• DELL TECHNOLOGIES WIN AN ULTRASHARP 34” CURVED MONITOR COMPETITION TERMS AND CONDITIONS
    1. The promoter of the “DELL TECHNOLOGIES COFFEE WITH DELL” competition (Competition) is Dell Australia Pty Limited of Unit 3, 14 Aquatic Drive, Frenchs Forest, NSW 2086, Australia (Promoter).
    2. Entry into the Competition constitutes acceptance of these terms and conditions and the Privacy Policy. All entry instructions and prize information published by the Promoter also form part of these terms and conditions.
    Competition dates
    3. The Competition commences at 11:00am AEST on 20 April 2021 and closes at 5:00pm AEST on 20 April 2021 (Competition Period).
    Qualifying Criteria
    4. Entry in the Competition is free and entries must be completed within the Competition Period. The Competition is open to individuals who meet the Eligibility Criteria (Eligible Entrants).
    5. To enter the Competition, you must meet the following criteria (Eligibility Criteria):
    1. a. you must be an Australian resident; and
    2. b. you must not be a director or employee of the Promoter or an immediate family member of a director or employee of the Promoter.
    6. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
    Entering the Competition
    7. Entry into the Competition must be undertaken during the Competition Period as follows:
    • a) To qualify for the competition, you must register and attend the DELL TECHNOLOGIES COFFEE WITH DELL WEBCAST- on 20 April 2021.
    • b) And complete the quiz questions after the live webcast.
    8. Each Eligible Entrant may only submit one Prize Entry. Any additional Prize Entries submitted after the first valid Prize Entry received by the Promoter will be invalid.
    9. The Promoter takes no responsibility for late, lost or misdirected Registration Forms or any delays or failures in any telecommunications services or equipment. Registration Forms will be deemed to be accepted at the time of receipt by the Promoter and not at the time of transmission. Incomplete, inaccurate, erroneous, ineligible or incomprehensive Registration Forms will be deemed invalid.
    10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and 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 entry 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.
    11. 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.
    Prizes
    12. There will be 1 prize / winner for:.
    Dell 34 Curved Video Conferencing Monitor (C3422WE) valued at AUD $1,043.71 (Including GST) based on Recommended Retail Price (RRP).
    13. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
    14. The Promoter accepts no responsibility for any tax implications that may arise from any winning of the prize and individuals entering the Competition should seek independent financial advice before entering the Competition.
    15. The stated value of the prize is correct at the commencement date of the Competition. The Promoter accepts no responsibility for any variation in value of the prizes or the individual components of the prizes. The prizes (whether in whole or in part) are non-transferrable, non-refundable and non-redeemable for cash or other goods or services, unless otherwise specified.
    16. If for any reason any element of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a similar prize of equal or greater value and/or specification will be awarded to the winning Eligible Entrant in lieu.
    Judging and prize draw
    17. While playing the Game, Entrants can earn points for:
    • a. Correct answer: +4 points
    • b. Give response to open-ended question provide during the live webcast.
    18. At the conclusion of the webcast, the total points amassed by each Participant who participated in the Game during the Webcast will be tabulated into a score (“Score”). The winner must have all questions correct and is deemed having provided the best answer to the open-ended question by the judges.
    19. Judging of the Competition will take place at Thinksmart Marketing Office (Level 34, 60 Margaret Street, Sydney, NSW 2000, Australia) by 5pm AEST on 21 April 2021. The panel will constitute of 3 independent judges.
    20. The winning Eligible Entrants will be notified in writing by the Promoter (or its agents) within 2 days of the judging of Prize Entries using the contact details provided in the Registration Form.
    21. In the event that a winner of the prize cannot be contacted or fails to accept the prize within 3 months, then the prize will be forfeited and the Promoter will allocate the prize to another Eligible Entrant whose Prize Entry is the next highest score (“Score”) and best response provided for the open-ended question.
    22. The winner must, if requested by the Promoter, verify their compliance with these Competition terms and conditions prior to receiving a prize. The required verification will be in a form determined by the Promoter in its absolute discretion. If the winner that does not comply with this clause they will forfeit their prize.
    Promotional and other obligations
    23. By entering the Competition, you agree that, in the event that your Prize Entry is selected as a winner of the prize referred to in these Competition terms and conditions, you will be available for reasonable publicity purposes related to the Competition and that (without limiting its rights), the Promoter may conduct interviews and take photographs to be used by the Promoter 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, as it deems necessary.
    Miscellaneous
    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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence) for any loss or damage whatsoever which is suffered by you (including, without limitation, indirect or consequential loss), or for personal injury suffered or sustained, as a result of you taking part in, winning or using any of the prizes, except for any liability which cannot be excluded by law.
    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; or (g) the use of a prize.
    26. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    b. their Content shall not contain viruses or cause injury or harm to any person or entity;
    c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    d. the Content is the original [artistic/literary] work of the entrant that does not infringe the rights of any third party;
    e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
    Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
    27. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
    28. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
    29. 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 and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI in accordance with the Privacy Policy on the on the Promoter’s website at www.dell.com/learn/au/en/aucorp1/policies-privacy. 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. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
    30. If for any reason the Competition is not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, prohibition by the relevant authorities or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to (a) disqualify any entrant; or (b) to cancel, terminate, modify or suspend the Competition as it sees fit. Any entry which is made as a result of tampering with the entry process will be invalid and not eligible for judging and/or any prizes.
    32. These Competition terms and conditions are to be construed in accordance with the law in New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.