Terms & Conditions

Terms & Conditions

Cabot’s Guess The Secret Message Promotion – Terms & Conditions

 

Promotion name

Cabot’s Guess The Secret Message

Promoter

DuluxGroup (Australia) Pty Ltd (ACN 000 049 427) trading as Cabot’s Australia of 1956 Dandenong Rd, Clayton VIC 3168, Australia, and includes its employees, agents and contractors

Promotion type

Game of skill

Promotion period

From 12.01am AEDT 25/11/2021 to 11.59pm AEDT 15/12/2021

Eligible entrant

Any Australian resident over 14 years old, and excludes Ineligible Entrants.  If an entrant is under 18 years of age, they must obtain consent from a parent or guardian before entering.  The Promoter may (in its absolute discretion) determine eligibility

Judging criteria

The Promoter will determine and record a secret message (Secret Message).  The Promotor may (in its absolute discretion) provide clues throughout the promotion period and at any time with regards to the Secret Message

To enter, eligible entrants must submit an entry that is the same as (or as close as possible to the Secret Message (Entry).  The first Entry that is the same as (or as close as possible to) the Secret Message is the winner.

For the purpose of judging, the same as (or as close as possible to) means identical with regards to the words, number of words, order of words, punctuation, language, spelling and grammar.  However, the Promotor may (in its absolute discretion) disregard minor differences in spelling, punctuation or grammar in determining whether an Entry is the same as (or as close as possible to) the Secret Message

Entering

To enter, eligible entrants must:

1.     Go to cabots.com.au/guessthesecretmessage (Website)

2.     Select the Cabot’s Project Assistant chat-bot link on the Website (Chatbot)

3.     Open the Cabot’s Project Assistant via Facebook, WhatsApp or Web

4.     Agree to the terms and conditions and privacy policy of the Website, Chatbot and any third party associated with the Promotion.

5.     Enter and submit the following information: full name and mobile, and a response in the Chatbot which is the same as (or as close as possible to) the Secret Message (Correct Response)

Prize

The prize is AUD5,000, payable by electronic funds transfer.

Judging winners

Entries are judged by a panel of judges appointed by the Promoter at the office of the Promoter on 17/12/2021.  The judges determine the winner from valid entries which (in their opinion) has submitted the first Correct Response.  If there is no Correct Response, the judges will determine the winner from valid entries which (in their opinion) has either (a) submitted the next most Correct Response or (b) submitted the next fastest Correct Response

The judges may determine next best winners from the remaining valid entries and record them in the event an invalid entry or ineligible entrant is selected the winner.  The judges’ determination is final and binding

Prize notification

On 20/12/201, the promoter will notify the winner by phone and post the winner’s first initial and last name on the promoter’s website and social media accounts for a period of 28 days (Notification Date).

Prize receipt

Within 10 business days after providing their nominated Australian bank account details (and subject to verifying entry validity and entrant eligibility), the Promoter will transfer the prize by electronic funds transfer to the winner’s nominated bank account

Unclaimed prize

If the winner fails to contact the promoter, provide their nominated Australian bank account details to the Promoter or provide any other information requested by the Promoter to verify entry validity or entrant eligibility within 28 days after the Notification Date, the prize is deemed unclaimed.  If the prize is unclaimed, the entry is invalid or the entrant ineligible, the next best winner (as determined and recorded by the judges) is awarded the prize

Privacy policy

This promotion is subject to the Promoter's privacy policy here (https://cabots.com.au/privacy-policy/).

Additional terms

The Prize is inclusive of any taxes.  The Promoter is not liable for any bank, administration, taxation fees or requirements associated with receiving the Prize

 

1. Terms and conditions: These terms and conditions include the information in the table above.  If you enter the promotion, you’re deemed to accept these terms and conditions.  These terms and conditions apply even after the winner has claimed the prize.  If an entrant is ineligible or an entrant’s entry is invalidated after the prize has been claimed, the Promoter may (in its absolute discretion) demand return of the prize or payment of its value.

2. Definitions: For the purpose of these terms and conditions, the following words have the following meanings:

Word

Meaning

Ineligible Entrants

are Employees (and their Immediate Families) of the Promoter or a Participating Store or any of their parent companies, subsidiaries or affiliated companies or any agency associated with the Promotion

Employees

are any officer, director, executive, employee, consultant, contractor or other person who performs work under the control of another in exchange for payment

Immediate Family

are any of the following:  spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin and the persons referred to above includes natural and non-natural relations

 

3. Invalid entries: The Promoter may (in its absolute discretion) invalidate an entry that is incomplete, indecipherable or has incorrect personal information or contact details.  The Promoter is not responsible for any late, lost, misdirected, ineligible or illegible or inaudible entries, including lost, stolen, forged, defaced or damaged invoices relating to a qualifying purchase.

