Introduction
This Website and its contents ("Website") is jointly owned and operated by Dyson Appliances (Aust) Pty Ltd ABN 50 073 072 509 & the Asthma Foundations of Australia which shall include each State and Territory Asthma Foundations in Australia ["The Operators"].
By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as "Terms and Conditions").
The Terms and Conditions govern the use of this Website. The Operators reserve the right to amend these Terms and Conditions at any time without notice. We therefore encourage you to check this document regularly. If you do agree to the Terms and Conditions we advise that you immediately leave the Website.
Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
The Operators make no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites & Third Party Advertisements
The Operators assume no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Website. Except as The Operators may specifically direct otherwise, The Operators do not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyper-links to Websites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of The Operators for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Disclaimer and liability
This Website is provided on an "as is" basis. While The Operators have used their reasonable endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, The Operators do not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, The Operators, and their affiliated companies, foundations and their respective directors, employees, agents and contractors:
- Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and
- Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of The Operators, their affiliated companies and foundations or their respective directors, employees, agents and contractors) will The Operators, their affiliated companies and foundations or their respective directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.
Warranties
You warrant that you will not post or submit any illegal, defamatory, derogatory, sexist, racist or other material that the reasonable person would find inappropriate or submit anything that would breach any third party rights, including intellectual property, moral or privacy rights.
Indemnity
You agree to indemnify and keep indemnified The Operators, their affiliated companies and foundations and their respective officers, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property & Restrictions on use of Content
The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which is owned by The Operators, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another Website without The Operators' express consent.
Termination and Cancellation
The Operators reserve the right in their sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, The Operators will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on The Operators' liability will survive such termination.
PROMOTION
The parties agree that the Promotion shall be made up of three (3) components as follows:
(a) Donate A Dyson - Harvey Norman Sales Promotion Component;
(b) Donate A Dyson - Child Care Centre Component; and
(c) Donate A Dyson - Consumer Voting Component.
The terms and conditions for each component are set out below
DONATE A DYSON - HARVEY NORMAN SALES PROMOTION COMPONENT
- Dyson Appliances (Aust) Pty Ltd [ABN 50 073 072 509] ("Dyson"), in conjunction with Derni Pty Ltd [ABN 41 002 263 872] ("Derni") and the Asthma Foundations of Australia Incorporated [ABN 47 931 649 319] ("AFIA") have joined together to conduct the "Donate A Dyson - Harvey Norman Sales Promotion Component".
- Under the Donate A Dyson - Harvey Norman Sales Promotion Component, for every sixth (6th) Participating Dyson Vacuum sold during the Sales Period at the Participating Harvey Norman Franchised Stores nationally, one (1) Dyson vacuum cleaner (Model No. DC23ACTUSP) will be awarded to a Selected Child Care Centre, with a limit of up to a maximum of 527 Dyson vacuum cleaners awarded in total.
- The total potential value of Dyson vacuum cleaners to be awarded is up to $500,123, which is based on the recommended retail price of 527 x Dyson vacuum cleaners (Model No. DC23ACTUSP) being awarded, which are each valued at $949. The actual value stipulated for the above Dyson vacuum cleaners is based on Dyson's recommended retail price and may differ in Participating Harvey Norman Franchised Stores.
- For further details on how the Dyson vacuum cleaners will be awarded see the terms and conditions for Donate A Dyson - Consumer Voting Component and Donate A Dyson - Child Care Centres Component.
- For the purpose of the above, the following definitions apply:
"Selected Child Care Centre" means a child care centre that has been selected by the Promoter, in its absolute discretion, to take part in the 'Donate A Dyson - Child Care Component'. See Schedule A of the terms and conditions for the 'Donate A Dyson - Child Care Component' for details.
"Participating Dyson Vacuum" includes any of the following models of Dyson vacuum cleaners: DC19B-TBN; DC23ACTUSC; DC23ACTUSP; DC23ACMHPL; DC24ACHPSY; DC25ACHPSP; DC15RD-HEPA; & DC15P-HEPA.
"Participating Harvey Norman Franchised Stores" means each Harvey Norman electrical store within a Harvey Norman complex, which is operated by an independent franchisee ("franchisee") pursuant to a franchise ("franchise agreement") granted by a related body corporate of Derni ("franchisor") and who agrees to participate in the Donate A Dyson - Harvey Norman Sales Promotion.
