Terms and Conditions
2020-03-17
Terms and Conditions
THIS SITE IS INTENDED FOR USE BY RESIDENTS OF AUSTRALIA ONLY
This World Wide Web Site (“the site”, “Website” or “this site”) is operated by Reckitt Benckiser (Australia) Pty Limited. (ACN 003 274 655) ("RB"). The following Terms and Conditions specify the terms of the agreement between you, the person viewing the site (“you”) and RB, for your use of this site. Access to and use of this site is subject to these Terms and Conditions and all applicable laws. By viewing this site, you agree to be bound by these Terms and Conditions.
This site is provided by RB for the benefit of, and is intended to be viewed by, users within Australia only. If you are viewing this site on a computer outside Australia, you agree: a) that you are solely responsible for complying with the laws applicable in your jurisdiction; b) RB has no liability to you whatsoever with respect to your use of this site; and c) you indemnify RB against any liability it may have to any third party for any reason whatsoever arising out of your use of this site.
RB may at any time change these Terms and Conditions and you should therefore periodically visit this page to review the then current terms to which you are bound. By continuing to view the site after a variation to these Terms and Conditions has been made, you will be deemed to have agreed to the new Terms and Conditions.
If you access or use the Website, you warrant that you are over 18 years old and accept these Terms and Conditions or, if you are not over 18 years of age, that one of your parents or your legal guardian has given you their permission to use the Website and has read and accepts these Terms and Conditions for you.
Your Use of the WebsiteYou may browse this site for personal entertainment and information. However, you must not reproduce, copy, distribute, modify, transmit, republish or revise the contents of this site without written permission of RB. Use of information contained on the website is at your own risk and RB is not responsible for any adverse consequences arising out of such use. The material provided on this site has not been prepared by taking into account the particular objectives, situations or needs of any individual users. Neither title nor intellectual property rights are transferred to you nor any third party through use of or access to this site. All rights, title, and interest in and to all aspects of this site remain the sole property of RB or its affiliated companies. Copyright in this site (including but not limited to text, graphics, logos and software) is owned or licensed by RB.
Information and Materials on the Website
We will always try to make sure that the information contained on this site is true and up to date. However you agree you view this website at solely your own risk and you should always make sure that you check any information for yourself or, if you are under 18 years of age, with one of your parents or legal guardian.
Text, Graphics, Images, Logos etc on the Website
Names, logos and trade marks appearing in this site are pending or registered trade marks where indicated. You must not use any RB trade marks without the prior express written consent of RB.
Liability
Legislation, including the Competition and Consumer Act 2010 (Cth), may imply certain warranties and conditions in respect of your use of this site, and nothing in these Terms and Conditions excludes any such non excludable warranty or condition.
Except as set out above, RB makes no warranties or representations about the accuracy or completeness of the content of this site or any site(s) linked to this site. Any claims made on this site relate solely to the products or services sold or provided by RB. Neither RB nor any of its affiliates shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of: (a) the ability (or inability) to access this site, (b) the use (or inability to use) any content of this site, (c) or the content of any site(s) linked to this site. In addition, RB does not warrant that this site or the server that makes it available are free of viruses or other harmful components. You (and not RB) assume the entire cost of all necessary servicing, repair, or correction.
Submissions
You may only submit information to us via the Contact page or otherwise on this site in compliance with the following conditions:
· You are not under the age of 18 years.
· You represent that, to the best of your knowledge, any idea, suggestion, concept, question, opinion, invention, information or material ("Submission") that you submit is your own original work, created by you and that no other person has an interest or claim in that Submission.
· You acknowledge that we are not receiving your Submission in confidence and that no confidential relationship is created between you and us at any time. We do not undertake to maintain in secrecy any Submission.
· You irrevocably grant to us, free of charge, a non-exclusive perpetual worldwide licence to use all intellectual property rights (including without limitation copyright) in the Submission for an unlimited period of time and you consent in respect of any Submission to us doing any act(s) which may otherwise constitute an infringement of your moral rights.
· You consent to us using, free of charge,your Submission for any purpose that we deem fit, including, without limitation, future marketing or promotional purposes, product development, publishing the Submission in any media or posting it on the site (such as in any future FAQ section). If we publish your Submission or post it on the site we will, to protect your privacy, de-identify it and will not publish your name with the Submission (or other details that would allow people to identify you as the author of the Submission), unless we expressly obtain your consent to do so. However, if you post any material on the Website directly, whether by way of blog or otherwise, and you include details that would allow other people to identify you, such information may appear and we take no responsibility in that regard.
· You consent to us adapting, modifying, changing your Submission without notice to you and without seeking your further permission.
· We are not in any way obliged to adopt, post or answer your Submission or deal with your Submission in any way. In particular, we reserve the right, at our sole discretion, not to respond to any Submissions that in our view are inappropriate, offensive or otherwise not in keeping with the spirit of the site. We will not respond to any Submission which has been submitted by an individual under the age of 18 years.
Intellectual Property Rights
You grant to RB an irrevocable, perpetual, worldwide, non-exclusive licence to use and exploit all intellectual property rights (including without limitation, copyright) in any communication or material you post or transmit to this site over the Internet (“your material”). With respect to moral rights as defined in Part IX of the Copyright Act 1968, You consent to RB doing (or omitting to do) all acts in respect of your material that may otherwise constitute an infringement of your moral rights in your material.
For the avoidance of doubt, RB or any of its affiliates may use your material for any purpose, including reproduction, transmission, publication, broadcast, communication to the public and posting. RB is under no obligation to respond to messages posted to this site, nor does Reckitt Benckiser need to provide any compensation to you or any other person for any use of your material. You will not post or transmit any unlawful, threatening, defamatory, obscene, pornographic, indecent or profane material, or material that infringes the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, or material that is or could be misleading or deceptive, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law or regulation.
