ZODIAC FAIL TO WIN CAMPAIGN IS OPEN TO LEGAL RESIDENTS OF AUSTRALIA 18 YEARS OR OLDER AND IS VOID IN ALL JURISDICTIONS OUTSIDE AUSTRALIA. DO NOT PROCEED IN THIS COMPETITION IF YOU ARE NOT A LEGAL RESIDENT OF AUSTRALIA
NO PURCHASE OF ZODIAC PRODUCTS IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCE OF WINNING
1. The promoter is FLUIDRA GROUP AUSTRALIA Pty Ltd (ABN: 87 002 641 965) (“Promotor”) of 219 Woodpark Road, Smithfield NSW 2164 Australia
2. By entering this competition, you accept and agree to these Official Rules as well as the decisions of FLUIDRA GROUP AUSTRALIA ("Sponsor") and Shortstack.com ("Administrator"). You also agree to comply with the policies and terms of service of Facebook.
3. 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.
Promotion commences on 1st Apr 2021 and ends at 11:59pm AEST on 23rd April 2021 (“Promotional Period”). Entries must be received by the Promoter prior to the competition close date and time.
The winners will be announced by 11:59pm AEST 30th Apr 2021 on Zodiac Australia’s promotion page (https://www.zodiac.com.au/promotions) and notified by email or direct Facebook message sent from Zodiac Australia.
1. There are 2 ways to enter during the Promotion Period (entrants must choose either one):
1) Online: To enter via this online method of entry, visit https://www.zodiac.com.au/promotions, upload a pool fail photo with a caption and include all requested contact details, including a valid email address, and mobile number (as requested). OR
2) Facebook: To enter via this method of entry, log into Facebook, then upload a pool fail photo on your timeline with a caption and add hashtag #ZodiacFail2Win and mention @ZodiacAustralia, to receive one (1) entry. For this method of entry, each entry must include BOTH hashtag and the mention to be eligible. Entrants must adjust their Facebook account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Facebook account settings to ‘Public', and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant's burden to take any steps necessary to adjust their Facebook account settings so that messages can be sent by Sponsor. An Entrant's non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Facebook account settings, shall be entrants, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant's entry for any reason.
2. Limit: one (1) entry per person Anyone attempting to get more than one (1) entry may be disqualified from the entire Sweepstakes at Sponsor’s sole discretion.
3. Individuals must, during the Promotional Period, complete the competition entry requirements via EITHER ONE of the above method to be eligible to win. Duplicate photos will be counted as one entry. Only one (1) entry is permitted per person.
4. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid.
5. The Photo submitted must not be indecent or obscene or contain pornography or material of a sexual or other inappropriate nature or show illicit drugs, or represent Zodiac Australia in a false or negative light. Entries must be the entrant’s original work and must not contain any material which is offensive, defamatory, or objectionable. Any objectionable entry may be rejected (at the sole discretion of the Promoter but subject to State and Territory legislation). Photos that are copyrighted cannot be submitted unless you have permission from the photographer/owner. Photos including names or images of third parties may only be submitted with the prior approval of that third party. Photos cannot be returned. By entering this competition entrants agree and understand that their written entries and/or photos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph.
6. The Promoter reserves the right, at any time, to verify the validity of entries 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 entries process or engaged in any unlawful or other improper misconduct calculated to jeopardise 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.
7. 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.
This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on a combination of literary and creative merit and originality. The promotion will be judged by a panel of judges appointed by the Promoter. The judges’ decision is final and no correspondence will be entered into. The winner and runner-up winners will be notified by email or via social media (exact method of notification being in Sponsor’s/Administrator’s sole discretion) and will be required to respond if contacted via social media to confirm identity and provide an email address. If potential winner cannot be contacted by Sponsor for any reason or does not respond within 72 hours, or if potential winner is determined to be ineligible or otherwise not in compliance with these Official Rules, will result in disqualification of potential winner and prize forfeiture. If disqualified, an alternate winner may be selected from among all remaining eligible entries received.
1. One (1) winner will win 1 x GoPro Hero9 valued at RRP $599 and one (1) runner up winner will win 1 x MEGABOOM 3 speaker valued at RRP $299. Total prize value is RRP AUD $898.
2. Prizes will be sent within 2 weeks after the winner announcement.
3. If for any reason a winner does not take a prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. Prizes are not transferable or exchangeable and cannot be taken as cash.
4. If the prizes (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
5. The Promoter and their associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, or misdirected mail.
6. A prize, if unclaimed, will be subject to further judging that may take place on 30th May 2021, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing before 6th June 2021.
1. If, for any reason, this competition is not capable of being conducted as planned, including, but not limited, due to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers with the entries process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to State Legislation.
2. 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.
3. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the 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.
4. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
5. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
6. 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 death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion or use of any prize.
7. 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 entries 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking of a prize.
8. As a condition of accepting a prize, the winners (and their companion) 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
9. 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. Entries is conditional on providing this PI. PI collected in this promotion will be disclosed to FLUIDRA GROUP AUSTRALIA Pty Ltd. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.zodiac.com.au/privacy-policy. 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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
10. The Promoter has identified the following individual as its contact person regarding this promotion: csu@fluidra.com
11. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook 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 this promotion must be directed to the Promoter and not to Facebook.