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Synergy Elfie Selfie Competition

Synergy Elfie Selfie Competition 

Terms and Conditions

1. The “Synergy Elfie Selfie Competition” (the Competition) is a competition run by Electricity Generation and Retail Corporation (trading as Synergy) (ABN 58 673 830 106) (Synergy) on and subject to these terms and conditions.  Submission of an entry is deemed acceptance of the Terms. To the maximum extent permitted by law, Synergy’s decision is final and no correspondence will be entered into in relation to any dispute or other matter arising in relation to the Competition.

2. Subject to clause 3, entry is open to Western Australian residents who have a Facebook account and are following Synergy on Facebook (Eligible Entrant).  Eligible Entrants under 16 years of age must have parental or guardian consent to enter the Competition. 

3. Employees of, and contractors engaged by, Synergy, including their immediate families, are not eligible to enter the Competition and if such an entry is submitted, it will not be valid.

4. The Competition commences at 4:00pm (WST) on Friday 15 November 2019 and entries close and must be received by 11:59pm (WST) on Sunday 15 December 2019 (Competition Period). 

5. An entry is deemed to be received at the time it’s received by Synergy and not at the time of transmission by the Eligible Entrant. 

6. To enter the Competition, Eligible Entrants must during the Competition Period:

a. get a photo with the Synergy Elf at any at any of the following selected locations or events on the specified day during the indicated times;

1. Lights for Lifeline Christmas Tree, Yagan Square on Friday 15 November between 5.30pm and 8.30pm; 
2. Made on the Left Christmas Market, Esplanade Park Fremantle on Saturday 16 November between 12pm and 3pm; 
3. Rotary Jacaranda Festival, Ardross Street Applecross on Saturday 23 November between 11am and 2pm;
4. Lights for Lifeline Christmas Tree, Yagan Square on Friday 29 November between 5pm and 9pm;
5. Lights for Lifeline Christmas Tree, Yagan Square in celebration of Pride on Saturday 30 November between 6pm and 10pm;
6. Inglewood Night Markets, Inglewood on Monday 2 December between 6pm and 9pm;
7. UWA Christmas Concert, University of Western Australia on Friday 6 December between 6pm and 9pm;
8. Rockingham Christmas Festival, Churchill Park Rockingham Foreshore on Saturday 7 December between 5pm and 9pm
9. Lights for Lifeline Christmas Tree, Yagan Square in celebration of the Christmas Pageant on Saturday 7 December between 5pm and 9pm or 
10. Scarborough Night Markets, Scarborough Beach on Thursday 12 December between 5pm and 9pm;

b. log into their Facebook account; and  
c. upload the photo of themselves and the Synergy Elf to Synergy’s Facebook page with the hashtag #synergyelf   (Eligible Entry).  

7. Only one Eligible Entry will be accepted for each Eligible Entrant and the first Eligible Entry received will be considered their official entry. All other Eligible Entries will be deemed invalid.

8. Incomplete, infringing, indecipherable, illegal or offensive entries will be deemed invalid and then removed from Synergy's Facebook page. Entries that feature any corporate advertising material or messages (other than Synergy) will be disqualified and the post removed from Synergy's Facebook page. 

9. The prize is a Christmas gift card gift pack containing 1 x $100 Coles Myer gift card, 1 x $100 JB Hi-Fi gift card and, 1 x $100 Bunnings gift card (the Prize). The Prize is valued at $300. There will be 3 Prizes in total to be won. The total prize pool value is $900. 

10. Three Eligible Entrants will be determined as winners and awarded the Prize each based on the quality of their Eligible Entry post as judged by Synergy in its sole discretion at around 12:00pm (WST) on Monday 16 December at Synergy’s office at 228 Adelaide Terrace, Perth WA 6000.  

11. The Prize must be taken "as offered" and cannot be varied, extended, transferred or exchanged for cash.

12. If the Prize is unavailable for any reason, Synergy reserves the right to offer a substitute prize of equivalent value and you agree to accept that substitute prize.

13. Each winner will be notified by Facebook Messenger after the determination of the winners.   Synergy will require appropriate contact details from the winner in order to provide the Prize.  The winner can either collect the Prize from Synergy at 219 St George Tce, Perth or receive the Prize by standard mail.  

