Channel Ten – Win 1 of 10 Coffee Machines (prize valued at $23,000)

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The Bachelor ” Starbucks Competition
Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the The Bachelor ”
Starbucks Competition (“Competition”) is deemed acceptance of these terms and conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia aged 18 and above. However, employees and the
immediate families of Network Ten Pty Limited, Nestlé Australia Limited (the “Sponsor”) and
their associated agencies and companies or any organisation or individual associated with the
provision of the prize(s) are not eligible to enter. Entrants must be residing in Australia at the
time of entry, or their entry may be deemed invalid.
Competition Period
3. The competition commences on Wednesday, 19 August 2020 at 12:00 AEST and closes on
Sunday, 18 October 2020 at 23:59 AEDT (“Competition Period”).
4. The Competition will be advertised on, but not limited to, Network 10 and www.10play.com.au.
How to Enter
5. To participate in the Competition entrants must enter via one (1) of the following methods:
a. Take a photo of yourself showing us how much you love your coffee at home and then
either:
i. Log into their Instagram account and upload the photo with the hashtag
#StarbucksAtHomeAU. Account must be set to public and posted in the feed,
not as an Instagram Story; or
ii. Go to www.10play.com.au/win and upload the photo.
6. It is free to enter, however, the cost of accessing the Instagram App or promotional website is
dependent on the entrant’s individual service provider. These Terms and Conditions apply in
conjunction with the 10 Members rules.
7. This is a game of skill; chance plays no part in determining the Winner/s. Each entry will be
individually judged based on its creative merit to determine the most creative entry as
determined by the judges. The judges’ decision in relation to any aspect of the competition will
be final and binding on every person who enters. No correspondence will be entered into.
8. Entrants who have won a Major Prize in any Network 10 competition in the past 12 months are
not eligible to win a prize in this competition (with the exception of SA residents who are
entitled to win more than one prize).
9. Entrants may enter as many times as they like, however, each entry must be significantly
different to any previous entry.
10. Entries must be received by Sunday, 18 October 2020 at 23:59 AEDT to be included in the Prize
judging. Each valid entry received over the duration of the Competition Period will be entered
into the Prize judging.
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11. The time of entry will in each case be the time the online entry is received by the Promoter’s
database and Instagram. The Promoter accepts no responsibility for any late, lost or
misdirected entries due to technical disruptions, network congestion or for any other reason.
12. The Promoter and the Sponsor are entitled to use any of the entries submitted in any manner
and for any purpose at their absolute discretion, including promotional, marketing and publicity
purposes without any further reference or payment or other compensation to the entrant. The
Promoter and the Sponsor are entitled to amend, edit, select, crop, retouch, add to or delete
from any part of the submitted entry.
13. Entrants warrant to the Promoter the entry submitted is an original work of the Entrant that
does not infringe the rights of any third parties and that any people featured in the images have
consented to their image being used as part of the entry. Entrants posting images of people
under 18 years of age acknowledge they have acquired parental or guardian consent and take
full responsibility for all content uploaded as a part of their competition entry.
14. Entries must not include any third-party intellectual property (such as a logo). If the entry or any
part of the information provided to the Entrant in relation to the entry was provided by a third
party, the Entrant warrants they have obtained the relevant copyright permission to submit the
entry for the purposes of this promotion. The entrant agrees to indemnify the Promoter and
the Sponsor against all claims and costs by third parties arising from a breach of the warranty
set out in this condition.
15. Entrants must not submit an entry that could be considered offensive, insensitive, defamatory
or racist. Entries must not include swearing, inappropriate behaviour or language, MA or R
rated images, vision or audio. Any entry which the judges, at their discretion, deem
inappropriate, incomprehensible and incomplete will be invalid. The entrant agrees to
indemnify the Promoter and the Sponsor.
