S26 Gold – Win a Breville All in One Stick Mixer valued at $199.95
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Aspen Nutritionals Australia Pty Ltd (ABN 31 160 607 509) of 34-36 Chandos Street, St Leonards, NSW 2065 (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or older who are parents or carers of a child who is over the age of one (1) year old at the time of entry. All entrants must have a Facebook account in order to access the entry page.
4. Employees of the Promoter (and their immediate families), and 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.
5. Promotion commences at 4.00pm AEST on 30/06/2014 and ends at 11.59pm AEST on 27/07/2014 (“Promotional Period”). The Promotional Period is composed of three (3) “Entry Periods”, as indicated below. The judging for each Entry Period (in accordance with clause 12), will take place from 11am AEST at Aspen Nutritionals, 33 Chandos Street, St Leonards NSW 2065 on dates also specified below.
4.00pm AEST on 30/06/14
11.59pm AEST on 13/07/14
4.00pm AEST on 30/06/14
11.59pm AEST on 20/07/14
4.00pm AEST on 30/06/14
11.59pm AEST on 27/07/14
6. To enter, individuals must complete the following steps during the Promotional Period:
(a) visit the S26 Gold Toddler Facebook Page at https://www.facebook.com/S26GoldToddler (“Facebook Page”);
(b) follow the prompts to the “That’s Yummy Mummy” promotional application;
(c) input the requested details as prompted including their first and last name, suburb and State/Territory, recipe (in 100 words or less) and upload a photo of their own original healthy toddler dish creation; confirm their child is 1 year old or older;
(d) read and accept these Terms and Conditions; and
(e) submit the fully completed entry form.
Uploaded photo files must be submitted in JPG or PNG format, must be at least 1200 pixels (wide) x 800 pixels (high) and must not exceed 10MB file size.
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and 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 or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. Limit one (1) prize per person.
11. The winners will be notified by email.
12. This is a game of skill and chance plays no part in determining the winners. Each entry (i.e. toddler dish photo together with the recipe) will be individually judged based on creativity, healthiness of the dish and suitability of the dish for toddlers. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The best five (5) valid entries (subject to clause 10), as determined by the judges, for each of the three (3) Entry Periods will each win an Breville the All in OneTM stick mixer (model no. BSB530) valued at $199.95. A total of fifteen (15) prizes will be awarded in total for this promotion. Winning entries from one Entry Period, will not be judged in determining the winner for any subsequent Entry Period/s.
15. Winners for each Entry Period will be published on the Facebook Page the week following the relevant Judging Date.
16. If for any reason a winner does not take/redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
18. Total prize pool value is $2,999.25.
19. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall 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. Entrants warrant and agree that.
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original artistic/literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
21. As a condition of entering this promotion, entrants agree to assign all of their rights, title and interest (including copyright) in and to their entry (which shall include Content) to the Promoter, and to execute any documents to confirm such assignment. Entries will not be returned to any entrant. For the sake of clarity, the Promoter may at its discretion modify any photos and recipes provided by entrants and use such photos/recipes for promotional and marketing purposes.
22. 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.
23. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
24. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
25. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes 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 the promotion.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim 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) use of a prize.
27. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on his or her behalf.
29. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
30. This 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. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.