14. The winner will forfeit the Prize if the winner

a. does not respond within 48 hours from the message being sent by Synergy through Facebook Messenger confirming they have won; or
b. elects to collect the Prize from Synergy and has not done so by Friday 20 December 2019.    

15. Synergy accepts no responsibility for a Prize being damaged or lost in transit. Synergy is unable to replace the Prize.  

16. To the maximum extent permitted by law, Synergy’s decision regarding the determination or eligible entries and winners, and the conduct of the Competition is final and no correspondence will be entered into in relation to any dispute or other matter arising in relation to the Competition.

17. The Competition is a game of skill and chance plays no part in the determination of winners.  Each Eligible Entry will be individually judged according to its merits on the basis of originally, creativity and festive spirit. Synergy’s decision is final and no correspondence will be entered into.

18. Any additional products or services not included in the Prize, but required by a winner, will need to be arranged and paid for by that winner.  

19. Each entry submitted as part of the Competition (Work) becomes the property of Synergy.  As a condition of entry, each entrant irrevocably grants to Synergy an non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including, without limitation, copyright) in and to the Work and consents to Synergy doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of an entrant’s moral rights. 

20. Each entrant warrants to Synergy that the Work submitted is an original work of the entrant which does not infringe any rights of any third party.  A breach of these warranties will result in the entrant’s entry being invalid.  In addition, each entrant indemnified Synergy against all loss, damages and costs incurred by Synergy arising from that entrant’s breach of these warranties. 

21. All entrants agree to participate and co-operate as required in editorial activities relating to the Competition, including but not limited to being interviewed and photographed. Each winner consents to Synergy using the Eligible Entrant’s Work, name, likeness, image and voice (including photograph, film and recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting the Competition (including any outcome), Synergy and the products or services or both supplied by Synergy.  Each winner agrees they will not, and will ensure that their companions do not sell or otherwise provide their story and photographs to any media other organisation without Synergy’s consent.  

22. Synergy accepts no responsibility for any late, lost, incomplete, misdirected, incorrectly submitted, delayed or ineligible entries, applications, claims or correspondence whether due to error, omission, alteration, tampering, theft, deletion, destruction, transmission, interruption, communications failure or otherwise.  Synergy has no control over the postal system, internet, telecommunications networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

23. None of Synergy and its associated agencies and companies are liable to any winner or any other person in any way (including but not limited to liability for negligence) for any loss, expense, damage or injury which is suffered or sustained (whether or not arising from any negligence) in connection with all or any of the promotion, the Competition or acceptance, transportation, delivery or use of the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum liability allowable by law).

24. Any queries or complaints regarding the Prize and its terms of use, including any validity period within which it must be used or where it can be used, must be directed to the relevant issuer of the gift card and not Synergy. 

25. If for any reason beyond the reasonable control of Synergy, the Competition is not capable of being conducted as reasonably anticipated, Synergy reserves the right, in its sole discretion, to:

a. disqualify any Eligible Entrant; or
b. cancel, terminate, suspend or modify the Competition, subject to the approval of the Gaming and Wagering Competition (WA) or other relevant authority (if required).
26. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Eligible Entrants completely release Facebook from any and all liability in connection with the Competition. 

27. Nothing in these terms and conditions excludes, restricts or modifies the rights of any person or entity as a “consumer” under the Australian Consumer Law (or any other statutory rights) to the extent the law does not allow them to be excluded, restricted or modified.

28. The information entrants provide will be used by Synergy for the purpose of and relating to conducting the Competition and otherwise in accordance with Synergy’s Privacy Policy and Collection of Information Statement (available at synergy.net.au). Without limitation, Synergy may disclose entrants’ personal information to relevant suppliers, contractors and agents for or in relation to any of those purposes and to State and Territory regulatory bodies and winners’ names may be published, as required, under the relevant legislation and as set out in the Terms. Synergy’s marketing activities are subject to the Australian Privacy Principles in the Privacy Act 1988 (Cth).

29. Synergy reserves the right to change the duration of the Competition at any time with the prior written approval of the Gaming and Wagering Commission (WA) (if required).

30. The Competition is governed by and to be interpreted in accordance with the laws of Western Australia.