BROTHER CREATES COMPETITION OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
The #BrotherCreates…Buttons (“Promotion”) is organised by Brother International (Aust) Pty Ltd (“Organiser”). This promotion is in no way organised, endorsed or administered by, or associated with Facebook Inc. Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Organiser, which are final and binding.
BROTHER CREATES COMPETITION OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
The #BrotherCreates…Buttons (“Promotion”) is organised by Brother International (Aust) Pty Ltd (“Organiser”). This promotion is in no way organised, endorsed or administered by, or associated with Facebook Inc. Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Organiser, which are final and binding.
Winning a prize is contingent upon fulfilling all requirements as stated in these Official Rules. Each winner is solely responsible for the payment of any federal, state, or local income taxes that may result from their acceptance and receipt of any prize. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
1. ELIGIBILITY: The Promotion is open to legal residents of Australia who are over 18 years of age or have reached the legal age of majority in their state of residence. Employees of Organiser and their respective affiliates, subsidiaries, agents, advertising and promotional agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of any such employees, whether or not related, are not eligible to enter or win.
2. TIMING: The Promotion begins on 1st July 2014 at 11:00AM and ends on 29th July 2014 at 11:00AM (the “Promotion Period”). Organiser’s computer will be the official time-keeping device for this Promotion.
All dates/times are 2014
Phases Timeline Dates
Entry Submissions; 28 days; 1st July 2014 at 11:00AM – 29th July at 11:00AM
Voting; 28 days; 1st July 2014 at 11:00AM – 29th July at 11:00AM
Winner Notification; 30th July 2014
Winner Announcement; 31st July 2014
3. HOW TO ENTER: To enter, visit www.facebook.com/BrotherAustralia to “Like” the Brother Australia Facebook page. Entrants must then visit the competition App on the page and submit their image and fill out the entry form. Entrants have to submit an image of their latest DIY creation using buttons. They must submit both an image and descriptive text about the project. (“Entry”).
4. ENTRY REQUIREMENTS: All entries submitted during the Promotion must satisfy the following:
4.1. Your Entry must be original.
4.2. Your Entry cannot refer to or contain any brand names other than those of Organiser and cannot be confusingly similar to any third party product names, brand names or trademarks.
4.3. Your Entry must be submitted in .jpg, .gif or .png file format. Your Entry cannot exceed 7MB.
4.4. Your Entry cannot contain material that violates or infringes any third party’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
4.5. Your Entry cannot contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
4.6. Your Entry cannot contain material that is inappropriate, obscene, indecent, tortuous, offensive, violent, hateful, or defamatory, or that disparages Organiser or contains any other content otherwise prohibited by or contrary to the laws of the state in which the Entry is created.
4.7. Any Entry that is determined by Organiser in its sole discretion at any time during the Promotion to violate the Entry Requirements or these Official Rules, or to otherwise be unsuitable, offensive or in poor taste may be rejected and disqualified.
As noted below, the winning entry will be selected by Votes generated for the image. Organiser’s sole obligation to any verified winner of this Promotion is to furnish the winner with one of the prizes described below. Nothing in these Official Rules shall be construed to preclude or obligate Organiser from using winning entries in future product branding, advertising, promotional and other marketing materials of any kind and in any medium whatsoever.
5. ENTRY CONDITIONS:
5.1. There are no restrictions on the number of entries during the Promotion Period. Any attempt by a person to use multiple names or email addresses to enter the Promotion will result in disqualification. Any attempted entry by means except as permitted in these Official Rules is prohibited and will void all submitted entries by that entrant. Organiser reserves the right to disqualify any entrant that tampers with the entry process.
5.2. By submitting an Entry in accordance with Section 3 and 4 above, you hereby grant to Organiser a limited, worldwide, royalty-free and irrevocable license to display and reproduce your Entry on www.facebook.com/BrotherAustralia, http://instagram.com/BrotherAustralia and incorporate your Entry within social media posts, comments or advertising in connection with this Promotion published by Organiser for the duration of the Promotion Period. Organiser will include credit attribution using your first name and last initial or username in connection with the display or reproduction of your Entry and you agree that you waive all rights to review or approve the credit attribution format prior to publication. You further agree that you will not be entitled to any compensation or money in connection with the display or reproduction of your Entry by Organiser. Due to the nature of social media platforms, your Entry may be stored on the social media platform after the close of the Promotion Period and you agree that Organiser is under no obligation to remove your Entry from a social media platform if posted during the Promotion Period in accordance with this section.
5.3. All Entrants must provide a valid and functioning email address at the time of registration, which must remain valid and functioning for notification purposes. In the event of a dispute as to the identity or eligibility of a potential winner, Organiser will deem the winning Entry to have been made by the “Authorized Account Holder” of the email address used at the time of entry and he/she must comply with these Official Rules. Authorized Account Holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Internet access is required and normal Internet access and usage charges imposed by your online service provider will apply.
5.4. Any attempted participation by means except as permitted in these Official Rules is prohibited and will void the submitted Entry by that entrant. Organiser reserves the right to disqualify any entrant that tampers with the entry process.
6. WINNER SELECTION: Eligible entries will be judged by public voting available through the Competition App and will be scored using the following equally weighted criteri the entrant with the highest number of votes by the end of the promotional period who has correctly answered the brief – uploading an image and description of a project the entrant has developed using buttons. (“Judging Criteria”). The entrant who receives the highest score will receive the Grand Prize. There will be only one (1) Grand Prize winner. Subject to verification of eligibility, the entrants will be awarded prizes in accordance with the scores as determined by the Organiser.
7. PRIZES:
7.1. Grand Prize. The Grand Prize winner will receive one (1) Brother NS55 Computerised Sewing Machine approximate retail value (“ARV”) $699.
