Aussie Summer Stonefruit – (submit photo) Win $10,000 diamond plus weekly prizes of case of Australian Summer Stonefruit

GOOD NEWS STONEFRUIT LOVERS! Our WIN A $10,000 STONE OR WEEKLY STONEFRUIT TRAY competition has begun! Simply show us your creative stonefruit photo!

Information on how to enter and prize details form part of these Terms and Conditions (“Conditions”). Submission of an entry constitutes acceptance of these Conditions. Entries not completed in accordance with these Conditions will be ineligible.

The Promoter is Horticulture Australia Ltd., Level 7, 179 Elizabeth Street, Sydney NSW 2000 (“Promoter”).

Entry is only open to Australian residents aged 18 years or over. Individuals must have a Facebook account in order to access the promotional application and submit an entry (“Entrant”). Entrants must submit an entry in accordance with these Conditions.

Employees (and their immediate family) of the Promoter, related companies and agencies associated with the Promotion are ineligible to enter. Immediate family means any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, aunt, uncle, niece, nephew, sister, brother, step-sister, step-brother or 1st cousin.

Promotion commences at 12.01am AEDST on 02/12/2013 and ends at 11.59pm AEDST on 07/02/2014 (“Promotion Period”)

To be eligible to enter, an individual must, during the Promotion Period, take (or have someone take on their behalf) a sparkling, creative photograph of Australian Summer Stonefruit (“Photograph”).

The Photograph may include the entrant alone or the entrant with one or more of their friends (who all must be aged 18 years or over). If the Photograph features any other person than the entrant, then the entrant must, prior to entry, obtain permission of each person in the Photograph to take and submit the Photograph in this promotion and for the Photograph to be used in accordance with these Terms and Conditions.

To enter, the Entrant must complete the following steps during the Promotional Period:

Visit the Australian Summer Stonefruit Facebook Page at https://www.facebook.com/StonefruitAU (“Facebook Page”). Alternatively, Entrants may also submit their entry via Instagram (@AussieSummerStonefruit) or Twitter (/StonefruitAU) using the hashtag #winastone;
Become a fan of the Facebook Page by clicking on the “Like” button (if not an existing fan of the Facebook Page);
Follow the prompts to access the Australian Summer Stonefruit competition application (“Application”) and allow the Application to access their profile as requested:
Input all the requested details and upload their Photograph. Uploaded Photographs must be submitted in a format specified in the Application and must not exceed the recommended MB file size; and
Submit the fully completed entry form.
Multiple entries are permitted, subject to the following: (a) each Photograph must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.

Once a Photograph has been submitted, it will be reviewed by the Promoter and if deemed appropriate by the Promoter, the Photograph will be uploaded to a gallery on the Facebook Page for the purpose of public viewing.

Each Photograph submitted and deemed appropriate by the Promoter constitutes as one (1) entry into the Promotion.

All content submitted as part of an entry (including the Photograph) is subject to clauses 24 and 25. Photographs that contain prohibited or inappropriate content, or that are otherwise in breach of these Terms and Conditions, as determined by the Promoter in its absolute discretion, will be deemed invalid and any entrant that submits a Photograph will not be eligible to win. The Promoter reserves the right to remove any Photograph from the gallery at any time for any reason.

There will be eleven (11) prizes to be won in this Promotion.

Ten (10) Weekly Prizes, consisting of one (1) case of Australian Summer Stonefruit valued at up to RRP $55 each, will be determined by the Promoter based on who submits the Photograph with the most sparkling, creative Australian Summer Stonefruit Photograph submitted (as determined by the Promoter in its absolute discretion) on the following dates:

Week
Open Date
Close Date
Announcement Date

1
02/12/2013
08/12/2013
13/12/2013

2
09/12/2013
15/12/2013
20/12/2013

3
16/12/2013
22/12/2013
27/12/2013

4
23/12/2013
29/12/2013
03/01/2014

5
30/12/2013
05/01/2014
10/01/2014

6
06/01/2014
12/01/2014
17/01/2014

7
13/01/2014
19/01/2014
24/01/2014

8
20/01/2014
26/01/2014
31/01/2014

9
27/01/2014
02/02/2014
07/02/2014

10
03/02/2014
07/02/2014
14/02/2014

One (1) Major Prize, consisting of one (1) piece of jewellery incorporating a precious stone of the winner’s choice valued at up to RRP $10,000, will be awarded to the Photograph receiving the most votes (likes) on the Facebook Page between 12.01am AEDST on 02/12/2013 and 11.59pm AEDST on 28/02/2013

The winner(s) of the weekly prizes will be announced on the Facebook Page at 4pm on the Announcements Dates as outlined in clause 12.a in these Terms and Conditions

The winner of the Major Prize will be announced in the Facebook Page at 4pm AEDST on 03/03/2014.

