Terms and Conditions - Shape the Future of the RØDECaster Pro II Promotion

"Promotion"

Shape the Future of the R0DECaster Pro II Promotion

"Promotional Period"

This Promotion commences at 03:00pm AEST on Monday, 15 August 2022 and concludes at 03:00pm AEST on Friday, 26 August 2022.

"Eligible Entrants"

Participation in the Promotion is limited to persons who are, insofar as is the case for the duration of the Promotional Period:

a. completed the survey and form on final page located at:

https://rode.com/en/support/shape-the-future-of-the-rodecaster-pro-ii#heyflow-shape-the-future-rcpii ("Signup Form").

"Entry/ies"

Eligible Entrants are limited to a maximum of one (1) Entry during the Promotional Period. There is no entry fee and no purchase necessary to enter.

No Entries will be accepted after 03:00pm AEST on Friday, 26 August 2022.

At the conclusion of the Promotion, one (1) Eligible Entrant will be selected and identified as a winning entry ("Winning Entry").

There will be a grand total of one (1) Winning Entry

"Prize"

Each Winning Entry will receive the following prize pack ("Prize Pack"):

RØDECaster Pro II | Qty. 1 | Value (AUD, RRP) $1,199.00

RØDECover 2 | Qty. 1 | Value (AUD, RRP) $79.00

PodMic | Qty. 4 | Value (AUD, RRP) $716.00

PSA1+ | Qty. 4 | Value (AUD, RRP) $836.00

6m XLR Cable (0330-0004-01) | Qty. 4 | Value (AUD, RRP) $24.00

NTH-100 Over-Ear Headphones | Qty. 4 | Value (AUD, RRP) $996.00

Total: The total prize pool is valued at AUD$2,449.00.

The Prize is as stated, and no cash or other alternatives will be offered. Any unused portion of the prize is not transferable or exchangeable and cannot be taken as cash.

The Prize is not transferable and are subject to availability. The Promoter reserves the right to substitute any prize with another of equivalent value without giving notice.

"Prize Determination"

Entries will be individually judged by representatives of the Promoter (in the Promoter's sole and absolute discretion) by 3:00pm AEST Friday, 2 September 2022 at the Promoter's premises in accordance with the Terms and Conditions.

Entries will be judged based on the most creative submission for the question "In 25 words or less, what is your favourite feature on the R0DECaster Pro II and why?" on page four (4) of the Signup Form ("Judging Criteria").

The judges' decision in relation to any aspect of the Promotion will be final and binding on every person who enters, and no correspondence will be entered into. Chance plays no part in determining the Winning Entry.

The Eligible Entrant who is selected as a Winning Entry will be a prize winner ("Prize Winner").

For the avoidance of doubt, there will be a maximum of one (1) Prize Winner.

The Promoter reserves the right, at its sole and absolute discretion, to deem any Entry as irregular, and disqualify such Entries, including the following ("Invalid Entry"):

a. an Entry from a person who is not an Eligible Entrant;

b. an Entry that do not accurately describe the Eligible Entrant's details;

c. an Entry that are fraudulent or forged; and

d. an Entry that appear to have been tampered with.

Notification of Prize Winner/s

The Prize Winner will be contacted via email within seventy-two (72) hours of the conclusion of the Promotion.

In the event that the winner is not able to be contacted, The Promoter will continue to attempt to contact the winner over a thirty (30) day period.

If a Prize Winner does not respond to the Promoter within thirty (30) days of being notified, the Prize Winner will be deemed invalid, and the next best entry, as determined by the judge(s) shall be awarded the prize and notified accordingly.

