Synergy Xmas Lights Trail terms & conditions

Xmas Light Trail Competition – Decorators

Terms and Conditions

  1. The “Xmas Light Trail Competition – Decorators competition (the Competition) is a competition run by Electricity Generation and Retail Corporation (trading as Synergy) (ABN 58 673 830 106) (Synergy) on and subject to these terms and conditions.To the maximum extent permitted by law, Synergy’s decision is final and no correspondence will be entered into in relation to any dispute or other matter arising in relation to the Competition.

  2. To be eligible to enter the Competition, you must be 18 years of age or over and a named Synergy account holder prior to the commencement of the Competition (Eligible Participant).  You must also meet any eligibility criteria for the individual awards as set out below.
  3. The Competition Period commences at 9:00am (WST) on Thursday 1 November 2018 and ends 9:00am Wednesday 19 December 2018 unless otherwise specified in these terms and conditions, for entries to be eligible for each category below:
    1. Junior Judges Award
    2. People Choice Award
    3. Best Solar Light Display
    4. Best Regional Lights Display
  4. An entry is deemed to be received at the time it is received by Synergy and not at the time of submission by the Eligible Participant.  Entries must be received by Synergy by the end of the Competition Period as specified above.  Entries received after the specified time as determined by Synergy will automatically be deemed as invalid.
  5. To enter the Competition, Eligible Participants must complete and publish the decorator profile form online at www.xmaslightstrail.com.au. All decorator profiles will be reviewed by Synergy and those adhering to the ‘decorator rules’ (determined in Synergy's sole discretion) will be approved within three working days.  If you have not been notified that you have been approved then your entry will be deemed to be not approved unless otherwise determined by Synergy in its sole discretion.
  6. By entering the Competition, Eligible Participants consent to photographs and/or videos of their Christmas lights and their address being published on the Synergy Xmas Lights Trail website and Synergy Facebook pages including SynergyWA and Synergy Xmas Lights Trail.
  7. Your details may also be passed onto our media partners and may feature in media stories (TV, Radio, Print, and Digital) throughout the campaign period; 1 November 2018 to 31 December 2018.   
  8. The total prize pool of the Competition is $10,000 (GST inc) which consists of nine (9) prizes to be awarded to nine (9) individual Eligible Participants across the four award categories.

 

  1. Junior Judges Award
    1. The Junior Judges Award is valued at $2000 (GST inc) and the winner will receive $2000 (GST inc) as a credit to their Synergy electricity account.
    2. Eligible Participants must be a customer within the Perth Metropolitan area.

    1. The winner of the Junior Judges prize will be selected by a group of Synergy junior elves (children aged between 5 – 10 years old chosen by Synergy at its discretion) (Mini Judges).
    2. The Mini Judge aspect of the Competition closes at 5:00pm (WST) on Monday 10 December 2018 (Mini Judge Competition Period).
    3. At the end of the Mini Judge Competition Period, Synergy will select the ten (10) Eligible Participants profiles, located in the Perth metropolitan area, whose profiles have received the most votes from Synergy Xmas Lights Trail website (Pool).  Synergy will then select three (3) Eligible Participants profiles out of the Pool (Finalist Houses).
    4. The Mini Judges will be brought to view the lights at each of the Finalist Houses between Wednesday 12 December and Tuesday 18 December 2018 and filmed while they judge the Finalist Houses.
    5. The Finalist House that receives the most votes from the Mini Judges will be deemed to be the winner of the Junior Judges Award category.
    6. The winner will be announced on TV on Wednesday 19 December at approximately 6:00pm (WST).  Synergy reserves the right to announce the winner by another forum and at another date and time in its sole discretion.
    7. Employees of Synergy and their relatives and agents are not eligible to enter this category.

     

  2. People Choice Award
    1. The People Choice Award consists of four prizes with a total value of $5250 (GST inc). The prizes are a $3000, $1500, $500 and $250 (GST inc) Synergy account credit.
    2. Eligible Participants must be a customer within the South West Interconnected System (SWIS).