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

The Promoter’s decision is final and no correspondence shall be entered into.

The total prize pool is valued at up to RRP $10,550.

The value of the prize pool is correct as of November 2013 and no responsibility is accepted for any variation of any prize.

Prizes are not transferable or exchangeable and cannot be taken as cash.

The Promoter reserves the right, in its sole discretion, to verify the validity of entries (include an entrants age and residence) at any time during or after the Promotion, and reserves the right to disqualify any entrant (and entries submitted by that entrant) for tampering with the entry process, including but not limited to submitting an entry which is not in accordance with these Conditions.

If the Promoter is unable to contact the winner to claim fulfilment of the prize within three (3) months of the Announcement Date outlined in clause 12, the winner(s) will forfeit the prize in its entirety and it shall be awarded to the next best valid entry selected. The Promoter will not be liable for a winner that cannot be reasonably contacted.

The use of automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted from that source and by those entrants invalid.

Costs of accessing the Internet and the any point of entry as outlined in clause 8 is the entrants responsibility and may be dependent on the internet provider used.

The Promoter is not responsible for receipt of incomplete, damaged or incomprehensible entries. All such inaccurate entries will be deemed invalid. No responsibility is accepted for late, lost or misdirected entries. Any entry that does not comply with these Conditions will be invalid.

In the event that the prize(s) is (are) not available despite the Promoters reasonable endeavours to produce the prize(s), the Promoter reserves the right to substitute prize(s) of equal recommended retail value.

All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant warrants to the Promoter that each entry submitted is an original artistic work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

Entrants agree that they are fully responsible for the content of the entry they submit (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. 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 or otherwise unsuitable for publication; (b) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (c) their Content shall not contain viruses or cause injury or harm to any person or entity; and (d) 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 indemnifies the Promoter for any breach of the above terms.

By entering the Promotion, each entrant agrees to the Promoter using their entry idea for printing, broadcast, publicity, commercial and promotional purposes without compensation, including but not limited to the possible development and commercialization of the entrants apps idea and agrees that the Promoter will own all intellectual property rights, including copyright, in any such material and agrees not to object to any such use on the basis of any moral right.

Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury, or any loss or damage (including indirect or consequential loss) which is suffered or sustained in connection with this Promotion or taking or utilizing any goods/services offered as a prize, including but not limited to, where arising out of the following: (a) any theft, unauthorised access or third party interference; (b) any entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (c) any variation in the offer value to that stated in these Conditions; (d) use of the prize; (e) any equipment malfunction or programming malfunction, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure (f) any injury or damage to entrants or any other persons computer related to or resulting from participating in or downloading any materials in the Promotion.

Certain legislation implies warranties or conditions or imposes obligations upon the Promoter which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extend. These Conditions do not exclude or limit the application of any statutory provision where to do so would contravene that statute or a cause any part of these Conditions to be void.

In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion subject to any written directions from a relevant Regulatory Authority.

The Promoter collects personal information about entrants to include entrants in the promotion. If the personal information requested is not provided, the entrant may not participate in the promotion. By opting in to receive more information from the Promoter, entrants also acknowledges that a further primary purpose for collection of entrants’ personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future (for an indefinite period) with information on special offers or provide entrants with newsletters and 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 information with its Australian related companies and promotional partners who may contact entrants with special offers in this way. By entering the promotion, each entrant agrees that the Promoter may use entrants’ personal information in this manner. Each entrant also agrees that the Promoter may publish or cause to be published the winner’s name and locality in any media. Entrants can also gain access to, update, correct any personal information or opt out of receiving communications by contacting the Promoter at the address outlined in clause2. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.

If an entrant does not provide the Promoter with all the information requested on the entry form, the entry form will be deemed invalid.

If for any reason this Promotion is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion.

Entries are deemed to be received at the time of receipt into the Promoters database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other persons’ handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.

Horticulture Australia Ltd. holds the right to send further promotional offers to those entrants that opt in at time of entry into the Promotion.

Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

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.

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 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 in participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.