Weleda Australia – Global Garden – Win a trip to Germany OR a trip to 11 countries to visit various Weleda sites
TERMS AND CONDITIONS
Weleda Australia – Global Garden Competition 2017-2018
Definitions
The ‘Promoter’ is Weleda Australia Ltd (ABN 90 055 506 208) of Unit 2, 92A Mona Vale Road, Warriewood NSW 2021, Australia in conjunction with Weleda AG of Dychweg 14, 4144 Arlesheim, Switzerland.
‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or other family extension.
‘Australian Finalist’ is the name given to the Australia resident winner of Phase 1 of this competition (refer to clause 18a below)
‘Weleda Global Garden Winner’ is the name given to the overall winner of the global competition (refer to clauses 18b and 18c below)
The ‘prizes’ include:
‘Weleda Australian Finalist prize’ is awarded to one Australian resident and includes a return trip for one to Weleda Germany, 9th to 13th October 2017, to attend casting for the Weleda Global Garden Winner prize and includes airfares, transfers, accommodation, and meals up to the value of AUD$2,500 depending on point of departure, as further set out in these terms and conditions.
The ‘Weleda Global Garden Winner prize’ is awarded to one person worldwide and includes a trip to eleven preselected countries to visit various Weleda sites, during March – June 2018, and includes airfares, transfers, accommodation and Euro 10,000 spending money, with a total value of up to AUD$37,000 depending on point of departure, as further set out in these terms and conditions.
Terms and Conditions of entry for Australian entrants
Entry
1. Information on how to enter and prizes form part of these terms and conditions. Any entry not complying with these terms and conditions is invalid.
2. Entry is open to residents of Australia, aged 18 years and over. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this competition and their Immediate Families are ineligible to enter.
3. Entrants must have good English communication skills, in both written and verbal form.
4. Entrants must be available to travel to and from Germany from 7th to 15th October 2017 (actual dates in Germany are 9th to 13th October 2017) should they become the Australian Finalist.
5. Entrants must be available and able to travel to preselected countries, for 3 months during March – June 2018 should they become the Weleda Global Garden Winner, and be willing to fulfil all requirements associated with accepting the prize as set out in these terms and conditions.
6. The competition applications commence at 9am AEST Tuesday 8th August 2017 and close 11.59pm AEST on Sunday 10th September 2017 (“Application Period”).
7. To enter, eligible entrants must complete the entry application profile form online at www.weledaglobalgarden.com/aus and submit so that it is received during the Application Period. No purchase is required for entry.
8. Entrants can enter the competition only once per accepted application.
9. The Promoter reserves the right, at any time, to verify the validity of all 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, tampered with the entry or voting process, (including but not limited to the utilisation of techniques for making multiple unqualified entries or votes), has submitted an entry that is not otherwise in accordance with these terms and conditions, or is 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.
10. This promotion is a game of skill. All valid entries will be displayed for a round of public voting to determine Top 6 Australian entries, from which the Promoter will decide on the one Australian Finalist to travel to Germany for casting for the potential to be selected as the Weleda Global Garden Winner.
11. Voting will be conducted during the Application Period in accordance with clause 18 below. Selection of the Australia Finalist will be completed by the Promoter on Tuesday 12th September 2017 and the winner will be notified by phone and email by the Promoter.
12. Australia Finalist and Weleda Global Garden Winner prizes are not transferable and cannot be taken as cash.
13. Weleda Global Garden Winner prize spending money value is correct as at 30th June 2017.
14. 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, arising in any way out of the promotion.
15. Each entry becomes the property of the Promoter. All details will be held in accordance with Weleda Australia Ltd’s Privacy Policy which can be accessed by visiting www.weleda.com.au. The Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter may disclose entrant’s personal information to entities outside of Australia in accordance with the Privacy Policy.