    1. The winners of the People Choice Award prizes will be determined based on the number of votes received on Eligible Participants profiles on the Synergy Xmas Lights Trail website during the Competition Period. The four Eligible Participants profiles with the highest number of votes as at 9:00am (WST) on Wednesday 19 December 2018 will be awarded the People Choice Award prizes in the order of the number of votes received with the $3000 prize being awarded to the Eligible Participant's profile with the highest number of votes, the $1500 prize being awarded to the Eligible Participant's profile with the second highest number of votes and so on.
    2. Votes are awarded by the general public during the Competition Period.

     

    1. In the unlikely situation of a tie in the number of votes between Eligible Participants to determine each of the winners of the $3000, $1500 or $500 prize, the prize will be combined with the next prize value and shared equally between the two Eligible Participants with the same number of votes. For example, if there are two Eligible Participants with equal highest votes then the prize for each will be $2250, being $3000 + $1500/2 with no second placed prize then being awarded. .If fourth place is tied Synergy will increase the prize pool to cover multiple payments of the prize to the fourth placed Eligible Participants.
    2. The winner will be notified live on TV via a weather cross from their property on Wednesday 19 December at approximately 6:00pm (WST). Synergy reserves the right to announce the winner by another forum and at another date and time in its sole discretion.
  3. Best Solar Light Display
    1. The Best Solar Lights Display prize is valued at $1000 (GST inc) and the winner will receive $1000 (GST inc) as a credit to their Synergy account.
    2. Eligible Participants must be a customer within the South West Interconnected System (SWIS).

    1. Eligible Participants must opt into this category when completing their decorator profile on the Synergy Xmas Lights Trail website. An Eligible Participant may only opt into this category if 100% of their external light display is powered by solar power.

     

    1. The winner of the Best Solar Light Display will be determined based on the number of votes logged against Eligible Participants profiles on the Synergy Xmas Lights Trail website that have opted into the 'Best Solar Lights Display' category during the Competition Period. The five (5) Eligible Participants profiles with the highest number of votes received as at 9:00am (WST) Monday 17 December 2018 will be deemed finalists for this category (Solar Finalists). Synergy will then endeavour to audit the eligibility of the winner (being the Solar Finalist with the highest number of votes).If the Solar Finalist with the highest number of votes is deemed ineligible for the prize, the prize will be awarded to the Solar Finalist with the next highest number of votes that is considered eligible by Synergy. If all of the Solar Finalists are deemed ineligible for the prize, then, subject to these terms and conditions, Synergy reserves the right to alter the judging criteria for this category in order to determine a winner, or if it cannot, appoint a winner.
    2. Votes are awarded by the general public during the Competition Period.
    3. Synergy reserves the right to conduct an onsite inspection as part of the audit process to establish eligibility prior to selecting the winner.
    4. The winner must be able to prove that 100% of their external light display is powered by solar. Other non-light decorations (such as inflatable characters) may be powered by non-renewable sources.
    5. If the winner has a solar and battery system installed in their home they must be able to prove that they can run the lights of their display daily from 6:00pm to 10:00pm (WST), when requested by Synergy.
    6. The winner will be notified live on TV via a weather cross from their property on Wednesday 19 December 2018 at approximately 6:00pm (WST).Synergy reserves the right to announce the winner by another forum and at another date and time in its sole discretion.
  4. Best Regional Lights Display
    1. The Best Regional Lights Display consists of three prizes with a total value of $1750 (GST inc). The prizes are $1000, $500, and $250 (GST inc) Synergy account credits.
    2. To be eligible to win this prize the Eligible Participant's property with the display must be located within one of the six nominated regions within the SWIS (Mid West, Wheat Belt, Goldfields / Esperance, Great Southern, South West and Peel).

    1. The winners of the Best Regional Lights Display prizes will be determined based on the number of votes received on Eligible Participants profiles on the Synergy Xmas Lights Trail website during the Competition Period. The three Eligible Participants profiles with the highest number of votes as at 9:00am (WST) on Wednesday 19 December 2018 and located in any of the nominated regions will be awarded the Best Regional Lights Display prizes in the order of the number of votes received with the $1000 prize being awarded to the Eligible Participants profile with the highest number of votes, the $500 prize being awarded to the Eligible Participant's profile with the second highest number of votes and so on.

