Win 1 of 50 $100 entertaining gift cards! Obela Australia
Promoter
Obela Australia
States
Australia
OBELA PROMOTION
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of Entry (defined in clause 6) and the prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry.
ELIGIBILITY
2. Entry is only open to residents of Australia aged 13 years or older. Individuals must have a Facebook account to access the Promotional Page (defined in clause 6).
3. Judges (and their immediate families) and the directors, management and employees (and their immediate families) of the Promoter and each of their related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
4. Entrants between the ages of 13 and up to but not including 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All Entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If any prize winner is aged less than 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner, at the sole discretion of the Promoter.
PROMOTIONAL PERIOD
5. The promotion commences at 10am (AEDST) on the 14th March 2016 and closes at 11:59pm (AEST) on the 3rd April 2016 (Promotional Period).
HOW TO ENTER
6. To enter the promotion, Entrants must, during the Promotional Period, complete an entry in the manner required as set out below:
a. visit the Promoter’s page on Facebook at www.facebook.com.au/obelaAU (Promotional Page);
b. follow the prompts to the ‘WIN 1 of 50 Coles, IGA or Woolworths $100 Gift Cards” promotional application on the Promotional Page;
c. fully and correctly complete the online entry form in the manner required, including providing the Entrant’s full name, date of birth, residential address, current and valid email address;
d. share an example of the delicious food they serve up when entertaining by either: (i) providing a written example in 25 words or less; OR (ii) providing an example in the form of one (1) photograph; OR (iii) providing an example in the form of one (1) video (each Content). For the sake of clarity, individuals can only submit one (1) type of Content as part of their entry (i.e. a written response OR a photo OR a video). Uploaded photo files, if submitted, must be submitted in JPG or PNG format. Uploaded video files, if submitted, must be submitted in FLV or MP4 format, and must be no longer than 2 minutes in length. All uploaded files together must not exceed 10MB;
e. pecify whether they would like to receive a Woolworths, Coles or IGA Gift Card in the event they are a winner;
f. submit the fully completed entry form; and then
g. once the entry form has been received by the Promoter, the Entrant will receive an email from the Promoter confirming their entry have been received and is valid. An entry is not complete and accepted until this step has occurred (together, an “Entry”).
7. Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique; (b) each entry must be submitted separately and must independently comply with these Conditions of Entry; and (c) only only one (1) prize permitted per person.
8. Entrants acknowledge that their Entry and/or their Facebook account username and/or profile photograph will be featured on the Promotional Page for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). A selected Entry may be posted on the Promotional Page for the length of the Promotional Period. Entrants also acknowledge that their Facebook profile, wall and/or news feed (as applicable) may be updated by entering the promotion via Facebook and their Entry may be featured generally on their Facebook platform. Once an Entry is completed, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
9. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights (defined in clause 35) of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials, unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of this promotion. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into.
10. Any valid Entry automatically grants the Promoter the right to use the Entry (i.e. the Content) in media during the Promotional Period (prior to and after the judging date) for promotional purposes (e.g Sharing on the Promotional Page). The usage of such an Entry should not be treated as an indication of likelihood of winning.
11. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected Entries.
12. Costs associated with accessing Facebook to enter the promotion remain an Entrant’s responsibility and may vary depending on the Internet service provider used.
13. Facebook pages and use of the platform generally are subject to its prevailing terms and conditions of use available at www.facebook.com/policies. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook.
JUDGING
14. All eligible Entries will be judged by a panel of appropriately qualified judges by 11:59pm AEST on the 12th April 2016 at Obela Fresh Dip & Spreads, Suite 11.04 4, Level 11, 20 Berry Street, North Sydney NSW 2060, Australia to determine fifty (50) winners judged to be the best from all eligible Entries received during the Promotional Period. All eligible Entries will be judged on a basis of originality, literary merit (if applicable) and creative merit of the Content submitted, as well as how well the Content demonstrates the delicious food the Entrant serves when entertaining. This is a game of skill and chance plays no part in determining the winners.
15. Winners will be notified by 15th April 2016 in writing via email and invited to contact the Promoter via the Promoter’s email address in order to provide their full name, residential address, contact telephone number and current and valid email address to the Promoter to claim their prize. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
PRIZES
16. The fifty (50) Entrants who submitted the best judged Entries will each win a $100 Gift Card to the supermarket selected on their Entry (i.e. either Coles, Woolworths or IGA).
