Official Laghetto Pool Giveaway Competition Rules

The Promoter is FLUIDRA GROUP AUSTRALIA Pty Ltd (ABN: 87 002 641 965) (“Promotor”) of 219 Woodpark Road, Smithfield NSW 2164 Australia. By entering this competition, you accept and agree to these Official Rules as well as the decisions of FLUIDRA GROUP AUSTRALIA ("Promoter").

PROMOTION PERIOD

Promotion commences on 26 Jan 2022 and ends at 11:59pm AEST on 28 Feb 2022 (“Promotional Period”). Entries must be received by the Promoter prior to the competition close date and time.

The winners will be announced on Baracuda Australia’s Facebook page (https://www.facebook.com/BaracudaAustralia) and Instagram page (https://www.instagram.com/baracuda_au/) within 2 weeks after the promotion ends and notified by email or direct message sent from Baracuda Australia.

ELIGIBILITY

1. Entry is only open to legal Australian residents currently residing in 1) Sydney Metro, or 2) Melbourne Metro, or 3) Sunshine Coast, Brisbane, Gold Coast regions who are homeowners aged 18 years or over. Entrants must submit an entry in accordance with these Terms and Conditions.
2. Employees (and their immediate families) of the Promoter 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, stepsister or 1st cousin.

HOW TO ENTER

To enter, the Entrant must: 

• During the promotion period, 1) Like the Instagram campaign post and follow Baracuda Australia Instagram account www.instagram.com/baracuda_au, and 2) Comment below the campaign post “What would owning a Laghetto Pool mean to you and your family?” along with their postcode, OR
• During the promotion period, submit the answer to the question “What would owning a Laghetto Pool mean to you and your family?” along with their email and postcode via the Lead Advert on Facebook or Instagram. 

1. Only one (1) entry per household is permitted in this promotion.
2. Entrants may only enter in their own name/Facebook/Instagram account. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid. 
3. The content submitted must not be indecent or obscene or contain pornography or material of a sexual or other inappropriate nature or show illicit drugs or represent Baracuda Australia in a false or negative light. Any objectionable entry may be rejected (at the sole discretion of the Promoter but subject to State and Territory legislation). Photos that are copyrighted cannot be submitted unless you have permission from the photographer/owner. Photos including names or images of third parties may only be submitted with the prior approval of that third party. Photos cannot be returned. By entering this competition entrants agree and understand that their written entries and/or photos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph.
4. The Promoter 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 entries process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion; or any individual that fails to comply pool installation requirements and regulations after they are selected as a potential winner. 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. 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.

WINNER SELECTION & PRIZE

1. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on a combination of literary and originality. The promotion will be judged by a panel of judges appointed by the Promoter. The judges’ decision is final and no correspondence will be entered into. The winner will be notified by email or via social media (exact method of notification being in Promoter’s sole discretion) and will be required to respond if contacted via social media to confirm identity and provide their email address as well as proof of residential address. If potential winner cannot be contacted by Promoter for any reason or does not respond within 72 hours, or if potential winner is determined to be ineligible or otherwise not in compliance with these Official Rules, will result in disqualification of potential winner and prize forfeiture. If disqualified, an alternate winner may be selected from among all remaining eligible entries received. Total one (1) winner will be selected based on the above judging criteria.

2. By entering this competition entrants agree to use our approved installation service provider/certifier for the council approval and pool installation process. 

3. The Promoter will be responsible for Prize shipment to the winner. Actual delivery date is dependent on when the approval is obtained from the local council for the new pool installation. The approval process generally takes 4-8 weeks to complete. The Prize will only be delivered to the winner’s residential address once the site has been adequately prepared and once council has approved the application to install a new pool. 

4. Fluidra is responsible for the site preparation and installation of the Prize and ensures that the pool installation is completed according to relevant Australian Standards. Site preparation will generally involve pouring a concrete slab large enough to accommodate the 2 x 4M pool and the running of power to the location. Fluidra will contribute up to a maximum of AUD$5,000 towards the site preparation and electrical services. Any additional costs for site preparation and electrical services will be the responsibility of the prize winner. The Fluidra appointed certifier will be responsible for the safety inspection and signing off the pool fencing. Fluidra will NOT be responsible for engaging the pool fence contractor or ensuring that the pool fence meets regulations.

5. The Promoter has full discrepancy of schedule when the pool will be installed.

6. The Winner agrees to comply with ALL Pool Safety Laws and Regulations as applicable to their respective States. Any other permits or subdivision requirements unless outlined above will be paid and handled by the winner. All State, local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded is the sole responsibility of the winner.

7. The Promoter is also not responsible for the limitations posed by any land that is too small for a pool to be installed.

8. There will be no exchanges or trade for other pool or spa equipment if the winner doesn't want the pool or already has a pool.

9. 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.

10. The Promoter and their associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, or misdirected mail.

CONDITIONS OF PARTICIPATION

1. If, for any reason, this competition is not capable of being conducted as planned, including, but not limited, due to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers with the entries process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to State Legislation.
2. 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.
3. If the pool installation is delayed for longer than 6 months by reasons that are the potential winner’s own responsibility, this will result in disqualification of potential winner and prize forfeiture.
4. By entering this competition entrants agree to allow the Promoter to document and film the installation process of the Prize and utilise it for training purposes or to further distribute the content for promotional purposes to Baracuda Australia’s marketing channels.
5. 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.
6. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
7. 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”). 
8. 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 death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion or use of any prize.
9. As a condition of accepting a prize, the winners (and their companion) 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.
10. 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. Entries are conditional on providing this PI. PI collected in this promotion will be disclosed to FLUIDRA GROUP AUSTRALIA Pty Ltd. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.zodiac.com.au/privacy-policy. 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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
11. The Promoter has identified the following email as its contact person regarding this promotion. Fluidra Digital Team: AU.DigitalMarketing@fluidra.com
12. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and Instagram. Facebook/Instagram membership and the use of Facebook/Instagram generally are subject to the Facebook/Instagram prevailing terms and conditions of use available at www.facebook.com and www.instagram.com. Entrants understand that they are providing their information to the Promoter and not to Facebook/Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook/Instagram. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook/Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook/Instagram. If an entrant submits data to Promoter through a Lead Advert, such data will be governed by Promoter’s privacy policy.