New Zealand
United KingdomWin a Huawei Mate 9 handset! Huawei Mobile
#Mate9Monochrome Competition
Huawei Mobile·Wednesday, 15 February 2017
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via black & white photo post to Facebook, Twitter or Instagram using the hashtag #Mate9Monochrome
ELIGIBILITY
2. Entry is only open to residents of Australia aged 15 years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, franchisees, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If the winner of a prize is aged under 18 years, the prize will, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner.
PROMOTIONAL PERIOD
4. The Promotional Period for this Promotion commences at 12:00pm (AEST) on 15/01/2017 and ends 5:00pm (AEST) on 03/03/2017.
HOW TO ENTER
5. To enter the Promotion, Entrants must post a black & white (monochrome) photo to Facebook, Twitter or Instagram using the hashtag #Mate9Monochrome. The photo must be posted to the entrants’ Facebook, Twitter, or Instagram account so that it may be publically visible.
6. Multiple entries are not permitted. Entrants posting multiple entries to the competition will be judged only by their first image posted chronologically.
7. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
8. Costs associated with accessing the Promotional Page remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
9. Entrants acknowledge that their personal social media page may be updated by entering the promotion and that their entry (or entries), their name, locality and/or profile photograph may be featured on the Promotional Page and generally on Instagram, Facebook or Twitter for public viewing during the Promotional Stages and in perpetuity (unless otherwise requested). Once an entry is submitted, Entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
10. Instagram membership, notifications, pages, applications and use of Instagram generally is subject to its prevailing terms and conditions of use at https://help.instagram.com/478745558852511/ The promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Instagram.
11. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
WINNER DETERMINATION
12. All eligible entries will be judged by a panel of appropriately qualified judges at 600 Bourke St, Melbourne 3000. All eligible entries will be judged on a basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. The winners will be notified in writing within two (2) business days of the judging for each Promotional Period. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. The judges’ decision is final and no correspondence will be entered into.
13. The winner must confirm their eligibility to be awarded a prize and their ability to accept a prize within three (3) business days of being successfully notified by the Promoter that their entry has been judged as the winner for the Promotional Period, otherwise their entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best judged entry within three (3) business days of the judging, or in the event of an invalid entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept the prize, the Promoter may, in its sole discretion, award the prize to the next best judged entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the prize will the Entrant, subject to these Conditions of Entry, be deemed a winner of the judging.
PRIZES
14. The winning entry judged to be the best from all eligible entries received will win (1) 1 x Huawei Mate 9 Handset
17. The Promoter reserves the right to request a winner produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the identity and age of the winner before issuing a prize.
18. It is a condition of accepting and participating in a prize that the winner may be required to sign legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion. If a winner is under 18 years of age, their parent or legal guardian must also agree to and sign such documents (if requested by the Promoter).
21. The prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prize must be taken as offered and cannot be varied. The prize cannot be used or redeemed in conjunction with any other offer. All prize values are the recommended retail price including GST.
GENERAL
22. Entrants can only enter from their own Facebook account. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian who gave their consent, where an Entrant is under 18 years of age). If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
23. The Promoter reserves the right to verify the validity of any and all entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper is conduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
24. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
25. Entrants are solely responsible and liable for their entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Page in accordance with its prevailing terms and conditions of use. Any entries that are removed by the Promoter from the Promotional Page will not be considered eligible entries for the purpose of the promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
26. By entering the promotion, each Entrant absolutely and unconditionally assigns to the Promoter (and agrees to use their best endeavors to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their entry. An entry and all Intellectual Property Rights subsisting in the entry irrevocably become, at time of entry, the property of the Promoter. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their entry in the Promoter. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the entry in any manner at its sole discretion, to alter the entry in any manner and to the Promoter not attributing authorship of the entry to the Entrant.
27. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
28. As a condition of entering this promotion, each Entrant (or their parent of legal guardian, if the winner is aged under 18 years) consents to, in the event they are a winner, the Promoter using the Entrant's entry, name, locality (including suburb and State or Territory of residence),likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome),and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant (or their parent of legal guardian, if the winner is aged under 18 years) agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
29. The winning entries may be used in any marketing and promotional campaign for the Promoter’s brand and product line in any media (including on outdoor billboards, websites, social media, PR campaigns, street posters and other print material). The Promoter shall determine, in its sole discretion, how and to what extent the winning entries will be used in any marketing and promotional campaign.
30. The winners will not receive remuneration for the Promoter’s use of their winning entry in the marketing campaign. The Promoter (or its agencies) may record and reproduce on digital media, film, tape, illustration, photograph and by other means, each winning entry for the purpose of the marketing campaign. The Promoter (or its agencies) may use each winning entry (in whole or part) in any way in any media for the purposes of marketing and promoting the Promoter’s brand and product line without further consent of the winners and without any payment or compensation payable to the winners. The Promoter (or its agencies) may edit each winning entry in any way.
31. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
32. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster),infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s).
33. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or(iv) acceptance and/or use of any prize.
34. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Page, or the information on the Promotional Page, or to otherwise undermine the legitimate operation of this promotion maybe 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. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
35. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
36. The Promoter’s agency, Ogilvy & Mather (Sydney) Pty Ltd collects Personal Information about an Entrant, where appropriate, to award the prizes and administer the promotion. If the Personal Information requested is not provided, the Entrant cannot be eligible to be awarded a prize for this promotion.
37. Each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of New South Wales, Australia and each Entrant submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.
38. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988(Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
39. Promoter Huawei Technologies (Australia) Pty Limited ABN 49 103 793 380 of Level 6, Tower B, 799 Pacific Hwy, Chatswood, NSW, 2067 Australia
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Huawei Mobile·Wednesday, 15 February 2017
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via black & white photo post to Facebook, Twitter or Instagram using the hashtag #Mate9Monochrome
ELIGIBILITY
2. Entry is only open to residents of Australia aged 15 years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, franchisees, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If the winner of a prize is aged under 18 years, the prize will, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner.
PROMOTIONAL PERIOD
4. The Promotional Period for this Promotion commences at 12:00pm (AEST) on 15/01/2017 and ends 5:00pm (AEST) on 03/03/2017.
HOW TO ENTER
5. To enter the Promotion, Entrants must post a black & white (monochrome) photo to Facebook, Twitter or Instagram using the hashtag #Mate9Monochrome. The photo must be posted to the entrants’ Facebook, Twitter, or Instagram account so that it may be publically visible.
6. Multiple entries are not permitted. Entrants posting multiple entries to the competition will be judged only by their first image posted chronologically.
7. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
8. Costs associated with accessing the Promotional Page remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
9. Entrants acknowledge that their personal social media page may be updated by entering the promotion and that their entry (or entries), their name, locality and/or profile photograph may be featured on the Promotional Page and generally on Instagram, Facebook or Twitter for public viewing during the Promotional Stages and in perpetuity (unless otherwise requested). Once an entry is submitted, Entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
10. Instagram membership, notifications, pages, applications and use of Instagram generally is subject to its prevailing terms and conditions of use at https://help.instagram.com/478745558852511/ The promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Instagram.
11. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
WINNER DETERMINATION
12. All eligible entries will be judged by a panel of appropriately qualified judges at 600 Bourke St, Melbourne 3000. All eligible entries will be judged on a basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. The winners will be notified in writing within two (2) business days of the judging for each Promotional Period. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. The judges’ decision is final and no correspondence will be entered into.
13. The winner must confirm their eligibility to be awarded a prize and their ability to accept a prize within three (3) business days of being successfully notified by the Promoter that their entry has been judged as the winner for the Promotional Period, otherwise their entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted the best judged entry within three (3) business days of the judging, or in the event of an invalid entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept the prize, the Promoter may, in its sole discretion, award the prize to the next best judged entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded the prize will the Entrant, subject to these Conditions of Entry, be deemed a winner of the judging.
PRIZES
14. The winning entry judged to be the best from all eligible entries received will win (1) 1 x Huawei Mate 9 Handset
17. The Promoter reserves the right to request a winner produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the identity and age of the winner before issuing a prize.
18. It is a condition of accepting and participating in a prize that the winner may be required to sign legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion. If a winner is under 18 years of age, their parent or legal guardian must also agree to and sign such documents (if requested by the Promoter).
21. The prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prize must be taken as offered and cannot be varied. The prize cannot be used or redeemed in conjunction with any other offer. All prize values are the recommended retail price including GST.
GENERAL
22. Entrants can only enter from their own Facebook account. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian who gave their consent, where an Entrant is under 18 years of age). If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
23. The Promoter reserves the right to verify the validity of any and all entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper is conduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
24. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
25. Entrants are solely responsible and liable for their entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Page in accordance with its prevailing terms and conditions of use. Any entries that are removed by the Promoter from the Promotional Page will not be considered eligible entries for the purpose of the promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
26. By entering the promotion, each Entrant absolutely and unconditionally assigns to the Promoter (and agrees to use their best endeavors to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their entry. An entry and all Intellectual Property Rights subsisting in the entry irrevocably become, at time of entry, the property of the Promoter. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their entry in the Promoter. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the entry in any manner at its sole discretion, to alter the entry in any manner and to the Promoter not attributing authorship of the entry to the Entrant.
27. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, willful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
28. As a condition of entering this promotion, each Entrant (or their parent of legal guardian, if the winner is aged under 18 years) consents to, in the event they are a winner, the Promoter using the Entrant's entry, name, locality (including suburb and State or Territory of residence),likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome),and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant (or their parent of legal guardian, if the winner is aged under 18 years) agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
29. The winning entries may be used in any marketing and promotional campaign for the Promoter’s brand and product line in any media (including on outdoor billboards, websites, social media, PR campaigns, street posters and other print material). The Promoter shall determine, in its sole discretion, how and to what extent the winning entries will be used in any marketing and promotional campaign.
30. The winners will not receive remuneration for the Promoter’s use of their winning entry in the marketing campaign. The Promoter (or its agencies) may record and reproduce on digital media, film, tape, illustration, photograph and by other means, each winning entry for the purpose of the marketing campaign. The Promoter (or its agencies) may use each winning entry (in whole or part) in any way in any media for the purposes of marketing and promoting the Promoter’s brand and product line without further consent of the winners and without any payment or compensation payable to the winners. The Promoter (or its agencies) may edit each winning entry in any way.
31. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
32. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster),infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s).
33. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or(iv) acceptance and/or use of any prize.
34. Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Page, or the information on the Promotional Page, or to otherwise undermine the legitimate operation of this promotion maybe 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. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
35. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
36. The Promoter’s agency, Ogilvy & Mather (Sydney) Pty Ltd collects Personal Information about an Entrant, where appropriate, to award the prizes and administer the promotion. If the Personal Information requested is not provided, the Entrant cannot be eligible to be awarded a prize for this promotion.
37. Each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of New South Wales, Australia and each Entrant submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.
38. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988(Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
39. Promoter Huawei Technologies (Australia) Pty Limited ABN 49 103 793 380 of Level 6, Tower B, 799 Pacific Hwy, Chatswood, NSW, 2067 Australia
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