Terms and Conditions

TERMS AND CONDITIONS – GAME OF CHANCE

ZODIAC SUMMER CLEANING PROMOTION – Australia & New Zealand

TERMS OF ENTRY

1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

PROMOTION

5. The Promotion is conducted by the Promoter - Fluidra Group Australia Pty Ltd (ABN: 87 002 641 965) ("Promoter") of 1 Herbert Place, Smithfield, NSW 2164, Australia.
6. The Promotion is a game of chance. It is free to enter, and each eligible entry has an equal chance of winning.

ELIGIBLE ENTRANTS

7. Entry is open only to residents of the Eligible States and Territories in Australia & New Zealand who comply with the Entry Restrictions (if any). Businesses, government agencies, directors, officers, management, employees, suppliers, (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and its related bodies corporate, and of the agencies and companies associated with the Promotion, including their immediate family are ineligible to enter the Promotion.
   • Immediate family means any of the following: spouse, ex-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 first cousin.
8. The time zone applicable to any time stated, relates to the state or territory where the Promoter is located unless expressly stated to the contrary.
9. Entrants must only register in their own name. Any entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, be deemed invalid.
10. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
11. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

METHOD OF ENTRY

12. Entry to the Promotion commences on the Start Date and closes on the Closing Date (the "Promotional Period").
13. To enter the promotion, entrants must follow the Entry Method (the "Method of Entry") during the Entry Period. The Promoter accepts no responsibility for entries no submitted by this date and no entry received after this date will be processed.
14. An entrant’s entry must not be: late; delayed; incomplete; incomprehensible; unlawful or capable of violating any law or giving rise to a civil action; obscene; defamatory or libellous; threatening or harassing; pornographic or contain nudity; hateful; offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference; incite or be capable of encouraging conduct that would be considered a criminal offence; in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.
15. Only one (1) entry per Entrant is permitted for this Promotion and must comply with these Terms and Conditions.
16. For the avoidance of doubt, all products listed in the Eligible Products are deemed eligible and will be able to enter into the Major Prize draw and receive an instant win digital scratch card.
17. Entrants are eligible to win one (1) Instant Win prize and remain eligible for the Major Prize draw. All winners are provisional until their entry is fully validated.
18. The entrant warrants that their entry including the response and any photos, images or videos ("Method of Entry") is their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party. Entries are not transferable or assignable. Only the purchaser of the Eligible Product may submit an entry in respect of their purchased product.
19. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.
20. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):
    • Exercising any of the rights in the Entry Material without identifying the entrant; and
    • Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
21. Each entrant warrants that:
    • They have the right to have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
    • The Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third-party intellectual property rights;
    • they release and will fully indemnify 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.
22. Entrants must ensure that their entries are received by the Promoter during the Entry Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
23. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
24. If Entry is permitted via a social media platform, the following will apply:
    • An entrant’s entry must be submitted by the individual entrant;
    • Entrant’s must ensure their security settings on their personal account allows the Promoter to contact them in the event that the entrant is a winner;
    • use of social media platforms is subject to the terms and conditions of use of that social media platform. If entry and continued participation in the Promotion is via Facebook, entrants agree to act in accordance with the Facebook Statement of Rights and Responsibilities, available at www.facebook.com/terms;
    • Entrants acknowledge that this Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform or their affiliated agencies. Entrants are solely responsible and liable for the content of their entries and/or posts and any other information they transmit to other internet users; and
    • To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless any and all social media platforms (and their associated agencies and companies) used in conjunction with this Promotion, against any and all losses, claims, costs, expenses and damages (of any nature) which may be incurred by the Entrant in respect to their participation in the Promotion.
    • Any questions, comments or complaints about this Promotion must be directed to the Promoter (not the social media platform).
25. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.
26. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.
27. The Entrant must purchase the Eligible Product for their own personal use in Australia or New Zealand and not for the purpose of commercial resale (i.e. the Entrant must be the end user of the product).
28. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
    • fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction.
    • or fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
    • appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
    • has submitted an entry that is not in accordance with these Terms and Conditions.
29. The Entrant must provide an original itemised purchase receipt(s) with the following:
    • Identify where the Eligible Purchase was made; and
    • The product/s purchased (which must be/comprise of an Eligible Purchase) and;
    • The date of purchase (which must be during the Promotional Period before the Entrant has submitted their entry).
    • The Eligible Product must not be returned.
30. Tax invoices must be legible and will be deemed invalid if they are tampered with.
31. If the Entrant does not provide the proof of purchase with their entry – the Promoter reserves the right to disqualify the entry.
32. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