"Sales Period" means the period of the Harvey Norman Sales Promotion, commencing on 1 October 2008 and closing on 31 October 2008.
DONATE A DYSON - CHILD CARE CENTRE COMPONENT
- Information on prizes form part of these Terms and Conditions.
- Only open to Australian child care centres that are invited to participate in this Promotion by the Promoter in its absolute discretion ("Selected Child Care Centres"). Selected Child Care Centres who do not wish to participate can contact the Promoter and will be removed from the Promotion. Any Selected Child Care Centre that does not want to participate will not receive any prize. The Promoter reserves the right, in its absolute discretion at any stage, to add additional child care centres to the list of Selected Child Care Centres. The Selected Child Care Centres are listed in Schedule A.
- There will be up to 527 Dyson vacuum cleaners (Model No. DC23ACTUSP) distributed amongst the Selected Child Care Centres. The actual number of Dyson vacuum cleaners distributed will be based on the 'Donate A Dyson - Harvey Norman Sales Promotion' (see the Donate A Dyson - Harvey Norman Sales Promotion conditions for details).
- The determination of how the Dyson vacuum cleaners will be distributed amongst the Selected Child Centres will be based on the Donate A Dyson - Consumer Voting Component. Under the Donate A Dyson - Consumer Voting Component, consumers will be required to lodge their votes for which Selected Child Care Centre they believe should receive a Dyson vacuum cleaner, in accordance with the terms and conditions for that competition (see the Donate A Dyson - Consumer Voting Component conditions). After the conclusion of voting, the results will be tallied and the place of each Selected Child Care Centre will be finalised. A Selected Child Care Centre that receives a greater number of votes will be placed higher than a centre that receives less. The number of Dyson vacuums to be distributed in accordance with the final number as determined in accordance with the Donate A Dyson - Harvey Norman Sales Promotion will then be distributed to the highest placed Selected Child Care Centres. For the sake of clarity, if there are 50 Dyson vacuums to be distributed, then the top 50 placed Selected Child Care Centres will each receive a Dyson vacuum cleaner. In the event that there is a tie between two or more Selected Child Care Centres (i.e. each has an equal number of votes) for the last Dyson vacuum cleaner to be awarded, authorised representatives of the tied Selected Child Care Centres will be required to take part in a game of skill competition, as determined by the Promoter in its absolute discretion.
- The total potential value of Dyson vacuum cleaners to be awarded is up to $500,123, which is based on the recommended retail price of 527 x Dyson vacuum cleaners (Model No. DC23ACTUSP) being awarded, which are each valued at $949. The actual value stipulated for the above Dyson vacuum cleaners is based on Dyson's recommended retail price and may differ in Participating Harvey Norman Franchised Stores.
- The Promoter will deliver the prizes to the winning Selected Child Care Centres. The winning Selected Child Care Centres should allow at least 6 weeks after the conclusion of the Donate A Dyson - Consumer Voting Component. Winning Selected Child Care Centres will be published at www.kidsbreathebetter.com.au commencing on 11 November 2008.
- Promoter's decision is final and no correspondence will be entered into.
- If for any reason a winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited and will not be redeemable for cash.
- In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion.
- If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
- Prizes are not transferable or exchangeable and cannot be taken as cash.
- 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 the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Selected Child Care Centre; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
- Except for any liability that cannot be excluded by law, the Promoter, Derni Pty Ltd, HNHL and its subsidiaries, Participating Harvey Norman Franchised Stores and the Asthma Foundations of Australia Incorporated and their related entities (including their respective officers, employees and agents) exclude 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 the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any correspondence or 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 liability incurred by a winner or Selected Child Care Centre; or (f) use of a prize.
- As a condition of accepting the prize, an authorised representative of the winning Selected Child Care Centre must sign any legal documentation as and in the form required by the Promoter / Prize Supplier / organisers in their absolute discretion including but not limited to a legal release and indemnity form.
- The Promoter may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, prize suppliers and, as required, to Australian regulatory authorities and the Asthma Foundations of Australia Incorporated, Derni Pty Ltd, HNHL and its subsidiaries. Individuals should direct any request to access, update or correct information to the Promoter at their address set out below.
- For the purpose of the above, the following definitions apply:
"HNHL" means Harvey Norman Holdings Limited ACN 003 237 545.