8. PRIZE RESTRICTIONS:
8.1. Each winner assumes sole responsibility for all costs and expenses associated with prize acceptance and use not explicitly stated herein as being provided, including without limitation, all federal, state and local taxes, including income taxes (if any), fees, and surcharges on the prize. Organiser will comply with all tax reporting requirements. Prizes are not redeemable for cash and prizes may not be transferred or substituted except that Organiser may substitute a prize, or portion thereof, with a prize of comparable or greater value. Any portion of any prize not used by any winner is forfeit, and no cash substitute will be offered or permitted. Merchandise prizes carry no warranty other than that offered by the manufacturer. The Grand Prize is provided “as is” with no warranty or guarantee either express or implied by Organiser. Organiser has neither made nor is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for particular purpose. Depictions of prizes in Promotion-related materials are for illustrative purposes only and may not accurately reflect actual prize provided.
8.2. Each prize winner is solely responsible for any costs or expenses associated with acceptance of the prize and use not specified above as part of prize description.
8.3. The prize winner must accept prize as described in these Official Rules. If the prize winner is not willing or able to accept prize as described, the Organiser may, in its discretion, disqualify that winner and award the prize to an alternate winner in accordance with the disqualification provisions below.
9. PRIZE DELIVERY: Each prize will be mailed or shipped to the winner in accordance with the information supplied to the Organiser by the winner. Allow up to 4 to 6 weeks after verification of eligibility for prize delivery.
10. WINNER NOTIFICATION, VERIFICATION AND DISQUALIFICATION:
10.1. Notification of Potential Winner: Each potential winner will be notified via email on or about 8th July 2014 and must reply to Organiser within the time period designated by Organiser.
10.2. Verification: Potential prize winner may be required to provide Organiser with any or all of the following verification documents within 24 hours of initial contact of such requirements: Notarized Affidavit of Eligibility & Liability Release, a Publicity Release (where legal), completed
tax acknowledgment or taxpayer information forms, acceptable identification (valid government issued-photo ID), other proof of eligibility and other legal documents.
10.3. Disqualification: In the event that (a) any attempted notification or prize delivery to a potential winner is returned as undeliverable, (b) any prize is unclaimed within the required time period, or (c) any potential winner (i) does not reply to the initial notification within the time required, (ii) fails to satisfy any eligibility or verification requirement herein, (iii) declines to accept the prize or to accept the prize as described herein, (iv) or is otherwise determined to be ineligible or not in compliance with these Official Rules for any other reason, Organiser in its discretion may disqualify that individual and award the prize to an alternate winner based on the next highest scoring Entry. An alternate winner is subject to all eligibility requirements and restrictions of these Official Rules.
11. GENERAL CONDITIONS:
11.1. Organiser is not responsible for lost, late, incomplete, stolen, delayed, inaccurate, or illegible entries. All entries become the property of Organiser upon receipt and will not be acknowledged or returned.
11.2. Organiser reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion should any non-authorized intervention or other cause beyond Organiser’s control corrupts or impairs the security, administration, fairness or operation of this Promotion as determined by Organiser in its sole discretion.
11.3. Organiser reserves the right to correct typographical or clerical errors in any Promotion related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available or claimed, Organiser reserves the right to award only the stated number of prizes.
11.4. Organiser reserves the right to prohibit any entrant from participating in the Promotion if, at its sole discretion, Organiser finds such entrant to be tampering with the entry process or the operation of the Promotion, of if the entrant has repeatedly shown a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Organiser determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Organiser; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Promotion in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by Organiser to enforce any of these Official Rules shall not constitute a waiver of these Official Rules.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ORGANISER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATION OF LIABILITY & RELEASE: You agree that Organiser, Facebook Inc. and each of their respective affiliates, subsidiaries, directors, agents, agencies, promoters, officers, employees and related persons (a) are not responsible for entries that for any reason are not received by Organiser by the deadlines as stated in these Official Rules; (b) are released from any and all liability related to this Promotion and the receipt and use of any prize; and (c) will not be responsible for the inability to select a winner. By participating in the Promotion, you agree to release and hold
harmless Organiser, Facebook Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising and promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to, personal injury, death, or damage to or loss of property, arising out of your participation in the Promotion, use or misuse by any of the Released Parties of an Entry-related materials or acceptance and use or misuse of any prize.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
13. PUBLICITY: Except where prohibited by law, a winner's acceptance of a prize constitutes permission for Organiser and its designees to use that winner's name, photograph, likeness, statements, biographical information, voice, address (city and state), Entry and details of winning for advertising, promotion and other purposes, worldwide and in all forms of media, in perpetuity, in any manner, together with other materials, without further compensation or notification to, or permission from, the winner.
14. COLLECTION OF INFORMATION: You agree that any personal information provided to Organiser or its authorized third parties may be used as described in Organiser’s privacy policy available here: http://brother.com.au/about-us/privacy-policy.html. You are providing your information to Organiser and its authorized third parties for purposes described in the privacy statement, including for purposes of Promotion entry and prize fulfillment, and to receive product and promotion communications from Brother.
15. GOVERNING LAW: This Promotion is governed by Australian law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrant and Organiser in connection with this Promotion shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice of law or conflict of law rules (whether of Australia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Australia.
16. DISPUTES: By entering the Promotion, you agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain any award for and you hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
17. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
18. WINNERS LIST: For a copy of the winners list, please mail a self-addressed, stamped envelope to: Brother Creates…Buttons, Attn: Social Media Team. Requests for a copy of the winners list must be received by December 30, 2014.
19. ORGANISER: Brother International (Aust) Pty Ltd ABN 17 001 393 835.
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