1. The Terms are an agreement between you as entrant into the promotion, and Flooring Xtra Pty Ltd trading as Flooring Xtra (“FX”).
2. By participating in the promotion relating to the purchase of products from the Urban Instinct range (“the promotion/competition”) as advertised, and clicking the box “I have read and agree to the Terms & Conditions” on the FX website, you confirm that you have read and agreed to the Terms.
3. The Terms and Conditions include FX’s terms as displayed on its website at www.flooringxtra.com.au
5. The promotion commences 16/06/2017 and ends at 11:59pm AEST on 13/08/2017 (“Promotional Period”).
6. This promotion is only open to Australian residents who are 18 years or older at the time of the entry into the competition with a Domestic Residence “eligible entrant”).
7. A Domestic Residences is defined as and is limited to homes, flats, town houses and apartments within the country of Australia.
8. All entrants must be the sole or joint registered proprietor of the Domestic Residence for which the submission has been made. Further, the entrant must reside at the Domestic Residence as his or her principal place of residence. Rental properties are not eligible for the promotion.
9. Eligibility does not extend to:
a) Employees, employee’s immediate family members or directors of FX and/or any of its related parties or associated entities; or to
b) Employees, employee’s immediate family members, directors of or shareholders in any FX franchise; or to
c) Flooring installation contractors contracted by FX or any of its related companies or subsidiaries, nor to the said contractor’s immediate family members.
10. The term “immediate family members” in clause 9 includes 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 or step-sister.
11. Entries are limited to one entry per person per Domestic Residence.
12. FX reserves the right to verify the validity of any entry and/or entrants into the competition (including but not limited to an entrant’s identity, age, place and ownership of residence) and to disqualify any entrant who submits an entry that in FX’s view is not in accordance with the Terms or who tampers with the entry process or otherwise acts in a way that FX deems not be in good faith.
13. Failure by FX to enforce any of its rights at any stage does not constitute a waiver of those rights.
14. Incomplete, illegible, indecipherable or inappropriate entries will be deemed invalid.
15. To be eligible to participate in the promotion, you must place an order and pay a deposit for a minimum order of 36sqm of any of the 4 products in the Urban Instinct wool ranges (Copenhagen, Oslo, Riga or Stockholm) (“eligible products”), in one transaction at any participating physical store during the Promotional Period with a confirmed installation date on or prior to 30 September 2017.
16. Any prize won as part of the promotion (“the Prize”) will only be provided to you once payment is made in full by you for the eligible product and the eligible product has been installed at the Domestic Residence.
17. To participate in the promotion, you must go to www.flooringxtra.com.au/competitions and complete the appropriate form and agree to the Terms. Once FX has confirmed that the order has been placed and that the store where the order has been placed is a participating store, you will be deemed to have entered into the competition.
18. FX reserves the right to vary the Terms at any time, and in its sole discretion without notice to you.
19. Any time limit given by FX for any obligation that FX must perform is an estimate only.
20. The winner of the competition will be determined by FX on 25/08/2017.
21. The winner will be notified by telephone and in writing within two business days of 25/08/2017 and will be published on FX’s website and its Instagram and Facebook pages.
22. If you do not comply with the Terms, or if FX is unable to reach you for a period of 7 days after using its reasonable endeavours to do so, or if you are unavailable for prize fulfilment, you agree that you will forfeit the Prize and FX may select an alternate winner in its sole discretion. Further, if FX reasonably suspects that you are in breach of the terms or have infringed any third parity’s; rights, it reserves the right to disqualify you from the competition without notice.
23. You acknowledge that the winner will be chosen by a panel appointed by FX who will determine the winner of the competition in their absolute sole discretion.
24. The Prize is a travel package for two adults to Oslo and Tromso including return economy airfares to Oslo, 5-day Tour to Tromso to view northern lights and 2 nights’ accommodation in Oslo. The entire travel period must be completed in the 2017 calendar year. The Prize is not redeemable for cash, it is non-assignable and non-transferable. No substitution will be allowed. If the Prize cannot be provided for reasons beyond FX’s control, then FX reserves the right to provide an alternative prize to you.
25. FX reserves the right to cancel the promotion at any time without notice.
26. FX is not responsible for incomplete, lost, late, misdirected entries or the failure to receive entries of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with the sender or receiver of the entries.
28. You consent to FX or its agents accessing the domestic residence to capture before and after photos to show the transformation. These photos will also be subject to the above clause (27).
29. You agree to act in good faith at all times in relation to the terms and the competition.
30. By entering into the competition, you warrant that you are an eligible entrant.
31. You are liable for any costs incurred by you in entering info the terms.
32. You acknowledge and agree that FX is not liable for any loss or consequential loss that may be suffered by you in any way in connection with the terms or the Prize, and you agree to indemnify FX in relation to any loss or consequential losses that you may suffer as a result of FX breaching the Terms, and/ or in relation to any loss, injury, death, or any other financial damage that you may suffer or incur in any way associated with the Prize.
33. The total maximum value of the Prize is $10,000 AUD.
34. You are responsible for paying all additional or ancillary costs associated with the Prize, including (where applicable) but not limited to any upgrades, travel costs to and from the points of departure, travel insurance, accommodation, any excess baggage, meals, all taxes, levies and surcharges and any other travel related expenses that are not paid for by FX, transport, additional flights, transfers, meal costs, insurance, passport and visa requirements and all other incidentals.
35. Both passengers using the Prize must be booked onto the same trip on the same booking.
36. Except as the Terms specifically state, or as contained in any express warranty provided by FX, the Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Prize or any contractual remedy to you.
37. Nothing in these Terms restricts, limits or modifies your rights or remedies that you may have against FX for failure of a statutory guarantee under the Australian Consumer Law.
38. If a clause in the Terms is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
39. You acknowledges that you have not relied on any advice, recommendation, information or assistance provided by FX in relation to the Prize other than what is contained in the Terms, and that you have not made known, either expressly or by implication, to FX any purpose for which you require the Prize and that you have the sole responsibility of satisfying itself that the Prize is suitable for your use and purposes. You further acknowledge and agree that it is your responsibility to ensure that you have any valid passports, visas and re-entry permits which meet the relevant immigration and government authority requirements and any insurances.
40. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
41. The Terms are governed by the laws of the State of Victoria and you agree that Victorian Courts shall have sole jurisdiction to hear any dispute in relation to the Terms.