"Participating Harvey Norman Franchised Stores" means each Harvey Norman electrical store within a Harvey Norman complex, which is operated by an independent franchisee ("franchisee") pursuant to a franchise ("franchise agreement") granted by a related body corporate of Derni ("franchisor") and who agrees to participate in the Donate A Dyson - Harvey Norman Sales Promotion.
"Selected Child Care Centre" means a child care centre that has been selected by the Promoter, in its absolute discretion, to take part in the 'Donate A Dyson - Child Care Component'. See Schedule A of the terms and conditions for the 'Donate A Dyson - Child Care Component' for details.
- The Promoter is Dyson Appliances (Aust) Pty Ltd of, 8-10 Mangrove Lane, Taren Point, NSW 2229 (A.B.N. 50 073 072 509)
DONATE A DYSON - CONSUMER VOTING
- Information on how to vote form part of these Terms and Conditions. Participation in this voting service is deemed acceptance of these Terms and Conditions.
- Voting is only open to Australian residents. Employees (and their immediate families) of the Promoter, Derni Pty Ltd, HNHL and its subsidiaries, Harvey Norman Franchised Stores, the Asthma Foundations of Australia Incorporated, their related entities and agencies associated with this voting service are ineligible to vote.
- Voting commences on 12.01am Sydney Local Time on 1 September 2008 and closes at 11.59pm Sydney Local Time on 31 October 2008 (the 'Voting Period').
- To vote, voters must, during a Voting Period, visit www.kidsbreathebetter.com.au, follow the prompts, enter their requested details, and then cast their vote for any Selected Child Care Centre. Voters acknowledge that Selected Child Care Centres may request that the Promoter remove them from the promotion, in which case, any votes of those Selected Child Care Centres which do not wish to participate will be deemed invalid. The Promoter takes no responsibility if a Selected Child Care Centre does not wish to participate. For details of Selected Child Care Centres see the terms and conditions for the 'Donate A Dyson - Child Care Centre Component'.
- The Promoter reserves the right, at any time, to verify the validity of votes and voters (including a voter's identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Incomplete or indecipherable votes will be deemed invalid.
- Multiple votes permitted subject to the following: (a) each voter is only permitted to vote once per day (based on Sydney Local Time); (b) only one (1) vote from the same computer each day; and (c) each vote must be submitted separately and in accordance with the voting requirements.
- If there is a dispute as to the identity of a voter, the voter will be deemed to be the person in whose name the mobile/phone account is held.
- At the end of each Voting Period, the Promoter's representatives will count the number of votes received for each participating child care centre to determine which participating child care centres receive a Dyson vacuum cleaner.
- The Promoter's decision is final and no correspondence will be entered into.
- If this voting service 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 the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any voter; or (b) to modify, suspend, terminate or cancel the voting service, as appropriate.
- Any cost associated with accessing the promotional website is the authorized representative's or entrant's responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- Except for any liability that cannot be excluded by law, the Promoter, Derni Pty Ltd, HNHL and its subsidiaries, Harvey Norman Franchised Stores and the Asthma Foundations of Australia Incorporated and their related entities (including their respective 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 voting service, including, but not limited to, where arising out of 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; and (c) any vote 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.
- The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, prize suppliers and, as required, to Australian regulatory authorities and Derni Pty Ltd, HNHL and its subsidiaries, and the Asthma Foundations of Australia Incorporated. Voting is conditional on providing this information. The Promoter, Derni Pty Ltd, HNHL and its subsidiaries and the Asthma Foundations of Australia Incorporated may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the voter. Voters should direct any request to access, update or correct information to the Promoter at their address set out below, Derni Pty Ltd, and HNHL at A1 Richmond Road, Homebush West, NSW 2112, and the Asthma Foundations of Australia Incorporated at 491-495 King Street, West Melbourne VIC 3003. All votes become the property of the Promoter.
- For the purpose of the above, the following definitions apply:
"HNHL" means Harvey Norman Holdings Limited ACN 003 237 545.
"Participating Harvey Norman Franchised Stores" means each Harvey Norman electrical store within a Harvey Norman complex, which is operated by an independent franchisee ("franchisee") pursuant to a franchise ("franchise agreement") granted by a related body corporate of Derni ("franchisor") and who agrees to participate in the Donate A Dyson - Harvey Norman Sales Promotion.
- The Promoter is Dyson Appliances (Aust) Pty Ltd of, 8-10 Mangrove Lane, Taren Point, NSW 2229 (A.B.N. 50 073 072 509)