16. The Promoter’s decision on any aspect of this promotion is final and no correspondence will be entered into.
17. By entering the promotion, the entrant confirms that s/he is the author and/or legal owner of the uploaded material (including but not limited to text, photos, videos, linking to social media channels) and the uploaded materials are not the subject of any claim of right or interest by any third parties. The entrant further agrees to indemnify the Promoter against any claims of right or interest brought by any third parties against the Promoter in relation to any material uploaded by the entrant.
The competition
18. The competition is divided into three phases:
a) Phase 1 – entrants submit their profile on www.weledaglobalgarden.com/aus. In order to register their profile, the entrant must provide first name, last name, address (street, postcode, town), date of birth, gender, nationality, telephone and e-mail address. Entrants also need to share their photos, videos, interests, social media accounts, to help demonstrate why they should be voted. By participating, the entrant confirms that they are the author of the uploaded information (text/photos/videos, links to social media channels) and therefore has unlimited rights to the content. The entrant also confirms content uploaded by them is free of third party rights and is thereby freeing the Promoter from any third party claims. Entrants indmenify the Promoter for any breach of ths condition.
After registering their profile, the entrant will receive an e-mail as to whether their profile has been approved or rejected. The entrant may register again in case of a rejection, with a revised profile that addresses the grounds for rejection, if any are stipulated.
The Promoter will not charge any fees or pay remuneration for posting contributions within the profile.
Once the application is approved by the Promoter, each entrant must then collect as many votes as possible for their entry profile, by attracting and encouraging the general public to vote for them.
To vote, each member of the public must view the entrant’s profile and click the “heart” (vote) button. Each member of the public may only vote once per entrant. For the avoidance of doubt, no prize is awarded for the act of voting.
At the end of the Application Period, the Promoter will select the Top 6 applicants for Australia, based on the highest number of votes received. In the event of a tie between two or more entrants for a place in the Top 6, those tied entrants will also be considered by the Promoter. The Promoter will then judge each entry based on their suitability for the position of Weleda Global Garden Winner and select one person to become the Australian Finalist. The Promoter will contact that person by email on 12th September 2017. The Australian Finalist must then accept by return email no later than 11.59pm AEST 14th September 2017. If The Promoter does not hear back from the first chosen applicant by the deadline, that offer expires and the Promoter will instead offer to the next shortlisted applicant until they receive acceptance by an entrant by 11.59pm AEST 16th September 2017. This process will continue until an Australian Finalist is confirmed. The entrant who has accepted within the deadline applicable to them is the Australian Finalist.
b) Phase 2 – the Australian Finalist will travel to Weleda in Schwäbisch Gmünd, Germany, to join 15 other country finalists from around the world. The Promoter will pay for flights, transfers, accommodation and meals up to the value of $2,500 depending on point of departure. The Australian Finalist is responsible for their passport, visas, vaccinations, travel insurance and spending money, and any costs in excess of the above. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The Australian Finalist may be required to present their credit card at time of accommodation check in. The Australian Finalist takes the prize entirely at his/her own risk and indemnifies the Promoter in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize.
During their time in Germany, they will learn about Weleda via visits to garden and production sites, product demonstrations, and participate in various workshops including writing, photography, social media, and video. The workshops are conducted by Weleda employees and cooperation partners.
On the closing date of that week, 13th October 2017, the workshop leaders and Weleda will select the Weleda Global Garden Winner. The criteria for selection include, but not limited to: interesting personality with a talent for writing and photography or any other creative talents that help them tell the story. In addition, the Weleda Global Garden Winner should be a good communicator and have a keen interest in other cultures, countries and sustainability. The Weleda Global Garden Winner will be notified in person in Schwäbisch Gmünd, Germany on 13th October 2017, and will be announced the Weleda Global Garden Winner once they have officially accepted the prize.
c) Phase 3 – if the Australian Finalist is selected to be the Weleda Global Garden Winner, the prize world trip must occur March to June 2018 and includes visits to Weleda in Australia, New Zealand, Argentina, Brazil, Netherlands, United Kingdom, Sweden, Czech Republic, Italy, Switzerland and France. The Promoter will pay for flights, transfers, accommodation and meals up to the value of $37,000 depending on point of departure. Included in this amount will be Euro 10,000 spending money. The Weleda Global Garden Winner is responsible for their own passport, visa, vaccinations, travel insurance and any additional spending money. The Weleda Global Garden Winner takes the prize entirely at his/her own risk and indemnifies the Promoter in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers.
