The Promoter is FLUIDRA GROUP AUSTRALIA Pty Ltd (ABN: 87 002 641 965) (“Promotor”) of 1 Herbert Place, 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 5 September 2023 and ends at 11:59pm AEST on 1 December 2023 (“Promotional Period”). Entries must be received by the Promoter prior to the competition close date and time. The winners will be announced on MagnaPool Australia’s Facebook Page (https://www.facebook.com/magnapoolaustralia) and displayed on the website four (4) days after the promotion has ended. 

ELIGIBILITY

Entry is only open to legal Australian residents currently residing in Australia who are aged 18 years or over. Entrants must submit an entry in accordance with these Terms and Conditions.

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

1. To enter, individuals must complete the following steps during the Promotional Period: 

a) Visit MagnaPool’s Facebook page - https://www.facebook.com/magnapoolaustralia to view the weekly competitions.                                                                            b) Follow the instructions for the post to enter in the draw to win the prize/s.                                                                                                                                                            c) Like and Share the post 

2.  Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per competition post and (b) each entry must be submitted separately and in accordance with entry requirements.

3. Entrants may only enter in their own name/Facebook/Instagram account. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid. 

4. 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 MagnaPool 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.

5. 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. 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.

6. Incomplete or indecipherable entries will be deemed invalid.

WINNER SELECTION & PRIZES

1. This is a game of skill and chance plays no part in determining the winners. 

There will be ten (10) draws conducted for this promotion (“Weekly Draws”). Subject to the starting and closing time of the Promotional Period, entries into each Weekly Draw will close at 11.59pm AEST on the dates specified in the table below. 

Each Weekly Draw will take place at Fluidra Australia Pty Ltd - 1 Herbert Place, Smithfield NSW 2164 at 11:00am AEST, with the first Weekly Draw taking place on 29/09/23 and the last Weekly Draw taking place on 01/12/23. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draws. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winners will be notified by social media and then subsequently by email within seven (7) business days and their name will be published online at https://www.magnapool.com/magnapools-10th-anniversary on the date specified in the table below.

If a 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, this will result in disqualification of potential winner and prize forfeiture. If disqualified, an alternate winner may at the promoter’s discretion be selected from among all remaining eligible entries received. 

2. The Promoter’s decision is final and no correspondence will be entered into.

3. Prize will be delivered to the winner’s nominated address/email address within 4 weeks after the winner has been announced.

4. 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. 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 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.

4. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

5. 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”).

6. 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.

7. 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

8. 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.magnapool.com/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.

9. The Promoter has identified the following email as its contact person regarding this promotion.
Fluidra Digital Team: AU.DigitalMarketing@fluidra.com 

10. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook 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.