     

    1. Votes are awarded by the general public during the Competition Period.

       

    2. Regions are defined by Regional Development Commissions Act 1993 (WA).

       

    3. The winners will be announced live on TV on the 19 December 2018 at approximately 6:00pm (WST). Synergy reserves the right to announce the winner by another forum and at another date and time in its sole discretion.

 

CONDITIONS APPLICABLE TO ALL ELIGIBLE PARTICIPANTS

  1. Synergy, in its sole discretion, reserves the right to disqualify entries that are not in the spirit of the competition.
  2. Unless otherwise stated, all winners will be notified on Thursday 20 December 2018 via phone or email by a Synergy authorised representative. Winners will have 24 hours to respond in writing to claim their prize or the prize will be forfeited.
  3. Winners details will be published on the Synergy and Synergy Xmas Lights Trail website and Facebook pages, used in promotional purpose and by media partners.
  4. Eligible Participants are only eligible to win a maximum of one prize. In the instance that an Eligible Participant receives the most votes in more than one Prize Category making them eligible to win in more than one prize, the Eligible Participant will be awarded the prize of the greatest value and will not be eligible to receive the other prize. In the instance that an Eligible Participant wins in two Prize Categories of the same prize value they will be awarded the first prize as listed in item 3.
  5. The prizes will be processed by as a credit on each winner's electricity account until the value of the prize has been reached.  The winner will be required to pay for any amount outstanding in relation to the account after the value of the prize has been reached.  For example, if the winner of the Best Solar Light has a bill in the amount of $1200, and is awarded a $1000 prize, the customer will have reached the value of the prize and will be required to pay the amount of $200 that is outstanding in relation to their account. 
  6. The credit applied to a winner's Synergy account, cannot be cashed out.
  7. Each winner agrees to participate and co-operate as required by Synergy in editorial activities relating to the Competition, including but not limited to being interviewed for the Channel Nine news, The West and 94.5FM.  Synergy may publish this information on its website, in newsletters, in newspapers and on social media, including on Facebook and Twitter.  Each winner agrees they will not, and will ensure that their companions do not, participate in editorial activities with any other media organisation without Synergy's prior consent. 
  8. The prizes must be taken "as offered" and cannot be transferred, exchanged or redeemed for cash.  If the stated prize is unavailable for any reason, Synergy reserves the right to offer a substitute prize of equivalent value or specification or both.
  9. Any additional products or services not included in the prize, but required by a winner, will need to be arranged and paid for by that winner.
  10. By entering and participating in the Competition, Eligible Participants agree to hold harmless, defend and indemnify Synergy and Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to the Eligible Participant’s participation in the Competition.
  11. Eligible Participants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.
  12. Each Eligible Participant participating in the Competition consents to Synergy using his or her listing name, address and photograph/video of their Christmas lights in any media for promotional purposes related to the Competition.  Synergy has the right to use such publicity materials in any medium and in any reasonable manner it sees fit.
  13. Synergy accepts no responsibility for any late, lost, incomplete, misdirected, incorrectly submitted, delayed or ineligible entries, applications, claims or correspondence whether due to error, omission, alteration, tampering, theft, deletion, destruction, transmission, interruption, communications failure or otherwise.  Synergy has no control over the postal system, internet, telecommunications networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
  14. If for any reason any aspect of the Competition is not capable of running as planned, including by reason of infection by computer virus, telecommunications networks failure, bugs tampering, unauthorised intervention, fraud, technical failures, or any cause beyond the control of Synergy which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, Synergy reserves the right to cancel, terminate, modify or suspend the Competition subject to the approval of Gaming and Wagering Commission (WA) or other relevant authorities, if and only to the extent required.
  15. None of Synergy and its associated agencies and companies are liable to any winner or any other person in any way (including but not limited to liability for negligence) for any loss, expense, damage or injury which is suffered or sustained (whether or not arising from any negligence) in connection with all or any of the promotion, the Competition or acceptance, transportation, delivery or use of the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum liability allowable by law).
  16. Any queries or complaints regarding the Competition and its terms must be directed to Synergy.
  17. Nothing in these terms and conditions excludes, restricts or modifies the rights of any person or entity as a “consumer” under the Australian Consumer Law (or any other statutory rights) to the extent the law does not allow them to be excluded, restricted or modified.
  18. All entries will be the property of Synergy. The information entrants provide will be used by Synergy for the purpose of and relating to conducting the Competition and otherwise in accordance with Synergy’s Privacy Policy and Collection of Information Statement (available at synergy.net.au). Without limitation, Synergy may disclose entrants’ personal information to relevant suppliers, contractors and agents for or in relation to any of those purposes and to State and Territory regulatory bodies and winners’ names may be published, as required, under the relevant legislation and as set out in these terms and conditions. Synergy’s marketing activities are subject to the Australian Privacy Principles in the Privacy Act 1988 (Cth).
  19. Synergy in its sole discretion may cancel, terminate, modify or suspend the Competition, or invalidate any affected entries, subject to the approval of Gaming and Wagering Commission (WA) or other relevant authorities, if and only to the extent required.
  20. These terms and conditions are governed by and to be interpreted in accordance with the laws of Western Australia.

