TERMS and CONDITIONS
Thank you for your interest in the TCL MOTHER’S DAY COMPETITON (“Competition”).
The Terms consist of:
A. Privacy Notice
B. Competition Rules
C. About us
The Terms and Conditions shall be exclusively governed by Australian Law unless expressly otherwise stated herein. When you enter into the Competition, you must make sure that by entering this Competition, you are complying with the local laws in your country of residence. In case your participation is held illegal according to your local laws, your participation is held invalid.
The Competition is offered to you by TCL Electronics Australia Pty Ltd (“The Promoter”).
A. Privacy Notice
Effective date of this privacy notice: Monday 26th April 2021
This privacy notice ("Privacy Notice") applies to the pages on Facebook or any social media channels, or any websites that are controlled by or under the control of TCL Electronics Australia Pty Ltd or any of its affiliates (“TCL Electronics Australia Pty Ltd” and “the Promoter”). TCL Electronics Australia Pty Ltd believes strongly in protecting the privacy of the personal data you share with us. We also believe it is important to inform you about how we will use your personal data. Therefore, we encourage you to read this Privacy Notice carefully.
This Privacy Notice applies in addition to any Facebook and Instagram terms and conditions and other policies of the social media channels. You should carefully review the Facebook and Instagram terms and conditions, as they may differ from this Privacy Notice.
2. How your information is used:
By entering this Competition, you expressly allow the Promoter to repost and use your submitted entry on any of its social media groups and channels including but not limited to the TCL Electronics Australia Pty Ltd Facebook Page and TCL Electronics Australia Pty Ltd Instagram Page.
Upon confirmation of the Prize Winner for this Competition, the Promoter may collect the basic contact information, including name, phone number, email address and home address, of the Prize Winner.
The Promoter may use, and you hereby consent to The Promoter using, your personal information for the following purposes:
· administer your participation in the Competition or contest; and
· dealing with your enquiries; and
· monitoring your compliance with these T&Cs; and
· perform (aggregate) market analysis and research to improve our business.
3. Disclosure of your information and Transfer of data
We will only share your personal information with the following third parties:
a) authorized third party agency and developer(s) responsible for this campaign
b) persons to whom we are required by law or a competent regulatory authority to provide your personal information.
B. Competition Rules
The rules of the Competition are as follows:
By entering the Competition you agree to be bound by these Terms and Conditions.
Entry to the Competition is open to visitors of the TCL Electronics Australia Pty Ltd
Facebook Page and Official TCL Electronics Australia Pty Ltd Instagram Page.
3. Competition runs from Monday 26th April 12.00PM AEST to Thursday 6st May at 12.00PM AEST.
4. As a Condition to the Competition, a Participant must have a valid Facebook account, email address and physical address to ship the Prize to.
5. Only persons of 18 years-of age or over at the time of entry are eligible to participate. Employees of TCL Electronics Australia Pty Ltd, their families and anyone professionally connected to the Competition shall not be eligible to participate to the Competition.
6. Only Australia residents may enter this Competition. Individuals residing in other Countries shall not be entitled to participate.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram and all entrants in the promotion release Facebook and Instagram of any responsibility in relation to this promotion. Facebook, Instagram and other social media channels shall not be liable in any way whatsoever to the Participants. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter. Personal information supplied in entering this Competition is provided to the promoter and not to Facebook.
Participants will need to enter the Competition on Facebook via the TCL Electronics Australia Pty Ltd Facebook Page the following way:
Liking the Facebook TCL Electronics Australia Pty Ltd page
Tag your Mom and Comment.
Participants will need to enter the Competition on Instagram via the TCL Electronics Australia Pty Ltd Instagram Page the following way
Liking the TCL Electronics Australia Pty Ltd Instagram page
Tag your Mom and Comment .
This Competition is a game of skill – the most creative response will win.
Jury will consist of somebody of TCL Electronics Australia Pty Ltd Corporation and somebody of its social media agency. Jury will select one (1) prize winner (“Prize Winner”) for each social platform (i.e. Facebook and Instagram).
Jury shall have the sole discretion to elect Prize Winners among the Participants. Participants acknowledge that the decision of Jury shall be final and that neither the Jury nor the Promoter shall be liable in any way whatsoever to the Participants.
