Exceptionally Exquisite Luxury Bedroom Makeover Competition

“LUXURY BEDROOM MAKEOVER” PROMOTION TERMS AND CONDITIONS

Please Note - ERROR ON POSTERS – an amount appeared on promotional posters and the front of entry forms incorrectly referring to the Stylesmith designer services and advice as being $12,3000, instead of $12,300. As the total prize pool has always been promoted as $15,000 and the correct amount is referred to in the full terms and conditions, Sealy believes this error is obvious but corrects it for the sake of completeness and to remove any doubt. 

 

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter is Madad Pty Ltd, trading as Sealy of Australia (ABN 57 009 678 344) of 1299 Boundary Road, Brisbane, QLD 4076, telephone (07) 3331 5372 (“Promoter”).
  3. Entry is only open to Australian residents aged 18 years or over.
  4. Employees (and their immediate families) of the Promoter, participating stores 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.
  5. Promotion commences on 01/08/2016 and final entries close at close of business on 30/10/2016 (“Promotional Period”).
  6. To enter, individuals must complete the following steps during the Promotional Period:
    • a) purchase any Sealy Posturepedic mattress (excluding Sealy Posturepedic single mattresses) from a participating store. A participating store will be any store that displays material advertising this promotion during the Promotional Period, including but not limited to Harvey Norman, Myer, David Jones, Forty Winks, Domayne, Bedshed, and select independent stores. Individuals will then be provided with an official entry form a member of staff (“Entry Form”); and then
    • b) complete the Entry Form with all of the requested details (including their full name, mobile telephone number, residential address, and a valid email address), and then place the fully completed Entry Form in the entry box on display in that store.
  7. Incomplete, illegible or indecipherable entries will be deemed invalid.
  8. Only one (1) entry is permitted per person.
  9. Entrants must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant’s entry and forfeiture of any right to a prize. The purchase receipt must clearly specify the store of purchase and that an eligible Sealy Posturepedic mattress was purchased during the Promotional Period but prior to entry.
  10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’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 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.
  11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  12. The draw will take place at Anisimoff Legal, Erina Plaza, 210 The Central Coast Highway, Erina, NSW 2250 at 2:00pm AEDST on 11/11/2016. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. 
  13. The winner will be notified by telephone and email within two (2) business days of the draw and their name will be published online at www.sealy.com.au/about-sealy/competitions from 21/11/2016.
  14. The Promoter’s decision is final and no correspondence will be entered into.
  15. The first valid entry drawn will win the opportunity to have a The Stylesmith interior designer style/makeover their master bedroom. Total prize value is up to $15,000 and includes $2,700 toward services of The Stylesmith interior designer and up to $12,300 toward furniture and decorative pieces. The Stylesmith interior designer will: (a) visit the winner’s residence for a consultation, where they will discuss the winner’s vision for the room; (b) go on a shopping trip, which the winner will also have the opportunity to accompany the designer on, to purchase furniture and decorative pieces for the room (with the exact pieces purchased ultimately up to the winner’s discretion, subject to the specified budget); and (c) style the room and arrange furniture and decorative pieces as needed. In the event the cost of the requested room makeover is less than the allocated budget, the remaining balance will be forfeited and will not be redeemable for, or awarded as, cash. If the cost of the requested room makeover is more than the allocated budget, then the winner will be requested to pay the difference, or alternatively the winner may choose a selection of product(s) within the allocated budget. The makeover/styling of the room must be completed within 6 months of the winner accepting the prize. In the event that the winner fails to attend and participate in a consultation and/or fails to select or approve furniture and other decorative pieces in line with the reasonable instructions of the Promoter’s representative, the prize will be forfeited by that winner in its entirety. If the winner rents their house/townhouse/apartment, the winner must obtain consent from their landlord before the room makeover may commence, and must provide written proof of such consent on request. In addition, if the winner does not own their house/townhouse/apartment, the winner may alternatively nominate a friend or family member’s master bedroom to be made over, subject to the consent of that friend/family member and approval of the Promoter.
  16. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or part of the prize) by the time stipulated by the Promoter, then the prize (or that part of the prize) will be forfeited.
  17. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  18. Total prize pool value is up to $15,000.
  19. The prize, or any unused portion of the prize, is not transferable or exchangeable (except as provided for under condition 15 of these terms and conditions) and cannot be taken as cash.
  20. A draw for the prize, if unclaimed, may take place on 07/02/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by email within two (2) business days of the unclaimed prize draw and their name will be published online at www.sealy.com.au/about-sealy/competitions from 21/02/2017.
  21. Entrants 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.
  22. 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; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  24. 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.
  25. 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 a winner or entrant; or (f) taking/use of the prize, including the selection of any part or all of the prize that is subject to the winner’s personal choice.
  26. 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 http://www.sealy.com.au/privacy. 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 entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants 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 will not disclose entrant’s personal information to any entity outside of Australia.