By participating in the Give Back Program you agree to be bound by these Terms & Conditions.
Only Australian residents aged 26 years or over are eligible to participate in the Give Back program.
Employees (and their immediate families) of participating AudioClinic, HearingLife, Adelaide Digital Hearing Solutions and Western Hearing Services clinics (the ‘Promoter’) or corporate entities and agencies associated with the Give Back program are ineligible to be nominated to receive a reward under the Give Back program.
(a) ‘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 1st cousin.
(b) A ‘participating’ AudioClinic, HearingLife, Adelaide Digital Hearing Solutions and Western Hearing Services clinic means any clinic of one of these brands operating in Australia.
To be an eligible recipient of a reward under the Give Back program, existing clients of a participating clinic must be nominated by their hearing care expert (clinician).
Only one (1) nomination is permitted per clinician, per quarter. (Nomination deadlines in 2018 are as follows – 30th March (Q1), 18th May (Q2), 17th August (Q3) and 9th November (Q4).
Before nominations are submitted, the clinician must ensure that the client has signed the consent and privacy information section on the client pre-assessment form. (It is mandatory for this form to be completed by all clients when they first get a hearing screen or test in clinic).
The Promoter reserves the right, at any time, to verify the validity of nominations and the details of clients (including a client’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms & Conditions, tampered with the nomination process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the give back program. Errors and omissions may be accepted at the Promoter’s discretion.
Failure by the Promoter to enforce any of its rights (including but not limited to those under these Terms & Conditions) at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from any individual associated with the Give Back program are reserved.
Incomplete or indecipherable nominations completed by clinicians will be deemed invalid.
All nominations will be collated on a quarterly basis by the Promoter and sent to the judging panel for review.
All nominations will be judged against a set of criteria that includes but is not limited to the clinical need of the client, potential clinical outcome and client’s background story.
The judging panel will then select a certain number of nominees to be recipients. The Promoter may instruct the judging panel to select additional reserve recipients and record them in order, in case an invalid/ineligible recipient is selected.
The recipient(s) will be notified by phone by the clinic from which they were nominated. A follow up/fitting appointment will then be arranged with the client’s local clinician for them to receive the Give Back gift.
The Promoter’s decision is final and no correspondence will be entered into.
If for any reason the recipient does not take and/or redeem the reward by the time stipulated by the Promoter (fitted within 6 months of being informed they are a Give Back recipient), then the reward will be forfeited.
The Promoter will pledge into the ‘pledge pool’ $1 for each new hearing screen or test that is completed at a participating clinic or community event.
The reward under the Give Back program will be either a pair or one Oticon Opn1TM hearing device(s) (depending on the recipient’s individual therapeutic needs) as well as the relevant after care package referred to below. The maximum value of each individual reward to each recipient is $13,290 (RRP). If the recipient only requires one hearing device, then the maximum value will be $6,645 (RRP). Each recipient’s individual needs will be determined by the clinician who submitted the recipient’s nomination.
Each recipient will also receive a relevant after care package as part of the reward – this will be either PremierCare, CompleteCare, PlatinumCare or SuperiorCare (depending on the brand applicable to the recipient). The devices, and any unused services forming part of the relevant after care package are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter. Services that the after care package includes (but isn’t limited to) are; hearing device batteries at no cost, loss and damage cover and priority maintenance and repairs.
Recipients are required to sign a release form, prior to being fitted with hearing devices to declare that they are willing to participate in marketing and public relations relating to the Give Back program and the Campaign for Better Hearing (of which the Give Back program forms part).
Recipients consent to the Promoter using their name, likeness, image and/or voice (including but not limited to photograph, film and any other recording) in any media for an unlimited period free of remuneration for the purpose of promoting the Give Back program and the Campaign for Better Hearing and promoting any products manufactured, distributed and/or supplied by the Promoter.
Recipients agree to the Promoter sharing content related to the recipients, including but not limited to their information, story and photographs, with global partners of the Campaign for Better Hearing.
Except for any liability that cannot by law be excluded, including the non-excludable consumer 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 nomination or reward claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in reward value to that stated in these terms and conditions; (e) any tax liability incurred by a recipient or nominee; or (f) use of the reward.
Personal information is being collected in order to administer the Give Back program. By participating in the program, the nominee acknowledges that a further primary purpose for collection of the nominee’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving its goods and services and to contact the nominee in the future with information on special offers or to provide the nominee with marketing materials via any medium including mail, telephone and commercial electronic messages (including but not limited to SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other form of electronic, emerging, digital or conventional communications channel which the nominee has provided their details for). The Promoter may share information with any related entities, contractors, agents or suppliers of the Promoter, who may also contact the nominee with special offers in the manner set out in this provision. By consenting to be nominated for the program, the nominee acknowledges and agrees that the Promoter may use the nominee’s personal information in the manner set out in these Terms & Conditions.
The Promoter’s brands (being AudioClinic, HearingLife, Adelaide Digital Hearing Solutions and Western Hearing Services) are owned by Sonic Innovations (ABN 86 007 608 460) of 3 Unley Road, Parkside SA 5063. Telephone: 08 8373 5740 or Oticon Australia Pty Ltd (ABN 40 061 969 006), Suite 4, Level 4, Building B, 11 Talavera Road, North Ryde, NSW 2113. Telephone: (02) 9857 8295.