19. As a condition of accepting the position, the Weleda Global Garden Winner agrees to report on their experiences during their prize world trip on the Weleda Global Garden blog at least three times a week. The majority of their blog posts must be about their experiences visiting the various Weleda sites. The Weleda Global Garden Winner uploads their contributions directly onto the Weleda Global Garden blog set up by the Promoter. They must write their contributions (texts or videos) in English. Weleda will not charge any fees or pay remuneration for posting contributions within the Weleda Global Garden blog and all intellectual property in all content will be assigned to the Promoter immediately upon creation, in accordance with clause 21.
The Weleda Global Garden Winner is free in the creativity and content of their blog, and should not undertake to use the Weleda Global Garden Blog for illegal, fraudulent, discriminatory or objectionable purposes and not taking any measures that could prevent, overburden or impair the proper functioning of the blog. In particular, they agree to not uploading:
any unauthorized commercial information (such as spam) to the blog;
any derogatory, harassing, threatening or intimidating contents;
any content that is threatening, pornographic or violent in nature or contains hate speech or encourages violence or represents nudity or violence;
any viruses or other malicious code;
The Promoter reserves the right to review the content of the Weleda Global Garden Winner at any time and to remove any material that it deems in its sole discretion, to be offensive, inappropriate, or otherwise in breach of the above.
Marketing and promotion of competition
20. By entering the promotion, each entrant grants the Promoter and the companies affiliated with the Promoter an irrevocable, unrestricted right to use and exploit the material uploaded by the entrant during Phase 1 of the competition for their profile, including the entrant’s name, image/character, photograph(s) and video(s), altered or unaltered, for online and offline marketing and promotional purposes, including but not limited to www.facebook.com/Weleda and the Promoter’s website(s) and Instagram accounts, and waives any claims to royalty, right or remuneration for such use.
21. In the event the entrant is a winner of at least Phase 1 of the competition, the winner:
a) acknowledges in accepting the prize that the Promoter requires to use their name for its commercial purposes and the winner agrees not to object to any such use on the basis of any moral right;
b) grants the Promoter and the companies affiliated with the Promoter an irrevocable, unrestricted right to use and exploit the material produced and published by the winner during Phase 2 and – if ultimately the Weleda Global Garden Winner – Phase 3 of the competition, and waives any claims to royalty, right or remuneration for such use;
c) agrees that the Promoter will own all intellectual property rights, including copyright, in any text, images, photographs or videos produced and published by the winner during Phase 2 and – if ultimately the Weleda Global Garden Winner – Phase 3 of the competition;
d) agrees to participate in any marketing and promotion activities of the Promoter and the companies affiliated with the Promoter within the framework of the competition, including any photographic or video recordings made by the Promoter and its affiliates (subsidiaries of Weleda AG worldwide), business partners (eg agencies, etc.) (worldwide) or other third parties (worldwide) within the scope of the public relations work offline (e.g magazines, advertising brochures, decoration, advertisements, packaging, POS material) and online (Weleda websites and Weleda Intranet, social media, TV, etc.) for editorial and advertising purposes in the respective countries.
The Promoter’s responsibilities
22. 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, , to cancel, terminate, modify or suspend the promotion as appropriate. The Promoter may in its sole discretion disqualify any individual who tampers with the entry process.
23. Entries are deemed to be received at the time of entry being accepted online. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant.
Acceptance
24. Participation in this promotion is deemed acceptance of these terms and conditions.
25. If the Weleda Global Garden Winner does not accept these terms and conditions the prize will be forfeited.