Terms & Conditions
TERMS AND CONDITIONS OF ENTRY
2023 REPAIR DON’T REPLACE CHALLENGE (Promotion)
1. Information on how to enter and prize details form part of these terms and conditions (Terms and Conditions), however, to the extent that there is any inconsistency between these Terms and Conditions and any other published material, these Terms and Conditions will prevail. By submitting an entry into the Promotion, the entrant warrants that they have read, understood and accepted these Terms and Conditions. By participating in the 2023 WD-40 Company (Australia) Pty Limited “Repair Don’t Replace Challenge”, each participant fully and unconditionally agrees and acknowledges that these Terms and Conditions are binding.
2. The promoter of the Promotion is WD-40 Company (Australia) Pty Limited ABN 97 003 334 549 of Level 2, 41 Rawson Street, Epping, New South Wales 2121 (the Promoter). The Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth) will be known as "WD-40 Company (Australia)".
3. Promotional Period Key Dates & Time are as follows:
Promotion Opens - 26 February 2023 at 00:00 AEST
Promotion Closes - 22 April 2023 at 00:00 AEST
Promoter to draw Winner(s) - 28 April 2023 at 10:00 AEST
Winner Contacted/Notification Date - 1 May 2023 at 10:00 AEST
Final Notification Date - 19 May 2023 at 12:00 AEST
4. Entry is open to Australian residents only who:
(a) are at least 18 years of age;
(b) have a valid email address and phone number, (Eligible Entrants).
The directors, management and employees (and their immediate families) of WD-40 Company (Australia), its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this Promotion are ineligible to enter the Promotion. Immediate family means any of the following: spouse, child or step-child (whether natural or by adoption), or parent.
5. To enter this Promotion, an Eligible Entrant must, within the period commencing on the date the Promotion Opens and ending on the date the Promotion Closes (as set out in item 3) (Promotional Period) enter the competition on the page https://repairchallenge.wd40.com.au and
(a) Register email.
(b) Submit an image, video or guide of a project demonstrating how you repair with WD-40 products.
(c) Tell us what inspired you to complete this project.
(d) Include in the project description the category your project is submitted into: DIY, Trade or Auto
6. Criteria used by the panel of judges include:
(a) Clarity and quality of images and/or video
(b) The before and after images, videos and/or descriptions of your project
(c) Your description of what inspired you to complete the project and which category your project is submitted into: DIY, Trade or Auto
7. Eligible Entrant’s may submit multiple entries to win multiple prizes within the Promotional Period.
8. An entry is deemed to be received at the time of its receipt by the Promoter and not at the time of transmission by the entrant. Entries received will be considered final by the Promoter. Incomplete, inaccurate, incorrect, erroneous, ineligible or incomprehensible entries may result in an entry being deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly on the Promotional Vehicle by an Eligible Entrant may result in and entry being deemed invalid.
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity) and disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
10. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.11. This is a game of skill and chance plays no part in determination of the winners. Eligible Entrants will be judged individually by a panel of judges appointed by The Promoter, based on the quality of the entry that complies with the Promoter’s requirements set out in item 5 above using the criteria set out below.
11. The Promoter’s decisions are final, and no correspondence will be entered into. Eligible Entrants will be selected at the Promoters address set out in item 2 above.
12. There will be 3 major prize winner(s) – 1 for each of the categories as outlined in item 5(d). The prize pack for each category consists of:
(a) $5,000 DIY includes:
· $3,371 Makita Tool Kit
· $200 Lawn Care Masterclass with @jacobsbackyard (virtual)
· $1,200 Personalised Interior and DIY session with @thediydecorator (virtual)
(b) $5,000 Trade includes:
· $2,000 Kennards Hire voucher
· $3,000 Makita Tool Kit
(c) $5,000 Auto includes:
· $500 Signed Mighty Car Mods merchandise pack
· $4,500 4x4 workshop experience with @samyoung4x4 and @allfor4x4 (Sydney or Brisbane)
13. The winner(s) is responsible for the collection of the prize. The winner(s) contact details will be provided to the company and/or influencer granting the prizes. They will contact the winner to coordinate the redemption of the prize either by delivery, virtually or in-person. This allows the winner to get any warranty details registered at the same time as collecting the prize.
14. The total prize pool value is RRP of $15,000. The Promoter takes no responsibility for any variation in the prize/s value. The prize/s is not exchangeable or redeemable for cash. A prize must be taken as offered and cannot be varied. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a different prize item of equal or greater value.
