1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to registered businesses operating in Australia who are authorised and licensed to install the Promoter’s products (“Eligible Business”).
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.
4. Promotion commences on 12/08/2024 and final entries close at 11:59pm AEDST on 30/11/2024 (“Promotional Period”).
5. To be eligible to enter an authorised trades person on behalf of the Eligible Business must during the Promotional Period, undertake the following steps:
a) Fully complete the installation of a Velux Skylight product making sure to take a before and after photo of the completed installation. The before and after photos must be of an installation completed during the Promotional Period and cannot be from installations prior to the commencement of the promotion;
b) Post the before and after photos of the Velux Skylight installation to Instagram as a post or reel, tag their business name, tag @VELUXAustralia and use the hashtag #VELUXTRANSFORMATIONS. All entries must be to the Eligible Businesses’ Instagram page. If the Eligible Business does not have an Instagram Page, an authorised person on behalf of the Eligible Business must create an Instagram Account for the Eligible Business. Instagram accounts must be set to public.
Each authorised trades person on behalf of an Eligible Business warrants that prior to entry they have: (a) obtained the relevant permission from the property owner to take the before and after photos; and (b) advised the property owner that by installing the Velux Skylight product the Eligible Business will be eligible to enter this promotion.
6. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Businesses (including an Eligible Business’ authorised trades person and their employment) and reserves the right, in its sole discretion, to disqualify any individual or business who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry 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.
7. Incomplete, indecipherable, or illegible entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
9. The judging will take place at 78 Henderson Road, Alexandria, NSW 2015 commencing on 11/12/2024. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. Winning Eligible Businesses will be notified by Instagram Direct Message. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on how well the Eligible Business has maximised the light, space and framing as well as the overall wow factor of the Velux Skylight installation.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. The best two (2) valid entries, as determined by the judges, will each win their choice of $2,500 worth of Velux products. Prize value is based on RRP of the Velux products. Prizes will be awarded to the owner/manager of the Eligible Business. Any ancillary costs in excess of $2,500 will not be included and will be the responsibility of the winning Eligible Businesses. Cash will not be awarded in lieu of any unused balance.
12. The promoter will also award the property owner associated with each winning entry $500 (“Winning Property Owner”). The Promoter will liaise with each winning Eligible Business regarding the Winning Property Owner notification and will request that each Winning Property Owner reaches out to the Promoter directly so that the prize can be awarded. Prizes will be awarded in the form of an electronic funds transfer (EFT). The Winning Property Owner is responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
13. If for any reason a winning Eligible Business or Winning Property Owner does not take a prize by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
14. 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.
15. Total prize pool value is $6,000.
16. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
17. Authorised trades persons on behalf of Eligible Businesses agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Authorised trades persons on behalf of Eligible Businesses warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the authorised trades person on behalf of the Eligible Business agrees to indemnify the Promoter for any breach of the above terms.
18. As a condition of entering this promotion, each Eligible Business licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
19. Authorised trades persons on behalf of Eligible Businesses consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.
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, 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 Eligible Business; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
21. Any cost associated with accessing Instagram is the Eligible Businesses responsibility and is dependent on the Internet service provider used.
22. Liability for any tax (other than FBT) arising out of participation in this promotion (including acceptance of a prize) is the sole responsibility of the Eligible Business. Eligible Businesses should seek independent financial advice in this regard.
23. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
24. 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 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 to that stated in these Terms and Conditions; (e) any tax liability incurred by an Eligible Business or Winning Property Owner; or (f) use of a prize.
25. 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 and prize suppliers. 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.velux.com.au/our-company/privacy-policy. The Privacy Policy also contains information about how Eligible Businesses may opt out, access, update or correct their PI, how Eligible Businesses 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 Eligible Businesses’ personal information outside of Australia, see the Privacy Policy for more details.
26. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Terms of Use, which can be found at http://instagram.com/about/legal/terms.
27. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Authorised trades persons on behalf of Eligible Businesses understand that they are providing their information to the Promoter and not to Instagram. The information an authorised trades person provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an Eligible Business, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
28. The Promoter is Velux Australia Pty Ltd (ABN 68 001 841 541) of 78 Henderson Road, Alexandria, NSW 2015.