Synergy Elfie Selfie Social Media Competition

Terms and Conditions

  1. The “Synergy Elfie Selfie Competition” (the Competition) is a competition run by Electricity Generation and Retail Corporation (trading as Synergy) (ABN 58 673 830 106) (Synergy) on and subject to these terms and conditions (the Terms).  Information on how to enter and prizes form part of the Terms.  Submission of an entry is deemed acceptance of the Terms. To the maximum extent permitted by law, Synergy’s decision is final and no correspondence will be entered into in relation to any dispute or other matter arising in relation to the Competition.
  2. Subject to clause 3, entry is open to Western Australian residents who have a Facebook account and are following Synergy on Facebook (Eligible Entrant).  Eligible Entrants under 16 years of age must have parental or guardian consent to enter the Competition.
  1. Employees of, and contractors engaged by, Synergy, including their immediate families, are not eligible to enter the Competition and if such an entry is submitted, it will not be valid.
  1. The Competition commences at 7:00pm (WST) on Thursday 1st November 2018 and entries close and must be received by 11:59pm (WST) on Sunday 4th November 2018 (Competition Period).
  2. An entry is deemed to be received at the time it’s received by Synergy and not at the time of transmission by the Eligible Entrant.
  3. To enter the Competition, Eligible Entrants must during the Competition Period:
    1. get a photo with the Synergy Elf at the Kaleidoscope Festival;
    2. log into their Facebook account; and 
    3. upload the photo of themselves and the Synergy Elf to Synergy Xmas Lights Trail Facebook page,

 (Eligible Entry). 