15. The winner may nominate someone else to receive or get the benefit of some or all of the prizes. If the prize is an in-person session with an influencer, the winner (or their nominee) is responsible for all travel and accommodation costs of attending the nominated venue in Sydney or Brisbane.
16. The winner(s) will be notified on 1 May 2023 (winner contacted/Notification Date) by email, and their first name and/or social media handle will be published on the WD-40 Company (Australia) social media pages.
17. If for any reason whatsoever a winner is not eligible to accept their prize, then the prize will be forfeited by that winner and neither cash nor any other prize will be awarded in lieu. If the winner does not claim their prize within 2 weeks of notification, they will forfeit the prize and the Promoter's judging panel will select another entry. This process will continue either until the particular prize is claimed or valid entries are exhausted, whichever occurs first.
18. The Promoter will take all reasonable steps to contact the winner by 19 May 2023 (Final Notification Date – 12:00pm). If the Promoter has been unable to contact or receive a reply from any winner by the Final Notification Date that winner will forfeit the Prize and the Promoter's judging panel will select another entry. This process will continue either until the particular prize is claimed or valid entries are exhausted, whichever occurs first.
19. All costs not expressly stated, but which may be incurred in acceptance and use of a prize, are the responsibility of the winner. Such additional costs may include but are not limited to travel and/or transport to and from the prize collection location, or other transfers, spending money and insurance. For the avoidance of doubt, the winner must make their own way (at their own cost and responsibility) to Sydney or Brisbane to collect the prize.
20. 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 to disqualify any entrant or modify, suspend, terminate or cancel the Promotion, as appropriate.
21. Except for any liability that cannot be excluded by law (including under the Australian Consumer Law at Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury suffered or sustained in connection with this Promotion or any prizes; and 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 entry 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.
(e) any tax liability incurred by a winner or Eligible Entrant; and
(f) use of the prize.
22. As a condition of accepting their prize, the winner may be required to sign legal documentation in a form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
23. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to the supplier of the prize, and any third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant, subject to consent requirements and rights to opt-out of receiving such messages under applicable laws.
25. Except to the extent that any losses or liability mentioned below are caused or contributed to by the Promoter, the winner indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all losses arising from a breach by the winner of any of these Terms and Conditions; any third party claim arising directly or indirectly from a breach by the winner of any of these Terms and Conditions; a negligent, wilful or otherwise wrongful act or omission of the winner; fraudulent or dishonest acts or omissions by the winner; any breach by the winners of any applicable laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the winner accepting this prize; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the winner.
26. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence (with the right to sub-license) to use and exploit all intellectual property rights (including, without limitation, copyright) in and to their entry and consents to the Promoter doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of an entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or part of an entrant’s entry for promotional, marketing or publicity purposes, whether in respect of the competition, the Promoter or otherwise. Without limiting the Promoters rights above, the Promoter may exercise the above licence without further notification, remuneration or compensation during the Promotion Period and for a period of 12 months following the end of the Promotion Period. After that time, the Promoter will use reasonable efforts to contact the entrant before any new use of any intellectual property rights in the entry.
Each entrant warrants to the Promoter that the work submitted as part of their entry is an original work of the 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.
27. As a condition of accepting the prize, the winner consents to the Promoter using the winner’s entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. Without limiting the Promoters rights above, the Promoter will use reasonable efforts to contact the winner before any new use of the winner’s entry, name, likeness, image and/or voice more than 12 months after the end of the Promotion Period.
28. By submitting an entry into the Promotion, the entrant acknowledges that the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social network including Facebook, Instagram, YouTube or Twitter.
29. To the fullest extent permitted by law, each entrant releases Facebook, Instagram, YouTube, Twitter and the operators of any other social network platform where the Promotion is promoted from and against any loss, liability, cost or expense that the entrant or any other person may suffer or incur as a result of entry into the Promotion.
30. You are not required to post your entry or any content to any social network platform, but if you choose to do so you must comply with all terms and guidelines that apply to the platform (for Youtube Community Guidelines see: http://www.youtube.com/t/community_guidelines). Any breach the terms or guidelines of any social network platform in connection with this Promotion may result in disqualification from this Promotion competition.
31. These Terms and Conditions are governed by the laws of New South Wales, Australia and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales.