HearingLife $25 Coles Myer Gift Card ‘Refer A Friend’ Promotion

TERMS AND CONDITIONS

  1. Information on how to redeem the offer form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Offer is only available to Australian residents aged 26 years or over. Employees (and their immediate families) of the Promoter, Participating HearingLife Clinics 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, step-sister or 1st cousin.
  3. A Participating HearingLife Clinic is any HearingLife Clinic operating in Australia (except TAS and NT).
  4. For the purposes of these Terms and Conditions, ‘Offer’ means the $25 Coles Group & Myer Gift Card “Refer a Friend” promotion.
  5. For the purposes of these Terms and Conditions, ‘Offer Period’ means the period commencing at 9.00am AEST time on 17 June 2016 and expiring at 5.00pm AEDST on 31 December 2017, unless the Offer is withdrawn as outlined in Clause 12.
  6. This Offer is available to:
    1. Referring Clients; and
    2. any person referred to a Participating HearingLife Clinic by a Referring Client such as a friend or relative, who is an Australian resident (except TAS and NT) aged 26 years or over (Referred Person).
  7. For the avoidance of doubt, a Referred Person must not be a Referring Client
  8. A Referred Person will be entitled to receive one (1) Coles Group & Myer Gift Card valued at $25 during the Offer Period if they:
    1. contact HearingLife in respect of the Offer
    2. subsequently book and attend an appointment within 60 days of the Referring Client receiving their voucher
    3. present the completed voucher with Referring Client’s full name, phone number and address at their appointment.
  9. If a Referred Person satisfies the requirements under Clause 8, the Referring Client whose name was quoted on the voucher will be entitled to one (1) Coles Group & Myer Gift Card valued at $25.
  10. There is no limit to the number of people that a Referring Client can refer to a Participating HearingLife Clinic and who subsequently become Referred Clients.
  11. The Promoter reserves the right, at any time, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. The Promoter reserves the right to suspend or withdraw all or any part of this Offer for any reason and at any time; and/or
    1. vary the terms or content of all or any part of this Offer including (without limitation) any time or date in this Offer and these Terms and Conditions.
    2. The Promoter may not provide a Gift Card to a Referring Client or Referred Client who has not fully complied with these Terms and Conditions; and
    3. To the extent permitted by law The Promoter will not be liable to any person for any cost, loss, damage, liability, expense or claim arising, whether directly or indirectly, in connection with the Offer including the Gift Card.
  12. 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.
  13. The Promoter will not provide a Gift Card to a Referring Client or a Referred Client
    1. until the Referred Client has booked and attended an appointment within 60 days of the Referring Client receiving their voucher as outlined in Clause 8
    2. if the Referring Client or Referred Client, as the case may be, is in breach of these Terms and Conditions in any way.
  14. Once a Referring Client or a Referred Client becomes entitled to a Gift Card from The Promoter in accordance with these Terms and Conditions, The Promoter will send one (1) Coles Group & Myer Gift Card valued at $25 by registered post to that Referring Client and the Referred Client at the address provided on the voucher within 30 days from the date of the Referred Client’s appointment.
  15. If The Promoter cannot offer the Gift Card due to events beyond its reasonable control, it will contact a Referring Client or a Referred Client and offer a reasonably comparable substitute to the Gift Card.
  16. Gift Card will not be replaced by The Promoter if it is damaged, lost or stolen.
  17. The use of Gift Cards by Referring Customers and Referred Customers is subject to conditions and exclusions issued by Coles Group. For Gift Card full Terms of Use visit www.giftcards.com.au or phone 1300 304 990.
  18. The Gift Card is valid for 2 years from the date of issue. Referring Clients or Referred Clients can check the expiry date of their Gift Card in-store at a service desk, by visiting www.giftcards.com.au or phoning 1300 304 990.
  19. As at the date of these Terms and Conditions, the Gift Card is redeemable at Myer, Target, Baby Target, Target Country, Kmart, Kmart Tyre & Auto, Coles Supermarkets, Coles Express, Coles Central, BI_LO, Liquorland, Vintage Cellars, 1st Choice Liquor Superstore and Officeworks.
  20. Any ancillary costs associated with redeeming a voucher/gift card are not included. Any unused balance of the voucher/gift card will not be awarded as cash.
  21. Referring Clients and Referred Clients consent to the Promoter using their name, likeness, image and/or voice (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.
  22. 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 individual; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  23. Any cost associated with accessing the promotional website is the Referring Client’s and Referred Client’s responsibility and is dependent on the Internet service provider used.
  24. 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”). 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.
  25. 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) use of the prize.
  26. Personal information is being collected in order to administer the promotion. By participating in the promotion, the entrant acknowledges that a further primary purpose for collection of the entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the entrant has provided their details for. The Promoter may share information with the Promoter Parties (being related entities, contractors, agents and suppliers]) who may also contact the entrant with special offers in this way. By entering the promotion, the entrant acknowledges and agrees that the Promoter may use the entrant’s personal information in the manner set out in these Terms & Conditions. Entry is condition on the provision of the requested information.
  27. The Referring Client or Referred Client can request access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at privacy@hearinglife.com.au. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained at http://hearinglife.com.au/privacy-policy/ .The Privacy Policy contains details about how individuals can complain about the Promoter’s treatment of personal information and how those complaints will be handled. Personal information may be disclosed overseas for limited purposes – please see Privacy Policy for details.
  28. The Promoter is Sonic Innovations (ABN 86 007 608 460) of 3 Unley Road, Parkside SA 5063. Telephone: 08 8373 5740.