This promotion is being administered by Berger Paints a division of DuluxGroup (Australia) Pty Ltd (Berger).
Information on how to participate in Berger Paint For A Mate promotion forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
All participants acknowledge that Berger can rely on these Terms and Conditions.
Each participant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. Berger’s decision not to enforce a specific restriction (whether communicated to an participant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
Incomplete and indecipherable submissions and any submission which has incorrectly entered personal information or contact details shall be deemed an invalid submission. No responsibility is accepted by Berger for late, lost, misdirected, ineligible or illegible/inaudible submissions (including lost, stolen, forged, defaced or damaged proof of submission or things required by the Verification Requirements).
Berger’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
Berger may, in its sole discretion, declare any or all submissions made by an participant invalid, and/or prohibit further participation by an participant in this Promotion or a prize event/activity if the participant:
disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to Berger, another participant or potential participant of, or anyone else associated with, this Promotion;
submits an submission that is not in accordance with these Terms and Conditions or who tampers with the submission process; or
engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to Berger's goodwill or reputation.
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 Berger, Berger reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the Berger Paint For A Mate promotion, as appropriate.
Submissions must be the participant's original work. Berger reserves the right to verify, or to require the participant to verify, that the submission is the participant's original work. If an submission cannot be verified to Berger's satisfaction, the submission will be deemed invalid.
An participant's submission must not include:
any image or voice of any other person without that person's express consent. Participants warrant that if any such content is included, they have obtained the express consent of the relevant person;
any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the participant is entitled to do so. If an participant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their submission, the participant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows Berger to use the submission in accordance with these Terms & Conditions.
Berger may, in its absolute discretion, edit, modify, delete, remove or take-down any part of a participant's submission.
Submissions must be received by Berger and will be deemed to have been received at the time of receipt by Berger. Online and other electronic submissions are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the participant.
Any costs associated with accessing the Promotion website are the participant’s responsibility and are dependent on the internet service provider used. Participants must submit their submissions and/or claims manually using an internet browser.
Berger is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to submissions or to participants' or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond Berger's control, including due to any technical or communications problems, Berger reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority.
Errors and omissions may be accepted at Berger's discretion. Failure by Berger 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 participant, Berger reserves the right, in its sole discretion, to determine the identity of the participant.
As a condition of accepting the paint grant, the Participant may be required to (at Berger’s discretion) sign any legal documentation as and in the form required by Berger and/or service suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Berger may communicate or advertise this competition using Facebook, Twitter and Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. Participants are providing their information to Berger and not to Facebook, Twitter or Instagram. Each participant completely releases Facebook, Twitter and Instagram from any and all liability.
The paint grant(s) and/or parts of the paint grant(s) is/are not transferable or exchangeable and cannot be taken as cash. If the paint grant, or an element of the paint grant, is unavailable for any reason, Berger reserves the right to substitute another prize of equal or greater value for that paint grant, or element of it, subject to the approval of any relevant authority. Berger and its representatives will not be liable for any damage to or delay in transit of paint grant.
The use of any automated submission software or any other mechanical or electronic means that allows an participant to automatically enter the Promotion repeatedly is prohibited and will render submissions submitted using such means as invalid.
Except for any liability that cannot be excluded by law, Berger (including its 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Berger’s control); (b) any theft, unauthorised access or third party interference; (c) any submission or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Berger) due to any reason beyond the reasonable control of Berger; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or participant; or (f) use of the prize.
Berger and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
Participants irrevocably consent and assign to Berger all intellectual property including copyright in the images submitted by them during this competition. Participants also irrevocably consent to Berger using 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Berger.
Berger collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties required for the provision of the Prize. Submission is conditional on providing this information. Berger may disclose the information for those purposes to its related bodies corporate and contractors. If participants do not provide the information requested they will not be able to enter the Promotion.
In addition to the privacy term set out above, if the participant has ticked the "opt-in" box, Berger may also use personal information participants provide to send information about Bergers products and services (including via electronic means), and may disclose the information to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) Berger engages for that purpose.
CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Berger reserves the right to refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as Berger may determine from time to time to the fullest extent permitted by law.
Berger is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of Berger's privacy policy can be viewed at www.intergrain.com.au. To request access to, or to update, personal information Berger holds about them, participants can contact the office of Berger.
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