DULUX LOST BEANS PROMOTION

 

 

TERMS AND CONDITIONS

 

  • This is a game of skill. Chance plays no part in determining the winner. Entrants will be judged based upon the score individual entrants obtain when playing the Dulux Lost Beans game.
  • Instructions on how to participate form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  • Entry is open to Australian residents. No minimum age applicable to be able to participate.
  • Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to participate. 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.
  • Promotion commences at 12:00am on 1/10/2014 and ends at 11:59pm AEDST on 30/11/2014 (Promotional Period).
  • To enter, individuals must complete the following steps during the Promotional Period:
    • Download the free Dulux Lost Beans game app to your mobile device from either the Apple iTunes store or Android Google Play. The Dulux Lost Beans game is compatible with the Apple or Android devices and operating systems listed below.
      • iPhone 4, 4S, resolution 640×960 iOS 7
      • iPhone 5, 5S, resolution 640x1136 iOS 7
      • Samsung SM-G900F Galaxy S V 4.4
      • Samsung GT-I9505 Galaxy S IV 4.2
      • Samsung GT-I9300 Galaxy S III 4.2
      • HTC M7 One 4.2
      • HTC M8 One 4.4
    • Play the Dulux Lost Beans game.
    • Register your score across any of the 9 playing levels by entering your email address and name. Each playing level is designated by a colour (The Green Level, Blue Level, Pink Level, Purple Level, White Level, Black Level, Yellow Level, Orange Level, Red Level and The Black Level). To register their score entrants must have their device connected to the internet. Entrant’s normal phone plan fees and charges will generally apply. The Promoter is not responsible for charges incurred by an Entrant.
  • The entrants who achieve a game score that is ranked in the Top 5 scores registered within each playing level at the conclusion of the Promotional Period will win a limited edition can full of Jelly Beans (2.8kg) with the colour of the jelly beans corresponding to the playing level eg: Top 5 scores within the Blue level will win a can of blue jelly beans.
  • There are Forty Five (45) prizes to be won in total (5 prizes across each of the 9 playing levels) however if there are multiple entrants who achieve the same score within a playing level which qualify as a Top 5 score, then all those entrants who achieved that score will be eligible to receive the prize of a limited edition can full of Jelly Beans.
  • All entrant scores will be assessed at the close of the Promotional Period. Entrants who achieved a Top 5 score across each of the 9 playing levels will be contacted by the Promoter via the email address provided by the entrant when registering within seven (7) days of the close of the promotion, requesting from those entrants their postal address to enable fulfilment of their prize. Entrants will have fourteen (14) days to respond to the promoter with their delivery address details. Should a winning entrant not respond to the promoters email notifying them of their winning status and requesting their postal address within fourteen (14) days of the promoter sending the notification, then that entrant will forfeit their prize.
  • There is a limit of one (1) prize permitted per person.
  • Where an entrant has the top 5 score in multiple levels the entrant will have a choice as to which colour Jelly Beans he/she wishes to receive from of those levels. Following the entrant’s acceptance, his/her score will be removed from the remaining colour levels and the next top five entrants in those levels will qualify for the prize.
  • 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 to disqualify any entrant who participates and registers a score that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  • 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. The Promoter’s decision is final and no correspondence will be entered into.
  • The prize of the Limited Edition Can of Jelly beans will be delivered at the cost of the Promoter, to each entrant’s nominated Australian mailing address. Winners must allow up to Twenty Eight (28) days from date the winning entrant supplies their address details to receive their prize.
  • If the prize of limited edition can full of Jelly Beans is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a reward to the equal value and/or specification.
  • Prizes are not transferable or exchangeable and cannot be taken as cash.
  • Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are 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.
  • 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
  • Any cost associated with accessing the application via the Apple iTunes store or Android Google Play is the entrant’s responsibility and is dependent on the Internet service provider used. The Promoter makes no guarantee of the availability of game application and will not be held responsible for interruption of service that may interfere with the ability to download the application to the user’s device.
  • 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.
  • 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 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) or (e) taking and/or use of the prize.
  • Your privacy is important to us: Dulux Australia a division of DuluxGroup (Australia) Pty Ltd and its related bodies corporate (‘DuluxGroup’, ‘we’ or ‘us’) will collect, use and disclose the information you submit to conduct the promotion. If you do not provide the personal information requested, you will not be able to enter the promotion. We may exchange your personal information with other DuluxGroup entities and our service providers, such as delivery companies and technology providers. Please refer to our Privacy Policy, available on our website (www.dulux.com.au) or on request. It contains further details about: (i) the personal information we collect; (ii) what we do with it; (iii) where we send it; (iv) how you can access and correct it; (v) how you can lodge a privacy complaint regarding the handling of your personal information; (vi) how we handle those complaints; (vii) online privacy; and (viii) the types of service providers we use. If you have any questions regarding DuluxGroup’s handling of your personal information or wish to seek access to, or correct, personal information we hold about you, please call customer service on 1300 369 074 or contact our Privacy Officer via privacy@duluxgroup.com.au or call +613 9263 5678.
  • The Promoter is DuluxGroup (Australia) Pty Ltd (ABN 67 000 049 427) of 1956 Dandenong Road, Clayton, VIC, 3168, telephone 13 23 77.
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