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Hi-Performance Promotion - DETAILED TERMS & CONDITIONS

THE CONDITIONS OF ENTRY

 

  1. Information on how to enter and prizes form part of these Conditions of Entry. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to retail staff who: (a) are employed in a participating retail store in Victoria, New South Wales, Australian Capital Territory, Queensland, South Australia, Tasmania, Western Australia or Northern Territory; (b) are Australian residents aged 18 years and over; and (c) sell one or more of any Hisense TV model and/or Hisense Refrigeration models during the promotional period (“Eligible Entrants”). Employees and their immediate families of the Promoter and their agencies associated with this promotion are ineligible to enter.
  3. Promotion commences on 15/10/2011 and closes at 11:59pm AEDST on 04/12/2011 or when all stocks of scratch cards have been distributed (whichever occurs first). A selected number of scratch cards will be allocated to each participating store, as determined by the Promoter in its absolute discretion.
  4. To be eligible to receive a “Hi-Performance” scratch and win card Eligible Entrants must successfully sell a Hisense TV model and/or a Hisense Refrigeration model (as per the terms outlined below) to a domestic consumer. One scratch card will be awarded for each successful eligible sale of a Hisense TV product and/or a Hisense Refrigeration Product (subject to availability). For the sake of clarity if an Eligible Entrant successfully sells ten (10) Hisense TV and/or Hisense Refrigeration products, then the Eligible Entrant will be eligible to receive ten (10) Hi-Performance” scratch and win cards (subject to availability), as per clause 5. A sale will only be considered to be successful once the eligible product has been fully paid for and is delivered to/collected by the eligible retail customer. Sales will be verified by Hisense sales representatives, using the participating retail in-store sales reports. Trade or Commercial sales are excluded. Deposits and Lay-Bys are not considered a ‘sale’ in regards to this promotion, unless the eligible product that is purchased via a deposit or a Lay-By method is fully paid for and is delivered to/collected by the eligible retail consumer by the end of the promotional period. Eligible Entrants must retain a copy of the customer invoice for each eligible product sold as proof of sale.  Failure to produce the proof of sale for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrant’s sales and forfeiture of any right to a scratch card. Invoice/s must clearly specify that the sale was made during the promotional period.
  5. Subject to verification, scratch cards will be awarded to Eligible Entrants by a Hisense sales representative during the representative’s normal call cycle to the participating retail store. The Eligible Entrant must scratch their card to reveal what prize they have won.To claim their instant win prize, Eligible Entrants must then fully complete the scratch card and present the relevant section of their winning scratch card to a Hisense sales representative during one of the Hisense sales representative’s normal call cycles to the participating store. Scratch cards are subject to verification and must be claimed by the unclaimed prize draw date specified below. Prize winners must provide full contact details.
  6. Eligible Entrants must retain their copy of the “Hi-Performance” scratch and win card tear off sections as proof of their win and the prize won for each entry. Failure to produce the tear off section of the scratch card for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrant’s entries and forfeiture of any right to a prize.
  7. Multiple entries permitted, subject to the following: (a) only one scratch and win card will be distributed per each Hisense TV model / Refrigeration model successfully sold to a domestic consumer (subject to availability); and (b) each sale and prize claim must be made/submitted in accordance with these Conditions of Entry.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. Error and omissions will 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.
  9. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
  10. Instant winners will be notified immediately in writing and their names (for prizes over $250) will be published in The Australian on 20/12/2011.
  11. Instant Win prizes to be Won: 5832 x $5.00 cash, 1196 x $10.00 cash, 400 x $20.00 cash, 300 x $50.00 cash, 190 x $100.00 cash, 82 x $200.00 cash. Total prize pool is valued at $99,520.00. Each cash prize will be awarded in the form of a cheque.
  12. No responsibility accepted for late, lost or misdirected entries.
  13. Any contact details entered incorrectly on the “Hi-Performance” scratch and win card or on any required promotional material shall be deemed invalid.
  14. The Promoter reserves the right to request that an Eligible Entrant provide proof of identity to be eligible to accept a prize.  Identification considered suitable for verification is at the discretion of the Promoter. 
  15. Total value of the potential prize pool is $99,520.00. Prizes are not transferable or exchangeable (unless otherwise specified).
  16. Promoter’s decision is final and no correspondence will be entered into.
  17. In the event that a winner has not come forward to claim their prize by 4pm AEDST on 13/03/2012, the Promoter may conduct a draw for any unclaimed prize(s) on this date and time at Loyalty Marketing, Suite 11, 210 Toorak Road, South Yarra VIC 3141, subject however to any written directions from a regulatory authority.  Any winners will be notified in writing and their names (for prizes over $250) will be published in The Australian on 20/03/2012.
  18. Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem a prize then the prize will be forfeited
  19. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State 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) 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.
  20. 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) 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 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; (d) any tax liability incurred by a winner or Eligible Entrant; or (e) use of a prize.
  21. If for any reason this promotion is not capable of running as planned, including but not limited due to a computer virus, bugs, tampering, technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to the fullest extent permitted by law (a) to disqualify any Eligible Entrant; or (b) subject to any written directions given by the various lottery departments, to cancel, terminate, modify or suspend the promotion, as appropriate.
  22. All entries become property of the Promoter. If the information requested is not provided, the entry will be deemed invalid and will be discarded. By entering the promotion, each Eligible Entrant also agrees that the Promoter may, for an indefinite period (unless otherwise advised) use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the Eligible Entrant, including sending the Eligible Entrant electronic messages or telephoning the Eligible Entrant.  Eligible Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation.  Eligible Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
  23. Eligible Entrants consent to the Promoter using the Eligible Entrant’s name, likeness, image and/or voice in the event that they are a winner (inc. photograph, film and/or recording of the same) in any media for an unlimited time without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  24. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  25. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
  26. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Scratch cards will be void if stolen, forged, mutilated or tampered with in any  way.
  27. Unless otherwise due to fraud or ineligibility under these Conditions of Entry or if the number of entries received is less than the number of prizes available, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
  28. There will be a total of 8,000 instant win game cards printed for this promotion. A selected number of scratch cards will be allocated to each participating store, as determined by the Promoter in its absolute discretion.
  29. The laws of Australia and States and Territories of Australia apply to this promotion to the exclusion of any other law.  Eligible Entrants submit to the exclusive jurisdiction of the courts of Australia.
  30. The Promoter is Hisense Australia Pty Ltd, ABN 55 105 022 080 of 1A Millennium Court, Knoxfield, VIC 3180. Phone: (03) 9765 8800.

 

Authorised Under NSW Permit No. LTPS/11/9590, VIC Permit No. 11/2218, ACT Permit No. TP11/4164, SA Permit No. T11/2182.