“Flexigroup xmas sales incentive” promotion

“Flexigroup xmas sales incentive” promotion

 

TERMS AND CONDITIONS

  1. Instructions on how to claim and the gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.

     

  2. Claims are only open to Australian residents who are employed as a sales person at a Participating Merchant. A participating merchant is any merchant that displays and distributes material to its staff advertising this promotion (each a “Participating Merchant”).

     

  3. Claimants under 18 years old must have parental/guardian approval to claim and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor submitting a claim in this promotion.

     

  4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.

     

  5. Promotion commences on 02/12/2019 and ends at 11:59pm AEDT on 31/12/2019 (“Promotional Period”).

     

  6. To be eligible to claim and receive a gift, eligible sales persons must make four (4) separate sales of $1,000 or more of either humm Big Things or Skye during the Promotional Period. For the removal of doubt, the qualifying sale amount of $1,000 or more must be in a single transaction and cannot be made up of multiple transactions. The four (4) separate sales can be made up of either humm Big Things or Skye and does not strictly need to be one (1) product.

    For Skye purchases, the customer must have authorised the purchase via pincode. For humm Big things purchases, only valid contracts are eligible that are received by humm no later than 15 February 2020 (this allows 6 weeks to send in the contract). Eligible sales persons must enter the sales into the humm or Big Things or Skye merchant portal in order to be eligible to receive a gift. Eligible sales persons must ensure they use the exact same name for each sale in order to be eligible to receive a gift.

     

  7. For every four (4) separate sales of $1,000 or more of either humm Big Things or Skye made during the Promotional Period, eligible sales persons will receive a gift of $50, provided they follow the steps as outlined in clause 6 above. For example, if an eligible sales person is to make twelve (12) separate sales of $1,000 or more of either humm Big Things or Skye during the Promotional Period, they will be eligible to receive $150. The gift will be awarded to each sales person via the Participating Merchant.

     

  8. The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

     

  9. Incomplete or indecipherable or illegible claims will be deemed invalid.

     

  10.  If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.

     

  11.  Successful claimants will be notified by email.

     

  12.  The Promoter’s decision is final and no correspondence will be entered into.

     

  13.  Gifts are not transferable or exchangeable.

     

  14.  Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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.

     

  15.  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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

     

  16.  Liability for any tax (other than FBT) arising out of participation in this promotion (including acceptance of a gift) is the sole responsibility of the claimant. Claimants should seek independent financial advice in this regard.

     

  17.  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”). 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 any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

     

  18.  Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 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 tax liability incurred by a claimant; or (e) use of a gift.

     

  19.  The Promoter collects personal information ("PI") 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. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.shophumm.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 claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose claimant’s PI to entities outside of Australia (see Privacy Policy for details).

     

  20.  The Promoter is Flexigroup Limited (ABN 75 122 574 583) of Level 7, 179 Elizabeth Street, Sydney NSW 2000.