Whiskas – Win 1 of 5 $5,000 cash (submit photo to win)
Whiskas Australia – “Find The Big Cat” Competition (“Competition”)
Conditions of Entry
1. Competition commences 0:01am AEST 8 July 2014. Entry closes at 24.00 AEST on 2 September 2014 (“Competition Period”).
2. The Competition is only open to Eligible Entrants. An “Eligible Entrant” is an individual who: (i) is a resident of Australia; (ii) is aged 13 years of age, or older; (iii) is not an employee of the Promoter or any of its related corporations or any of their agencies associated with the Competition; and (iv) is not a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of such an employee.
3. To enter, an Eligible Entrant must, during the Competition Period:
(i) visit the Promoter’s Facebook page at https://www.facebook.com/whiskasAU (“the Facebook Page”);
(ii) click on the tab entitled “Find the big cat” and complete the Promotional quiz (“Quiz”); and
(iii) upload a photo of the entrant’s cat (“Photo Submission”).
4. Submission of an entry is deemed acceptance of these conditions of entry.
5. This Competition is a game of skill and chance plays no part in the determination of the winner.
6. There will be five (5) winners. A gallery of uploaded Photo Submissions (“Gallery”) will be created on Facebook and registered Facebook users who visit the Gallery will be invited to submit a vote for their favourite Photo Submission (“Vote”). The five Eligible Entrants whose Photo Submission is one of the five Photo Submissions with the highest number of Votes as at 24.00 AEST on 2 September 2014 will, subject to verification by the Promoter, each be a winner (“Winner”). Each Winner, once verified by the Promoter, will win AU$5,000, paid by cheque (a “Prize”).
7. In the event of a tie, tied entries will be ranked according to the “cuteness” of the Photo Submission, as judged by the Promoter in its sole discretion.
8. The Promoter’s decision is final in relation to all matters in the Competition and no correspondence will be entered into.
9. The Winners will be announced on the Facebook Page after judging has been completed and will be notified by Facebook message and email sent to the email address provided in the Winners winning entry. If a Winner does not contact the Promoter within 28 days of the first notification being sent, or does
not otherwise claim the Prize, the Winner will forfeit their Prize. The Promoter may in its sole discretion award that Prize to an alternative winner, on the basis of the Photo Submission with the next highest number of Votes as at 24.00 AEST on 2 September 2014.
10. The Promoter reserves the right to verify the validity of entries and entrants (including an entrant’s identity, age and address) and to disqualify any entrant who submits an entry that is not in accordance with these conditions of entry, who tampers with the entry or voting process or who submits an entry that the Promoter, in its sole discretion, deems to be offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the Competition including, but not limited to, using an automated system to enter or increase the number of Votes. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
11. Incomplete, indecipherable, illegible and automated computerised entries will be deemed invalid.
12. Entrants may submit more than one entry but each entry must be: (a) substantially unique; and (b) submitted separately and in accordance with these conditions of entry. For the avoidance of doubt, each Photo Submission submitted by an entrant must be a different photograph (but can feature the same cat).
13. If for any reason whatsoever beyond the reasonable control of the Promoter, the Competition is not capable of being conducted as reasonably anticipated, the Promoter reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any entrant; and/or (b) to cancel, suspend, modify, terminate or cancel the Competition.
14. The laws of Victoria apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria.
15. The Prize(s) is/are not transferable or exchangeable.
16. Any costs associated with accessing the Facebook Page or this Competition is the entrant’s responsibility and is dependent on the Internet service provider used.
17. As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to any photograph and/or text submitted as an entry or part of an entry (“Work”) and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Work submitted is an original
work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.
18. If the Photo Submission includes any person, each entrant consents and warrants that they have obtained the consent of such person in the Photo Submission, to the Promoter using the names, likenesses, images and/or voices (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
19. Nothing in these conditions of entry limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these conditions of entry would contravene any statute or cause any part of these conditions of entry to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Promoter excludes from these Conditions of Entry all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the competition, including, without limitation, the following: (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 conditions of entry; (e) any tax implications; (f) a Prize or use of a Prize and/or (g) any free sample product requested by the entrant.
20. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its winners and, if an entrant consents, may be used to market its products to the entrant. The personal information of each winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, prize suppliers and deliverers. Persons may contact the Promoter at the address in condition 22 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.
21. The Promoter is in no way sponsored, endorsed or administered by, or associated with, Facebook. Participants are providing information to the Promoter and not to Facebook. By entering, participants fully release
Facebook from any and all claims that may be asserted against Facebook in connection with this Competition.
22. The Promoter is Mars Australia Pty Ltd, ABN 48 008 454 313, of 1 Petcare Place, Wodonga VIC 3690.