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Terms and Conditions: #CoatesXmas promotion

1. Information on how to enter the #CoatesXmas promotion (“Promotion”), the prizes and rules for redeeming the prizes form part of these terms and conditions. Participation in this Promotion is deemed acceptance of these terms and conditions.

2. Any entry that does not comply with these terms and conditions is invalid. Incomplete, indecipherable or illegible entries will be deemed invalid.

3. Entry is open to Australian residents who are 18 years of age or older on the date of entry (“Eligible Entrants”). Eligible Entrants who are under the age of 18 years old on the date of entry must have parent or guardian approval to enter the Promotion and the parent or guardian of the Eligible Entrant must read and consent to these terms and conditions. Parents/guardians of Eligible Entrants under the age of 18 years old may be required by Coates Hire Pty Ltd (“Promoter”) to enter into a further agreement as evidence of consent to the minor entering the Promotion.

4. Employees of the Promoter or its associated companies, employees of any agencies associated with this Promotion and the immediate families of any such employees are not eligible to enter.

5. The Promotion commences at 10:00am AEST on the 18th of December 2020 and closes at 9:00 am AEST on the 4th of January 2021. The winners will be contacted by 5pm January 4th 2021.

(“Promotional Period”).

6. To enter, Eligible Entrants must participate in the #CoatesXmas Competition described in clause 7 ( CoatesXmas Competition”).

12 Days of Coates Competition

7. To participate in the Competition, Eligible Entrants must leave a comment on either the Instagram or Facebook post during the promotional period correctly answering the clue provided in each post. The first person to answer correctly will be the winner.

8. All entries must be uploaded by 9:00am AEST on January 4th 2021.

9. Entrants may enter as many times as they like provided that each entry is unique.

10. By entering the Promotion, each entrant warrants to the Promoter that in respect of each of the copyright works contained in their entry:

(a)  it does not infringe the rights of any third party and all efforts have been taken to avoid any such infringement including by adequately obscuring any copyright works depicted in the entry such as logos or brands;

(b)  it does not contain any trade marks, except those of the Promoter;

(c)  they own the copyright in those works and are entitled to submit the works as part of, and for the purposes of, the Promotion; and

(d)  they are the author of the works.

11. Entrants consent to any use of their entry that may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth), including to the Promoter’s use of all copyright works comprised in their entry:

(a)  without attribution to the entrant;

(b)  with changes to the work of any kind; and

(c)  in advertising and any other promotion of the Promoter and its products.

12. As a condition of entry, each Eligible Entrant must assign to the Promoter all copyright held by the Eligible Entrant in the works.

13. By entering the Promotion, each entrant warrants that each entry is not offensive, inappropriate, defamatory, does not infringe the rights of any third party including copyright or trade mark rights, or is not otherwise against


the law. The Promoter may, in its sole discretion, edit entries including to obscure brands or logos, or any other copyright works or trade marks. The Promoter may, in its sole discretion, take down an entry from any platform, or disqualify an entrant for an entry, that it deems to be offensive, inappropriate, defamatory, that infringes the rights of any third party including copyright or trade mark rights, or is otherwise against the law.

14.  Entries are deemed to be received at the time specified on the time stamp of the entry on the relevant social media platform, and not at the time of submission by the entrant. The Promoter is not responsible for failure to receive any entry, whether for any cause beyond its control or otherwise.

15.  All valid entries received during the Promotional Period will be judged by the Promoter or its agent at 13-29 Nichols St, Surry Hills NSW 2010 .

16.  The valid entry that best meets the criteria set out in clause 18 during the Promotional Period, as decided by the Promoter (“Winner”), will be awarded 1 x Coates Hire Prize Pack (“Prize”). A total of seven Winners will be selected, being 1 for each clue and therefore a total of seven Prizes.