  1. Only one Eligible Entry will be accepted for each Eligible Entrant and the first Eligible Entry received will be considered their official entry.
  2. Incomplete, infringing, indecipherable, illegal or offensive entries will be deemed invalid and then removed from Synergy's Facebook page.   Entries that feature any corporate advertising material or messages (other than Synergy) will be disqualified and the post removed from Synergy's Facebook page.
  3. The prize is a Christmas gift card gift pack containing 1 x $100 Coles Myer gift card, 1 x $100 David Jones gift card (the Prize).  The Prize is valued at $200. There will be 4 Prizes in total to be won.  The total prize pool value is $800.
  4. Four Eligible Entrants will be awarded the Prize each based on the quality of their Eligible Entry post as judged by Synergy in its sole discretion at around 12:00pm (WST) on Wednesday 7 November 2018 at Synergy’s office at 219 St George Tce, Perth WA 6000. 
  5. Any prize must be taken "as offered" and cannot be varied, extended, transferred or exchanged for cash.
  6. If the Prize is unavailable for any reason, Synergy reserves the right to offer a substitute prize of equivalent value and you agree to accept that substitute prize.
  7. Each winner will be notified by Facebook Messenger after the Prize draw.   Synergy will require appropriate contact details from the winner in order to provide the Prize.  The winner can either collect the Prize from Synergy at 219 St George Tce, Perth or receive the Prize by standard mail. 
  8. The winner will forfeit the Prize if the winner:
    1. does not respond within 24 hours from the message being sent by Synergy through Facebook Messenger confirming they have won; or
    2. elects to collect the Prize from Synergy and has not done so by Monday 10 December 2018.  
  9. Synergy accepts no responsibility for a Prize being damaged or lost in transit. Synergy is unable to replace the Prize. 
  10. To the maximum extent permitted by law, Synergy’s decision regarding the prize draws, determination of eligible entries and winners, and the conduct of the Competition is final and no correspondence will be entered into in relation to any dispute or other matter arising in relation to the Competition.
  11. The Competition is a game of skill and chance plays no part in the determination of winners.  Each Eligible Entry will be individually judged according to its merits on the basis of originally, creativity and festive spirit.  Synergy’s decision is final and no correspondence will be entered into.
  12. Any additional products or services not included in the Prize, but required by a winner, will need to be arranged and paid for by that winner. 
  13. Each entry submitted as part of the Competition (Work) becomes the property of Synergy.  As a condition of entry, each entrant irrevocably grants to Synergy an non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including, without limitation, copyright) in and to the Work and consents to Synergy doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of an entrant’s moral rights.
  14. Each entrant warrants to Synergy that the Work submitted is an original work of the entrant which does not infringe any rights of any third party.  A breach of these warranties will result in the entrant’s entry being invalid.  In addition, each entrant indemnified Synergy against all loss, damages and costs incurred by Synergy arising from that entrant’s breach of these warranties.
  15. All entrants agree to participate and co-operate as required in editorial activities relating to the Competition, including but not limited to being interviewed and photographed.  Each winner consents to Synergy using the Eligible Entrant’s Work, name, likeness, image and voice (including photograph, film and recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting the Competition (including any outcome), Synergy and the products or services or both supplied by Synergy.  Each winner agrees they will not, and will ensure that their companions do not sell or otherwise provide their story and photographs to any media other organisation without Synergy’s consent. 
  16. Synergy accepts no responsibility for any late, lost, incomplete, misdirected, incorrectly submitted, delayed or ineligible entries, applications, claims or correspondence whether due to error, omission, alteration, tampering, theft, deletion, destruction, transmission, interruption, communications failure or otherwise.  Synergy has no control over the postal system, internet, telecommunications networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
  17. None of Synergy and its associated agencies and companies are liable to any winner or any other person in any way (including but not limited to liability for negligence) for any loss, expense, damage or injury which is suffered or sustained (whether or not arising from any negligence) in connection with all or any of the promotion, the Competition or acceptance, transportation, delivery or use of the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum liability allowable by law).
  18. Any queries or complaints regarding the prize and its terms of use, including any validity period within which it must be used or where it can be used, must be directed to the relevant issuer of the gift card and not Synergy.
  19. If for any reason beyond the reasonable control of Synergy, the Competition is not capable of being conducted as reasonably anticipated, Synergy reserves the right, in its sole discretion, to:
    1. disqualify any Eligible Entrant; or
    2. cancel, terminate, suspend or modify the Competition,

subject to the approval of the Gaming and Wagering Competition (WA) or other relevant authority (if required).

  1. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook.   Eligible Entrants completely release Facebook from any and all liability in connection with the Competition.
  2. Nothing in these terms and conditions excludes, restricts or modifies the rights of any person or entity as a “consumer” under the Australian Consumer Law (or any other statutory rights) to the extent the law does not allow them to be excluded, restricted or modified.
  3. The information entrants provide will be used by Synergy for the purpose of and relating to conducting the Competition and otherwise in accordance with Synergy’s Privacy Policy and Collection of Information Statement (available at synergy.net.au). Without limitation, Synergy may disclose entrants’ personal information to relevant suppliers, contractors and agents for or in relation to any of those purposes and to State and Territory regulatory bodies and winners’ names may be published, as required, under the relevant legislation and as set out in the Terms. Synergy’s marketing activities are subject to the Australian Privacy Principles in the Privacy Act 1988 (Cth).
  4. Synergy reserves the right to change the duration of the Competition at any time with the prior written approval of the Gaming and Wagering Commission (WA) (if required).
  5. The Competition is governed by and to be interpreted in accordance with the laws of Western Australia.

