WEBER BABY-Q REFER A FRIEND PROGRAM TERMS

Promotion(s)

WEBER BABY-Q REFER A FRIEND PROGRAM

Promoter(s)

The Promotion is conducted by:

Promoter A – AQUADEV PTY LTD (ABN 40 088 269 792); trading as TERRA MARE PRIME AUSTRALIA

Promotional Term

Program A – 26/07/2021 at 12:01 am AEST – 30/09/2021 at 11:59 pm AEST

Eligible Entrants

Open to Australian residents over the age of 18 subject to these Program Terms.

How to Enter

To participate in the Program, an Eligible Entrant must:

Program A – Submit a referral form after making a purchase on https://www.terramareprime.com.au and provide to Promoter A the required information about their Qualified Referral.

Entries Permitted

Unlimited entries subject to the Program Terms and by completing the Entry Method. The Eligible Entrant is eligible to win a maximum of one (1) Prize in Program A.

Total Prize Pool

Program A – AUD $349.00 – 1 x Weber Baby-Q

Draw Method

Program A – Computerised random selection – 1 October 2021 at 5:00 pm AEST.

Unclaimed Prize

Program A – Prizes must be claimed by 31 October 2021 at 5:00 pm AEST. In the event of an unclaimed Prize, the Prize will be redrawn on 1 November 2021 at 5:00 pm AEST.

  1. AQUADEV PTY LTD (ABN 40 088 269 792); trading as TERRA MARE PRIME AUSTRALIA (collectively and interchangeably hereafter referred to as “Terra“, or “We” or “Us” or “Our” or the “Promoter”) offer individuals (“Referrer(s)”, “Participants”, or “You(r)”) the opportunity to participate in their promotional give-away(s) (the “Program”) for a chance to win one (1) Weber Baby-Q (the “Prize”) in Program A.
  2. You can only participate in Program in the manner specified by these Terms and Conditions, Our Privacy Policy, and Terms of Use (collectively, “Program Terms”).
  3. The Program commences at 12:01 am AEST on 26 July 2021 and ends at 11:59 pm AEST on 30 September 2021 (the “Promotional Term”).
  4. We will announce the Prize winner on 1 October 2021 and contact the winner using the contact details they have provided to us (the “Draw”).
  5. We may also publish the name of the winning Referrer (for Program A) on Our website, and or social media at the end of the Promotional Term to announce the Prize winner.
  6. We will re-draw the Prize after thirty (30) days or until the Prize is claimed.
  7. No part of the Prize is exchangeable, redeemable for cash or any other Prize or transferable, unless otherwise specified in writing by us.
  8. If a Prize (or portion of a Prize) is unavailable We reserve the right to substitute the Prize (or that portion of the Prize) to a Prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
  9. No entry fee is charged by us to participate in the Program.
  10. If there is a dispute as to the identity of an entrant or winner, we reserve the right, in Our sole discretion, to determine the identity of the Eligible Entrant or winner.
  11. We reserve the right to terminate the Program at any time, for any reason. We reserve the right to amend or modify at any time these Program Terms and or the methods through which the Prize is earned or redeemed.
  12. We reserve the right to disqualify any Participant or entrant from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Program Terms, or otherwise fails to comply with any applicable laws.
  13. If you have any questions about these Program Terms, please contact us at sales@terramareprime.com.au

How to Participate

14. You may only participate in the Program during the Promotional Term, by:

14.1 Program A – Purchasing any product on Our Website (https://www.terramareprime.com.au) and following the instructions to refer your friends, family members, or colleagues (“Referral”) to us.

15. In respect of Program A, the submission of your contact information or that of your Referral will constitute entry into the Program (“Entry Method”) subject to these Program Terms which apply to Program A.

16. A Referrer, Participant, and entrant, who is a natural person (i.e. You as defined in clause one (1) above), and is fully compliant with the Program Terms is an “Eligible Entrant”.

17. An Eligible Entrant will receive one (1) entry into the Draw for the Prize for each “Qualified Referral” he or she makes to us in respect of Program A.

18. A Qualified Referral is:

18.1. A natural person over the age of eighteen (18) other than the Referrer who is not a current or previous customer of Ours; and

18.2. Who normally resides in Australia and has given their express consent to the Eligible Entrant to provide their personal information to us.

