“WIN BACK YOUR INVOICE COST – CONSUMER PROMOTION 2019/20 AUS”
terms and conditions
1. In accordance with these Terms, eligible entrants (You, Your or Eligible Entrant) may qualify to receive an entry for a chance to win back the cost of their MHIAA Air-Conditioning unit including installation costs (Prize).
2. By entering the promotion, you are agreeing to the following Terms and Conditions (Terms).
3. This promotion has been authorised by the following permits:
- Authorised under NSW Permit No. LTPS/19/39083
- Authorised under ACT Permit No. ACT TP 19/04435
- Authorised under SA Permit No. T19/1754
4. Definitions used in these Terms:
- Claim Period means the period between 00:01 AEDT on 1 November 2019 and 16:59 AEDT on 18 February 2020.
- Eligible Product means any of the Promoter’s products listed on mhiaa.com.au/summer and in the Schedule of these Terms.
- Participating Dealers/Outlets means any dealers and outlets that have opted to participate in the promotion and who are stockists of Eligible Products located in Australia. A list of Participating Dealers/Outlets can be located on ‘Where to Buy’ page on the MHIAA website.
- Promotermeans Mitsubishi Heavy Industries Air-Conditioners Australia, Pty. Ltd. (ABN 92 133 980 275) of Block E 391 Park Road, Regents Park, NSW 2143.
- Promoter’s Agentmeans Hachiko Pty Ltd (ABN 16 159 809 257) of 111A Union Street, McMahons Point NSW 2060.
- Prize means the prize to be won as set out in clause 25.
- Prize Draw means the prize draw conducted in accordance with clauses 34 and 35.
- Prize Winner means a winner of a Prize as determined by clause 35.
- Purchase of an Eligible Product means the full payment of the Eligible Product with no balance owing.
- Purchase and Installation of an Eligible Product means the full payment of the price of the Eligible product and the applicable installation costs with no balance owing.
- Purchase Period means the period between 00:01 AEDT on 1 November 2019 and 23.59 AEDT 14 February 2020.
5. The Promoter’s Agent may be tasked by the Promoter in relation to the validation and approval of all entries submitted in this promotion and in relation to fulfilment of the Prize offered in this promotion. By participating in this promotion, you agree to receive correspondence from the Promoter’s Agent.
6. Information on how to enter, details of the Prize and the promotion form part of these Terms. Participation in this promotion is deemed acceptance of these Terms.
7. The Entrant is responsible for ensuring his or her familiarity with the Terms at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to a claimant or not) does not constitute a waiver of that restriction or of the Terms in general.
8. All Entrants acknowledge that the Promoter can rely on these Terms even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded the Prize to the ineligible person. Return of the Prize to the Promoter may be required by the Promoter if this occurs.
9. The Promoter’s decision in relation to any aspect of these Terms and the promotion is final and binding on every person who enters. No correspondence will be entered into with respect to the decision.
10. The Promoter reserves the right, in its sole discretion, to disqualify any individual deemed by the Promoter to have breached any of these Terms or engaged in unlawful or improper misconduct compromising the fair and just running of the promotion.
11. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
WHO CAN PARTICIPATE
12. The promotion is only open to Australian residents aged 18 years or older who meet the entry requirements detailed in these Terms, excluding:
- management, employees, directors and contractors of the Promoter, its related entities, the Participating Outlets and other agencies, firms or companies associated with the promotion;
- persons or organisations who make the purchase in the name of a trust, company, business, or commercial or residential developers, builders, subcontractors, installers, resellers or real estate agents, or any other person or organisation who makes the purchase for business purposes;
- a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 12(a)-(b) of these Terms (whether a biological relation or not);
- persons who have breached the terms and conditions of any other promotion run by or on behalf of the Promoter,
HOW TO ENTER THE COMPETITION
13. To enter the promotion and receive one entry in the Prize Draw, an Eligible Claimant must:
a. Purchase an Eligible Product from a Participating Dealer/Outlet during the Purchase Period; and
b. During the Claim Period, fully complete and submit the Entry Form available online (https://mhiaa.com.au/summer/enter-the-draw/) and provide the following information:
c. all details requested by the Promoter, including but not limited to, their first name, surname, contact phone number, home (residential) address and email address;
d. installation address of the Eligible Product purchased (if applicable);
e. the outdoor model and serial number of the Eligible Product purchased (if the serial number is not shown on the Tax Invoice, refer to the Claim website for details on how to find the serial number on the unit); Any claims submitted without a valid serial number will be declined;
f. the name of the Participating Dealer/Outlet where the Eligible Product was purchased;
g. a scan or photograph of a tax invoice(s) clearly showing:
A. zero balance owing on the Purchase or Purchase and Installation of the Eligible Product/s (whichever is applicable)
B. the Eligible Entrant’s full name;
C. the installation address,
D. the model of an Eligible Product purchased;
E.the store of purchase
F. the date of purchase; and
G. if applicable, the name of the installer (company or individual)
For the avoidance of doubt, Tax Invoices and/or Proof of Purchase not containing the above information will be invalid and will not be entered into the Prize Draw. Duplicate tax invoices will be rejected.
(Proof of Purchase)
14. Multiple entries are permitted. Multiple units are permitted up to 6 units on the drop down. For the avoidance of doubt, each Tax Invoice for the Purchase or Purchase and Installation of one or more Eligible Products will entitle Eligible Entrants to one entry into the Prize Draw provided that the Eligible Entrant has complied with these Terms, including, but not limited to clause 13.
15. Purchase or Purchase and Installation of the Eligible Product(s) must be for domestic and residential use only, and not for non-residential, industrial or business use. Tax Invoices for the Purchase or Purchase and Installation of the Eligible Product(s) for non-residential use will be deemed invalid for the purpose of clause 13 and will not result in a valid entry into the Prize Draw.
16. This promotion is subject to stock availability of the Eligible Products. Whilst the Promoter will use best endeavours to maintain stock levels, if an Eligible Product is not available for purchase, other alternatives will be offered where possible, but cannot be guaranteed.
17. The Promoter may, during the Promotional Period, add any additional products to the list of Eligible Products.
VERIFICATION OF WINNING ENTRIES
18. Eligible Entrants must retain their original Tax Invoice (Proof of Purchase) which corresponds to the Entry they submit in the promotion.
19. To verify the validity of the entry(s) and the Eligible Entrant’s identity, age, place of residence and eligibility to enter, the Promoter reserves the right to request, at any time, additional information to be supplied including but not limited to:
- appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the promotion;
- their Proof of Purchase that corresponds to all entries they have submitted for the ‘Win Back Your Invoice Cost’ promotion; and
- a proof of the Entrant’s identity, a proof of property ownership by the Claimant, a proof of payment and a proof of Eligible Product installation.
- Photographs of the outdoor unit’s compliance plate that clearly identifies the unit’s model and serial number.
20. If the items requested by the Promoter are not received or an Eligible Entrant has not been verified to the satisfaction of the Promoter within the time period reasonably required by the Promoter, any entry submitted by the Eligible Entrant may be deemed invalid and will be declined.
21. Only entries made by the Eligible Entrants in their own name will be accepted. Entries submitted by any person other than the Eligible Entrant including but not limited to installers, resellers, property management agents, family members, friends or any other person or organization whether on their own behalf or on behalf of the Eligible Entrant will be considered invalid and will be declined.
22. If more than one person attempts to submit an Entry for the same Eligible Product detailed in the Proof of Purchase, the Promoter has the right, at its sole and absolute discretion, to determine which of those persons is the legitimate claimant.
23. The Promoter reserves the right, in its sole and absolute discretion, to disqualify any individual who the Promoter has reason to believe has tampered with the entry process. Errors and omissions may be accepted at the Promoter’s discretion.
