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SHARP "BE SHARP BE ELITE"
GIFT OFFER 1.
To be eligible to
claim the promotional gift, claimants must purchase any new Sharp LCD TV
from the models detailed in clause 6, from any participating Australian
retail store (as defined in clause 10) during the promotional period (as
defined in clause 8). For the purpose of these Terms and conditions
'purchase' means payment in full for the specified product. The
Promoter is not responsible for ensuring deliveries of specified products
to the purchaser, nor for purchases that are late, lost or stolen. 2.
The Promoter will
honour claims for purchases of back ordered product, subject to all other
Terms and Conditions being met. Back
ordered product is where the purchaser has ordered and paid for the
specified model during the Promotional Period, but the manufacturer has
not delivered the product to the retailer by the close of the Promotional
Period. In the event of a
claimant waiting on a back order, the claimant must pay in full for their
specified model during the Promotional Period. Once the product has been
delivered to the claimant, the claimant must then claim the promotional
gift by following the steps outlined in clause 3 and 4. 3.
To claim the
promotional gift claimants must visit www.sharp.net.au,
follow the prompts to the promotional claim page, input the requested
details and submit the fully completed online claim form as detailed in
clause 4. At the time of submitting the claim, $25 is to be paid for
validation, shipping and handling of the gift redemption. Payment can only
be made via Mastercard, Visa or American Express credit cards. Card
details are to be provided on the claim form as part of the gift
redemption process. The charge will appear on the claimant's credit card
statement as "Sharp Corporation". 4.
Claims must be
submitted online within 14 days of the purchase of the specified product
being made and must be no later than 11:59pm AEDST on 14th January 2010.
All back order claims must be submitted online by 11:59 AEDST on 14th
February 2010. Further extensions for back ordered products may be
granted, at the sole discretion of the Promoter. Claimants must have all
details required for the online claim form including full name, postal
address, valid email address, the purchased product's model and serial
number, store and date of purchase, valid retailer purchase receipt and
credit card details for payment of the $25 validation, shipping and
handling fee prior to submitting the online claim form. After successfully
submitting the online claim form, claimants will receive an email from the
Promoter confirming that the claim form has been received, and which will
include a unique code tracking number for future tracking of the claim
("Confirmation Email"). 5.
Once the online
claim form has been submitted claimants will be instructed online to print
a copy of their completed claim, attach a legible photocopy (not the
original) of the retailer purchase receipt for the specified product, and
post it to "Be Sharp Be Elite" Gift Offer, Locked Bag 90, North Ryde
NSW 1670 for validation. Purchase receipt(s) must clearly specify the
store of purchase and that the purchase was made during the Promotional
Period but prior to the claim. Completed claim forms and copies of
purchase receipts must be received by the Promoter within 14 days of
online claim submissions, and no later than last mail on 28th
January 2010. Back order claims must be received by last mail 28th
February 2010. Further extensions for back ordered products may be
granted, at the sole discretion of the Promoter. The Promoter accepts no
responsibility for late, lost or misdirected mail. All claims must be
completed by the actual purchaser of the specified product. Claims or
registrations by any other person will not be accepted. Claimants must
retain their original purchase receipts for all claims as proof of
purchase should it be required. Failure to produce the proof of purchase
for all claims when requested under these Terms and Conditions may, in the
absolute discretion of the Promoter, result in invalidation of all of a
claimant's claims and forfeiture of any right to a gift. 6.
Specified products
are the following Sharp LCD TV models:
7.
Information on how
to claim form part of these Terms and Conditions. Participation in this
promotion is deemed acceptance of these Terms and Conditions. This offer
is not valid in conjunction with any other offers. 8.
Gift Offer
commences on 1st October 2009 and closes at 11:59pm
AEDST on 31st December 2009 ("Promotional Period"). 9.
Claim is open to
all Australian residents with access to a valid Australian credit card.
Employees (and their immediate families) of the Promoter, participating
retailers and agencies associated with this promotion are eligible to
claim, provided that they purchase a new specified product in accordance
with clauses 10 and 11 below. 10. Participating retailers are identified by the presence of promotional material for this Gift Offer at the point of sale (shop), or as listed in advertising material (such as press, TV or catalogue). The promotion excludes the purchase of any refurbished product or the purchase of specified products directly from the Promoter (Sharp or Sharp Direct), through Commercial or Business-to-Business transactions, any online discounter, online bidding or auction websites (for example www.ebay.com.au), or otherwise purchased through non-participating retailers (such as, but not limited to, The Good Guys, David Jones, Myers, Dick Smith Electronics, Powerhouse stores, Big W, Kmart, Target) - ("Excluded Transactions"). The promotion includes the purchase of specified products through online sales conducted by a participating retailer that also has a physical sales outlet (shop front). The Promoter at its sole discretion shall have the right to refuse any claim for any Excluded Transaction. 11.
The Promoter
reserve the right, at any time, to verify the validity of any claim and
claimant's details (including a claimant's identity, age, place of
residence and any other information related to the purchase of specified
product) and to disqualify any entrant who submits a claim that is not in
accordance with these Terms and Conditions or who tampers with the claim
process. Failure by the
Promoter to enforce any of its rights at any stage does not constitute a
waiver of those rights. 12.