16. The account holder is responsible for any activity and/or entries that have been submitted using
their device (E.g. Phone, computer, tablet etc). It is the account holder’s sole responsibility to
control any and all access to their device. The Promoter will not be responsible for any loss,
damage or costs incurred as a result of failure to comply with this. Entrants must not use
another’s device without express permission from the account holder.
Rights and Release
17. By entering into the Competition you:
a. Consent to the Promoter and the Sponsor using your entry in any manner and for
any purpose at its absolute discretion without any further reference or payment or
other compensation to the entrant, including communication of the entry video or
photo in any media (now existing or hereafter devised) throughout the world in
perpetuity which may include Broadcast on Channel 10, Channel Bold or Channel
Peach, publication on the Promoter and Sponsors’ websites, social accounts,
promotional, marketing and publicity purposes;
b. Consent to the Promoter and the Sponsor editing the entry in any way;
c. Grant to the Promoter and the Sponsor the right to use your name, image and
likeness in connection with the entry and the Competition;
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d. Assign to the Promoter and the Sponsor, by way of present and future assignment of
existing and future rights, all rights in all material created by in connection with the
entry immediately upon their creation and grant to the Promoter a worldwide,
royalty free, exclusive, irrevocable licence to exploit the entry;
e. Consent to such acts that might otherwise infringe your moral rights in respect of all
material created under these Terms & Conditions of Entry and you agree that the
Promoter and the Sponsor are not required to credit you in its exploitation of the
entry.
18. In consideration for the Promoter awarding the prize to the Winner/s, the Winner/s hereby
permits the Winner’s image and/or voice, as recorded, photographed or filmed during the
Winner’s participation in the prize to appear in connection with Network 10, Nestlé or the
advertising or marketing thereof, in any media whatsoever through the world and the Winner
will not be entitled to any fee for such use.
Prize Judging
19. Winners will be judged from all entries received throughout the competition period and ten
(10) Major Prize Winners will be selected by a judging panel at Network 10 at 1 Saunders Street,
Pyrmont NSW 2009 on Monday, 19 October 2020 from 14:00 AEDT. The Winner/s will be the
Entrant/s who, in the sole opinion of the judges, has submitted the most creative image, as
specified in clause 8. The Prize Winner/s will be notified by email and/or in writing and/or via
an Instagram message by Channel 10 within five (5) days of the Prize Determination Date. The
method of Winner notification will be dependent on the contact information that is available
for the Major Prize Winners. The Winner’s details will be published on the 10 Play website at
10play.com.au from Thursday, 22 October 2020.
20. An entry that is made on behalf of an entrant by a third party will be invalid.
21. An Instagram entry will only be valid if the entry includes the relevant hashtag (as per clause 5a)
and the entrant’s Instagram is set to public status. Instagram posts must remain on the
entrant’s Instagram account for at least seven (7) days after the last time and date for judging.
22. As stipulated in clause 18, Channel 10 will contact the Winner/s via direct message in their
Instagram and will provide them with an email to use to contact Channel 10. It is the
responsibility of the entrant/s to check if they have been messaged as a Winner. The Winner/s
is to contact Channel 10 at the email address provided with their mailing address within three
(3) months of the Winner announcement. If they do not contact the Channel 10, the Winner/s
will be re-judged.
23. 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 to disqualify any entrant who
submits an entry that is not in accordance with these Terms and Conditions or who tampers
with the entry process. Error and omissions will be accepted at the Promoter’ discretion.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
those rights.
24. All reasonable attempts will be made to contact the Winner/s. If a Prize remains unclaimed by
the Winner/s or unallocated or forfeited for any reason, by Tuesday, 19 January 2021 at 10:00
AEDT, the Prize/s will be re-allocated to the entrant that has submitted the entry which best
meets the judging criteria excluding the entrant/s that has failed to claim the prize/s. This
Unclaimed Prize Determination will take place at Network 10 at 1 Saunders Street, Pyrmont,
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NSW 2009 at Tuesday, 19 January 2021 at 10:00 AEDT. The Winner of the Unclaimed Prize
Determination will be notified by telephone and in writing within 5 days of the Unclaimed Prize
Determination and will be published on the 10 Play website at 10play.com.au from Thursday,
