Radio 2nurfm Newcastle – Win a Prize Pack From The Promoter Valued at $35.00.

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“MESSY MONKEYS CHRISTMAS COLOURING IN
INSTAGRAM” COMPETITION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these
Terms and Conditions. Participation in this promotion is deemed
acceptance of these Terms and Conditions.
2. The Promoter is Freedom Foods Group Operations Pty Limited, ABN 41
002 814 235, of 80 Box Road, Taren Point NSW 2229 (the “Promoter”)
WHO CAN ENTER?
3. Entry is only open to Australian residents with an Instagram aged
13 years or older (Note: in order to activate an Instagram account, you
need to be (a) 18 years or older, or (b) 13 years or older and have your
parent’s or guardian’s consent and have agreed to the Instagram Terms
and Conditions of Use), or those whose parent or guardian has entered
on their behalf.
4. Employees and immediate families of the Promoter and their related
entities and associated agencies are not eligible 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 first cousin.
HOW TO ENTER
5. Promotion commences at 4:00pm AEDT on 06/12/2018 and closes at
4:00pm on 19/12/2018 (“Promotional Period”).
6. This is a game of skill and chance plays no part in determining the
winner. Each entry will be individually judged by a panel of judges from
Promoter based on the judging criteria of creativity. There will be three
winners selected in total from the eligible pool of entrants. 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.
7. The Promoter’s decision is final and no correspondence will be entered
into.
8. The Promoter may in its absolute discretion deem entries invalid
subsequently to a winner being notified or a winner’s name being
announced if it is discovered that the winner did not enter the promotion
in accordance with these Terms and Conditions.
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PRIZE
9. The three prize winners, selected as the winner of the Finals, will each
win a prize pack from the Promoter valued at $35.00.
10. If the prize (or part of the prize) is unavailable, the Promoter, in its
discretion, reserves the right to substitute the prize (or that part of the
prize) with a prize to the equal value and/or specification.
11. The prize, or any unused portion of the prize, is not transferable or
exchangeable and cannot be taken as cash.
GENERAL
12. Acceptance of the prize is subject to the winner, at all times, abiding by
the conditions set out in these Terms and Conditions.
13. If, for any reason, the winner does not take the prize or an element of
the prize by the time stipulated, and on the conditions stipulated by the
Promoter, then the prize or that element of the prize will be forfeited,
and cash will not be awarded in lieu.
14. The winner must be 13 years of age or older at time of entry and
must provide valid identification to the Promoter if requested, or have
their parent or guardian enter on their behalf.
15. 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, provided false information, 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.
16. If there is a dispute as to the identity of an entrant, the Promoter
reserves the right, in its sole discretion, to determine the identity of the
entrant.
17. Incomplete or indecipherable entries will be deemed invalid.
PHOTOGRAPHS AND CONTENT
18. The Promoter may upload selected photographs of entrants and images
or elements of the promotion, competition and prize, once vetted, to the
Promoter’s social media accounts, for the purposes of public viewing
only in order to promote the promotion (including any outcome) and/or
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promote any products manufactured, distributed and/or supplied by the
Promoter. For clarity, not all photographs or images will be uploaded to
the gallery and the appearance of a photograph or image in the gallery
has no bearing on the results of the promotion.
19. Without limiting the foregoing, entrants consent to the Promoter using
their name, social media handle, 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 or
compensation for the purpose of promoting this promotion (including
any outcome), and promoting any products manufactured, distributed
and/or supplied by the Promoter.
20. Entrants agree that they are fully responsible for any information or
materials they submit via or arising from the promotion including, but
not limited to, their name, social media handle, comments, 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 amend,
remove or decline to publish any Content without notice for any reason
whatsoever, and the Promoter may request the removal of entries from
Instagram at any time in its absolute discretion. 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 13, indecent,
inappropriate, 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 to submit the Content in accordance
with these Terms and Conditions from any person or from the
owner(s) of any property, including intellectual property, that
appears in their Content, and if such person is under the age of 18,
the prior consent of their parent or legal guardian. The entrant will
obtain the prior agreement of any other person featured in the
Content (or if such person is under the age of 18, their parent or
legal guardian) to the Promoter’s Privacy Policy which is available at
http://ffgl.com.au/wp-content/uploads/2017/04/Privacy-Policy.pdf;
(d) they own the copyright and/or intellectual property rights in the
Content and have the rights in the Content to the uses contemplated
by these Terms and Conditions; or they will obtain full prior consent
from any person who has jointly created or has any rights in the
Content to the uses contemplated by these Terms and Conditions,
and the Content does not infringe the rights of any third party;
(e) to the extent permitted by law, they unconditionally and irrevocably
consent to any use of the Content or act or omission which may
otherwise infringe any moral rights in the Content 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; and Instagram’s requirements.
