Koh Survey Competition

TERMS & CONDITIONS


Schedule to Terms & Conditions of entry

Promotion name

Koh Survey Competition

Eligible States/

Territories

National

Promotion period

Start: Tuesday 30th April 2019 2:00 PM AEDT

End: Tuesday 14th May 2019 9:00 PM AEST

No entries will be accepted outside this time.

Website address

www.koh.com

Promoter

Koh Australia Pty Ltd

ABN: 12139768219

2/55 Pyrmont Bridge Rd

Pyrmont NSW 2009, Australia

Eligible entrants

Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older.

Details of prizes

The best entry/entries as determined by the judges will be deemed the prize winner(s) and will win:

1x $500 Koh.com store voucher
20 x $100 Koh.com store vouchers 

Total number of prizes

21

Total prize value

Total prize pool (inc GST): $2,500

Method of entry

  1. Entrants must complete in full the Koh Customer Survey May 2019
  2. Koh will select the winners by choosing the best / most original answers for Q28 and Q29 in the survey.

Maximum number of entries

1 per person

Prize draw

This is a game of skill and chance plays no part in determining the winner.

The judging will be performed by a judge/panel of judges appointed by the Promoter.

All 21 winners will be announced 2pm AEDT on Wednesday 15th May 2019

Location of the judging:
Koh Australia Pty Ltd
55 Pyrmont Bridge Rd
Pyrmont NSW 2009, Australia

Notification of winners

Winners will be notified via Facebook Messenger or email no later than 15th May 2019.

Public announcement of winners

All winners names will be published here:

https://koh.com/pages/koh-survey-competition from 15th May 2019

Unclaimed prize draw

If the prize(s) are unclaimed by the unclaimed prize draw date, the Promoter will award the prize(s) to the Eligible Entrant(s) who came runner-up when the entries were judged, subject to any directions from any regulatory authority.

Unclaimed prize draw date: 10:00 AM AEDT on 22 July 2019

Location of unclaimed prize draw:
Koh Australia Pty Ltd
55 Pyrmont Bridge Rd
Pyrmont NSW 2009, Australia

Notification of unclaimed prize winners

Unclaimed prize winners will be notified via Facebook Messenger no later than 25 July 2019.

Public announcement of winners from unclaimed prize draw

The grand prize winner of unclaimed prizes will be published here:

https://www.facebook.com/koh from 25 July 2019

Content release form

Assigns” means a person or any company to whom the Company has assigned or licensed rights under this release as well as the licensees of any such person or company.

Content” means all photographs, film, audio, video or other recording, still or moving, that I have uploaded onto the Company’s online platform. 

 

  1. I hereby assign full copyright of the Content to the above-mentioned Company (and the related representatives and Assigns) together with the right and permission to license the Content and/ or to take, use, re-use, publish and re-publish the Content, either separately or together, either wholly or in part, or composite or distorted in character or form, without restriction as to changes, in conjunction with my own or a fictitious name, or reproductions thereof in colour or otherwise, made through any medium, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution and sale over the internet, illustration, promotion (including through the Company’s social media channels such as linkedin, facebook, instagram and twitter and EDM to the Company’s database), art, marketing and packaging for any product or service, editorial, advertising, trade, or any other purpose (except defamatory). I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I understand that the Content may be licensed to businesses and individuals nationally and internationally for a fee.

 

  1. It is agreed that my personal information (save for my name and partial address i.e. suburb and state) will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with Assignees of the Company and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used.

 

  1. I hereby release the Company named above (and the Company’s Assigns) from all claims and liability relating to the Content. I agree that I have no rights to the Content, and all rights to the Content belong to the Company (and the Company’s Assigns). I acknowledge and agree that I have already received valuable consideration for the Content and I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to the Company (and the Company’s Assigns). I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of Australia. I have read this Content Release Form carefully and fully understand its meanings and implications.

 

  1. I agree that this Content Release Form is deemed to be duly signed by and accepted by me by way of:

 

    1. The provision of my full name and address in the online platform of the Company; and

The marking by me of a checkbox electronically indicating my agreement to these terms pursuant to the Electronic Transactions Act 1999.

 


Terms & Conditions of entry

  1. use the prize as stated.
  2. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
  3. The promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable).  In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
  4. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  5. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
  6. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  7. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
  8. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  9. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
  10. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
  11. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.       
  12. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  13. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
  14. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  15. Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, or Instagram.

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