 

Synergy Xmas Light Trail Campaign – Community Group Christmas Event Listing Platform Terms and Conditions

Terms and Conditions

  1. Electricity Generation and Retail Corporation (trading as Synergy) (ABN 58 673 830 106) (Synergy) is conducting the “Synergy Xmas Light Trail (Campaign) from Thursday 1 November 2018 until Thursday 20 December 2018.
  2. The Campaign includes an online platform which allows persons to upload pictures of their Christmas lights and decorations onto Synergy's website at www.xmaslightstrail.com.au (Synergy Christmas Lights Platform) and for the chance to win prizes.
  3. The purpose of the Campaign and the Synergy Xmas Lights Trail Platform is to promote general festive joy and holiday spirit.
  4. Synergy is offering local community groups (Community Groups) the opportunity to use the Synergy Xmas Lights Trail Platform to list and promote their community Christmas events (Community GroupChristmas Event).

    Listing and Eligibility

  5. Unless sent the log in link directly, Community Group must register its interest to promote the Community Group Christmas Event by emailing Synergy at synergy.events@synergy.net.au.Individuals, political groups, government agencies and groups that discriminate on the basis of origin, race, age, religion, gender, ability or diversity are not eligible to use the Synergy Xmas Lights Trail Platform unless Synergy, in its sole discretion, considers that the organisation otherwise promotes the purpose of the Competition and the Synergy Christmas Lights Platform.
  6. The Community Group must provide Synergy with the proposed Community Group Christmas Event listing which must at a minimum include the event name, date, time, location, organiser of the event and an event image at the specified size.
  7. The Community Group must be a Christmas / holiday season event. Religious services will not be approved. The Community Group Christmas Event must be free of charge and must not include a named corporate sponsor in the event name.
  8. Synergy may, in its sole discretion, refuse to register or list a Community Group Christmas Event.

    Licence

  9. All copyright and other intellectual property rights in the Synergy Xmas Lights Trail Platform (including without limitation all trademarks appearing on the Synergy Xmas Lights Trail Platform) are owned by Synergy.
  10. If Synergy permits the Community Group's Christmas Event to be listed, Synergy grants the Community Group a revocable, non-transferable, non-exclusive licence to use the Synergy Xmas Lights Trail Platform to promote the Community Group Christmas Event.
  11. Community Group must not:
    1. except as permitted by the licence set out above, use or copy any part of the Synergy Xmas Lights Trail Platform without Synergy's prior written consent;
    2. distribute, translate, modify or tamper with, any part of the Synergy Xmas Lights Trail Platform;
    3. create derivative works of or from any part of the Synergy Xmas Lights Trail Platform;
    4. sell, rent, lease, sub-license, assign, exchange or otherwise transfer its rights under these terms and conditions; or
    5. permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

    Use of the Synergy Xmas Lights Trail Platform

  12. Synergy is under no obligation to monitor any transmissions made or content submitted or published using the Synergy Xmas Lights Trail Platform, or to verify the identity, standing or other characteristics of any person posting in relation to the Community Group Christmas Event.
  13. Synergy has the right to monitor, edit, disclose, delete and refuse to transmit or post any transmissions and content on the Synergy Christmas Lights Platform.
  14. If any content is posted on the Synergy Xmas Lights Trail Platform as part of Community Group's use of the Synergy Xmas Lights Trail Platform and the running of the Community Group Christmas Event, then Community Group grants to Synergy an irrevocable, royalty-free and sub-licensable right to exercise all copyright, trademark and other intellectual property rights it has in the content, in any form. To the extent permitted under law, the Community Group waives all moral rights and promises not to assert such rights or other intellectual property rights against Synergy or its sub-licensees in relation to that content.