RB will comply with its obligations under the Privacy Act 1988 (Cth) and will act in accordance with its Privacy Policy.
AIR WICK EDIBLE LIFE SCENTS COMPETITION - GAME OF SKILL - 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 Reckitt Benckiser (ABN 17 003 274 655) of 44 Wharf Road, West Ryde, 2114 NSW Australia. (PH: 1800 022 046).
3. The competition opens 9:00AM (Sydney time) on 03/11/2015 and ends at 5:00 PM (Sydney time) on 16/11/2015 (CompetitionPeriod). To qualify for the offer, all entries must be received via email (airwickcompetition@rb.com) by 5:00 PM (Sydney time) on 16/11/2015.This is a game of skill and chance plays no part in the determination of the winner.
Eligibility to Enter
1. Entry is open to residents of Greater Metropolitan Sydney, 18 years and over.
2. Employees and their immediate families of the Promoter and its agencies associated with this competition are ineligible to enter.
The Prize
1. Eligible Entrants will be eligible to win a spot for themselves plus one at an exclusive Life Scents x Messina dessert tasting on either of 3 dates, (19th, 20th, 21st November 2015) held at Messina Headquarters in Sydney (Address and time will be communicated when winners are chosen)
2. There will be a total of 45 winners who can take one additional person.
How to Enter
1. To enter, Eligible Entrants must complete the following during the Competition Period: email your answer to the following question:&lsqou;In 25 words or less, tell us what your favourite AirWick Life Scents fragrance reminds you of?’
2. Entry is via email and should be emailed to airwickcompetition@rb.com
3. All entries must be received by 5:00 PM (Sydney time) on 16/11/2015. Email entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission.
4. Only one (1) entry per Eligible Entrant is permitted. Any subsequent entries after the first valid entry is received will be deemed invalid.
5. Eligible Entrants must agree to the Terms & Conditions and to being contacted by the Promoter in conjunction with this competition.
Judging Criteria
1. The judging will take place on the 16th November 2015 at 44 Wharf Road West Ryde NSW 2044.
2. The judging criteria for all entries submitted answering the Question is as follows:
o Must answer in 25 words or less the Question.
o The creativity of the answer.
o Originality of the answer.
3. The competition will be judged by a panel of 3 judges provided by the Promoter.
4. The forty-five (45) entries which the judges deem best answer the Question in accordance with the Judging Criteria will win. The judge’s decision is final and no correspondence will be entered into.
Winner Notification
1. Winners will be contacted by, or before 5:00 PM (Sydney time) on 16/11/2015 and the Winners will be advised by email at the address used to submit their answer and will be sent an invitation to the event advising the date of the event Winners must respond within 3 days confirming their attendance at the event. If Winners do not respond within 3 days, the Prize will be forfeited and clause 18 will apply.
2. In the event a winner is unable to accept a Prize, the Eligible Entrant with the next best entry as judged by the judges will be deemed the new winner of the Prize. The Eligible Entrant that is deemed the new winner will be notified by email within 1 business day of the judge’s decision. The new Winners must respond within 3 days advising of their attendance at the event.
Use of Eligible Entrant’s Personal Information and answers to the Question
1. Personal information including Eligible Entrant’s name, address and will be collected and used for the purpose of conducting this Competition (which may include disclosure to third parties, including local lottery authorities and the Promoter’s agent, for the purpose of processing and conducting the Promotion) and for promotional and marketing purposes including for direct marketing (Purpose). By entering this Competition, Eligible Entrant’s consent to the use of their personal information and agree that the Promoter may use this information, or disclose it to other organisations or persons including overseas recipients that may use it, in any media for the Purpose. Entrants may access, change and/or update their personal information by emailing the Promoter on inquiry@rb.com or by phone on 1800 022 046 during office hours. A copy of the Promoter’s Privacy policy is available at: https://www.rb.com/privacy-policy.
2. Eligible Entrant’s acknowledge and agree that the Promoter may use the answer they provided to the Question in future marketing and promotional material, without further payment to the Eligible Entrant. If an answer to a Question is used by the Promoter, the Promoter will not disclose an Eligible Entrant’s name address or any other personal information. It will use a pseudonym if it elects to use the answer to a Question in any future promotional or marketing material.
General Conditions
1. The winners prize of attending an edible LifeScents x Messina dessert event are not transferable and not redeemable for cash. 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.
2. The Promoter reserves the right to request verification of age, identity, residential address of the Winner and any other information relevant to entry into or participation in this Competition. Verification is at the discretion of the Promoter, whose decision is final. 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.
3. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, 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, the following: (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, 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 implications; and/or (f) the Prize or use of the Prize.
4. 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 in an entry should be directed to Promoter.
5. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, (including but not limited to) any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this competition.
6. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, unless to do so would be prohibited by law.
7. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe 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.
8. If for any reason whatsoever 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, unless to do so would be prohibited by law.
9. In the event of war, terrorism, state of emergency or disaster the Promoter reserves the right (subject to any written directions under applicable law) to cancel, terminate, modify or suspend the Competition.
10. Each work submitted as an entry or part of an entry (“Work”) becomes the property of the Promoter. Work(s) will not be returned to any entrant. As a condition of entry, each Eligible Entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this Competition, the Promoter, or otherwise. Each Eligible Entrant warrants to the Promoter that the Work submitted is an original work of the Eligible Entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.
11. The laws of New South Wales apply to this Competition to the exclusion of any other law. Eligible Entrants submit to the exclusive jurisdiction of the courts of New South Wales.