24. Late, incomplete, fraudulent, falsified, indecipherable, discriminatory or otherwise offensive entries will be deemed invalid and may be disqualified.
PRIZE & PRIZE ALLOCATION
25. Subject to these Terms, each Prize Winner will receive the following Prize:
- A refund by way of EFT into the Prize Winner’s nominated bank account of their invoiced costs (up to $12,000.00AUD including GST per entry) for their Purchase or Purchase and Installation (whichever is applicable) of the Eligible Product(s) as listed on the Entry Form/Tax Invoice that was drawn as a winner in the Prize Draw.
- For the avoidance of doubt, each Prize awarded will be the lower of:
- The actual amount shown on the Tax Invoice that forms part of the winning entry; and
- $12,000.00AUD including GST.
No Prize awarded will exceed $12,000.00 AUD including GST.
26. There are a total of 40 Prizes to be won. The total national prize pool is up to $480,000.00AUD including GST.
27. By completing and submitting the Entry Form, the Eligible Entrant agrees to be entered into the Prize Draw to win the Prize.
28. For the avoidance of doubt, each Entry Form submitted in accordance with clause 13 will gain one (1) entry to the Prize Draw.
29. The Prize or any portion thereof, is not transferrable unless otherwise stated or agreed by the Promoter. No compensation will be offered if winner Prize Winner is unable to take the Prize as stated.
30. The Promoter will not be responsible for any taxes that may be incurred by the Prize Winner as a result of having been awarded the Prize.
31. The Prize is only paid in Australian dollars (AUD) via Electronic Funds Transfer (EFT) to the account nominated by the Eligible Entrant.
32. For the avoidance of doubt, the value of the Prize will not include any additional items listed on the Tax Invoice submitted with the Entry Forms by the Eligible Entrants (being items other than the costs for the Purchase or Purchase and Installation of the Eligible Product).
33. Winners should allow approximately four (4) weeks from the Prize Draw for the EFT to be actioned by the Promoter. The timeframe for the EFT may be longer if the Promoter experiences difficulties in validating the Entry Form of the winner(s) pursuant to clause 38. This estimated timeframe is subject to the requirements of the Promoter’s and winner’s banking institutions.
THE PRIZE DRAW AND JUDGING PROCESS
34. The Prize Draw will take place at Handling Matters, Unit 40, 1-5 Thew Parade, Cromer NSW 2099 on 20 February 2020 at 11:00AM AEST and will be scrutinised by an independent scrutineer (Draw Date)
35. The first 40 valid entries drawn by computer-generated random selection will each win one Prize.
36. The Prize Winners will be notified by phone and/or email within 4 business days of the Draw Date.
37. The Prize Winners’ names will be published on the MHIAA’s website mhiaa.com.au/summer/ as well as on the MHIAA’s social media profiles in Facebook and Instagram and the Australian Newspaper on 3 March 2020.
38. All winning entries will be validated and approved by the Promoter or the Promoter’s Agent following the Prize Draw and prior to a Prize being awarded. The Promoter reserves the right to request additional information from the winners, including, but not limited to any information required to be provided by the winners pursuant to clause 13.
39. Any invalid entries will be void and be deemed ‘unclaimed’ for the purpose of clause 42.
40. Following the Prize Draw, the Promoter will also contact the Prize Winners in order to obtain their bank account details and other details reasonably be required by the Promoter in order to award the Prize.
41.The Prize Winners must ensure that all details provided for the payment of the Prize are correct. The Prize Winners are responsible for providing full and accurate bank details and the Promoter will not be responsible for any errors resulted from the Winner(s) providing incorrect bank details.
