Wednesday, December 14, 2011

Changing definitions of family

I was feeling pretty demoralised while walking around the shops yesterday as I often do when looking for clothes, when a really nice girl at the Body Shop offered me a free hand pampering session.
Before that I had been planting out my poor miserable trees so that they wouldn't die while I was away in our nation's capital and my hands were quite rough and sore, so I was in the process of  trying a free sample in passing. It was however, such a pleasant and soothing experience that I ended up  buying something small and she handed me an entry form to a competition.

I was astounded at the exclusions and how interestingly they reflected the times and changing attitudes. It wasn't just the usual 'immediate family and friends of employees.' Here's the full bit.


"5. Employees (and their immediate families) of the Promoter, participating ‘The Body Shop’ stores and agencies associated with this promotion (including but not limited to The Body Shop At Home Consultants) 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 1st cousin."
Even the poor step -grandparents, de -factos, natural or adoptive children and first cousins have been excluded. I am surprised that they have not excluded surrogates and IVF by donor children or children of same sex couples, then they would have had the full set.
 Hey, this is Tasmania. Do we have any second or third cousins working at the Body Shop? They didn't mention -in- laws or ex- in laws either. Do we know anyone at the Body Shop, Joy?

If I thought the Body Shop competition had become rather complex, you should see the conditions attached  to the Coles one which I just entered. Instant Prizes Tosh! it took me half an hour to read all the exclusions and conditions and you had to read them to enter the draw for a $50 giftcard. I want fifty dollars just for reading all that AND having to like Coles on facebook!

In fact, I think I should get my lawyer to run his eye over it. It's longer than my insurance policy. There are 54 conditions with lots of subclauses, not counting those relating to facebook, the giftcard itself and other third parties, and I would hate to get it wrong. I notice they have omitted acts of war and terrorism but they don't seem to have missed much else. We have vandalism, industrial unrest, viruses, technical malfunctions, personal injury, tax liability and opportunity cost among many others. A couple of excerpts follow:

24. Employees (and their immediate families) of the Promoter and their 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 1st cousin.
40. When any entrant submits, produces or distributes any material for this Promotion including, but not limited to messages or sharing of links (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

45. The Promoter may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Promotion, as appropriate, if:

a) for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or

b) the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.

447. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) exclude 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 this Promotion, including, but not limited to, where arising out of the following:

a) any technical difficulties or equipment malfunction (whether or not under the Promoters control);

b) any theft, unauthorised access or third party interference;
c) any entry 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 a winner or entrant; or

f) participation in the Promotion or use of a Product or prize.

This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.

Use of personal information

48. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.

49. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter.

50. All entries into this Promotion become the property of the Promoter.
51. The Promoter's privacy policy can be viewed at www.coles.com.au/Coles/Privacy.

General

52. If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.
Amen

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