Terms & Conditions
Promoter: Cooke Industries Pty Ltd (ABN 74 648 321 242), referred to herein as “Cooke Industries”.
Competition period: Thursday 22 October 2026 to 4:00 pm AEDT on Friday 30 October 2026.
1. Eligibility
1.1 The competition is open to registered Australian businesses, including sole traders, involved in swimming pool construction, installation or renovation, namely pool builders, installers, plumbers and landscapers who work on pool projects.
1.2 Entrants must be authorised to enter on behalf of their business and must have all necessary rights and permissions to submit their photos.
2. Entries and the Image Policy
2.1 Entries must feature one or more completed swimming pool projects genuinely associated with the entrant’s business.
2.2 These Terms & Conditions incorporate the Cooke Industries Image Procurement, Rights, Consent & Usage Policy (the “Policy”), which sets out the submission standards, consent requirements, copyright warranty, licence, credit and revocation rules that apply to submitted photos. By entering, the entrant agrees to the Policy as in force on the date of entry. The Policy is available at https://cookeindustries.com.au/image-policy.
2.3 Entries must meet the submission standards in section 3 of the Policy. An entry that does not comply with the Policy’s requirements on nudity, offensive or unlawful content, or malware will be disqualified.
3. Prize
3.1 One (1) winner will receive:
- (a) one Water Witch 5 m (product code WLWCSA05), valued at over AU$900 (RRP); and
- (b) a feature of one or more of their submitted photos on the Water Witch sensor’s printed label.
3.2 The prize is non-transferable and cannot be exchanged for cash or store credit. The Water Witch will be delivered to an address nominated by the winner within five (5) business days of the winner being announced or, for a replacement winner under clause 8, within five (5) business days of them being notified.
3.3 The feature in clause 3.1(b) is subject to sections 9 and 10 of the Policy. If Cooke Industries stops using a photo under either of those sections, it is not required to provide a substitute feature or any other compensation.
4. How to Enter
4.1 Entrants may submit one or more photos using any of the following methods:
- (a) email the photos to marketing@cookeindustries.com.au; or
- (b) publish an Instagram post featuring the photos, use the hashtag #PoolWaterWitch, and tag Cooke Industries (@cookeindustries).
4.2 Cooke Industries may request higher-resolution versions of the winning entry’s photos for promotional and commercial use. The winner must provide any higher-resolution versions reasonably available to them upon request.
4.3 A complete entry includes, at a minimum, the photo(s) of adequate quality, the business name, and a valid contact email or business Instagram account. Entrants may also nominate the name in which they wish to be credited and, if different, the name of the copyright owner of each photo.
5. Opening and Closing Dates
5.1 Entries open from publication of these Terms & Conditions.
5.2 Entries must be received by 4:00 pm AEDT on Friday 30 October 2026. Incomplete or late entries will be deemed ineligible.
6. Judging and Winner
6.1 Entries will be judged on visual appeal and photo quality. Both professional and amateur photography are welcome. The winner will be selected by Cooke Industries, and the judges’ decision will be final, subject to applicable law.
6.2 The winner will be notified via nominated email address, or where the entry was submitted through Instagram, a direct message on the platform.
6.3 A public announcement of the winner will occur on Monday 2 November 2026 through Cooke Industries’ social media channels.
6.4 Cooke Industries is not an independent judging body. However, all entries will be assessed solely against the criteria set out above, based on the content and quality of the photo(s). The identity of the entrant and any prior relationship with Cooke Industries will not be considered in the assessment.
6.5 Entrants who are not selected as the winner may be invited, after the winner is determined, to grant Cooke Industries usage rights in their photo(s) under section 8 of the Policy. This is entirely optional, and entrants may decline without any consequence.
7. Image Rights for this Competition
7.1 By entering, the entrant permits Cooke Industries to use, reproduce and display the submitted photos for the purpose of assessing entries and administering the competition.
7.2 As a condition of receiving the prize, the winner grants Cooke Industries the licence in section 7 of the Policy over the photos in the winning entry, to promote the Water Witch and any related products and services. This includes the feature in clause 3.1(b) and the announcement in clause 6.3.
7.3 If the winner does not agree to the licence in clause 7.2, Cooke Industries may treat the prize as forfeited and select another winner under clause 8.
7.4 Entering does not grant Cooke Industries the licence in section 7 of the Policy over the photos of any entrant who is not the winner. Those entrants are not required to grant it.
8. Replacement Winner and Prize Return
8.1 If Cooke Industries reasonably determines, following an objection under section 10 of the Policy, that a genuine rights issue prevents it from lawfully continuing to use a photo from the winning entry, it may disqualify that entry and select another winner from the remaining eligible entries, applying the same judging criteria set out in these Terms & Conditions.
8.2 The original winner must return the Water Witch, or its standard trade price as at 22 October 2026 if it cannot be returned, within 14 days of notice. The feature in clause 3.1(b) immediately ends.
8.3 Any replacement winner will be notified in accordance with clause 6.2 and will receive the prize in clause 3.
9. Disqualification and Prize Withdrawal
9.1 Cooke Industries reserves the right to verify entries and to disqualify an entrant or refuse, withdraw or require the return of a prize, including after a winner has been selected or announced, where Cooke Industries reasonably determines that:
- (a) the entrant has breached these Terms & Conditions or the Policy, including the warranty in section 5 of the Policy;
- (b) the entry or the entrant’s participation involves fraud, deception or dishonest conduct, including where a business has been established primarily or solely to enter the competition;
- (c) the entrant has provided false, misleading or inaccurate information or otherwise misrepresented their eligibility or entry;
- (d) any submitted photo is AI-generated, sourced from stock imagery, or otherwise depicts a pool, project or subject that is not genuinely associated with the entrant’s business or does not meet the requirements of these Terms & Conditions or the Policy;
- (e) the entrant has engaged in unlawful conduct or conduct reasonably likely to cause serious reputational harm to Cooke Industries, its related entities, employees or representatives, including unlawful defamation or harassment; or
- (f) the entrant is otherwise found to be ineligible to participate.
9.2 Where a prize has already been awarded and is subsequently withdrawn under this clause, Cooke Industries may require the Water Witch to be returned or, where legally recoverable, recover its standard trade price as at 22 October 2026 from the entrant.
10. Dispute Resolution
10.1 The entrant and Cooke Industries agree to make a genuine and reasonable attempt to resolve any dispute arising from these Terms & Conditions through good-faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to attempt mediation with an impartial third-party mediator before commencing legal proceedings, except where urgent legal action is reasonably required or otherwise permitted by law.
10.2 These Terms & Conditions are governed by the laws of Victoria. Subject to clause 10.1, each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth courts sitting there.
11. General
11.1 Any changes to or cancellation of the competition will be handled in accordance with applicable law.
11.2 Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified.