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Terms and Conditions - Win with OZmist

OZMIST Social Media Promotion Terms and Conditions


  1. This competition (the “PROMOTION”) is conducted by OZMIST Pty Limited (“OZMIST  Pty Limited”) ABN: 13 096 811 488, 17-19 Muntz Street, Wangaratta, VIC 2113 (the “PROMOTER”).

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

  1. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the prize if they are a winner.

  1. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

  1. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are;
  1. permanent residents of Australia; and
  2. are over the age of 18; and
  3. are not employees of Marketing for KING CREATIVE MEDIA PTY LTD – OZMIST Pty Ltd,  and
  4. are not a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
  5. Owner or authorized representative of either a club, cafe, restaurant, pub that has an outdoor dining / bar area.

  1. Entry to the Promotion commences on 1st October 2015 and closes at 08:00hrs on 31st October 2015 (the “PROMOTION PERIOD”). All times and dates are in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24-hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.


  1. To enter the Promotion during the Entry Period outlined above an Entrant must:

    1. Go to The OZMIST Shopify store page at “CONTEST WEBSITE”); and
      1. fill in the required fields required to submit a valid entry
      2. Answer mandatory TRANSFORM competition question in 25 words or less.
      3. click on the ‘SUBMIT’ button

  1. An Entrant’s entry must not be:

  1. late;
  2. delayed;
  3. incomplete;
  4. incomprehensible;
  5. unlawful;
  6. obscene;
  7. defamatory;
  8. libellous;
  9. threatening;
  10. pornographic;
  11. harassing;
  12. hateful;
  13. racially or ethnically offensive;
  14. capable of encouraging conduct that would be considered a criminal offence;
  15. capable of violating any law; and/or
  16. capable of giving rise to civil liability.

  1. Individual competing submissions are limited to one single submission per account.

  1. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications services or equipment.

  1. The PROMOTER reserves himself the right to validate any submitted entries accordingly to the limitations.

  1. Entry via the Website is free, however, any costs associated with accessing the Website are the responsibility of the person seeking access and are dependent on the internet service provider used.  

  1. Entrants must make their Website entries manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that an entry has been made using automated entry means or by use of a computer entry service.

  1. Entrants accept to enter the OZMIST marketing email base when entering the PROMOTION.

  1. Should a winner’s contact details change at any time between the date that they enter the Promotion and 31st October 2015 that winner must notify the Promoter of their correct contact details immediately.

  1. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Entrant’s cost:

    1. hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
    2. allow the Promoter to inspect and copy any other documents the Promoter may request establishing eligibility to enter or win, including but not limited to evidence of age, residence and/or identity.

  1. The Promoter can decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a winner cannot provide suitable proof, that winner will forfeit their prize in whole and no substitute will be offered.

  1. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.

  1. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:

    1. fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
    2. fails to produce items as required by Condition 14 or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
    3. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
    4. has submitted an entry that is not in accordance with these Terms and Conditions.


  1. There will be a total of 1 prize winner; (the “PRIZE WINNER”) will be determined from all compliant & correct Entry Submissions received over the entire Promotion Period. These submissions will be also ranked by REFERRAL score.

  1. A “Winning entry” will be defined as following:
    1. Having completed all ‘quiz’ questions
    2. Have completed a satisfactory 25 words or less entry ‘REASON TO WIN’ to the ‘OZMIST OUTDOOR COOLING SYSTEM’ question
    3. Have submitted all correct personal details.

  1. There will be one major prize. The prize is:
    1. $4000 worth of OZMIST Cooling Systems.
    2. Eligible for a high pressure Static Line or Outdoor Cooling Fan based system.
    3. Freight to site will be included.
    4. The prize is only valid to a place of business that has an alfresco area including but not limited to: a cafe, restaurant, bar, pub or club.
    5. No installation is included in the prize.
    6. It is up to the winner to source their own installation, undertaken at their own cost.

  1. Attribution of these prizes will be made according to 22. and 23.

  1. The PROMOTER retains the right to attribute prizes according to the REASON TO WIN in a tie situation.

  1. The Prize Winners will be determined by the Promoter at 17-19 Muntz Street, Wangaratta, VIC 2113 by Wednesday 6th November 2015 (the “PRIZE DETERMINATION DATE”).

  1. The Promoter’s decisions are final and no correspondence will be entered into.  

  1. The Prize Winners will be notified by email within 2 days of the Prize Determination Date and will be published on the Facebook PROMOTION page.

  1. All entries received by the Promoter over the entire Promotion Period may be used for promotional purposes including by being displayed on the Facebook page.

  1. All reasonable attempts will be made to contact the Prize Winners. Subject, where relevant, to any legislation regulating the Promotion, if the prize remains unclaimed by the Prize Winners, unallocated or forfeited for any reason by 13:00hrs 20th November 2015, the prize will be re-allocated in an unclaimed major prize determination (the “UNCLAIMED PRIZE DETERMINATION”). The winner of the Unclaimed Prize Determination (also “WINNER”) will be determined by the Promoter at 17-19 Muntz Street, Wangaratta, VIC 2113 on 20th November 2015 at 14:00hrs. The winner of the Unclaimed Prize Determination will be notified by mail within 2 days of the Unclaimed Prize Determination.


  1. The prize winner will receive the following:
    1. An OZMIST outdoor cooling system valued at (RRP $A4000)

  1. The PROMOTER may select fully operational refurbished units as prizes for the PROMOTION


  1. All Prize values are correct as at Monday 28th September 2015 and are reflective of the Recommended Retail Price and are in Australian Dollars. The Promoter takes no responsibility for any variations in the Prize values.
  1. If any Prize (or part of any Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by any Winner or any other party if any Prize (or part of any Prize) is unavailable for any reason.

  1. Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.

  1. The Prize can be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow a Winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.

  1. Winners are advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.

  1. Once any Prize has left the Promoter’s/Supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, loss or damage to the Prize.


  1. The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.

  1. The Promotion is not sponsored, endorsed, administered by, or associated with, Facebook.

  1. Any questions, comments or complaints about the Promotion should be directed to the Promoter (not Facebook) at the address given in clause 1 of these Terms and Conditions.   

  1. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

  1. To the full extent permitted by the law, Facebook, the Promoter and its agencies and companies associated with the Promotion (the “RELEVANT PARTIES”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.

  1. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.

  1. Entrants may be given the opportunity to opt-in to receive future promotional, marketing and publicity materials. By opting-in, Entrants confirm that they allow their details such as their name, address, telephone number and email address to be used for this purpose. If Entrants no longer consent to their details being used for marketing purposes, the Entrant should contact the Promoter at their address set out in clause 1. Any request to update, modify or delete the Entrant’s details should be directed to the Promoter.

  1. The Winners acknowledge that the Prize may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, nor for the breach of those conditions by any person.

  1. Except for any liability which cannot be excluded by law, the Promoter:

    1. is not responsible for any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;

    1. is not responsible for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and

    1. is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or entrants’ details.

  1. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.

  1. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.

  1. All entries become the property of the Promoter.

  1. The Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at:


  1. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winners and to send Entrants marketing information where Entrants have consented.  Entrants’ personal information may be disclosed to marketing and communications agencies in order to conduct this Promotion. The personal information of each Winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, Prize suppliers and deliverers. Entrants can contact the Promoter by mail at 17-19 Muntz Street, Wangaratta, VIC 2113, to request access to, or corrections of, any of the personal information that the Promoter holds about them.