ELIGIBLE PRODUCTS

33. Eligible Products refers to the purchase of any brand-new Zodiac Robotic or Suction Pool Cleaners listed in the matrix in The Schedule, purchased during the Promotional Period.
34. New products do not include refurbished, ex-display, or second-hand products.
35. Eligible Products are subject to retailer stock availability. Product availability may differ between participating dealers and between Australia and New Zealand. The Promoter is not responsible for production, freight, shipping, customs, distribution or other supply delays that may affect the availability of an Eligible Product, provided that nothing in this clause limits any rights or remedies that cannot lawfully be excluded under applicable consumer laws.

WINNERS & JUDGING

36. All eligible and valid entries received during the Promotional Period will go in the Major Prize Draw. The Promotion offers the chance to win one (1) Major Cash Prize and ten (10) weekly randomised chances to instantly win a $100 cash prize during the Promotional Period (12 weeks in total).
37. Each Eligible Entrant will be placed in a prize draw. Winners will be selected at random via an electronic draw process of eligible entrants.
38. The Major Prize Winner will be determined on the Major Prize Draw Date and Time by the Promoter at Tactics Marketing, Unit 19, 8 Tilley Street, Frenchs Forest, NSW, 2089 in the presence of an independent scrutineer.
39. The Promoter’s decisions are final, and no correspondence will be entered into.
40. The winner(s) of the Major Prize and Minor instant win prizes will be notified within two (2) days of the relevant draw via email to confirm details of the prize and the Entrant’s identity. (exact method of notification being in Promoter’s sole discretion).
41. The announcement of the winners is specified in the Public Announcement of Winners section of the Schedule.
42. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If the Entrant’s contact details change during the Promotional Period, it is the Entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to the Promoter to the following email address: claim@poolcleanerpromo.com
43. The Promoter will issue the payment for the Major Prize and Instant Win Prizes, via Electronic Fund Transfer (EFT), into their Australian or New Zealand bank accounts within twenty-one (21) working days of validated entries being drawn. Winners must provide the correct details for their nominated bank account and they will not be compensated if incorrect details are provided resulting in cash prizes being paid to the wrong account. The payment method will be via the Cash Selector platform*.
    *See Cash Selector Terms & Conditions for more information.
44. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Draw, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date.
45. All forfeited and/or unclaimed prizes will be placed in the unclaimed prize draw which will occur in the presence of an independent scrutineer (if required) as stated in the Unclaimed Prize Draw section of the Schedule.
46. The winner of the unclaimed Prize will be notified by phone and email within two (2) days of the Unclaimed Prize Date.
47. The announcement of the winners from the unclaimed prize draw is specified in the Public Announcement of Winners from Prize Draw section of the Schedule.

PRIZE

48. The Prizes for this Promotion and the Total Prize Value is specified in the Schedule.
49. All Prize values are correct as at the Start Date and are in Australian (AUD) and/or New Zealand (NZD) dollars unless expressly stated to the contrary. The Promoter takes no responsibility for any variations in the Prize values.
50. The Prize must be taken as offered and cannot be varied. The Prize, or any unused portion of the Prize, is non-transferable and/or not exchangeable and/or cannot be taken as a monetary payment.
51. This Promotion cannot be redeemed in conjunction with any other promotion, including any other cashback promotion or rewards program. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
52. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions. In addition to this, Prize is not transferable, assignable or exchangeable for other goods or services and are governed by Australian law.
53. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.
54. The Prize must be claimed by the specified and appropriate timeframe under the schedule. All aspects of each Prize must be taken together as a package. In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
55. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
56. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. The Promoter accepts no responsibility for any tax implications that may arise from the Promotion. Independent financial advice should be sought by the Claimant.
57. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
58. If the Prize Draw Date or Unclaimed Prize Draw Date is a scheduled on a public holiday, the Promoter may may choose to instead hold the draw on the first business day after the relevant public holiday.
59. The Promoter will draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the Entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize cannot be awarded to the Entrant drawn, the promoter will then continue this process until the prize is awarded.
60. The Prize will be awarded to the winner in the Promoter’s sole discretion.
61. The winner does not need to be present at the draw unless expressly stated to the contrary.
62. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize.
63. If the Entrant returns a product for which it has received a Prize, the Entrant must return any Prize Value Amount already paid to the Entrant by the Promoter in respect of that product.

