Australia

Bose Summer Social Media Promotion - Terms and Conditions

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  2. Entry is only open to Australian residents. 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, step-sister or 1st cousin. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter the Competition.

  3. Promotion commences on 15/12/2014 and closes at 10:00am AEST on 23/12/2014 (“Promotional Period”). Bose Australia will post on Facebook and Twitter when the Promotion commences and will announce the winners on the 24/12/2014.

  4. To enter, an Eligible Entrant must have a current Facebook or Twitter Account and comment on the competition post for their chance to win 1 of 2 SoundLink® Mini Bluetooth® speakers valued at AU $249.00 each. Instructions to enter: a) via Facebook: entrants must comment on Bose Australia’s Facebook post with their top 5 summer essentials and tag a friend (in 25 words or less) OR b) via Twitter: entrants tweet their top 5 summer essentials via Twitter, tagging @Bose_Australia in response to the competition tweet.

  5. All entrants must ensure that their Competition entry is posted online during the Entry Period. The Promoter takes no responsibility for any late or misdirected images/entries or for any delays or failures in any telecommunications service or equipment.

  6. For the avoidance of doubt, entrants’ Facebook post and Twitter profiles must be on public display so that entries can be accessible by the Promoter and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for entry.

  7. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the originality and creative merit of the image provided to the promotional question. The winners will be notified according to their entry method: a) for entries submitted on Facebook – via a comment on their Facebook post with their name tagged b) for entries submitted on Twitter – via a reply on their tweet from @Bose_Australia with their username tagged.

  8. 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 entry 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.

  9. Entrants consent to the Promoter publishing their entry/entries on any Bose owned channels or used in future marketing.

  10. One entry per person permitted. Incomplete or indecipherable entries will be deemed invalid.

  11. 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.

  12. The Promoter’s decision is final and no correspondence will be entered into.

  13. If for any reason a winner does not take a prize (or an element of the prize) by 16th January 2015, then the prize (or that element of the prize) will be forfeited.

  14. If any prize (or part of any 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.

  15. Total prize pool value is $498.00. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Prize pool breakdown is explained in section 28.

  16. Each winner will be required to provide the Promoter with details requested by the promoter to redeem their prize before 16th January 2015. Prize will be mailed out to the winners once details have been received.

  17. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  18. (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    (b) their Content shall not contain viruses or cause injury or harm to any person or entity;
    (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    (d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
    (e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

    Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  19. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

  20. 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 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.

  21. 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

  22. 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 and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its 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. 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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

  23. The Competition is in no way sponsored, endorsed, administered by, or associated with, Facebook or Twitter.

  24. By entering the Competition, each entrant releases Facebook, Inc. and Twitter from any and all liability to the entrant arising in any way from the conduct of the Competition.

  25. Information provided by a Promotion entrant is provided to the Promoter and not to Facebook or Twitter.

  26. The Promoter is Bose® Pty Ltd (ABN 41 078 010 607) of 3/2 Holker St, Newington, NSW 2127

  27. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the authorities that have issued permits for its conduct.

  28. Caution: any attempt to cause damage to any website or the information on any website associated with this promotion or to otherwise undermine the fair and legitimate operation of this competition may be a violation of criminal and civil laws. The promoter reserves the right to seek damages to the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.

  29. Prize pool breakdown: Two winners will be chosen to each win 1 x SoundLink® Mini Bluetooth® speaker valued at AU $249.00 each. Total prize pool valued at $498.00.