CONTENT OBLIGATIONS
17. Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1) or more of the following content types will not be accepted as eligible Entries into the promotion:
content that does not strictly comply with the Entry requirements as set out in these Conditions of Entry and/or on the Promotional Page;
content that contains, depicts, alludes to or promotes offensive, lewd or illegal behaviour or any swearing, alcohol or smoking;
content that parodies, disparages or makes fun of in any way the Promoter;
content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
content that harasses or advocates harassment of another person;
content that exploits people in a sexual or violent manner;
content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
content that solicits Personal Information (defined in clause 35) from anyone;
content that provides any telephone numbers, street addresses, last names, URLs or email addresses;
content that promotes information that an Entrant knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
content that involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, instant messaging or "spamming";
content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
content that involves commercial activities and/or sales without the Promoter’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information;
content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
content that includes an image or reference to another person that you have submitted without that person's consent; or
content that uses sexually suggestive imagery or any unfair, misleading or deceptive content.
18. By entering this promotion, an Entrant warrants to the Promoter:
a. that the Entry submitted is original;
b. that they have the authority and all permissions necessary to submit their Entry;
c. that they own the content of their Entry for use in any manner in any media and in any form worldwide and have the right to assign such copyright ownership in perpetuity to the Promoter;
d. that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including, but not limited to, Intellectual Property Rights) of any person, corporation or entity;
e. in respect of Entries that include images or references to third parties or third party property, that they have, before submitting their Entry, obtained the required written consents and releases from those third parties (or third party property owners) to include such images or references in their Entry and submit that Entry into this promotion;
f. in respect of Entries that include images or references to third parties, that the third party participant has been informed by the Entrant and agrees in writing that such third party participant’s image or reference may be used and sold by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicizing or marketing this promotion (including any outcome), promoting any products and services manufactured, distributed and/or supplied by the Promoter;
g. that their Entry does not contain content that is illegal, contrary to any Laws (defined in clause 35), indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
h. that their Entry does not contain content that is contrary to the requirements or directions of relevant Regulators (defined in clause 35);
i. that their Entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
j. that their Entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information;
k. that their Entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
l. that during the course of creating their Entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; and
m. that the Entrant agrees that if their Entry is accepted by the Promoter, it may be made available on the Promotional Page for public viewing, and that their Entry may be used by the Promoter in any media and in any form for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising and/or marketing this promotion (including any outcome) and/or promoting any products and services manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally.
n. Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses (defined in clause 35) arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, willful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
20. By entering this promotion, Entrants absolutely and unconditionally assign to the Promoter (and agree to use their best endeavors to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the moral rights provisions in the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat an Entrant’s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
21. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period use of the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to submit their Entry in the manner required.
22. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Page in accordance with its prevailing terms and conditions of use. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purpose of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
23. A Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to the Promoter in respect of any Entry. Except for Regulators, Notifications must be submitted to the Promoter in accordance with the process advised by the Promoter on the Promotional Page. If, during the Promotional Period, the Promoter receives a Notification in respect of any Entry, the Promoter will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant contribution should be removed. The Entrant acknowledges and agrees that the Promoter may, without any liability, take any steps necessary in order to respond or comply with a Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Entrant.
GENERAL
24. Total prize pool value is AUD$5,000. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
25. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.
26. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) submitting an Entry which is not in accordance with these Conditions of Entry; (b) tampering with the Entry process; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. A prize will only be awarded following any Entrant validation and verification that the Promoter requires in its sole discretion.
27. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
28. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Page or the information on the Promotional Page, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
29. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
30. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to the promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize s; and/or (iv) acceptance and/or use of any prize.
31. If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes.
32. As a condition of entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicizing or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
33. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at Suite 11.04 4, Level 11, 20 Berry Street, North Sydney NSW 2060, Australia. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter. The Privacy Policy also contains information about how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
34. By entering the promotion and opting-in in the manner required on the online entry form, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (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 whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion and opting-in, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
35. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or New Zealand or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian and New Zealand generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and w
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CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of Entry (defined in clause 6) and the prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry.
ELIGIBILITY
2. Entry is only open to residents of Australia aged 13 years or older. Individuals must have a Facebook account to access the Promotional Page (defined in clause 6).
3. Judges (and their immediate families) and the directors, management and employees (and their immediate families) of the Promoter and each of their related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
4. Entrants between the ages of 13 and up to but not including 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All Entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If any prize winner is aged less than 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner, at the sole discretion of the Promoter.
PROMOTIONAL PERIOD
5. The promotion commences at 10am (AEDST) on the 14th March 2016 and closes at 11:59pm (AEST) on the 3rd April 2016 (Promotional Period).
HOW TO ENTER
6. To enter the promotion, Entrants must, during the Promotional Period, complete an entry in the manner required as set out below:
a. visit the Promoter’s page on Facebook at www.facebook.com.au/obelaAU (Promotional Page);
b. follow the prompts to the ‘WIN 1 of 50 Coles, IGA or Woolworths $100 Gift Cards” promotional application on the Promotional Page;
c. fully and correctly complete the online entry form in the manner required, including providing the Entrant’s full name, date of birth, residential address, current and valid email address;
d. share an example of the delicious food they serve up when entertaining by either: (i) providing a written example in 25 words or less; OR (ii) providing an example in the form of one (1) photograph; OR (iii) providing an example in the form of one (1) video (each Content). For the sake of clarity, individuals can only submit one (1) type of Content as part of their entry (i.e. a written response OR a photo OR a video). Uploaded photo files, if submitted, must be submitted in JPG or PNG format. Uploaded video files, if submitted, must be submitted in FLV or MP4 format, and must be no longer than 2 minutes in length. All uploaded files together must not exceed 10MB;
e. pecify whether they would like to receive a Woolworths, Coles or IGA Gift Card in the event they are a winner;
f. submit the fully completed entry form; and then
g. once the entry form has been received by the Promoter, the Entrant will receive an email from the Promoter confirming their entry have been received and is valid. An entry is not complete and accepted until this step has occurred (together, an “Entry”).
7. Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique; (b) each entry must be submitted separately and must independently comply with these Conditions of Entry; and (c) only only one (1) prize permitted per person.
8. Entrants acknowledge that their Entry and/or their Facebook account username and/or profile photograph will be featured on the Promotional Page for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). A selected Entry may be posted on the Promotional Page for the length of the Promotional Period. Entrants also acknowledge that their Facebook profile, wall and/or news feed (as applicable) may be updated by entering the promotion via Facebook and their Entry may be featured generally on their Facebook platform. Once an Entry is completed, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
9. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights (defined in clause 35) of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials, unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of this promotion. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into.
10. Any valid Entry automatically grants the Promoter the right to use the Entry (i.e. the Content) in media during the Promotional Period (prior to and after the judging date) for promotional purposes (e.g Sharing on the Promotional Page). The usage of such an Entry should not be treated as an indication of likelihood of winning.
11. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected Entries.
12. Costs associated with accessing Facebook to enter the promotion remain an Entrant’s responsibility and may vary depending on the Internet service provider used.
13. Facebook pages and use of the platform generally are subject to its prevailing terms and conditions of use available at www.facebook.com/policies. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook.
JUDGING
14. All eligible Entries will be judged by a panel of appropriately qualified judges by 11:59pm AEST on the 12th April 2016 at Obela Fresh Dip & Spreads, Suite 11.04 4, Level 11, 20 Berry Street, North Sydney NSW 2060, Australia to determine fifty (50) winners judged to be the best from all eligible Entries received during the Promotional Period. All eligible Entries will be judged on a basis of originality, literary merit (if applicable) and creative merit of the Content submitted, as well as how well the Content demonstrates the delicious food the Entrant serves when entertaining. This is a game of skill and chance plays no part in determining the winners.
15. Winners will be notified by 15th April 2016 in writing via email and invited to contact the Promoter via the Promoter’s email address in order to provide their full name, residential address, contact telephone number and current and valid email address to the Promoter to claim their prize. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
PRIZES
16. The fifty (50) Entrants who submitted the best judged Entries will each win a $100 Gift Card to the supermarket selected on their Entry (i.e. either Coles, Woolworths or IGA).
