A Guide to the Kool4U Stubby Cooler Competition

Kool4U is delighted to be hosting its inaugural Summer Party Pack Competition. For the month of November, we’ll be inviting entrants to enter our competition for a chance to win a custom stubby cooler pack. You’ll find attached to this guide our full terms and conditions, which you agree to by entering the competition. To help you in understanding them, we’ve created this simple guide:

COMPETITION TERMS AND CONDITIONS

  1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid.
  2. The Promoter is Kool4U, 1/1 Distribution Dr, Molendinar QLD 4214, [email protected], 0431 531 116.

Competition period

  1. The competition commences at 9.00am AEST on 9 November 2017 and closes at 9.00pm AEST on 30 November 2017 (Competition Period).

Eligibility

  1. Entry is open to residents of Australia who are aged 18 years or over (Eligible Entrants).

How to enter

  1. To enter, Eligible Entrants must visit the Kool4U Facebook page (available at https://www.facebook.com/kool4ustubbycoolers during the Competition Period and:
    • like and follow the Kool4U page; and
    • comment on the competition post with their state or territory and six (6) emojis or less to describe their best party.
  2. A limit of one entry applies per person.

Judging date and time

  1. Judging will take place at 10.00am AEST on Monday, 4 December 2017 (Judging Date and Time). All entries will be judged by the Promoter on their merits based on creativity.
  2. The best entry from each state and territory as determined by the Promoter in their absolute discretion will win the Prize for that state or territory.
  3. This is a game of skill and chance plays no part in determining the winner.

Prizes

  1. The Prizes are Kool4U Summer Party packages (including stubby coolers, bar runner, custom artwork, and free delivery, valued at $250 (Prizes).
  2. All expenses other than those expressly referred to in this clause will be at the winner’s cost. The Prizes do not include the cost of travel by the winner to the location where the Prize is to be redeemed, or travel between various locations where parts of the package are delivered, and such costs are the responsibility of the winner. All taxes (excluding GST) which may be payable as a consequence of receiving the Prize are the sole responsibility of the winner. The Promoter will not be liable for the failure of the winner to meet travel schedules or cancellations and no cash or other prize will be awarded if the winner cancels for any reason.
  3. The total prize pool value is approximately $250.00.
  4. Prizes must be redeemed by 20th December 2017, and are not able to be rescheduled, transferred or redeemed for cash:
  5. The winner of each prize must redeem the prize in the state or territory stated in their entry.
  6. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of any winner accepting and/or using the Prize, except for any liability which cannot be excluded by law.

Prize substitution

16. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may within its absolute discretion substitute a prize (or the relevant part of a prize) with a prize of equal or greater value.

Winner notification

17. Winners will be notified within 48 hours of the judging taking place by Facebook Messenger. The names of winners will also be published on the Kool4U Facebook page and website.

Unclaimed prizes

18. All prizes will be distributed after the close of the Competition.

19. If the Promoter does not receive from a winner:

  • within 48 hours of the Promoter’s notification, written acceptance of the Prize;

the relevant winner’s entry will be deemed invalid and the Promoter will distribute any unclaimed prizes to the next best ranking entry or entries (as applicable), as determined by the Promoter in its absolute discretion.

20. Winners of unclaimed prizes will be notified by Facebook Messenger.

21. The Promoter assumes no responsibility for any failure to receive an entry or acceptance notification or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches and electronic communication delivery failures. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the competition.

Use of personal information

22. Personal information including Eligible Entrant’s name and state of residence will be collected and used for the purpose of conducting this Competition. Further personal information, including phone numbers, postal addresses and email addresses may also be collected for the purpose of Prize delivery. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing) (Purpose).

23. By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for the Purpose. Eligible Entrants may access, change and/or update their personal information by emailing the Promoter at [email protected]

Entry content

24.Entries must be the Eligible Entrant’s original work. The Promoter reserves the right to require the Eligible Entrant to verify that the entry is the Eligible Entrant’s original work. If the Promoter is unable to verify that the entry is original work to its satisfaction, the entry will be deemed invalid.

25. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights. Entrants agree to indemnify the Promoter and its associated agencies against all losses, damages, claims and costs by third parties arising out of, connected to, or resulting from, a breach of the warranty set out in this clause

26. An Eligible Entrant’s entry must not include:

  • any image, video or voice of any other person without that person’s express consent; and
  • any content that contravenes any law;
  • any content that is obscene, offensive, potentially defamatory, discriminatory, indecent, prejudicial or inconsistent with prevailing community standards.
  1. By entering this Competition, Eligible Entrants grant the Promoter a non-exclusive licence to use the content of their entry, or any part of the content of the entry, in any way the Promoter wishes (including modifying, adapting, copying, cropping, retouching, editing, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media for the purposes of the Promoter’s business on its website, social media or in any marketing campaign, without payment to the Eligible Entrant of royalties or compensation. If requested by the Promoter, Eligible Entrants agree to sign any further documentation required by the Promoter to give effect to this clause.
  2. By entering this Competition, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights, and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
  3. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter or Prize suppliers. If requested by the Promoter, Eligible Entrants agree to sign any further documentation required by the Promoter to give effect to this clause.

Social media platforms

30. By using and entering this Competition on Facebook Eligible Entrants:

  • agree to comply with Facebook’s terms of use; and
  • release Facebook from all claims based on, related to or arising from the Competition; and
  • acknowledge and agree that this Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.

31. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from entering or participating in this Competition including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Competition.

No Disparagement

32. Entrants agree that, subject to law and their rights in connection with the enforcement of this agreement, they may not at any time:

  • disparage, permit or authorise the disparagement of the competition, Promotor or any sponsor affiliated with the competition; or
  • otherwise make, permit or authorise the making of any statement in any way relating to or connected with any matters in dispute which is calculated or is reasonable likely to cause damage to the competition, Promotor or any sponsor affiliated with the competition (including damage to their respective reputations).

This clause survives termination or expiry of this agreement.

General conditions

33. The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications.  Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.

34. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to the Promoter.

35. The Promoter reserves the right to request verification of the social media profile of Eligible Entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final.  The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion.  Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.

  1. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Competition has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.
  2. Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
    • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    • any theft, unauthorised access or third party interference;
    • any entry 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;
    • any variation in market value to that stated in these terms and conditions;
    • any tax implications; and/or
    • the Prize or use of the Prize.
  3. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.