Conditions of Entry for the ‘Tell us your favourite baked treat’ to win a Fairy Cookbook Competition

Information on how enter and Prize information form part of these Conditions of Entry.

1. Entry into this Promotion is deemed to be acceptance of these Conditions of Entry.

2. This is a game of skill only and chance plays no part in determining the winner.

3. The Promoter is:   Peerless Holdings Pty Ltd ACN 004 280 979 trading as Peerless Foods of 21 Evans Street, Braybrook, Victoria, 3019 (Promoter).

4. Entrants are responsible for ensuring their familiarity with these Conditions of Entry at the time of participation.  The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Conditions of Entry generally.

5. If an entrant selected as a winner is found to be in breach of these Conditions of Entry as determined by the Promoter in its sole discretion, a new winner may be selected and, in the event that the entrant in breach of these Conditions has been awarded the Prize, the entrant may be required to return a Prize or reimburse the value of a Prize to the Promoter.

6. Entry in the Promotion is only open to Australian residents that are aged 18 years or over excluding:

(a) management, employees, directors and contractors of the Promoter, its related entities, firms or companies associated with the Promotion (including suppliers of Prizes);

(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 6(a) of these Conditions of Entry;

(c) persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and

(d) persons who have previously  breached the terms and conditions of any promotion run by or on behalf of the Promoter,

(Eligible Entrants). The persons referred to in paragraph 6(b) of these Conditions of Entry include natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

PROMOTION PERIOD

7. The Promotion will be open from 09:00 AEST on 09/08/2016 until 23:59AEST on 23/08/2016 (Promotion Period).

HOW TO ENTER

8. Entry to the Promotion is via the internet (Facebook).

9. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
(a) Like our Facebook page: https://www.facebook.com/FairyBakingAustralia
(b) Tell us your favourite treat that grandma used to make and why in the comments section of the competition post.
(c) Tag a family member or friend to see what they think!

10. All entries must include all mandatory information as indicated in paragraph 9(a, b and c).  All entries must be original and must not incorporate material which has been previously published. Incomplete entries or those which, in the opinion of the Promoter, infringe the intellectual property rights of any third party, contain any objectionable content, profanity or are potentially insulting, inflammatory or defamatory will be ineligible to win a prize.

11.  Eligible Entrants may enter the Promotion once only.

12. Eligible Entrants can only enter the Promotion in their own name.

13.  The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.

14.  The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means invalid.

15. Entries are deemed to be received at the time of receipt into the Promoter’s Facebook page.

16.  The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period.  No responsibility will be taken for lost, late or misdirected entries.

VERIFICATION

17. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize (if chosen) and compliance with these Conditions of Entry.

18. If the items required by the Promoter are not received or an Eligible Entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed as invalid.

19. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.  In the event that the Eligible Entrant cannot provide suitable validation or verification, that Eligible Entrant will forfeit their Prize and no substitute prize will be offered.

ASSESSMENT OF ENTRIES AND PRIZE INFORMATION

20. Entries not completed in accordance with the Conditions of Entry or received after the Promotion Period will not be considered.

21. All eligible entries will be assessed in the judging process.  Prizes will be awarded to Eligible Entrants who have provided the most creative and original entries.

22. Judging of all eligible entries received during the Promotion Period will take place at the following times:
– 12:00 noon AEST on Tuesday 30/08/2016 (Judging Date)

23. All judging will take place at the offices of the Promoter.  Judging will be conducted by at least two (2) representatives of the Promoter.

24. The top 100 most creative entries win a Fairy Cookbook valued at $14.95 RRP.

25. Total value of prizes to be awarded will be $1,495 RRP (including GST).

26. Prize winners must, if requested by the Promoter, agree to and sign:

(a)  an eligibility form confirming their compliance with these Conditions of Entry and eligibility to accept a Prize and/or participate in a Prize; and

(b)  a liability release, waiver and/or indemnity in respect of their participation in a Prize, in a form determined by the Promoter and in favour of the Promoter and/or any person or other entity associated with this Promotion or a Prize.

27. A person who does not comply with the condition in paragraph 26 forfeits their Prize and/or right to participate in a Prize.

28. The Promoter reserves the right to verify the validity of all entries and to disqualify any Eligible Entrant for:

(a) tampering with the entry process;

(b) tampering with the operation of the Promotion;

(c) acting in violation of these terms and conditions; and/or

(d) acting in a disruptive manner.

29. The Promoter’s decision in relation to any aspect of the Promotion is final and binding on every person who enters. No correspondence will be entered into.

30. In the event for any reason a winner does not take an element of a Prize at the time stipulated by the Promoter or the supplier of the Prize then that element of the Prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the Prize.

31. The Promoter is not responsible for any costs incurred by a Prize winner in taking a Prize.  Any ancillary costs associated with redeeming a Prize, , are not included.

32. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a Prize.

33. Prizes are not transferable. Prizes cannot be exchanged, redeemed for cash or sold at auction.  Prizes must be taken as offered, unless otherwise specified, and may not be varied.

34. The Promoter shall not be liable for the Prizes being lost, stolen, damaged or tampered with in any way before they reach the winners or after they have been released to the winners.

35. The Promoter accepts no responsibility for any variation in the value of the Prizes from the time of printing the Promotion materials.

36. If the Promoter is unable to provide a winner(s) with a nominated Prize, the Promoter reserves the right to supply an alternative Prize of similar monetary value to the nominated Prize, subject to any directions given by State and / or Territory Gaming Departments.

37. Acceptance and use of the Prizes is subject to terms and conditions imposed by those involved in providing goods and / or services as part of or in connection with the Prizes.

38. If more than one person attempts to claim a Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

NOTIFICATION OF WINNERS

39. The Prize winner will be notified via Facebook post and Facebook message if available.

40. The Prize will be delivered to the residential address as advised by the respective Prize winner.

GENERAL

41. Each Eligible Entrant warrants to the Promoter that the entry submitted is an original literary work of the Eligible Entrant that does not infringe the intellectual property rights of any third party.

42. The Promoter can use the Fairy Margarine caption image submitted by an entrant for the Promoter’s future promotional material and each entrant expressly grants a license to the Promoter to edit and republish any material submitted as part of an entrant’s entry.

43. Eligible Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

44. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome).

45. Prize winners must, at the Promoter’s request, participate in any Promotion activity (such as publicity and photography) relating to the winning of a Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.

46. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion.

47. The:

(a) Promoter, the Promoter’s related entities and all agencies associated with the Promotion; and

(b) employees, agents, directors and contractors, of all entities referred to in paragraph 47(a),

shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

48. Any attempt to deliberately undermine the legitimate operation of this 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.

49. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

50. By entering and participating, an entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Promotion, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).

PERSONAL INFORMATION

51. All information Eligible Entrants provide (Personal Information) may be used by the Promoter for the purposes of:
(a) conducting this Promotion; and
(b) for the current and future promotional and marketing purposes of the Promoter, the Promoter’s [related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter (Bwired Group Pty Ltd).

52. The Promoter may disclose Eligible Entrants’ Personal Information to its contractors and agents to assist in conducting this Promotion and to Australian regulatory authorities as required.

53. Eligible Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address set out in paragraph 3.  Should an Eligible Entrant’s contact details change during the Promotion Period, it is the Eligible Entrant’s responsibility to notify the Promoter.

54. All Personal Information will be securely stored by the Promoter.

55. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.