17.  After judging, the Winner will be notified promptly via a comment or reply on the social media platform that their winning entry was submitted on or, alternatively, via direct message. This message will request the Winner’s personal details including a contact number, an email address and a residential address for delivery for the purposes of delivering the Prize. The Winner’s provision of the personal details will constitute the Winner’s acceptance of the Prize. Should the Winner fail to accept the prize within 2 months the judging date and time stipulated in clause 5 above, the relevant Winner’s entry will be deemed invalid and the Promoter will distribute any unclaimed Prizes to the next best ranking entry or entries (as applicable), as determined by the judges or the Promoter in its absolute discretion.

18.  Personal information (as defined in the Privacy Act 1988 (Cth)) will be collected and used for the purpose of conducting the competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the competition. The Promotor’s privacy policy, which is available at https://www.coateshire.com.au/our-terms/privacy-policy, contains information about how Personal Information is collected, used and stored by the Promotor.

19.  Entrants should direct any request to access, update or correct personal information to the Promoter. Each entrant consents, and has obtained the consent of all other individuals appearing in their entry, to his or her entry being used as permitted by these terms and conditions.

20.  The #CoatesXmas Competition is a game of skill and chance plays no part in determining the Winners. The first  entry to get the answer correct for each clue will be the Winners.

Miscellaneous

20.  Each Prize is valued at AUD$230 (GST inclusive). The Prize is not transferable and is not redeemable for cash. Each Prize consists of the following items: 1x Reusable coffee cup, 1x grey cap, 1x Stubby holder, 1x bottle opener USB, 1x camping chair, 1x Eski. Items within each Prize are not exchangeable.

21.  No cash prize will be awarded.

22.  If a winner is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian on their behalf.

23.  The Winner must ensure the Prize is not used in a manner that may bring the Promotor and the Promotor’s brand into disrepute.

24.  All decisions made by the Promoter are final and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.

25.  The Promoter may engage third party providers to assist in completing delivery of the prizes[JA(5] .

26. The Promoter may verify the validity of entries, including entrants’ identity, age and home address. The Promoter may also disqualify any entrant, including any entrant who tampers with the entry process, or who submits an entry that the Promoter in its sole discretion deems to be offensive, inappropriate, defamatory, or otherwise not in keeping with the spirit of the Promotion.

27.  The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter and its associated agencies and companies will not be liable for any problem or technical malfunction of any telephone, computer network, line, servers, or telephone or internet provider, traffic congestion on any computer network, or any combination thereof. They will also not be liable for any injury or damage to an entrant’s, or any other person's, computer or other communication device related to or resulting from their participation in, or sending or receiving of any communication or other materials as part of, this Promotion.

28.  If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated for any reason beyond the reasonable control of the Promoter, including but not limited to a computer virus, mobile phone failure, line drop outs, bugs, tampering, fraud, technical difficulties or unauthorised intervention, each 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.

29.  The use of any software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that entrant invalid.

30.  Any cost associated with accessing the promotional websites and social media accounts is the entrant’s responsibility and is dependent on the Internet service provider used.

31. By using and entering this Competition on Facebook or Instagram, Eligible Entrants:

(a)  agree to comply with Facebook’s or Instagram’s terms of use;

(b)  release Facebook or Instagram  from all claims based on, related to or arising from the Competition; and

(c)  acknowledge and agree that this competition is in no way sponsored or endorsed by or affiliated with Facebook or Instagram

32.  Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the competition, including, without limitation:

 

(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 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 market value to that stated in these terms and conditions;

(e)  any tax implications; or

(f)  the use of the Prizes

33.  If the Promotion is not able to be run as planned, whether through tampering, unauthorised intervention, fraud, technical failures or other cause beyond the control of the Promoter which affects the administration, security, fairness or integrity of the Promotion, the Promoter may cancel, terminate, modify or suspend the Promotion subject to State legislation.

34.  Each entrant indemnifies the Promoter against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Promoter in relation to any breach by the entrant of its obligations under these terms and conditions, except to the extent that the liabilities, damages, losses, costs and expenses are caused or contributed to by the negligence of the Promoter.

35.  Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

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