Multiple claims per
individual are permitted, subject to the following: (a) only one (1) claim
permitted per specified product purchase; and (b) each claim must be
submitted separately and in accordance with claim requirements. 13.
Incomplete,
indecipherable or illegible claims will be deemed invalid. The Promoter
accepts no responsibility for claims not processed or declined claims due
to incomplete, indecipherable, illegible or incorrect information or
payment details. 14.
If this offer is
interfered with in any way or is not capable of being conducted as
anticipated due to any reason beyond the reasonable control of the
Promoter, the Promoter reserves the right, in its sole discretion, to the
fullest extent permitted by law (a) to disqualify any claimant; or (b) to
modify, suspend, terminate or cancel the offer, as appropriate. In the
event of fraudulent claims, the Promoter reserves the right to provide the
information of the claimants to law enforcement authorities for further
investigation. 15.
Upon validation of
the claim by the Promoter, if the claim has been determined invalid, the
Promoter reserves the right to withhold an amount of $10 from the
validation, shipping and handling fee, for administration charges related
to invalid claims (in this case the remaining $15 will be refunded to the
claimant), or the full $25 validation, shipping and handling fee for
administration charges related to fraudulent claims. 16.
The Promoter's
decision is final on all matters in this Promotion and no correspondence
will be entered into. 17.
All
claimants who submit a valid claim in accordance with these Terms and
Conditions will receive an Xbox 360 Elite game console, including four (4)
games (titles to be determined by the Promoter in its absolute
discretion), valued at $749 (as at Sept 2009). Only one (1) remote is
provided with the Xbox 360 Elite Console. The value of the gift offer is a
guide only and was correct at the time of printing. The Promoter accepts
no responsibility for any discrepancy in gift offer value. 18.
If a claimant has
received an Xbox 360 Elite through this promotion and requires customer
support, troubleshooting assistance or has an enquiry relating to the
warranty of the Xbox 360 Elite, they are to contact Microsoft 19.
Claimants should
allow at least 30 days from the date their claim form and copy of purchase
receipt is received by the Promoter, to receive their gift offer Xbox 360
Elite. Progress of their claim can be obtained from the Promoter's
website www.sharp.net.au, by
following the prompts to the promotion page and logging on using the
provided unique code tracking number and claimant's surname. Claimants
will be advised at what stage the processing of their claim is at, and
will include information up to and including despatch and delivery. 20.
The Promoter shall
not be responsible for any delays in supply of the gift to the claimant as
a result of the failure by the supplier of the Xbox 360 Elite to supply
the required number of units within the time specified to the Promoter.
The Promoter shall additionally not be responsible for any delays caused
as a result of inbound transportation or disruptions (including but not
limited to strikes, weather, postage delays etc) caused by events which
are beyond the control of the Promoter and/or the supplier of the gift. 21.
The Promoter
reserves the right to reclaim from any claimant, the gift, if the
initially purchased specified product is returned to the retailer for
refund or exchange. This clause does not limit or affect the claimant's
rights with regards to warranties on the specified product either from the
manufacturer or implied by legislation. 22.
If the specified
gift is unavailable, the Promoter, in its absolute discretion, reserves
the right to substitute the gift with another gift to the equal value
and/or specification. 23.
The gift or
alternative gift is not transferable or exchangeable and cannot be taken
as cash. 24.
Any cost associated
with accessing the Promoter's website for the purpose of registering a
claim is the claimant's responsibility and is dependent on the internet
service provider used. The Promoter makes no guarantee of the availability
of its web services and will not be held responsible for interruption of
service that may interfere with the ability to participate in the
promotion. The use of any automated claim software or any other mechanical or
electronic means that allows a claimant to automatically claim repeatedly
is prohibited and will render all claims submitted by that claimant
invalid. 25.
Except for any
liability that cannot be excluded by law, the Promoter (including its
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 offer, 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 claim, purchase
documentation or gift 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 gift
value to that stated in these Terms and Conditions; (e) any tax liability
incurred by a claimant; or (f) use of the gift. 26.
Certain legislation
may imply warranties or conditions or impose obligations upon the Promoter
which cannot be excluded, restricted or modified or cannot be excluded,
restricted or modified except to a limited extent. These Terms and
Conditions must be read subject to those statutory provisions and will not
affect any statutory rights that a claimant may have in relation to the
return of a specified product. 27.
The Promoter
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, gift suppliers
and as required, to Australian regulatory authorities. Validity of a claim
is conditional on providing this information. The Promoter may, for an
indefinite period unless otherwise advised, use the information for
promotional, marketing and publicity purposes, including sending
electronic messages or telephoning the claimant. Claimants should direct
any request to access, update or correct information to the Promoter. All
claims become the property of the Promoter. For further details see Sharp
Corporation's privacy policy at www.sharp.net.au. 28.
The Promoter is
Sharp Corporation of Australia Pty Ltd (ABN 40 003 039 405) of |
