Dyson Trial – Terms & Conditions

  1. Information on how to participate forms part of these Terms and Conditions. Participation is deemed acceptance of these Terms and Conditions.
  2. This program is conducted by Dyson Appliances (Aust.) Pty Limited ABN 50 073 072 509 of 8-10 Mangrove Lane, Taren Point, NSW 2229 (“Dyson”).
  3. Participation in the program is only open to Australian residents aged 18 years and over. Employees (and their immediate families) of Dyson and Dyson competitors are ineligible to apply. For the sake of these Terms and Conditions, a “Dyson competitor” is any company that sells or manufactures products in the same industry or product categories as Dyson.
  4. Applications open on 06.02.2018 and ends 11.59pm AEDST on 25.02.2018 (“Application Period”). To apply, individuals must visit https://discoverdyson.com.au/unreleased and complete the application form during the Application Period. Participants must provide information about their social media following and channels (if applicable) and must also answer the question “Tell us about your favourite technology purchase (Dyson or otherwise) in 100 words or less.”
  5. Dyson reserves the right, at any time, to verify the validity of applications and participants (including a participant’s identity and age) and reserves the right, in its sole discretion, to disqualify any individual who Dyson has reason to believe has breached any of these Terms and Conditions, tampered with the application process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the program. Errors and omissions may be accepted at Dyson’s discretion. Failure by Dyson to enforce any of its rights at any stage does not constitute a waiver of those rights. Dyson’s legal rights to recover damages or other compensation from such an offender are reserved.
  6. Incomplete, indecipherable or illegible applications will be deemed invalid.
  7. Only one (1) application permitted per person.
  8. Dyson will review all applications for suitability for participation in a beta trial program (“Trial”). The Trial will run from 07.03.2018 until 06.04.2018 (“Trial Period”).
  9. Dyson will select up to four hundred (400) participants to take part in the Trial. Dyson’s decision is final and no correspondence will be entered into.
  10. Each selected participant will be provided with a Dyson product. The exact product will be determined by Dyson in its absolute discretion.
  11. Each selected participant agrees to participate in the Trial in consideration of receipt of the Dyson product. During the Trial Period, participants must use the Dyson product in accordance with its instruction manual in an ordinary domestic manner.
  12. At the conclusion of the Trial Period, participants must then submit a review of the product to Dyson. Participants must include in their review any specific wording provided by Dyson to ensure it is clear that their review has resulted from participation in the Trial. Participants warrant that they will respond honestly in relation to the products they test, and any review provided will be a true reflection of the participant’s opinion. For the sake of clarity, reviews can be positive or negative, and this will not impact a participant’s ability to remain part of the program or keep the product.
  13. Participants agree that they are fully responsible for any materials they submit via the program including but not limited to comments, recordings and images (“Content”). Dyson shall not be liable in any way for such Content to the full extent permitted by law. Dyson may remove or decline to publish any Content without notice for any reason whatsoever. Participants warrant and agree that:
    1. they will not submit any Content that is unlawful or fraudulent, or that Dyson 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;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original work of the participant that does not infringe the rights of any third party;
    5. they consent to any use of the Content which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    6. 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.
  14. Without limiting any other terms herein, participants agree to indemnify Dyson for any breach of the above clauses 13 and 14.
  15. As a condition of participating in this program, each participant licenses and grants Dyson, 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 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.
  16. If this program 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 Dyson, including but not limited to technical difficulties, unauthorised intervention or fraud, Dyson reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the program, as appropriate.
  17. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under 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, Dyson (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 program.
  18. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Dyson (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 Dyson’s control); (b) any theft, unauthorised access or third party interference; (c) any application that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Dyson) due to any reason beyond the reasonable control of Dyson; (d) any tax liability incurred by a participant; or (f) use of any Dyson product.
  19. Dyson collects personal information (“PI”) from both applicants and participants in order to conduct the program and will collect, use, share, transfer and otherwise handle this PI in accordance with its Privacy Policy, which can be viewed at http://privacy.dyson.com/. If Dyson does not collect the mandatory information (including PI) requested from an applicant in the application form, then the applicant will not be able to participate in the program. The Privacy Policy contains information about the Dyson Privacy Principles, what PI Dyson collects, how Dyson uses this PI (including any marketing purposes), what PI Dyson shares with third parties, how long Dyson retains PI, how participants may access, update or correct their PI, how participants may complain about a breach of the Dyson Privacy Principles or Australian law (or any other applicable law) and how those complaints will be dealt with. Dyson may share PI outside of Australia in connection with the purposes described above and in the Privacy Policy. Some of the recipients of this PI may be located in the United States of America or the United Kingdom.