Acceptance of Terms and Conditions These Terms and Conditions provide information about the Oak Flavour Generator Competition (the Promotion), including details regarding the entry requirements, the selection of finalists and the voting process. Participation in the Promotion is deemed acceptance of these Terms and Conditions and these Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communications relating to the Promotion by the promoter. Promoter The promoter is Lactalis Australia Pty Ltd ABN 56 072 928 879 of Level 5, 35 Boundary Street, South Brisbane, Qld 4101 telephone 1800 676 961 (Promoter). Eligibility Entry is only open to Australian residents who are currently residing in Australia and are aged 18 years old and over. Employees (and their immediate families) of the Promoter and agencies associated with the 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. Entry Requirements Entrants can enter the Promotion between 9:00am AEDST on 1 January 2021 and 11:59pm AEDST on 7 February 2021 (Entry Period). Subject to compliance with these Terms and Conditions, each entrant will have the opportunity to become the ultimate winner of the Promotion (the Oak Promotion Winner). To enter, individuals must complete the following steps during the Entry Period: go to www.oakflavourgenerator.com.au; create their own special Oak milk flavour mix by selecting up to 3 flavours from the list of 20 flavours on the website (Oak Promotion Flavour Mix); suggest an original and imaginative name for their Oak Promotion Flavour Mix; explain in 100 words or less the inspiration for their Oak Promotion Flavour Mix and the name; provide their full name, the State or Territory they live in, date of birth, mobile phone number and email address in the online entry form; and complete all other required fields in the online entry form. (the Promotion Requirements) The flavours from which entrants are able to choose when submitting their entries will be based on flavourings that can be used to create flavoured milk products and not actual ingredients i.e. raspberry flavour will be raspberry flavouring and not actual raspberries, and coffee flavour will be a coffee flavouring not actual coffee. Entries must be received by the Promoter during the Entry Period. Online entries are deemed to have been received at the time of receipt into the Promotion database and not at the time of transmission by the entrant. Each entrant warrants to the Promoter that the entry they submit is an original literary work of the entrant that does not infringe on the rights of any third party. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the Promotion Requirements (“Content”). The Promoter will not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entries must comply with applicable laws and regulations and must not contain prohibited, inappropriate or unlawful content. Any entrant that submits such content will not be eligible to win. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. Incomplete or indecipherable entries will be deemed invalid. It is a condition of entry that an entrant, if chosen to advance to the final round, will participate in a photoshoot organised by the Promoter. Multiple entries are permitted subject to the following: each entry must be submitted separately and in accordance with these Terms and Conditions; a maximum of three (3) entries are permitted per person per day; no entrant may win more than one (1) prize or be selected as a finalist more than once; and the use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that method or entrant invalid. Intellectual Property The Promoter will own the intellectual property rights to the Content. Upon entry into the Promotion, the intellectual property rights associated with the Content is assigned to the Promoter. An entrant will not be eligible to proceed to the final round unless the entrant provides any further reasonable assistance to the Promoter that may be required in assigning the intellectual property rights associated with their entry (such as signing legal documents). Each entrant warrants to the Promoter that the Content they submit is an original literary work of the entrant that does not infringe on the rights of any third party.
It is a condition of entry that each entrant consents to the use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrants that they have the full authority to grant these rights. Promoter Review The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and State or Territory of residence). If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process, engaged in any unlawful conduct or other improper misconduct calculated to jeopardise fair and proper conduct of this Promotion, or published any disparaging remarks about the Promoter or the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The entrants agree that they have not and will not publish, including on the Promoter’s social media channels, disparaging or defamatory remarks about the Promoter or its products. If the Promoter, in its absolute discretion, decides that a winner has breached this condition, that entrant’s entitlement to be selected or announced as a finalist may be cancelled and a substitute finalist chosen on the same basis. The entrants agree to participate in a promotional photoshoot if required by the Promoter. Selection of Finalists This Promotion is a game of skill and chance plays no part in determining the finalists or winners. The Promoter or its agent will select 3 entries out of the valid entries to participate in the final round (Finalist). Finalist Prize Each Finalist’s Prize comprises: subject to any restrictions imposed on intra and inter-state travel due to the COVID-19 pandemic, a trip to Brisbane, Sydney or Melbourne (at the Promoter’s discretion), on a business day in February 2021 to take part in a photo shoot with the 2 other finalists, with flights, accommodation (where return flights cannot be booked on the same day), transfers to and from the airports, and meals and beverages (up the value of $2000 excluding GST) booked and paid for by the Promoter; in the event that travel to the photo shoot is not permitted due to the restrictions considered in clause 8.1(a) above, the Promoter will organise, at its discretion, and within government guidelines, an alternate photo shoot which each Finalist must take part in; their first name and image (from the photoshoot) being used to promote their Oak Promotion Flavour Mix; subject to clause 6 their Oak Promotion Flavour Mix being manufactured, marketed and sold in stores for the period 26 April 2021 up to an including 31 October 2021. The Finalists’ Prize does not include: any other travel costs including excess baggage; any revenue or royalties from the sale of the Oak Promotion Flavour Mix. Each valid entry will be individually judged by the Promoter or its agent based on, among other things: the originality and creative merit of the entry provided in response to the Promotion Requirements, including the things listed in (b) – (d) below the flavour mix taste, including how different the flavour mix is to other flavoured milk varieties on the market and how palatable the taste is; the creativeness of the submitted name; the inspiration for the particular flavour combination and the submitted name. If any entrants create the same Oak Promotion Flavour Mix with the same suggested name, the Promoter may choose one entry over the others, in its absolute discretion. As a condition of accepting the Finalist Prize, the Finalist must sign any legal documentation as, and in the form, required by the Promoter and prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. Final Round Entrants selected to participate in the final round will be notified within 7 days after the end of the Entry Period by email and phone to the email address and phone number that they provided with their entry. In order to progress to the final round, the notified entrant must: accept the offer in writing in the manner prescribed by the Promoter in its notification to progress to the Final round within 7 days of the date of notification; provide proof of identity documents (including a driver’s licence and passport) to the Promoter; undergo any background checks and reference checks required by the Promoter; take part in a photo shoot as required by the Promoter, which is part of the Finalist’s prize; comply with all reasonable directions of the Promoter with respect to the photoshoot and attendance at the Promoter’s premises including workplace health and safety requirements; enter into a “Deed of Consent, Assignment and Release” with the Promoter on terms satisfactory to the Promoter, acting reasonably. If the selected entrant: does not accept the offer to progress to the final round within 7 days; receives results of any background checks or reference checks which are unsatisfactory to the Promoter in its absolute discretion; or fails at any time to comply with the Promoter’s directions, or acts in an anti-social, risky or offensive manner, when attending the Promoter’s premises or the photoshoot, then the Promoter reserves the right to disqualify and immediately exclude the selected entrant and select a replacement.