CASH SELECTOR TERMS & CONDITIONS

64. The weekly prize values and major prize values will be sent by means of the CashSelector Platform. A successful winning entrant with a fully verified/validated entry shall be sent an email containing a CashSelector link. This email will be sent to the email address provided by the entrant in their entry. It is the Entrant’s responsibility to ensure the email address provided in the entry is correct, active and monitored.
65. By following the link, the Entrant will have the value of the prize transferred via Electronic Funds Transfer (EFT) to an Australian or NZ Bank Account.
66. CashSelector links will expire after the "valid period" which is determined by the promoter and is six (6) months from the date of issue. Use of the CashSelector platform and CashSelector links are subject to the terms and conditions located at www.cashselector.com.au/tnc as well as the Promoter’s instructions and/or limitations. This includes but is not limited to:
    • The email address provided must be correct, active and monitored;
    • The bank details provided must be correct; and
    • The CashSelector link must be used before the link expires "valid period".
67. The process for receiving the prize value is as follows:
    • Once an entry is verified and contact with the winner is successful, the winner will then be sent a Cash Selector email twenty-one (21) days from the date of the draw. In the email the winner will choose their payment method of EFT which must be linked to their entry details.
    • The winner will be required to enter the necessary details to complete the transaction. It is the responsibility of the winner to provide correct details.
    • If the winner provides incorrect banking details, the Payment Promise will not apply to the Entry.

GENERAL

68. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
69. 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, subject to any written directions from a regulatory authority.
70. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner.
71. The Promoter reserves the right to verify the validity of any entries, prize claims and entrants and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who:
    • tampers with or benefits from any tampering with the entry process or with the operation of the Promotion;
    • acts in violation of these Terms and Conditions;
    • acts in a disruptive manner;
    • acts with the intent to annoy, abuse, threaten or harass any other person; or
    • engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
72. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:
    • Any indirect, economic or consequential loss or loss of profits;
    • any loss arising from the negligence of a Relevant Party; and
    • any liability for personal injury or death.
73. 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
74. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
75. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
    • Any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
    • any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
    • any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
76. 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 Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in 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.
77. These Terms and Conditions are governed by the law of the State or Territory in which the Entrant ordinarily resides.
78. 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 States and Territories of Australia ("Non-Excludable Guarantees").
79. 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 death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion or use of any prize.
80. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments, subject to approval of the relevant authorities.
81. Except for the ‘Entry Material, all entries become the property of the Promoter. Entrants consent to the Promoter using their Personal Information ("PI") including but not limited to their name, likeness, image and/or voice in the event they are a 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. By entering this competition, entrants agree and understand that their written entries may be used for promotional purposes without any further reference, payment or other compensation to the entrant.
82. The Promoter has identified the following email as its contact person regarding this promotion - claim@poolcleanerpromo.com

PRIVACY

83. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. The Promoter collects personal information 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, prize suppliers and, as required, to Australian regulatory authorities. Entries are conditional on providing this PI. The PI collected in this promotion will be disclosed to FLUIDRA GROUP AUSTRALIA Pty Ltd. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.fluidra.com.au/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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
84. Entrants should direct any requests to access, update or correct their personal information using the ‘Help’ button on the entry website.
85. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Entrant’s Internet Service Provider used.
86. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.
87. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or Instagram or their affiliated agencies. Facebook and/or Instagram or their affiliated agencies membership and the use of Facebook and/or Instagram or their affiliated agencies generally are subject to the Facebook and/or Instagram or their affiliated agencies prevailing terms and conditions of use available at www.facebook.com and/or www.instagram.com. Entrants understand that they are providing their information to the Promoter and not to Facebook and/or Instagram or their affiliated agencies. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook and/or Instagram or their affiliated agencies. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook and/or Instagram or their affiliated agencies and its associated agencies and companies, against any and all losses, actions, entries, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook and/or Instagram or their affiliated agencies.