General

1. By entering this Promotion, you are confirming that you accept these Terms and Conditions.
2. Information on how to enter and prizes form part of the Entry. Entry into the competition is deemed acceptance of these terms and conditions.
3. Your Entry into this Promotion must be received during the Promotional Period and is subject to Entry limits and eligibility requirements. Your Entry is deemed to be received only when received by the Promoter's database. If your Entry is based on participation that is reversed, cancelled, or otherwise deemed invalid, your Entry into the Promotion may be deemed invalid at the Promoter's discretion. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple aliases/addresses/email addresses/phone numbers, you may be disqualified.
4. Entry is open to anyone except employees and immediate families of the Promoter and their associated companies and agencies. Immediate family includes the following: spouse, ex-spouse, de facto spouse, child, or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
5. Any Entry that is made on behalf of an Eligible Entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
6. It is the responsibility of the Prize Winner to provide accurate contact details including email address, shipping address and contact number. Should an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an Entry should be directed to the Promoter.
7. On submission, entries become the property of the Promoter. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of your Entry. By submitting an Entry to the Promotion, you agree to assign all rights in the Entry to the Promoter and consent to the Promoter using the Entry in any manner it wishes (including modifying, adapting or publishing the Entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without compensation.
8. By submitting your Entry, you consent to any dealings with the Entry that may otherwise infringe your moral rights in the Entry. The Promoter may copy any content submitted as part of an Entry, cause the content to be seen and/or heard in public, and communicate the content to the public.
9. If requested by the Promoter, each winner must participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge. If you are a winner, you consent to the Promoter using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without compensation for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. If you are under 18 years of age, your parent or guardian must give us this consent on your behalf.
10. The Promoter is not responsible for any Prizes that are not received as a result of any incorrect address or for any other error on the part of the Prize Winner.
11. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
12. If you or your Entry are deemed by the Promoter to breach these Terms and Conditions, your Entry may be voided. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your Entry (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not amount to a waiver of those rights.
13. If due to any reason whatsoever the Promoter becomes aware that a winner has not complied with any of the Promotion's Terms and Conditions, that Prize Winner will have no entitlement to the Prize, and will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
14. You must not: a. tamper with the Promotion's Entry process; b. engage in any conduct that may jeopardise the fair and proper conduct of the Promotion; c. act in a disruptive, annoying, threatening, abusive or harassing manner directly or indirectly in relation to the Promotion; d. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion; e. breach any law; or f. behave in a way that is otherwise inappropriate directly or indirectly in relation to the Promotion.
15. The Promoter is not liable for any Entry, Prize claim or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
16. The Promoter's decision in connection with all aspects of this Promotion is final.
17. The Promoter reserves the right to cancel or change any Prize offered under the Promotion if there are any changes to the law which would or might render the Promotion or any Prize/s offered under the Promotion unlawful.
18. No Prize, Entry or other feature of the Promotion can be transferred, exchanged or redeemed for cash (unless where cash is specified), or other goods or services. The Prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in Prize value. You agree that if a Prize (or element of a Prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by any regulatory authority.
19. If this Promotion cannot run as planned for any reason beyond the Promoter's reasonable control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the closure of the Promoter's premises, government directives, pandemic, public health orders and the like, the Promoter may end, change, suspend or cancel the Promotion or disqualify affected entries/entrants, subject to any necessary approval by a regulatory authority.
20. You are providing your information to Freedman Electronics and not to any other party. Any personal information you provide in the course of this Competition will be subject to these Terms & Conditions and to the Promoter's Privacy policy. You agree that the Promoter will use the contact details you provided as part of your entry to contact you in the event you are selected as one of the winners.
21. Any personal data relating to the winner, or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant's prior consent.
22. The Promoter may disclose your personal information, including details of Prize Winner/s where required or authorised to do so by or under law or the disclosure is reasonably necessary to enforce the law. This may occur under the laws that apply to the Promoter's business, for example, where a regulatory authority requests information from the Promoter.
23. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this promotion results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
24. If any dispute arises between an entrant of the Promotion and the Promoter concerning the conduct of this Promotion or claiming a Prize, the Promoter will take reasonable steps to consider the entrant's point of view, taking into account any facts or evidence the entrant puts forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter's decision is final, and no correspondence will be entered into.
25. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.

Liability

26. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
27. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this Promotion are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this Promotion or any Prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
28. The Prize Winner and any other person(s) nominated to share the Prize with the Prize Winner agrees to accept, receive and use the Prize at their own risk and will, at all times, indemnify, keep indemnified, hold harmless and release the Promoter to the full extent permitted by law from and against any and all claims, causes of action, losses, damage, liability, cost or expense (including legal expenses on a full indemnity basis), incurred by The Promoter as a result of or in connection with the Promotion and from all liability which may arise in respect of any accident, damage or injury occurring to any person or property in connection with the Prize and / or the Prize Winner. The Prize Winner and any other person(s) nominated to share the Prize with the Prize Winner will be required to sign an agreement to release the Promoter from and indemnify the Promoter against any liability arising from the use or participation in the Prize.
29. The "Promoter" of the Promotion is Freedman Electronics Pty Ltd (ABN 91 000 576 483) trading as R0DE Microphones of 107 Camarvon Street, Silverwater NSW 2128.
30. The laws of the state of New South Wales govern the Promotion.