Program Terms

19. You will not participate in the Program where doing so would be prohibited by or contravene any applicable law or regulations.

20. You will not register as a Referrer or participate in the Program in any other manner if you disagree with the Program Terms in their entirety.   

21. You will limit your Referral submissions to one (1) per person and acknowledge that repeated or additional submissions of the same Referral’s information will not be counted and do not count as an entry into the Draw.

22. You will not refer yourself – a Referrer and Referral cannot be the same person. The Referral must be a new prospective customer who has not purchased any products, goods or services from us before, or is otherwise a person who is unknown to us. For the avoidance of any doubt an incorporated entity is not a person.

23. We reserve the right to automatically disqualify any suspicious referrals.

24. You will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Program, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledge that we may use any such marketing and editorial material without further reference or compensation to you.

25. You must comply with all Privacy and Anti-Spam Laws and refrain from distributing or referring our referral Program link(s) in a manner that would constitute unsolicited commercial email or spam under any applicable law or regulation. Such conduct will be grounds for immediate termination of your account and or participation in the Program and disqualify you from being an Eligible Referrer.

26. Eligible Entrants may participate in the Program in order to refer a Qualified Referral to us as potential new customers. To do this:

26.1. Eligible Entrants must necessarily submit personal information about themselves and a Qualified Referral such as name(s) and e-mail address information, so that we may send communicate with the Eligible Entrants and Qualified Referrals.

26.2 The personal information will be collected, processed and used in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy;

26.3 Eligible Entrants understand that, in addition to the initial communications to Qualified Referral(s), we may also use the personal information to send to Qualified Referrals additional follow-up communications on behalf of the Eligible Entrants in order to encourage or remind the Qualified Referral to complete, make or consider a purchase; and

26.4 The personal information may also be used by us to contact Eligible Entrants with regards to their participation in the Program and to send to Eligible Entrants additional communications.

27. Qualified Referrals and Eligible Entrants personal information will be collected by us and stored in our secure electronic database. We may use this information for future marketing purposes regarding Our products, including contacting participants electronically. We are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and our privacy policy which is located at www.terramareprime.com.au/privacy-policy. Our privacy policy contains information about how participants may access, update and seek correction of the personal information we hold about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. We collect personal information about all participants to enable them to participate in the Program and may disclose the participants’ personal information to third parties including its contractors and agents, Prize suppliers and service providers to assist in conducting Program A and to the State and Territory lottery departments if required under the relevant lottery legislation. If the Eligible Entrant does not provide their personal information or accurate information about a Qualified Referral as requested, they may be ineligible to enter or claim a Prize in the Program. Personal information collected from Eligible Entrants will not be disclosed to any entity located outside of Australia.

28.1. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Program Terms 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).

LIABILITY – BY PARTICIPATING IN THE PROGRAM, REFERRERS AGREE TO:

29. Defend, indemnify, release and hold harmless Promoter A, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties“), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to a Referrers’ (including Eligible Entrant(s)) participation in Program A (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Prize).

30. WE SHALL NOT BE RESPONSIBLE FOR:

30.1 Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or Prize(s), regardless of the method of transmission or delivery;

30.2 Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;

30.3 Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials including the Prize;

30.4 Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or

30.5 Claims, demands, and damages in disputes among Referrers or between Referrers and Referrals; or

30.6 Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a Prize, or from participation in the Program, that were not reasonably foreseeable to us at the relevant time.

31. We disclaim any liability for damage to any computer system, mobile device, tablet or electronic device resulting from participating in, or accessing, or submitting or downloading information in connection with the Program A, and reserve the right, in Our sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Our control corrupt the administration, security or proper operation of the Program.

32. We shall not be liable to any individual (Eligible Entrants and Qualified Referrals or otherwise) for failure to supply any Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, hurricane, cyclone, tropical depression, tidal wave, rogue wave, cataclysm, tsunami, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, implosion, sink-hole, electron-magnetic pulse, coronal mass ejection, storm, geo-magnetic storm, magnetic pole reversal, pressure wave, ionised radiation, unusually severe weather, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.

33. We reserve the right to cancel or suspend the Program should we determine, in Our sole discretion, that the administration, security or fairness of Program has been compromised in any way.

34. REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT:

34.1Your entry and participation in Program A is at your sole risk;

34.2 The Program is provided on an “as is” and “as available” basis and We expressly disclaim all warranties, conditions and terms (collectively, “promises”) of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and no infringement;

34.3 We make and give no warranty that:

34.3.1 The Program will meet your requirements or be uninterrupted, timely, secure, or error free;

34.3.2 Any results obtained from the use of the Program will be accurate or reliable; and

34.3.3 The quality of any products, Prizes, services, information, or other material obtained by you through the Program will meet your expectations, and any errors in the service will be corrected;

34.3.4 Any material downloaded or otherwise obtained through the use of the Program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

35 LIMITATION OF LIABILITY AND INDEMNIFICATION

35.1 Eligible Entrants expressly understand and agree that We (including any vendors or service providers associated with or assisting us in providing the Program) shall not be liable to you to the maximum extent permitted under the any applicable law, for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses (even where We have been advised of the possibility of such damages), resulting from:

35.1.1 The use or the inability to use the Program;

35.1.2 The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Program;

35.1.3 Unauthorised access to or alteration of Your transmissions or data;

35.1.4 Statements or conduct of any third party on or through the Program; or

35.1.5 Any other matter relating to the Program.

35.2 To the fullest extent possible permitted by law, our maximum liability arising out of or in connection with the Program shall not exceed the value of the Prize in Prize Pool for Program A (1 x $349.00).

PROHIBITED CONDUCT

36. If the integrity of the Program cannot be restored after the occurrence of “Prohibited Conduct”, we reserve the right to cancel, change, or suspend the Program. By participating in the Program, Eligible Entrants agree not to use the Program to:

36.1 Violate applicable law;

36.2 Infringe on Our intellectual property rights or that of any third party;

36.3 Stalk, harass, harm, menace, annoy, pester or cause a nuisance to another individual;

36. 4 Collect or store personal information or data about other Eligible Entrants or Qualified Referrals; Stalk, harass, or harm another individual;

36.5 Impersonate any person or otherwise misrepresent their identity;

36.6 Interfere with, disrupt or violate the Program Terms or servers or networks connected to the Program; or

36.7 Violate or disobey any requirements, procedures, policies, or regulations of such networks;

36.8 Interfere with another Referrer’s use of the Program;

36.9 Attempt to gain unauthorised access to the Program, other accounts, computer systems, or networks connected to the Program;

36.10.Transmit any file that contains a malicious payload, viruses, worms, trojan horses, or any other contaminating or destructive features;

36.11.Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

36.12.Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

37. SPAM & BULK DISTRIBUTION

37.1 If an Eligible Entrant provides a link to Our Website or Program entry referral form to a Referral or Qualified Referral by email or any other form of electronic communication, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.

37.2 Bulk referrals, distribution to strangers, or any other promotion of the Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Our sole discretion is expressly prohibited and may be grounds for immediate termination of the Eligible Entrant’s participation in the Program. We have a no-tolerance spam policy.

37.3 We have no obligation to monitor the content provided by Eligible Entrants; however, We may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

37.4 While we are the actual sender of the referral email, each Eligible Entrant must nonetheless comply with applicable law. Eligible Entrants who do not comply with the law, including antispam and Privacy Laws, are obligated to indemnify Us and all of the Released Parties against any liabilities, costs and expenses incurred as a result of such violation.

38. Fraudulent and Suspicious Behaviour

38.1 We may prohibit an Eligible Entrant from participating in the Program or claiming a Prize, in Our sole discretion, if We determine that such an Eligible Entrant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Eligible Entrants, participants, third parties or any representatives of Promoter A.

38.2 Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.

38.3 Eligible Entrants may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Prize.

38.4 We reserve the right to disqualify any Eligible Entrants and/or cancel any Prize if we find an Eligible Entrant to be tampering with the entry process or the operation of the Program or violating these Program Terms in any way.

38.5 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) TO THE MAXIMUM EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

39 Governing Law, Jurisdiction & Dispute Resolution

39.1 Any disputes or claims arising out of or in connection with the Program (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of South Australia, Australia.

39.2 All participants in the Program irrevocably agree that the courts of South Australia, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with the Program or its subject matter or formation (including non-contractual disputes or claims).

39.3 In the event that there is a dispute concerning the conduct of the Program or claiming a Prize, We will resolve the dispute in direct consultation with the participant(s). If the dispute cannot be resolved, Our decision will be final.

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