Win a Sealy for life promotion
“WIN A SEALY FOR LIFE” PROMOTION TERMS AND CONDITIONS
1. Information on how to enter and the prizes 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 Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, Participating Retailers (as defined below) 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. Entries into the promotion open at 9:00am AEST 02/09/2019 and close at 5:00pm AEST on 31/10/2019 (“Promotional Period”).
5. To be eligible to receive an automatic entry into the promotion, individuals must purchase a Sealy mattress or ensemble from a participating retailer during the Promotional Period (“Qualifying Purchase”). A participating retailer is any retailer that stocks Sealy mattresses and or ensembles and displays advertising material for this promotion (“Participating Retailer”).
6. To enter the Qualifying Purchase, individuals are required to register their warranty on the Sealy of Australia website or submit an instore entry form providing their full name and phone number. These details along with the unique barcode of their purchased mattress will then be used to automatically enter the individual into the draw.
7. Multiple entries per individual are permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase; and (b) each entry must be submitted separately and in accordance with the entry requirements in these terms and conditions.
8. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the Participating Retailer of purchase and that the purchase was made during the Promotional Period but prior to entry.
9. 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.
10. 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.
11. There is one (1) draw conducted from all entries received during the Promotional Period (“Major Draw”). Entries close at 5:00pm AEST 5:00pm AEST (QLD time) on 31/10/19. The draw will take place at Trade Promotions and Lotteries Pty Ltd, Level 2, 11 York Street, Sydney NSW 2000, in the presence of an independent scrutineer, at 10:00am AEST/AEDST (as the case requires in Sydney, NSW) on 25/11/19. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified in writing no later than 7/12/19 of the relevant draw and published at https://www.sealy.com.au from 14/12/19. In the event the Major Draw winner is from SA their name will also be published in The Advertiser on 14/12/2019.
12. The Promoter’s decision is final and no correspondence will be entered into. The first valid entry drawn in the Major Draw will win the full refund of the winner’s initial purchase price of a Sealy mattress or ensemble up to a maximum amount of $10,000, plus the winner’s choice of either: 1. a cash sum equal to 4 times the value of the Sealy mattress or ensemble purchased, up the total prize pool value, to be nominated by the winner on or before 4 December, 2019; or 2.any number of Sealy mattresses or Sealy ensembles of a retail value of up to the total prize pool value, to be nominated by the winner on or before 4 December 2019; or 3.If either of options 1 or 2 are not nominated by the winner or before 31 January, 2020, on the 10th, 20th, 30th and 40th anniversaries of the Prize Draw, the winner will receive a new Sealy mattress or ensemble (4 mattresses or 4 ensembles in total, excluding the initial purchase) of the winner’s choice up to a maximum retail value of $10,000.00
13. If the winner elects prize option 3, the prize is only claimable by the winner and is not transferrable or able to be substituted in cash, including transfer or substitution to the winner’s heirs or successors in the event of the winner’s death or incapacity.
14. The Promoter is not responsible for the winner’s selection and/or comfort choice of any mattresses or ensembles as part of the prize, but will honour the Promoter’s product guarantee in relation to mattresses or ensembles supplied to the winner as part of the prize.
15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 17.If any prize (or part of any 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 $50,000.
19. A draw for any unclaimed prizes may take place on 28/02/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. This pirze will consist of a cash prize to the value of 5 times the value of the Sealy mattress or ensemble purchased up to the total prize pool value. Winners, if any, will be notified in writing within two (2) business days of the draw and published at https://www.sealy.com.au from 02/03/2020. In the event an unclaimed prize is the Major Prize and the winner is drawn from SA their name will be published in The Advertiser on 11/03/2018.
20. 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.
21. 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.
22. 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 2010, 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.
23. 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 of a prize.
25. The Promoter is Madad Pty Ltd (Inc. in QLD) trading as Sealy of Australia (ABN 57 009 678 344) of 1299 Boundary Road, Wacol QLD 4076, telephone 07 3331 5372. NSW Permit No. LTPS/19/37320 ACT Permit No. TP19/04014 SA Permit No. T19/1394
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