Kids (HX6311/07) Electric Toothbrushes (“Prize”). Total Prize value is RRP $239.85.

7. The Promoter excludes any liability for prize that has been lost, stolen or damaged or tampered with in any way.

8. To enter the Promotion , the Entrant must:

a) Email the promotional email address - win@sonicare.com.au– with the following;

i. An answer in 25 words or less to the question – “Why Sonicare For Kids will make your child smile brighter?”

b) Include your preferred mailing address for the prize to be sent to and contact phone number.

c) Send the entry email through so that it is received by no later than 11:59pm AEST on 15 November 2015.

9. This is a game of skill and judging of the answers to the Promotion Question will take place at the office of the Promoter on 30 November 2015 at 11.00am AEST.

10. Each Entry will be individually judged based on the creative merit of the answer provided to the Promotion Question. The three (3) most creative, humorous and original answers from all of the answers included on the Entry Emails received by the Promoter will win a Prize. There will be a total of three (3) prize winners for the Promotion. The decision as to the winners will be at the complete discretion of the Promoter and no correspondence will be entered into.

11. All Entries must be the sole work of the Entrant. All valid Entries received during the Promotion Period will be individually judged by a panel appointed by the Promoter.

12. By entering the Promotion, you grant the Promoter and Koninklijke Philips Electronics N.V and/or its affiliate companies an exclusive, royalty free, perpetual worldwide license to use and exploit your response to the Promotion Question by all means whatsoever (including without limitation, in print and electronic format). In addition, you consent to the Promoter and the Promoter’s related body corporates and agents infringing your moral rights in your response to the Promotion Question for an indefinite period of time by:

a) not naming you as the author of your response to the Promotion Question; and

b) amending or modifying (whether by changing, adding to or deleting/renaming) any part of your response to the Promotion Question.

13. Responses to the Promotion Question (with or without attribution to the author) may be reproduced on www.philips.com.au/promotions or www.bpmlifestyle.com.au for an indefinite period of time.

14. The winners will be notified in writing by email on 1 December 2015.

15. If a Prize remains unclaimed on 1 February 2016, the Promoter may undertake a further review of the Entries received in the Promotion and judge the next best response to the Prize Promotion Question, subject however to any directions given by any applicable gaming authorities. The winner of any unclaimed Prize will be notified in writing and phone.

Entries

16. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt. The Promoter and its associated agencies or companies accept no responsibility for lost, late, stolen, damaged or misdirected Entries Forms.

17. Incomplete Entries and Entries received after 11:59pm AEST on 15 November 2015 will be deemed invalid and will not be processed. Incomplete, indecipherable or illegible Entry Forms will also be deemed invalid.

Miscellaneous

18. The value of the Prize is accurate at the time of printing and no responsibility is accepted for any variation in value after that date. The Promoter retains the right to substitute the Prize in the Prize Promotion with a prize of equal or greater value (including where the Prize is unavailable). The Prize (including any unused portion) cannot be transferred, exchanged or redeemed for cash.

19. Any tax liability arising as a result of accepting any Prize is the responsibility of the winner.

20. If for any reason this Promotion is not capable of running as planned, including by, without limitation, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion, subject to approval of the relevant state and territory gaming authorities where applicable. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries.

21. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or Entry Form to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.

22. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

23. LIABILITY, INDEMNITY AND RELEASE: In consideration for the Promoter accepting the Entrant’s Entry Form, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with any Entrant’s participation in this Promotion and a winner’s acceptance and use of the Prize. The Entrant indemnifies and holds harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to other Entrants in the Promotion), arising as a result of or in connection with the Entrant’s participation in the Promotion.

24. The Promoter's decisions are final and no correspondence will be entered into.

25. These Terms and Conditions and the Entry Form constitute the entire agreement of the parties relating to the entry and the conduct of the Promotion.

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 (or any part of the Promotion), as appropriate. No responsibility will be accepted by the Promoter for late, lost or misdirected claims or for liability incurred by an Entrant.

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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (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 and Koninklijke Philips Electronics N.V ("Philips")(including their respective officers, affiliated companies, 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. By submitting an Entry, Entrants consent to the information they submit with their Entry being entered into a database, of Koninklijke Philips Electronics N.V and/or its affiliate companies and this information may be used in any media, for an indefinite period, for future promotional, marketing, publicity, research and profiling purposes including sending electronic messages or telephoning the Entrant, without any further reference or payment or other compensation to the Entrant. The Promoter and/or Philips may disclose Entrants' personal information provided to third parties, including but not limited to agents, contractors, service providers and offer suppliers, as required. All personal details of the Entrant will be stored by Koninklijke Philips Electronics N.V. and/or its affiliate companies and is subject to Philips Privacy Policy, see www.philips.com.au/privacypolicy. A request to access, update or correct any information can be made through the Philips Privacy Policy website. All claims become the property of the Promoter.

29. Any costs incurred by the Entrant associated with entering the Promotion, including accessing the Philips’ website, telephone enquiries in relation to the Promotion , and mailing the Entry Form are the sole responsibility of the Entrant.

30. Headings and subheadings are inserted for convenience only and shall not be used to interpret the text of these conditions in any way adverse to an interpretation in favour of the Promoter.

 

For more information, call 1300 360 442