Nutricare – Australia’s Most Fearless Kid – Win a Scratch prize pack valued at $2,500
GAME OF SKILL PRIZE – TERMS AND CONDITIONS AUSTRALIA’S MOST FEARLESS KID
1. The promoter is Nutricare Pty Ltd of P.O. Box 250 East Melbourne, Victoria, Australia 8002
ABN 70 613 526 917.
2. The competition is only open to residents of Australia, and any entries from non-residents will be automatically disqualified.
3. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged by judges appointed by the promoter, based upon individual creative merit and the extent to which the entry captures the theme of ‘Australia’s Most Fearless Kid’. The judges’ decision is final and binding on every entrant. As such, no correspondence will be entered into. All entries must be an original and independent creation by the entrant and free of any claims that they infringe any third-party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
4. Employees of the promoter and of agencies associated with this promotion (THINKERBELL Pty Ltd, MKT Communications) are ineligible to enter the competition, as are their immediate families (even though they’d love to – they can’t!)
5. To enter, entrants must post a publicly visible picture to Instagram, Facebook or Twitter together with a caption which includes the hashtag #patchofhonour. The subject of the picture must be  years old or younger as at 14th December 2017 and must be the child of the entrant (or the entrant must be their legal guardian). Multiple entries per person are permitted. The promoter strongly discourages engaging in any unsafe activities. Of course, if your fearless kid will be involved in any sporting or similar activities, appropriate protective gear should be worn.
6. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, depictions of unsafe activities or other potentially insulting, scandalous, inflammatory or defamatory images or language. The judges’ decision will be final and no correspondence will be entered into. Judges can be very strict.
7. All copyright and other intellectual property in the entries become and remain the wholly owned property of the promoter on and from the submission of the entry. By entering this competition, you warrant that (a) you are the photographer of the picture and author of the caption and you own and are entitled to assign to the promoter all intellectual property in the entry on these terms and conditions; and (b) the subject/s of the picture (and their parents/guardians) have waived all rights to the extent necessary for the promoter to use the entry as set out in these terms and conditions without compensation or attribution. To the maximum extent permitted by law, you irrevocably consent to the promoter exercising all rights in relation to the intellectual property in the entry without doing anything or omitting to do anything (including by not identifying the entrant as an author) where that would otherwise infringe the moral rights of that entrant.
8. The promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.
9. The Prize is a SCRATCH PACK, comprising of (a) various products which would be suitable for child play (b) [a childhood supply of] PATCHES. Component (a) is collectively valued at no more than $2,500. Examples of products which may be included in the SCRATCH PACK include a pogo stick, a bike, a skateboard, a razor scooter, a mini trampoline and a pair of rollerblades. Component (b) is [a 5-year supply of PATCHES to be distributed to the prize winner in annual batches of 10 PATCHES every year for five years].
10. The promoter reserves the right to substitute any component of the prize at their discretion. We promise it will still be cool, and won’t lead to tears!
11. The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. No components of the prize can be exchanged for other item/s. In the event that, for any reason whatsoever, the winner does not take one or more components of the prize at the time stipulated by the promoter then that component of the prize will be forfeited by the winner and cash will not be awarded in lieu of that component of the prize. We can’t imagine this happening but it’s one of the conditions we had to write down in these T&C’s. The prizes are rad!
12. You enter into this competition, including by preparing and submitting entries, entirely at your own risk. Except for any liability that cannot by law be excluded (including any applicable statutory consumer guarantees as provided under the Competition and Consumer Act or similar state/territory laws), the promoter (including its respective officers, employees and agents) shall not be liable (including in negligence) for any loss or damage whatsoever which is suffered or incurred by any person (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained by any person, in connection with or arising from the promotion, the preparation or submission of entries or the use of the prizes.
13. Promotion entries are valid from Thursday 26th October 2017 until Thursday 14th December 2017. Entries close at 5pm AEDT on 14th December 2017. The winner will be notified on or after Tuesday 19th December 2017.
14. By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these terms and conditions. We love fearless kids and want to encourage fearless kids to keep on getting out there.
15. The promoter may collect and use without compensation, the names of entrants and the subjects of the pictures entered into the competition, together with any other information contained in the entries, for any commercial purpose, including as set out in clause 17 below, as well as for future promotional marketing and publicity purposes. In addition, the winner of the promotion will be required to provide their contact details (title, first name, surname, email, mobile or landline phone number, mailing address and post-code only).
The winner’s personal information may be provided to third parties who assist the promoter, including prize suppliers, deliverers and authorities that regulate competitions. By entering this competition, you represent and warrant that you, and the subject/s of the picture entered into the competition, consent to the collection, use and disclosure of your personal information as set out in these terms and conditions.
16. Entry and continued participation in this competition is dependent on entrants following and acting in accordance with the terms of service of Facebook, Instagram and or Twitter (as applicable).
17. Entries will be judged at the offices of Nutricare Pty Ltd between Friday 15th December 2017 and Monday 18th December 2017 and the winner’s [and subject’s] name[s] may be published by the promoter on or after 19th December 2017 using various media, including on the PATCH Instagram and Facebook pages. The winner will be notified in writing via private message on the platform they used to enter the competition. If the promoter is unable to contact the winner within 30 days of the draw and the promoter has made reasonable efforts to contact them via private message on the platform they used to enter the competition, then the promoter may award the prize to another valid entrant.
18. These terms and conditions are governed by the law of Victoria, Australia. Prizes are valued in Australian dollars.
19. The promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these terms or conditions and to recover damages or other compensation from such a person.