1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in the Consumer Cashback promotion ("the promotion") is deemed acceptance of these Terms and Conditions.
2. Entry into the consumer cash back component is only open to Australian residents.
3. Employees (and their immediate families) of the Promoter,participating stores and agencies associated with this promotion are ineligible. "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. Promotional Period commences at 12.01am on 8/04/13 and closes at 11.59pm on 01/07/13, or once 3,000 valid entries have been received, whichever is first to occur ("Promotional Period"). All times referred to throughout these Terms and Conditions will be AEST or AEDST, as and when applicable in NSW.
5. To be eligible to enter the cash back component, the individual must, during the Promotional Period, purchase any Motorola RAZR M (IMEI number commences with 35320305 that is a Telstra Version only. This can be identified by Telstra Logo on the box and the unique IMEI range) mobile hand phone device from a Telstra store or authorised Telstra dealer store ("Participating Stores").
6. To enter the cash back component, the entrant must within 10 NSW working days (i.e. excluding Saturday and Sunday) of purchase as detailed on their receipt, be one of the first 3,000, during the Promotional Period, to visit www.motorolacashback.com.au ("the Website"), follow the prompts to fill in the online claim form, and in accordance with the requirements, provide the following information: first name, last name, email address, phone number, postal address, store of purchase (including the State where the store is located), and IMEI number from the purchased mobile phone and the receipt number.
7. After the consumer has completed the online claim form, they must print it off, attach the original receipt recording the purchase, place both in an envelope, affix a postage stamp and send to ‘Motorola Promotion, PO Box 223
Brookvale NSW 2100’. Entrants must mail in their completed claim form so that it is received by mail within 10 NSW working days of completing their form online. For the avoidance of doubt, entries submitted by staff of a Participating Store on behalf of their customers will be deemed invalid.
8. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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. Entrants must retain a photocopy of their receipt as proof of sale. Failure to provide receipt(s) when requested may, in the absolute discretion of the Promoter, result in the entrant and all of their entries being deemed invalid.
9. Incomplete, indecipherable, or illegible entries will be deemed invalid.
10. Multiple entries permitted, subject to the following: (a) only one entry permitted per specified purchase; (b) the same IMEI number cannot be used more than once; and (c) each entry must be submitted separately and in accordance with entry requirements.
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.
Consumer cash back
12. The first 3,000 valid entries received by mail will be eligible to receive the prize of a $100 cash back. Cash backs awarded in the form of a cheque.
13. Winners of any prizes detailed in clause 12, will be notified by email, within 2 NSW business days of being confirmed as a winner of a cash back. Winners should allow up to 40 days to receive their cash back. Winners are requested to cash their cheques within 3 months of issue.
14. If for any reason a winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
15. 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.
16. For the purpose of the NSW, ACT & SA lottery departments, total potential prize pool is up to $300,000 in each State Group.
17. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
18. 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.
19. 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.
20. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
21. 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 State 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.
22. 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) the prizes.
23. As a condition of accepting the prize, a winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
24. 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, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
25. The Promoter is Motorola Mobility Australia Pty Ltd, ABN 86 139 208 361, Level 2, 789 Toorak Road, Hawthorne East, VIC, 3123. Telephone number: 03 9838 1400.
NSW Permit No. LTPS/13/ 2368 ACT Permit No. TP13/00978, SA Permit No. T13/480