Jury will render its decision on the TCL Electronics Australia Pty Ltd Facebook Page and TCL Electronics Australia Pty Ltd Instagram Page on with 11 days of the competition and will send a Facebook private message to the Prize Winners following the public announcement.
The two (2) prize winners on Facebook or INSTAGRAM will receive:
A. TCL 10 Pro smartphone and a $200 Westfield gift card.
B. The Competition is free of charge and the Promoter will take charge of any costs (e.g. postal costs) when shipping the prizes to the one (1) individual winner.
11. The Promoter reserves the right to disqualify or reject any entry The Promoter believes to be in conflict with its promotion or not made in good faith or on any other reasonable grounds.
12. No cash nor any other alternatives will be offered to Prize Winners.
13. The Promoter will pay any taxes related to the delivery of the Prize, if applicable. Any other taxes shall be due and paid by the Prize Winner.
14. For the Facebook competition, notification shall take place via an announcement on the Facebook timeline of the TCL Electronics Australia Pty Ltd Facebook Page and/or via private Facebook message to the winners
15. Date and time of posting of the notification and/or issuing the email shall be considered as the “Date and Time of notification”
11. Prizes must be claimed 24 hours after time of notification. All rights to prizes not claimed within this period will be re-drawn. Prize Winner may need to verify their proper identity before claiming prizes.
12. The Promoter may cancel or amend the Terms and Conditions of this Competition at any time by publishing notice of the relevant details on this Terms and Conditions page
13. The Promoter shall not be liable for any delay or failure to perform due to any event beyond The Promoter’s control.
14. Participants and Prize Winners may not transfer or otherwise deal with any of their rights or obligations acquired under or in connection with these Terms and Conditions.
15. Participants will or may be required to participate in publicity advertising and promotion without additional compensation. Entry to the Competition shall be deemed consent to use your entry and your name for publicity, advertising and promotion purposes.
16. Limitations of liability: Neither the Promoter, its affiliates, its agents nor anyone professionally connected to the promotion, assume any responsibility or liability for:
a. Any incorrect or inaccurate personal data entry, or for any faulty or failed electronic data transmissions.
b. Communications line failure, regardless of cause, with regards to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this promotion.
c. Inaccessibility or unavailability of the internet or the Facebook page or any combination thereof.
d. Any injury or damage to entrants upon delivery and/or use of the prize.
e. THE PROMOTER SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRIZE, THE DELIVERY OF THE PRIZE OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF THE PROMOTER HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROMOTER’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS ANY PARTICIPANT AND PRIZE WINNERS SHALL NOT EXCEED THE VALUE OF THE PRIZE.
Disclaimer: Neither the Promoter, its affiliates, its agents or anyone professionally connected to the promotion, shall be held liable for any other obligations than the one provided in these Terms and Conditions. The Promoter, shall only be liable deliver the Prize upon receipt of the proper claim of the relevant elected Prize Winner at the address communicated by the aforesaid Prize Winner.
Any person posting, or seen to be posting, comments to the TCL Electronics Australia Pty Ltd Facebook Page, TCL Electronics Australia Pty Ltd Instagram Page or elsewhere during the promotion that are considered bullying, spiteful or upsetting to other participants, fans of TCL Electronics Australia Pty Ltd or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promotion. The Promoter reserves the right to alert the social media channel to any such behavior, which may result in the person’s account being frozen pending investigation.
No other correspondence than those necessary to ensure coordination and shipping of the Prize to the Prize Winner as specified in these Terms and Conditions will be entered into.
C. Competition Prize Winner Responsibilities
Upon confirmation of the Prize Winner for this Competition, the Promoter may collect the basic contact information, including name, phone number and email address of the Prize Winner. By entering and winning the competition, the Main Prize Winner must accept the following requirements:
1. The Competition is free of charge and the Promoter will take charge of any costs involved with prize fulfilment.
2. Prize Winner must reside in Australia or New Zealand.
3. At all times, their own safety is the sole responsibility of the Prize Winner. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury, illness or death or any loss or damage (including loss of opportunity) whether direct, indirect or consequential, arising in any way out of the Promotion or any Prize, including where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control) including inaccessibility of any website; (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 receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) the use of a Prize or (e) the award of a Prize to an ineligible entrant.
4. The Promoter shall not be liable for any delay or failure to perform due to any event beyond The Promoter’s control.