    Promotion of the Synergy Xmas Lights Trail Platform

  15. The Community Group agrees to provide Synergy with its details and general information in respect of the Community Group Christmas Event, its use of the Synergy Xmas Lights Trail Platform and how it worked with Synergy, for promotional purposes. Community Group agrees that Synergy has the right to use such publicity materials in any medium and in any reasonable manner it sees fit, including publishing this information on its website, in newsletters and on social media, including Facebook and Twitter.

    Availability of the Synergy Xmas Lights Trail Platform

  16. Synergy will use reasonable endeavours make the Synergy Xmas Lights Trail Platform available at all times. However, the availability of the Synergy Xmas Lights Trail Platform depends on various third party entities, and accordingly, Synergy does not warrant or guarantee:
    1. that the Community Group will be able to use the Synergy Xmas Lights Trail Platform at any time; or
    2. that the Community Group's use of the Synergy Xmas Lights Trail Platform will be uninterrupted, secure or error-free.
  17. The Community Group acknowledges and agrees that the Synergy Xmas Lights Trail Platform may not be available from time to time, and that the Community Group may be disconnected from or denied access to the Synergy Xmas Lights Trail Platform at any time for any reason, including without limitation if:
    1. any network connection difficulties occur;
    2. the systems providing those services are unavailable for any reason (including so that maintenance can be performed); or
    3. the Community Group breaches any of these terms and conditions.
  18. Synergy makes no guarantee as to the reliability or other performance of the Synergy Xmas Lights Trail Platform.The performance of the Synergy Xmas Lights Trail Platform depends on various factors, including without limitation the functions, capacity and configuration of hardware interacting with the Synergy Xmas Lights Trail Platform, the speed of the internet connection, and the number of users accessing the systems which support the Synergy Xmas Lights Trail Platform.

    Community Group's obligations

  19. The Community Group must not use the Synergy Christmas Lights Platform:
    1. to access, transmit, publish or communicate material which:

      (i)            is false, inaccurate, defamatory, offensive, inflammatory or obscene;

      (ii)           contains a virus or other harmful code;

      (iii)          is racist, threatening, abusive, harassing or hateful;

      (iv)          is illegal;

      (v)           infringes copyright;

      (vi)          references a competitor of Synergy; or

      (vii)         contains links to other sites that contain the information referred to in paragraphs (i) to (vi);

    2. in a way which would breach these terms and conditions;
    3. in any way that may cause reputational damage to Synergy or cause negative exposure to Synergy, its customers or other users of the Synergy Xmas Lights Trail Platform; or
    4. in any way that may cause Synergy or other users of the Synergy Xmas Lights Trail Platform to incur liability to any other party.
  20. Synergy may ask the Community Group to cease any conduct or use of the Synergy Xmas Lights Trail Platform which Synergy considers is contrary to these terms and conditions. The Community Group must immediately comply with any such request.
  21. Where Synergy considers that these terms and conditions are not being complied with, Synergy may suspend access to, or terminate the Community Group's access or use of the Synergy Christmas Lights Platform.

    Liability

  22. The Community Group acknowledges and agrees that access to, and use of, the Synergy Xmas Lights Trail Platform is at the Community Group's own risk.
  23. Synergy will not be liable for any loss, expense, damage or injury arising from or in connection with the Community Group's use of the Synergy Xmas Lights Trail Platform, including any loss of opportunity, loss of profits, revenue, goodwill, savings, data, or expectation, and any and all indirect or consequential losses.

  24. The Community Group agrees to hold harmless, defend and indemnify Synergy from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to the Community Group's use of the Synergy Xmas Lights Trail Platform or any breach of these terms and conditions.

 

Privacy

  1. Synergy will collect, hold, use and disclose any personal information collected or required in relation to the Community Group's use of the Synergy Xmas Lights Trail Platform in accordance with Synergy's Privacy Policy which is available on its website.

    Changes to the Synergy Christmas Lights Platform

  2. Synergy reserves the right to:
    1. suspend use of, or withdraw, the Synergy Xmas Lights Trail Platform and/or any of its features or components; and
    2. add to, amend, remove, or disable access to, any part of the Synergy Xmas Lights Trail Platform without notice.

    General

  3. These terms and conditions are governed by the laws of Western Australia.

 

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