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Terms and Conditions - QLED TV competition

Terms and Conditions

1. Instructions on how to enter to win a Prize (defined below) form part of these terms and conditions ("Terms and Conditions"). Participation in this "Win a QLED Q8C TV" ("Promotion") is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer.
2. The Promotion is a game of skill for a Prize which may be won by an Eligible Entrant (defined below) who submits a winning Eligible Entry (defined below) in accordance with these Terms and Conditions.
3. The promoter is Samsung Electronics Australia Pty Ltd ABN 63 002 915 648 of 3 Murray Rose Avenue, Homebush Bay, NSW 2127 ("Promoter" or "Samsung").
4. The Promotion commences at 12:01am (AEST) on Wednesday, 15 March 2017 and closes at 9:00pm (AEDT) on Sunday 30 April 2017 ("Promotional Period").

1. For the purposes of these Terms and Conditions:
a) “Criteria” means being engaging and interesting;
b) "immediate family member" 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 first cousin;
c) "Prize" means one (1) Samsung Q8C QLED TV QA55Q8CAMWXXY valued at $4,699.00 (RRP); and
d) "$" is a reference to Australian Dollars.

1. Samsung collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Validity of an Eligible Entry is conditional on providing this information. Samsung may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending emails or sending a letter by post to an Eligible Entrant or the person who will share in the use of the Prize. Entrants acknowledge that the information they provide will be collected by or on behalf of Samsung and may be disclosed to other group companies and to third parties that help Samsung deliver its products and services (including suppliers, contractors, dealers, agents and business partners) or as required by law. Some of these parties may be located outside of Australia, including in Singapore, Korea and the Philippines. Entrants acknowledge that by giving consent to the disclosure of his/her personal information to the overseas recipients, Samsung will not have an obligation to take reasonable steps to ensure that these overseas recipients do not breach Australian privacy law in relation to that information. In particular, the entrant acknowledges that in providing their consent, Samsung will not be accountable under the Privacy Act 1988 (Cth) and entrants will not be able to seek redress under the Privacy Act 1988 (Cth). However, where practicable in the circumstances, Samsung will take reasonable steps to ensure that overseas recipients use and disclose such information in a manner consistent with Samsung’s privacy policy. Entrants should direct any request to access, update or correct information to the Samsung’s Privacy Officer at the details provided below. These Terms and Conditions are deemed to incorporate Samsung's privacy policy and by entering the Promotion (whether or not as an Eligible Entrant), each entrant accepts the terms and conditions of Samsung's privacy policy. For further details see https://www.samsung.com/au/info/privacy.html.
2. By participating in this Promotion, each entrant grants to the Promoter an irrevocable, indefinite licence to use any content provided in their entry (whether or not an Eligible Entry) anywhere in the world for promotional, marketing or publicity purposes, by the Promoter, without remuneration, fees or royalties of any type or description.

Eligibility and Entries
3. To be eligible to enter the Promotion, an entrant must, during the Promotional Period:
a) be a natural person (and not be a company, business, trust or organisation of any description) and an Australian resident with an Australian residential address, aged sixteen (16) years and over;
b) not be an employee of the Promoter or of any agency associated with this Promotion, or such an employee’s immediate family member;
c) sign up to www.samsung.com/au/qled/ to receive updates and provide an email, postal address and contact number;
d) in twenty-five (25) words or less, describe what 100% colour means to them in a way that satisfies the Criteria (“Answer”), (each eligible entry an "Eligible Entry" and each eligible entrant an "Eligible Entrant").
4. Each Eligible Entrant may submit one (1) Eligible Entry, and is eligible to win a maximum of one (1) Prize.
5. The Promoter may, in its absolute discretion, ignore any entry which it deems to be offensive or inappropriate, which includes or is suspected of including or breaching third party intellectual property rights, which is not the entrant’s original work, or which otherwise fails to comply with these Terms and Conditions.
6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (whether Eligible Entries and Eligible Entrants or not), and to disqualify any entrant who does not comply with these Terms and Conditions, who tampers with the entry process, or who is not otherwise an Eligible Entrant. Errors or omissions may be accepted in the Promoter's absolute discretion.