42. If for any reason, a Prize Winner does not claim their Prize, or fails to provide a Proof of Purchase or any other information reasonably required by the Promoter in accordance with clauses 38, 40 and 41 above within 90 days from the Draw Date; the Prize will be forfeited and a redraw will be conducted on 28 May 2020 at 11:00 AM AEST at Handling Matters, Unit 40, 1-5 Thew Parade, Cromer NSW 2099 to determine a valid Prize Winner. The valid prize winner will be notified by phone and/or email within 2 business days of the redraw and upon acceptance of the prize, their details published on MHIAA’s website mhiaa.com.au/summer/ as well as on the MHIAA’s social media profiles in Facebook and Instagram and the Australian Newspaper on 4 June 2020.
LIABILITY AND RELEASE
43. Your entry into the competition, confirms that you own all necessary rights to provide the intellectual property constituting your entry.
44. As a condition of entering the competition, you hereby grant the Promoter, its suppliers and their affiliates irrevocable, royalty-free rights to reproduce, modify and republish any material created as a result of entry into the competition, including but not limited to your competition entry, photographs, sound recordings and video recordings and acknowledge you will not be entitled to any fee for such use.
45. Nothing in these Terms 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.
46. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or Instagram and the Prize Winner fully releases and indemnifies Facebook and/or Instagram from any liability.
47. Any costs associated with accessing the Promoter’s website or submitting a Claim Form are the claimant’s sole responsibility.
48. The Promoter is not responsible for any technical difficulties associated with submitting the Claim Form that are outside of the Promoter’s control.
49. The Promoter accepts no responsibility for any Claim Forms not received for any reason during the Claim Period. No responsibility will be taken for lost, late or misdirected Claim Forms.
50. The use of any automated software or any other mechanical or electronic means that allows a claimant to automatically submit Claim Forms is prohibited and will render all claims from the claimant invalid.
51. Incomplete, ineligible, indecipherable or incorrect claims will be deemed invalid.
52. Claims are deemed to be received at the time of receipt into the Promoter’s database, not time of transmission by the claimant.
53. If, for any reason, the promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Incentive, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, including cancelling, terminating, modifying or suspending the promotion.
54. Any claimant who, in the opinion of the Promoter, breaches any of these Terms and Conditions, tampers or interferes with the claim process in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the promotion, or who does not properly comply with the claim process, will be deemed ineligible and as such won’t be able to enter the competition for the Prize. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
55. All customer enquiries, including assistance in completing the Entry Form, are to be directed to 1800 229 408 or firstname.lastname@example.org.
- Promoter, the Promoter’s Agent, the Promoter’s related entities, the Participating Outlets and all agencies associated with the promotion; and
- Employees, agents, directors and contractors, shall not be liable for any loss or claim, taxes, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the promotion, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
57. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
58. All information Claimants provide (Personal Information) to the Promoter will be held in accordance with the Privacy Act. The Promoter reserves the right to disclose Personal Information to its contractors and agents to assist in conducting this promotion, including the Promoter’s Agent
59. Personal Information collected during the promotion may be used by the Promoter for direct marketing purposes.
61. Should the claimant’s Personal Information change during the Claim Period, it is the Claimant’s responsibility to notify the Promoter via phone 1800 229 408 or email email@example.com.
62. The Promoter is bound by the Australian Privacy Principles in the Privacy Act as well as any other applicable laws.
Eligible Product List
|Product Series||SET Model No||Indoor Unit Model No||Outdoor Unit Model No||Capacity|
|WALL MOUNTED SPLIT SYSTEMS|
|Avanti® Cool Only||SRK10YSA-W-Set||SRK10YSA-W||SRC10YSA-W||2.5kW|
|Avanti PLUS® series||SRK20ZSXA-W-Set||SRK20ZSXA-W||SRC20ZSXA-W||2.0kW|
|Bronte® Cool Only||SRK24YRA-W-Set||SRK24YRA-W||SRC24YRA-W||7.1kW|
|KX Ducted Systems|
|1:1 KX Combination Ducted||FDU90KXE6F/FDC112KXEN6-Set||FDU90KXE6F||FDC112KXEN6||11.2kW|