Terms and Conditions
1. The 'Win a Bedroom Makeover' (Promotion) is conducted by Forty Winks Pty Ltd [ABN 38059512640] of 88-90 Peters Avenue Mulgrave VIC 3170 (03 9574 5100)(Promoter).
2. The Promotion commences at 12.00AM (AEST)] on 20.04.2022 and closes at 11.59PM (AEST) on 22.05.2022 (Promotion Period).
Eligibility / How to enter
3. Entry is open to Australian residents who:
(a) [are over 18 years of age]; and
(b) are not a person that is (as determined by the Promoter):
- (i) involved (whether as a principal, agent or employee) in the conduct or the promotion of the Promotion (including any person who determines who is to win a prize in the Promotion); or
- (ii) involved in the management of the Promoter or any of the Promoter's related entities or any other benefitting organisation,
4. To enter, Eligible Entrants must, at any time before the end of the Promotion Period, subscribe to Forty Winks' mailing list.
5. A person is only eligible to enter the Promotion once.
6. The first eligible entry randomly drawn will win a bedroom makeover comprising of a gift voucher valued at $2,999 AUD (Prize). The total maximum value of the Prize is $2,999 AUD. Not Redeemable for Cash. Not Transferable.
7. The random electronic prize draw will take place at 12:00PM (AEST) on 23.05.2022 at 88-90 Peters Avenue, Mulgrave VIC 3170 (Draw). The first eligible entry drawn, as determined by the Promoter, will be awarded the Prize (Winner).
8. At the time of the Draw, the Promoter will randomly draw a further five additional eligible entries to be reserve winners if the Prize is not claimed in accordance with these terms (Reserve Winners).
8.1 Eligible Entrants are only eligible to win one Prize.
Announcing the Winner
9. The Promoter will notify the Winner by telephone and email within 7 days of the Prize being awarded, and will publish the last name, first initial and postcode (unless the Winner requests otherwise) of the Winner within 30 days of the Draw in on fortywinks.com.au (unless a Winner is unable to be contacted by that date, in which case publication in respect of that Winner will be as soon as practical after that Winner has been contacted).
Claiming the Prize
10. The Winner must claim the Prize by 5:00PM AEST on 22.09.22 after the Prize was awarded to them by confirming receipt of the notification email by return email or by such other method specified in the notification email.
11. If the Prize is not claimed by that time:
- (a) the Winner will be taken to have forfeited the Prize and the Promoter will award the Prize instead to the Reserve Winner to have been next drawn;
- (b) the Promoter will notify that Reserve Winner by telephone and email within 7 days of the Prize being awarded to them, and will publish their details in the manner described in clause 10; and
- (c) the first Reserve Winner must claim the Prize within 14 days.
12. If a Reserve Winner does not claim the Prize within 14 days, the process set out in clause 11 shall be applied again, and so on until the Prize has been claimed.
13. As a condition of claiming the Prize:
- (a) the Winner or Reserve Winner (as the case may be); or
- (b) consent to the Promoter using the Prize Recipient's and/or the Winner's / Reserve Winner's name, likeness, image and/or voice (including photograph, film and/or recording of the same) and suburb in any media for an unlimited period without remuneration for the purpose of this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter;
- (c) sign any legal release and indemnity as may be reasonably required by the Promoter and/or any suppliers of any elements of the Prize.
14. The prize will be sent to the winner via their nominated email address.
15. Complaints regarding the Promotion may be submitted by:
16. If there is a dispute concerning the complaint, the decision of the Promoter is final and binding, and no further correspondence will be entered into.
17. Information on how to enter and prize details set out in all communications regarding the Promotion form part of these terms.
18. Should they be a Winner, Entrants consent to publication of their details in accordance with these terms.
19. Any entry not complying with these terms is invalid. Errors and omissions may be accepted at the Promoter's discretion.
20. The Promoter’s decision is final in relation to all aspects of this Promotion and no correspondence will be entered into.
21. Beneficiaries of the Prize accept the Prize ‘as is’ and acknowledge that the Promoter accepts no responsibility for any tax implications that may arise from their Prize. Beneficiaries of the Prize should seek advice from the Australian Tax Office or their own taxation adviser or independent financial adviser.
22. Promoter reserves the right, at any time, in its sole discretion, 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 Entrant whom the Promoter has reason to believe has breached any of these terms, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
23. If for any reason this Promotion is not capable of running as planned (including, but not limited to infection by computer virus, bugs, 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 Promotion), the Promoter may, subject to the approval of all relevant regulatory authorities, take any action that may be available including cancelling, terminating, modifying or suspending the Promotion.
24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. Nothing in these terms 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
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its related entities (including its respective directors, officers, employees and agents) are not responsible for and exclude 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 variation in Prize value to that stated in these terms; (e) any tax liability incurred by a beneficiary of a Prize (including an Entrant and the Prize Recipient); (f) use/taking of the Prize (g) the Promotion.
27. All entries become the sole property of the Promoter. The Promoter collects your personal information so that it may process your entry, administer this Promotion and contact you regarding information on products or services that may be of interest to you.
28. The Promoter may communicate personal information to external providers and organisations to which it may outsource certain functions.
30. You may contact the Promoter via the Privacy Officer, Forty Winks Franchising Pty Ltd, 88-90 Peters Avenue, Mulgrave VIC 3170, or by email firstname.lastname@example.org