21 January 2021.
Prize Details
25. There will be Ten (10) Major Prize Winners judged from all entries received (via social channels
and Online) who will win the following prize/s:
Number Prize Details AUD Value
Ten (10)
x Major
Prizes
State-of-the-art coffee machine (Breville Barista Touch
Espresso Machine BES880BSS + years’ worth of coffee
$2,300.00
TOTAL PRIZE VALUE – AUD $23,000.00
26. The total Prize Pool is valued at $23,000.00 (including GST).
27. Any ancillary costs associated with redeeming the prize/s are not included. These are the
responsibility of the Winner.
28. All prizes are non-transferrable. No cash alternative is available for any prize. Prizes must be
taken as offered. Any prize, unused portion of any prize, or portion of the prize Winner is not
entitled to, are not exchangeable or cannot be redeemed as cash. Prizes cannot be used in
conjunction with any other special offer. Prize values are in Australian dollars. The Promoter
accepts no responsibility for any variation in the prize values. Prize Winner/s are advised that
tax implications may arise from their prize winnings and they should seek independent financial
advice prior to acceptance of their prize.
29. The Major Prize comes with 18 months warranty remaining.
30. The Major Prize will come in Silver (depending on stock availability). If out of stock, this may be
replaced for black. The Major Prize must be accepted as is.
31. In acceptance of the prize/s, the Winner/s acknowledges that they may incur ongoing costs
associated with the prize which are the entire responsibility of the Winner/s.
32. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding
the Competition result.
33. Personal information about all prize Winners will be shared with the Sponsor (prize provider),
and their agents, to the extent necessary for prizes to be delivered to the prize Winners.
34. If the Major Prize Winner/s does not provide proof of meeting the valid entry requirements of
notification of winning, the Major Prize/s will be forfeited in full, and the Winner/s will have no
further claim. A re-judging will be held to award the Major Prize/s to a valid entrant/s.
35. Prizes will be awarded to the person named in their contestant entry. Should an entrant’s
contact details change during the Competition Period it is the entrant’s responsibility to notify
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the Promoter. A request to access or modify any information provided in an entry should be
directed to the Promoter.
36. It is a condition of accepting the prize the Winner/s may be required to sign a legal release in a
form determined by the Promoter in their absolute discretion.
37. By accepting the prize/s, the Winner/s agrees to participate in and co-operate as required with
all reasonable media editorial requests relating to the prize/s, including but not limited to, being
interviewed and photographed, filmed and/or chaperoned throughout the duration of the
prize.
Standard Clauses
38. This promotion is in no way sponsored, endorsed, administered by or associated with Instagram.
You are providing your information to The Promoter and not to Instagram. The information you
provide will only be used for the purpose of this competition unless otherwise specified in these
terms and conditions. Any questions, comments or complaints about this Competition must be
directed to the Promoter and not to Instagram.
39. Entry and continued participation in the Competition is dependent on entrants following and
acting in accordance with Instagram terms of use, including but not limited to clauses relating to
entrants with an Instagram account who are under the age of 13 at the time of entry, which can
be viewed at https://help.instagram.com/581066165581870.
40. This Competition adheres to the terms and conditions set out in the Instagram promotion
guidelines which can be found at: https://help.instagram.com/179379842258600.
41. All entrants unconditionally and irrevocably release and discharge Instagram from any and all
liability in relation to this Competition.
42. If for any reason this Competition is not capable of running as planned, including due to
infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical
failures or any causes beyond the control of the Promoter, which corrupt or affect the
administration, security, fairness or integrity or proper conduct of this promotion, the Promoter
reserve the right in its sole discretion to disqualify any individual who tampers with the entry
process, take any action that may be available, and to cancel, terminate, modify or suspend the
Competition, subject to government legislation.
