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Terms and Conditions
Information on how to enter and the prizes form part of these Terms and Conditions. Entry into the “Energizer® World’s Longest Lasting Christmas” Promotion (“Promotion”) is deemed to be acceptance of these Terms and Conditions.
Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this Promotion and to the Terms and Conditions.
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, stepsister or 1st cousin.
The Promotion commences at 9am (AEDST) on 01/11/2016 and closes at 12.00pm midday (AEDST) on 24/12/2016 (“Promotional Period”).
To be eligible to enter, an entrant must purchase any Energizer® battery product (“Energizer Product”) from any retailer nationally that stocks the Energizer Products during the Promotional Period. Entrants must retain their original receipt(s) of purchase of any Energizer Products as proof of purchase.
To enter, an eligible entrant must, during the Promotional Period:
(a) visit www.energizerchristmas.com.au;
(b) follow the prompts to the Promotion entry page;
(c) enter all requested details (including full name, phone number, and email address);
(d) enter the barcode number displayed on the Energizer Product purchased by the entrant; and
(e) submit the fully completed entry form.
The Promoter reserves the right, at any time, to verify the validity of entries (including the barcode or proof of purchase used by an entrant) 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 the 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. Incomplete or indecipherable entries will be deemed invalid. Any entries received from any person not eligible to enter the Promotion will be void. Any entry made with a barcode that is stolen, forged, unrecognised or tampered with will be deemed void.
Entries received outside of the Promotion Period will be ineligible for entry. Entries are deemed to be received at the time of receipt by the Promoter.
Multiple entries are permitted, subject to the following: (a) only one (1) entry is permitted for each Energizer Product purchased; (b) each entry must be submitted separately and in accordance with these Terms and Conditions; (c) only one barcode per entry is permitted; (d) any barcodes that are unrecognised will be deemed invalid; and (e) a maximum of two (2) entries are permitted per person per day.
Failure by an entrant, to produce original purchase receipt(s) as proof of purchase of the relevant Energizer Product(s) for each of the entrant’s entries when requested by the Promoter, may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to any prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry into the Promotion by the entrant.
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.
All valid entries received during the Promotion Period will be placed in a draw which will take place at Anisimoff Legal, Suite 5, 210 Central Coast Highway, Erina NSW 2250 on 12/01/2017 at 2pm (AEDST). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing by email within two (2) business days of the draw and their names will be published on www.energizerchristmas.com.au on 16/01/2017.
The Promoter’s decision is final and no correspondence will be entered into.
The first ten (10) valid entries drawn will each win a “Longest Christmas” prize pack consisting of the following twelve (12) items (“Prize Pack”):
(a) FitBit Blaze Black/Silver Watch valued at $369.95;
(b) Go Pro Pack (comprising of a Go Pro Hero 4 Black Camera, Smart Remote and Waterproof Housing) valued at $999.85;
(c) LG 49 inch Smart TV valued at $1,198;
(d) Wii U Console valued at $429.95;
(e) BOSE QuietComfort 35 Wireless Headphones valued at $499;
(f) Apple iPad Pro 12.9 inch 128GB Wi-fi + Cellular with Apple Pencil valued at $1,864;
(g) Fugoo Tough XL Speaker valued at $499;
(h) $1,000 Flight Centre voucher;
(i) DJI Phantom 3 Standard Drone valued at $989;
(j) HTC VIVE VR Goggles valued at $1,650;
(k) FujiFilm SP-1 Instax Share Printer valued at $244.90; and
(l) Xbox One S 1TB Console valued at $499.
The total value of each Prize Pack is $10,242.65. The value of each prize in the Prize Pack is accurate and based upon the recommended retail price(s) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the Prize Pack after that date.
Each winner will receive one (1) prize from the Prize Pack each month over a 12-month period, commencing in January 2017 and concluding in December By entering this Promotion each winner agrees to receive the Prize Pack over this 12 month period, and if required by the Promoter will provide written confirmation of the same. The order in which each prize in the Prize Pack will be delivered will be determined by the Promoter in its absolute discretion.
No entrant may win more than one Prize Pack (except residents of South Australia who may win more than one Prize Pack).
The Flight Centre voucher is redeemable through Flight Centre. The Promoter excludes any liability for any Flight Centre voucher that is lost, stolen or damaged or tampered with in any way. Any ancillary costs associated with redeeming the Flight Centre voucher are not included in the Prize Pack and are the responsibility of the winner. Any unused balance of the Flight Centre voucher will not be awarded as cash and will be forfeited. Redemption of the Flight Centre voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
Any costs or expenses which are incurred by a winner in using any element of the Prize Pack does not form part of the Prize Pack, and are the responsibility of the winner. In regards to any electronic devices that form part of the Prize Pack and that are capable of an internet connection, including without limitation the Apple iPad Pro, LG Smart TV, HTC VIVE VR Goggles, Wii U and Xbox One consoles, the winners will be responsible for making all arrangements for connection with a data service provider and for payment of all associated connection, access and data charges.
If any winner is under the age of 18 years, the Prize Pack will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
Subject to clause 24, if for any reason a winner does not take the Prize Pack (or an element of the Prize Pack) at the time stipulated by the Promoter, then the Prize Pack (or that element of the Prize Pack) will be forfeited.
If any prize in the Prize Pack (or part of any such prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute that prize (or that part of the prize) with a prize of an equal or greater value and/or specification, subject to any written directions from a regulatory authority and the winner will be notified accordingly.
The total prize pool value is $102,426.50. Prize Packs, or any unused portion of a Prize Pack, are not transferable or exchangeable and cannot be taken or redeemed as cash, unless otherwise specified.
The Promoter may conduct such further draws as are necessary for any unclaimed Prize Packs on 12/04/2017 at Anisimoff Legal, Suite 5, 210 Central Coast Highway, Erina NSW 2250 at 2pm (AEDST), subject to any directions from a regulatory authority. Winners (if any) will be notified in writing by email within two (2) business days of the draw and their names will be published on www.energizerchristmas.com.au on 17/04/2017.
‘iPad Pro’ and ‘Apple Pencil’ are trademarks of Apple Inc. Apple Inc. is not a participant in or sponsor of this Promotion.
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.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right to, 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.
Any cost associated with accessing the website www.energizerchristmas.com.au is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly or otherwise manipulate the outcome of the Promotion is prohibited and will render all entries submitted by that entrant invalid.
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 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) 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) the Promotion;
(b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(c) any theft, unauthorised access or third party interference;
(d) 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;
(e) any variation in prize value to that stated in these Terms and Conditions;
(f) any tax liability incurred by a winner or entrant; or
(g) receiving, taking or using any prize included within the Prize Pack.
All entries become the property of the Promoter. 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, prize suppliers and, as required, to Australian regulatory authorities. 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 www.energizerbatteries.com.au. 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 an entrant’s PI to any entity outside of Australia.
The Promoter is Energizer Australia Pty Ltd (ABN 91 003 539 026) of 1 Figtree Drive, Sydney Olympic Park NSW 2127, telephone (02) 9763 6111. NSW Permit No. LTPS/16/ 06520 ACT Permit No. TP16/ 01575 SA Permit No. T16/ 1427
©2016 Energizer. Energizer and certain graphic designs are trademarks of Energizer Australia Pty Ltd. All other trademarks are trademarks of their respective owners.