Judging and Prizes
7. All Answers will be compiled by the Promoter and will be reviewed within twenty-eight (28) days of the end of the Promotional Period, by a panel of judges comprising employees of the Promoter and/or employees of an agent of the Promoter (“Panel”).
8. The Eligible Entrants who submit the Eligible Entries that best satisfy the Criteria, as determined by the Panel in its absolute discretion, will win a Prize (“Winner”). One (1) Prize in total will be awarded.
9. The Winner will be notified within twenty-eight (28) days of the end of the Promotional Period of selection in accordance with clause 13, that they have been selected as a Winner via an email. The email will include further information in relation to claiming the Prize, and may, in the Promoter's discretion, request reasonable information to confirm the Winner's identity and their contact information. At any time during communication with a Winner or with an entrant (whether an Eligible Entrant or otherwise), the Promoter may reasonably request further information from that person.
10. The Promoter will organise for delivery of the Prize to a Winner via the postal address provided by that Winner to the Promoter, within 28 (twenty-eight) days of notification in accordance with clause 14.
11. If a Winner is not able to satisfy these Terms and Conditions, forfeits their Prize or fails to accept their Prize within fourteen (14) days of being notified in accordance with clause 14, then they will be deemed to have forfeited the Prize. If a Winner so forfeits a Prize, the Panel will meet to determine an Eligible Entrant who, in the Panel’s absolute discretion, submitted an Eligible Entry that best satisfies the Criteria out of the remaining Eligible Entries (“Second Chance Winner”). The Second Chance Winner will be notified that they have won a Prize in the same manner as the Winner was notified in accordance with clause 14. These Terms and Conditions apply to a Second Chance Winner as if they were a Winner.
12. It is the responsibility of a Winner or a Second Chance Winner (if any) to:
a) provide correct personal information in order to receive the Prize; and
b) to be available to receive the delivery of their Prize as organised and notified by the Promoter.
13. The Promoter accepts no responsibility should a Winner or a Second Chance Winner (if any) fail to be contacted by the Promoter or fail to receive their Prize, because of a failure to notify the Promoter of a change to, or error in, their personal contact details.
14. The Promoter accepts no responsibility for any variation in the value of any Prize. The Prize is not transferable or exchangeable and is not redeemable for cash. There is (1) Prize available, with a total value of $4,699.00.
15. If a Prize is unavailable, the Promoter, in its discretion, may substitute the Prize with a prize of equal or greater value and/or specification.
16. A Winner or a Second Chance Winner (if any) is responsible for all ancillary costs associated with the Prize and this Promotion, including, but not limited to, costs in connection with making the Eligible Entry and data and usage costs. The Prize does not include costs associated with connection to a telecommunications provider.
17. The Promoter's decision is final and no correspondence will be entered into.

18. 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 entrant (whether or not otherwise an Eligible Entrant); or (b) to modify, extend, suspend, terminate or cancel the Promotion, as appropriate.
19. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. Subject to clause 26, each entrant releases the Promoter (including their officers, employees and agents) from 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, 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 that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the value of a Prize to that stated in these Terms and Conditions; (e) any claim, loss, cost or expense in connection with a Prize or any tax liability incurred by an entrant or Eligible Entrant; or (f) any use of a Prize.
21. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's liability for breach of such a condition, warranty, other term or guarantee is limited (at the Promoter's election) to the extent it is able to do so: (a) in the case of supply of goods, the Promoter doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Promoter doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.
22. These Terms and Conditions are governed by the laws of New South Wales. Entrants submit to the non-exclusive jurisdiction of the courts of New South Wales.

Consumer Promotion support is available at:


Phone: 02 9356 7400