28.The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a claimant or any other persons mobile device or computer related to, or resulting from, participating in this Promotion or the downloading of any materials related to this Promotion.
29.If there is an event beyond the Promoter’s control which causes an interruption to its processing or running of the Promotion, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion subject to any written direction from a regulatory authority.
30.Caution: any attempt to deliberately damage the Promoter’s promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws. Should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any cost in connection with any breach of these terms and conditions of entry or any other legal obligation of the entrant claimant, the claimant agrees to indemnify the Promoter for those lose damages and costs.
31.The Promoter will not be responsible for any incorrect, inaccurate, or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.
32.The Promoter reserves the right to reclaim the cashback from any Eligible Entrant if the relevant purchased Participating Product is returned after the claim has been processed and fulfilled (other than for warranty reasons). This clause does not limit or affect the Eligible Entrant’s rights with regards to warranties on the Participating Product either from the manufacturer or implied by legislation.
33.If for any reason this Promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, subject to any written directions from regulatory authority made under applicable state or territory legislation.
34.These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Consumer Guarantees Act 1993) or any other warranties (whether express or implied) under any legislation which cannot be excluded.
35.Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including for 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, 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 or discount 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; or d) any tax liability incurred by an Eligible Entrant.
36.
All claims and any copyright subsisting in the claims become and remain the property of the Promoter. The Promoter collects personal information about Eligible Entrants for the purpose of including Eligible Entrant in the Promotion. If the personal information requested is not provided, the Eligible Entrants may not participate in the Promotion. Submission of a Claim Form will result in the registration of the Classified as Internal purchased product and the Eligible Customer’s details with EHP but such information will not be used by EHP for marketing purposes unless the Eligible Customer provides express consent to receive marketing information from EHP. By participating in the Promotion and opting in at the point of registration, each Eligible Entrant acknowledges that a further purpose for collection of the Eligible Entrant’s personal information by the Promoter is to enable the Promoter to provide the Eligible Entrant with information about special offers and invitations. If an Eligible Entrant opts in to receiving direct marketing communications, from time to time, the Promoter may use the Eligible Entrant’s personal information to promote other services and products to the Eligible Entrant. An Eligible Entrant may also receive marketing communications from third parties such as the Promoter’s contractors’, agents, partners, and suppliers. An Eligible Entrant may be contacted by telephone, email, SMS, mail, social media, or other digital channels. An Eligible Entrant may notify the Promoter at any time that he/she no longer wishes to receive any of these marketing communications and opt out of receiving the same by responding via the channel through which the Eligible Entrant received marketing communication or by contacting the Promoter directly. Eligible Entrants may also gain access to, update or correct any personal information by contacting the Promoter via email at customercare@electrolux.com.au. All personal information will be stored at Bamboo Marketing of S4, L2, 63-73 Ann Steet, Surry Hills NSW 2010. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.
37.Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
38. LAY-BY-CLAUSE: Please note that only lay-bys that have been initiated within the Promotional Period and paid in full by the end of Promotional Period (and redeemed during the Redemption Period) are eligible for the cashback.
39.This Promotion is governed by, and construed in accordance with, the laws of New Zealand and by entering the Promotion, Eligible Entrants consent to the exclusive jurisdiction of the courts of New Zealand.