Better Homes & Gardens – Win 1 of 2 The Caffitaly Coffee Machine starter packs

There is nothing better than starting the day with a cup of coffee or cozying up with a cup of hot chocolate. The Caffitaly System will allow you to create your favorite hot beverage. Perfect for the morning coffee, impressing friends who pop in or enjoying some ‘me’ time.

The Caffitaly Starter pack contains the Caffitaly Capsule Machine and Milk Frother, plus to help get you started with barista quality coffee, we have included Gloria Jean’s Coffee™ Smooth Classic Blend, Caramel Indulgence and Hot Chocolate.

HOW TO WIN
Fill out your details including:
• First Name
• Surname
• Street Address including suburb and postcode
• Contact Number
• Email Address

And most important, tell us in 25 words or less about your ‘Perfect Coffee Moment.’

If you are one of the lucky two winners, we will contact you via phone and post your name (first name & suburb only)
on the Better Homes & Gardens Live Facebook page.

Be quick, entries close on the 31st December 2013 and the winners will be picked on Monday 6th January 2014.

Terms and conditions

Competition Terms And Conditions

Caffitaly ‘Perfect Coffee Moment’ Competition

It is important that you read and understand these Terms and Conditions, particularly paragraphs about Maranatha Import Export (representing Caffitaly Systems) legal responsibility to you such as paragraph 7. If you do not understand these Terms and Conditions, you should seek help to understand them

1. Competition overview

a) To enter the Caffitaly ‘Perfect Coffee Moment’ Competition, (‘the Competition’) entrants must click through to the Caffitaly System Competition page from the Better Homes & Gardens Live e-newsletter. There, entrants must enter the Competition by answering the following question: “Tell us in 25 words or less what your ‘Perfect Coffee Moment’ was (‘the “Entry)”.

b) Entry is open from 12 December 2013 at 08:00 (AEST) and closes on Monday 30 December 2013 at 16:00 (AEST) (the “Competition Period”). Entry can only be made during the Competition Period. The Competition will be decided on Monday 6 January 2014, 11:00 (AEST) (the “Selection Date”).

c) You can only enter the Competition once during the Competition Period.

d) Entry into the Competition is free (except for any normal internet connection charges that may apply).

2. Promoter

a) The promoter of this Competition is Maranatha Import Export Pty Ltd ABN 75 003 004 106 (representing Caffitaly Systems) (Maranatha) of Level 1, 13 Hoyle Avenue, NSW, 2153, Australia.

b) All prize draws will take place at the offices of Maranatha.

3. Eligibility

a) To be eligible to enter the Competition:

i. you must be a permanent resident of Australia;

ii. If you are younger than 18 years old, your parent or guardian (over the age of 18) will need to agree to these Terms and Conditions (we may contact this person to confirm their agreement); and

iii. neither you nor anyone in your immediate family may be an employee of Maranatha or affiliated with Maranatha or connected to the Competition in any way.

b) Maranatha may disqualify you if:

i. you or your Entry do not meet any one or more of the requirements set out in these Terms and Conditions;

ii. your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party; or

iii. you tamper in any way with the operation of the Competition.

c) Your Entry must be complete, in English and legible.

d) If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen legal or commercial circumstances or any other causes beyond the control of Maranatha which corrupt or affect the Maranatha Competition Terms and Conditions – Game of Skill administration security, fairness, integrity, or proper conduct of this Competition, Maranatha reserves the right in its sole discretion, to cancel, terminate, modify, delay or suspend the Competition.

4. Winner selection

a) The Competition is a game of skill. Chance plays no part in determining the winner.

b) Maranatha will appoint judges for the Competition (the “Judges”).

c) The winner selection will take place on the Selection Date. The Judges will select from all valid Entries into the Competition two (2) prize winners, based on creativity and innovativeness, to be awarded as the Competition prize winners (each a “Winner”). For the avoidance of doubt, two (2) Winners will be selected in total. The Judges’ decisions are final and no correspondence will be entered into.

d) The Winners will be notified by phone or email within seven (7) days of the Selection Date (see paragraph 1c). All reasonable attempts will be made to contact the Winners. The names of the Winners will also be displayed on the Better Homes & Garden LIVE Facebook page.

e) The Prizes must be claimed within three (3) months of the Selection Date. If for whatever reason any Prize is not claimed by this date, an unclaimed prize selection will be carried out on Friday 11 April 2014.

f) Prizes must be collected in person unless the Winner is otherwise advised. The collection of Prizes is the sole responsibility of the Winner. Upon request by Maranatha, a copy of the contest rules and/or a signed receipt and acknowledgement must be signed and endorsed by the Winner to indicate his/her understanding and acceptance of these rules.

g) If any proposed selection date falls on a public holiday in New South Wales, that selection will be conducted on the following business day.

h) If any person first chosen as a Winner is found to be ineligible, they will be disqualified and another entrant will be selected as a replacement Winner.

5. Prize

a) There will be two (2) prizes (each a “Prize”) to be won during the course of the Competition. Each Prize will consist of one (1) Caffitaly Starter Pack valued at AU$99.00 each.

The total Competition prize pool is valued at AU$198.00.

The Prize values are based upon the recommended retail prices (inclusive of GST). Maranatha does not accept any responsibility for a change in Prize value.

b) If you are a Winner:

i. You may not transfer the Prize to anyone or ask for any alternative Prize (including cash).

ii. Maranatha may replace the Prize with another prize of equal value in the unlikely event that the Prize becomes unavailable.

iii. If you are not able to take the Prize as stated, you will forfeit the Prize and no payment or compensation will be made in lieu.

iv. Once the Prize has left the premises of Maranatha, responsibility for any damage, delay or loss to the Prize during transit will pass to you.

v. Maranatha may ask you or your parent/legal guardian to provide proof of your age, identity and residency, and to sign any required documentation including release forms as a condition of claiming the Prize.

vi. You or your parent/legal guardian are responsible for all expenses and taxes connected to your participation in the Competition and not included in the Prize.

vii. The Winner hereby grants to Maranatha the right to issue, and authorise others to issue, publicity concerning the Winner, and the right to use Winner’s first name and suburb (including any professional name or sobriquet adopted by Winner), likeness and biographical data in connection with the promotion of the Competition.

6. Ownership

a) Maranatha will own your Entry and will not return your Entry at the end of the Competition. You may keep a copy of the Entry for archiving purposes.

b) You agree that all of the rights (including intellectual property rights) in your Entry, including any copyright works in your Entry, belong to Maranatha and you hereby assign any rights you may have to Maranatha . This includes all copyright (present or future), other intellectual property rights and rights of ownership. You grant a perpetual license (including a right to sub-license) to Maranatha of all rights in your Entry pending completion of this assignment.

c) You agree to do all things necessary (which may include signing documents) to transfer these rights to Maranatha.

d) You consent to Maranatha doing or omitting to do anything that infringes your moral rights in your Entry. Moral rights are your inherent rights in your Entry as the author and/or performer in the Entry and comprise the rights:

i. to be attributed as the author of the Entry;

ii. not to have your authorship of the Entry falsely attributed; and

iii. of integrity of authorship and/or performance.

7. Liability and Indemnity

a) Maranatha is not liable, and you release Maranatha from liability, for any loss or damage that you may suffer from your participation in the Competition, including (without limitation) if:

i. the Competition is cancelled, modified, suspended or delayed, including under paragraph 3d); or

ii. Maranatha does not receive your Entry within the Competition Period for any reason.

b) The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, they cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you.

c) Nothing in these Terms and Conditions generally affects your rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to paragraph 7b), Maranatha makes no warranties about any prizes offered as a part of the Competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes.

d) You agree to indemnify Maranatha against all liabilities suffered or sustained by Maranatha arising from any claim by a third party that your Entry infringes the rights (including intellectual property rights) of any third party.

8. Representations and warranties

You represent and warrant that you have all of the rights necessary to effect the transfer of rights to Maranatha under paragraph 6.

9. Privacy

a) Maranatha will collect your personal information (such as your name and biographical data) as part of the Competition and may use this information anywhere in the world for the purposes of administering the Competition, and other purposes for which we obtain your express consent. Where you have expressly consented, your personal information may be provided to Maranatha affiliates, including overseas affiliates for future promotional, marketing and publicity purposes without notice and without any fee being paid unless otherwise advised by you.

b) Maranatha will comply with its privacy policy in the collection and use of your personal information. Maranatha privacy policy is available at http://www.maranathaimport.com.au/privacy-policy.aspx

10. Maranatha Import Export Intellectual Property

a) Unless expressly stated in these Terms and Conditions, your participation in the Competition does not entitle you to use any of Maranatha intellectual property rights (including any Maranatha, Caffitaly or Gloria Jean’s trade mark or copyright) for any purpose.

b) You may not disclose your Entry to anyone other than Maranatha. You may only use your Entry to participate in the Competition. You may keep any copy of your Entry for your personal records.

11. Governing law

These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum.

12. Severability

Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.

13. Entire Agreement

These Terms and Conditions contain the entire agreement between you and Maranatha with respect to the Competition. They set out the only conduct that you have relied on and supersede all earlier conduct and prior agreements and understandings between you and Maranatha in connection with the Competition.