CONTENT OBLIGATIONS
17. Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1) or more of the following content types will not be accepted as eligible Entries into the promotion:
content that does not strictly comply with the Entry requirements as set out in these Conditions of Entry and/or on the Promotional Page;
content that contains, depicts, alludes to or promotes offensive, lewd or illegal behaviour or any swearing, alcohol or smoking;
content that parodies, disparages or makes fun of in any way the Promoter;
content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
content that harasses or advocates harassment of another person;
content that exploits people in a sexual or violent manner;
content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
content that solicits Personal Information (defined in clause 35) from anyone;
content that provides any telephone numbers, street addresses, last names, URLs or email addresses;
content that promotes information that an Entrant knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
content that involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, instant messaging or "spamming";
content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
content that involves commercial activities and/or sales without the Promoter’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information;
content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
content that includes an image or reference to another person that you have submitted without that person's consent; or
content that uses sexually suggestive imagery or any unfair, misleading or deceptive content.
18. By entering this promotion, an Entrant warrants to the Promoter:
a. that the Entry submitted is original;
b. that they have the authority and all permissions necessary to submit their Entry;
c. that they own the content of their Entry for use in any manner in any media and in any form worldwide and have the right to assign such copyright ownership in perpetuity to the Promoter;
d. that their Entry does not violate the privacy rights, copyright, contract rights or other rights (including, but not limited to, Intellectual Property Rights) of any person, corporation or entity;
e. in respect of Entries that include images or references to third parties or third party property, that they have, before submitting their Entry, obtained the required written consents and releases from those third parties (or third party property owners) to include such images or references in their Entry and submit that Entry into this promotion;
f. in respect of Entries that include images or references to third parties, that the third party participant has been informed by the Entrant and agrees in writing that such third party participant’s image or reference may be used and sold by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation to the third party participant for the purpose of promoting, publicizing or marketing this promotion (including any outcome), promoting any products and services manufactured, distributed and/or supplied by the Promoter;
g. that their Entry does not contain content that is illegal, contrary to any Laws (defined in clause 35), indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
h. that their Entry does not contain content that is contrary to the requirements or directions of relevant Regulators (defined in clause 35);
i. that their Entry does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
j. that their Entry does not contain content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information;
k. that their Entry does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
l. that during the course of creating their Entry, their conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory or harassing to any person; and
m. that the Entrant agrees that if their Entry is accepted by the Promoter, it may be made available on the Promotional Page for public viewing, and that their Entry may be used by the Promoter in any media and in any form for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising and/or marketing this promotion (including any outcome) and/or promoting any products and services manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally.
n. Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses (defined in clause 35) arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, willful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and any claim or allegation that the Entrant’s Entry infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
20. By entering this promotion, Entrants absolutely and unconditionally assign to the Promoter (and agree to use their best endeavors to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the moral rights provisions in the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat an Entrant’s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
21. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period use of the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to submit their Entry in the manner required.
22. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted on the Promotional Page in accordance with its prevailing terms and conditions of use. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purpose of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
23. A Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to the Promoter in respect of any Entry. Except for Regulators, Notifications must be submitted to the Promoter in accordance with the process advised by the Promoter on the Promotional Page. If, during the Promotional Period, the Promoter receives a Notification in respect of any Entry, the Promoter will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant contribution should be removed. The Entrant acknowledges and agrees that the Promoter may, without any liability, take any steps necessary in order to respond or comply with a Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Entrant.
GENERAL
24. Total prize pool value is AUD$5,000. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
25. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.
26. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) submitting an Entry which is not in accordance with these Conditions of Entry; (b) tampering with the Entry process; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. A prize will only be awarded following any Entrant validation and verification that the Promoter requires in its sole discretion.
27. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
28. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Page or the information on the Promotional Page, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
29. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
30. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to the promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize s; and/or (iv) acceptance and/or use of any prize.
31. If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes.
32. As a condition of entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicizing or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
33. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at Suite 11.04 4, Level 11, 20 Berry Street, North Sydney NSW 2060, Australia. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter. The Privacy Policy also contains information about how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
34. By entering the promotion and opting-in in the manner required on the online entry form, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (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 whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion and opting-in, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
35. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or New Zealand or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian and New Zealand generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and w
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