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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, each entrant licenses and
grants the Promoter and its affiliates and sub-licensees an unrestricted,
royalty-free, perpetual, worldwide, irrevocable, transferable and divisible
right and licence to use, reproduce, modify, adapt, publish and display
their entry (which shall include Content), or part of their entry, for any
purpose, including but not limited to future promotional, marketing or
publicity purposes, in any media, without compensation, restriction on
use, attribution or liability. If requested by Promoter, the entrant agrees
to sign any further documentation required by the Promoter to give
effect to this arrangement.
22. This promotion is in no way sponsored, endorsed or administered
by, or associated with Instagram. It is a condition of participating that
each entrant grants a complete release to Instagram from any claims
that they now have or may have in the future that relate to or are
incidental to this promotion. Any questions, comments or complaints
about this promotion must be directed to the Promoter and not to
Instagram.
23. Any cost associated with entering the promotion, or accessing
Instagram or any promotional website is the entrant’s
responsibility and is dependent on the Internet service provider
used. The use of any 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 by
that entrant invalid.
NO LIABILITY
24. In the case of the intervention of any outside act, agent or event
which prevents or significantly hinders the Promoter’s ability to proceed
with the promotion on the dates and in the manner described in these
Terms and Conditions, including but not limited to technical or
telecommunications problems (including security or data breaches),
fraud, vandalism, power failures, tempests, natural disasters, acts of
God, civil unrest, strike, war, act of terrorism, the Promoter may in its
absolute discretion modify, cancel, terminate or suspend the promotion,
and/or recommence it from the start on the same Terms and
Conditions.
25. To the extent permitted by law, the Promoter and/or its associated
agencies and companies, will not be liable for any damages,
misadventure, accident, injury, loss (including but not limited to
consequential loss) or claim that may occur:
a) during the entry process or winner determination process;
b) in the acceptance, participation or use of any element(s) of the prize;
c) as a consequence of late, lost, failed, delayed, inaccurate or
misdirected entries or other communications;
d) due to the broadcast of any program relating to the promotion,
or the publication of any material, including any statements made
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by any compere, staff member, journalist, other entrants or any
other person; and/or
e) arising from or related to any problem or technical malfunction
( i n c l u d i n g s e c u r i t y o r d a t a b r e a c h e s ) of any
Internet, software, or telecommunications related to or resulting
from participation in this promotion.
26. The Promoter and its associated agencies and companies assume no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of entries, and
reserves the right to take any action that may be available.
27. 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 States 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 in connection with or arising in any
way out of the promotion.
28. 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) acceptance,
participation or use of the prize.
29. Entry details a r e c o l l e c t e d b y a n d remain the property of
t h e P r o m o t e r and its related entities for the purpose of conducting
and promoting this promotion, including for the purpose of identifying
and notifying winners and understanding our audiences. The Promoter
will handle your personal information in accordance with its Privacy
Policy which is available at http://ffgl.com.au/wp-
content/uploads/2017/04/Privacy-Policy.pdf (and which contains
information regarding how you can access your personal information,
correct it and/or make a complaint about our handling of your personal
information). By providing your personal information, you agree to the
terms of our Privacy Policy. Without limiting the foregoing, the Promoter
may disclose the entrant’s personal information to its related entities,
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business partners and external service providers for the purpose of
processing and conducting the promotion, for promotional purposes
surrounding the promotion, research and profiling purposes, and for
other purposes reasonably related to the entrant’s relationship with the
Promoter. In addition, by entering this promotion, you consent to the
Promoter using your personal information for the purpose of the
Promoter’s and its related entities sending you information regarding
programs, products and services available through them and/or through
their business partners, and to the Promoter sharing your personal
information with its related entities for the purpose of those entities
sending you such information directly. Those entities will handle your
personal information in accordance with the Privacy Policy at
http://ffgl.com.au/wp-content/uploads/2017/04/Privacy-Policy.pdf. We
will always provide you with the ability to opt out of those
communications.