CIVIQ “DRINKING FOUNTAIN” PROMOTION TERMS AND CONDITIONS

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian pre, primary and secondary schools (“Eligible Schools”).

3. Employees (and their immediate families) of the Promoter, 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 1^st

4. Entries into the promotion open on 1 October 2024 and close at 11:59pm AEDT on 15 November 2024 (“Promotional Period”).

5. To be eligible to enter, authorised representatives on behalf of Eligible Schools must complete the following steps during the Promotional Period:

• Take a photo of the current school drinking fountain;
• Generate an augmented reality feature by following the prompts at one of the following URLS:
  • Aquafil Hydrobank: https://civiq.com.au/school-drinking-water-trough/aquafil-hydrobank/?ihconfig=0
  • Aquafil Pulse Junior 1200B: https://civiq.com.au/drinking-water-stations/aquafil-pulse-junior-1200b/?ihconfig=0
  • Aquafil Pulse Junior 1200BF: https://civiq.com.au/drinking-water-stations/aquafil-pulse-junior-1200bf/?ihconfig=0
  • Aquafil Pulse Senior 1400B: https://civiq.com.au/drinking-water-stations/aquafil-pulse-senior-1400b/?ihconfig=0
  • Aquafil Pulse Senior 1400BF: https://civiq.com.au/drinking-water-stations/aquafil-pulse-senior-1400bf/?ihconfig=0;
• Screenshot the augmented reality image;
• Visit https://civiq.com.au/h2o-heroes-2024 and locate the promotion entry form; and
• Upload both the before image and the augmented reality image, and answer in fifty (50) words or less why the Eligible School needs an upgrade to their water fountain.

6. In submitting their entry, Eligible Schools can select whether their prize preference of either the Hydrobank AQ-HYB3 and Pulse AQ-PS1400B/BF product or the AQ-PS1200B/BF product.

7. Multiple entries permitted per Eligible School, subject to the following: (a) each entry must be unique; and (b) each entry must be submitted separately and in accordance with the entry requirements.

8. The Promoter reserves the right, at any time, to verify the validity of entries and the Eligible Schools (including the identity of the authorised representatives) and reserves the right, in its sole discretion, to disqualify any Eligible School 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.

9. Incomplete or indecipherable entries will be deemed invalid.

10. If there is a dispute as to the identity of an Eligible School, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible School.

11. The judging will take place at 4 Dawn Fraser Avenue, Sydney Olympic Park, NSW 2127 on 22 November 2024. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible Eligible School. The winning Eligible Schools will be notified by email.

12. This is a game of skill and chance plays no part in determining the winning Eligible School. Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional prompt and the images submitted with the entry.

13. The Promoter’s decision is final and no correspondence will be entered into.

14. The best eight (8) valid entries, as determined by the judges, will each win the winning Eligible School’s choice of a Civiq drinking water station with selected artwork (as determined at the time of entry) and including delivery and installation, valued at up to $10,050.

15. Installation location within the winning Eligible Schools must be mutually agreed to by the winning Eligible School and the Promoter. The installation location must be where there is access to electricity and water and must replace a current drinking water station. If an agreement cannot be reached between the Promoter and a winning Eligible School, that winning Eligible School will forfeit the prize and no substitute will be offered.

16. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend, substitute or modify a prize.

17. If for any reason the winning Eligible School does not take / redeem the prize by 31 July 2025, then the prize will be forfeited.

18. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

19. Total prize pool value is up to $80,420.

20. Prize, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

21. Eligible Schools agree that they are fully responsible for any materials the authorised representatives 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. Eligible Schools warrant and agree that:

• 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;
• their Content shall not contain viruses or cause injury or harm to any person or entity;
• they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
• the Content is the original literary work of the authorised representative that does not infringe the rights of any third party;
• 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
• 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 Eligible School agrees to indemnify the Promoter for any breach of the above terms.

22. As a condition of entering this promotion, each Eligible School 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.

23. Eligible Schools consent to the Promoter using their name, likeness, image and/or voice in the event they are the winning Eligible School (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. Authorised representatives of the winning Eligible Schools agree to supply a picture of their installed drinking fountain and agree to collaborate on a case study with the Promoter.

24. 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 Eligible School; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

25. Any cost associated with accessing the promotional website is the Eligible School’s responsibility and is dependent on the Internet service provider used.

26. As a condition of accepting the prize, the winning Eligible School must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

27. 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 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.

28. 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 an Eligible School; or (f) use of the prize.

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 as set out in its Privacy Policy, which can be viewed at https://civiq.com.au/privacy-policy/. 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 Eligible School. The Privacy Policy also contains information about how Eligible Schools may opt out, access, update or correct their PI, how Eligible Schools 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. The Promoter will not disclose PI to any entity outside of Australia.

30. The Promoter is Civiq PTY LTD (ABN 35 626 744 367) of 4 Dawn Fraser Avenue, Sydney Olympic Park, NSW 2127.