43. If your entry is selected as a winning entry, validation of your circumstances, the validity of your
entry will be undertaken by the Promoter. Method of validation (without limitation) will be
determined by the Promoter at their complete discretion. If a winning entry is deemed to be a
Winner, the Winner will be notified as per the terms and conditions herein. In the event that
the Promoter requests the entrant to sign any legal documents relating to the verification of
their medical circumstance, the legal documents will take the form determined by the Promoter.
It is a condition of accepting the prize the Winner signs any such legal documentation.
44. 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
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liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter
(including their respective officers, employees and agents) excludes all liability (including
negligence), for any personal injury; or loss or damage (including loss of opportunity); whether
direct, indirect, special or consequential, arising in any way out of the promotion and: (a) any
technical difficulties or equipment malfunction (whether or not under the Promoter’ 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 the prize.
45. 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, the Promoter
reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify
any entrant; or (b) subject to any written directions from a regulatory authority, to modify,
suspend, terminate or cancel the promotion, as appropriate, subject to government legislation.
46. All entries become the property of the Promoter and the Sponsor. The Promoter and the
Sponsor collect personal information about you to enable you to participate in this promotion
but no further use of this information will be made without prior consent.
47. The Promoter and the Sponsor shall not be liable for any loss or damage whatsoever which is
suffered (including but not limited to indirect or consequential loss) or for any personal injury
suffered or sustained in connection with any prize/s except for any liability which cannot be
excluded by law. The Promoter is not responsible for any incorrect or inaccurate information,
either caused by the phone user or for any of the equipment or programming associated with or
utilised in this Competition, or for any technical error, or any combination thereof that may
occur in the course of the administration of this Competition including any omission,
interruption, deletion, defect, delay in operation or transmission, communications line or
telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or
alteration of entries.
48. For entrants aged 15 and above, and with your express consent to do so, by checking the opt-in
tick box on 10play.com.au to receive marketing communications from the Sponsor, Nestlé
Australia Ltd will handle entrant’s personal information (e.g. first name, last name, postcode,
phone number, email address, gender, date of birth) in accordance with their Privacy Policy
which can be accessed at https://www.nestle.com.au/en/info/privacynotice. Nestlé Australia
Ltd’s Privacy Policy may be updated from time to time and it will be the entrant’s responsibility
to keep up to date with any changes to the Privacy Policy. The entrant must be aged 15 years
and over to opt in, and the entrant may at any time, opt out of receiving contact from Nestlé
Australia Ltd by sending an email to Privacy.Officer@au.nestle.com.
49. You consent to The Promoter and the Sponsor collecting your personal information for the
purpose of conducting and promoting this Competition (including but not limited to determining
and notifying the Winner and prize fulfilment). Your personal information may be disclosed to a
third party as a result of entering this competition. Your personal information may be disclosed
to State and Territory lottery departments and Winners’ names published as required under the
relevant lottery legislation. For purposes of public statements and advertisements The Promoter
will only publish the Winner’s surname, initial and State. A request to access, update or correct
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any information should be directed to the Promoter. If you are not willing for this to occur you
cannot participate in the promotion.
50. The Promoter is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth)
and by entering the Competition, you (the entrant) are taken to consent to Network Ten Pty
Limited’s privacy policy which contains information, amongst other things, about how you may
access personal information that is held by Network Ten Pty Limited about you and seek
correction of such information. See https://www.cbsinteractive.com/legal/cbsi/privacy-
policy/network-10-highlights to view Network Ten Pty Limited’s APP Privacy Policy in full. Our
APP Privacy Policy also contains information about how you may complain about a breach of the
APPs, or a registered code that is binding on our organisation and how Network Ten Pty Limited
will deal with such complaints. We may disclose your personal information to related entities
and third party service providers outside Australia.
51. The Promoter is Network Ten Pty Limited (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont
NSW 2009. The Sponsor is Nestlé Australia Ltd (ABN: 77 000 011 316) of Building D, 1 Homebush
Bay Dr, Rhodes NSW, Australia.