4. Excluded entrants: The Promoter may (in its absolute discretion) invalidate an entry or exclude an entrant from the promotion process if that entrant:

(a) disrupts, annoys, abuses, threatens, harasses the Promoter, another entrant or potential entrant of the promotion or another person associated with the promotion (or attempts to do so);

(b) submits an entry that is not in accordance with these terms and conditions or who tampers with the promotion process; or

(c) engages in conduct which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.

5. Entry content: The content of the entry must be in English and the entrant's original work.  The Promoter may (in its absolute discretion) verify or require the entrant to verify that the content of the entry is the entrant’s original work.  The Promoter may (in its absolute discretion) invalidate an entry suspected of not being the entrant’s original work.  An entrant's entry must not include:

(a) any image or voice of another person without that person’s express consent (by including any such content, the entrant warrants that they have that express consent);

(b) any content that contravenes any law, infringes the rights of another person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate, including any content involving nudity, malice, excessive violence or swearing; and

(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording or any other item in which copyright subsists, except if the entrant is entitled to do so (By including any such work, the entrant warrants that they are entitled to do so).

6. Modification: The Promoter may (in its absolute discretion), edit, modify, delete, remove or take-down any part of an entrant's entry.

7. Entrant identity: The Promoter may (in its absolute discretion) determine the identity of an entrant.

8. Errors and omission: The Promoter may (in its absolute discretion) accept any errors or omissions in the promotion process.

9. Waiver: If the Promoter fails to enforce a right, it does not constitute a waiver of that right.

10. Receipt: Paper entries are deemed to be received by the Promoter at the time of actual receipt by the Promoter.  Online entries are deemed to be received by the Promoter at the time of actual receipt into the Promoter’s database (and not at the time of transmission by the entrant).

11. Risks: The entrant acknowledges that there may be risks involved in entering the promotion.  The winner acknowledges that there may be risks involved in using the prize.  The winner acknowledges that they may be required to sign an acknowledgement of risk and waiver of liability before claiming and using the prize.  The Promoter may (in its absolute discretion) exclude a winner who fails to sign an acknowledgement of risk and waiver of liability before claiming or using the prize or who is not able or suitable to use the prize.

12. Release and indemnity: As a condition of claiming a prize, the Promoter may (in its absolute discretion) require a winner to sign a legal release and indemnity form.

13. Entering: The entrant must manually submit entries using an internet browser.  The entrant must not use automated software or any other method to automatically submit entries.  The Promoter may (in its absolute discretion) invalidate an entry suspected of being submitted using automatic means.

14. Force majeure: If the promotion process is not able to be carried out due to circumstances beyond the Promoter's control, including due to any tech or communication issues, the Promoter may (in its absolute discretion) amend, suspend or cancel the promotion, subject to the approval from the relevant regulator.

15. Social media: While the Promoter may (in its absolute discretion) promote the promotion using social media platforms, the social media platforms do not sponsor, endorse or manage the promotion.  The entrant provides their entry information to the Promoter (not the social media platform) and releases the social media platforms from any liability connected with the promotion.

16. Prize: The prize is not transferable or exchangeable for cash, except if the prize is cash.  If the prize (or part of it) is unavailable, the Promoter may (in its absolute discretion) substitute the prize (or part of it) with a replacement prize of an equal or greater value, subject to the approval from the relevant regulator.  The Promoter is not be liable to the winner for any damage to or delay in transit of the prize.

17. Liability: To the maximum extent permitted by law, the Promoter and its employees, agents and contractors are not liable for any loss, expense, damage or liability suffered or incurred by an entrant or a winner in connection with the promotion, including:

(a) tech issues or equipment malfunction;

(b) theft, unauthorised access or interference;

(c) an entry or prize claim that is late, lost, altered, damaged or misdirected due to a reason beyond the Promoter’s control;

(d) a variation in prize value to that specified;

(e) a tax liability incurred by a winner or an entrant; and

(f) use of the prize.

Nothing in this provision is intended to restrict, exclude or modify the consumer guarantees and the applicable consumer law, including the following:  New Zealand:  Consumer Guarantees Act 1993

18. Intellectual property: The entrant irrevocably assigns to the Promoter any intellectual property rights in any material submitted by them in an entry.  The winner irrevocably consents to the Promoter using their name, likeness, image and voice in any media for an unlimited period without remuneration for the purpose of promoting the promotion and the Promoter’s products and services.

19. Personal information: The Promoter collects personal information in order to carry out the promotion process, and may disclose that personal information to its employees, agents and contractors for the purpose of carrying out the promotion process.  Entry is conditional on the entrant providing that personal information.  If an entrant does not provide that personal information, they cannot enter the promotion.  If an entrant wishes to access or update the personal information the Promoter holds about them, they may contact the Promoter.

20. Promotional material: In entering the promotion, an entrant may be prompted to tick an "opt-in" box which authorises the Promoter to use the entrant’s personal information to send promotional material about the Promoter’s products and services and disclose that personal information to agents and contractors that the Promoter engages for that purpose.

21. Criminal actions: The Promoter may refer any attempt to deliberately undermine the legitimate operation of the promotion to the relevant law enforcement agency and seek damages.