DR. OETKER FOODS AUSTRALIA Pty Ltd. – MERMAID BAKING COMPETITION
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Dr. Oetker Foods Pty. Ltd. (ABN 92 606 358 516) of 17-19 Wakefield Street, Alderley QLD 4051, Australia (“Promoter”).
3. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible 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 1st cousin.
5. Promotion commences at 09:00am Australian Eastern Standard Time (“AEST”) on 16/5/18 and ends at 11:59pm AEST on 30/5/18 (“Promotional Period”).
6. To be eligible to enter, individuals must do the following: “Share with us something you have decorated with Dr. Oetker Mermaid Party Pals and upload a picture of your creation to the comment thread on the relevant Mermaid competition Facebook post on the Dr. Oetker Baking AU NZ Facebook page.” The photograph must include Dr. Oetker Mermaid Party Pals to be eligible for entry.
7. To enter, individuals must during the competition period visit the Promoter’s Facebook page at www.facebook.com/DrOetkerBakingAUNZ/ (“Facebook Dr. Oetker Baking Australia & New Zealand”) and share their picture on the page in the comment thread of the relevant Facebook post.
8. Each entrant warrants to the Promoter that each entry they submit is an original creative work of the entrant that does not infringe the rights of any third party. Entries must comply with and are subject to the provisions contained in clause 26. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
9. Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. 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 entrant who the Promoter has reason to believe has breached these Terms and Conditions, 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 will 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.
11. Incomplete or indecipherable entries will be deemed invalid.
12. 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.
13. 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.
14. The winner(s) will be notified by Facebook message within 24 hours of the competition period ending.
15. The winner will then be required to private message Dr. Oetker Australia on Facebook within 24 hours with the following details:
a. Full name
b. Email address
c. A contact phone number
d. Proof of age if requested by Dr. Oetker Australia (e.g. photocopy of proof of age card, driver’s licence, passport, etc.)
e. Guardian permission if under 18 years of age
16. This is a game of skill and chance plays no part in determining the winner(s). Each will be individually judged against all other entries received in the Competition Period, based on the answer provided in the entry.
17. The Promoter’s decision is final and no correspondence will be entered into.
18. There will be one winner, the prize includes one KitchenAid Stand Mixer (colour and model subject to availability), a mermaid party pack (contents subject to availability, up to the value of $100) and a selection of Dr. Oetker products. The total prize pack is valued at $850 AUD.
19. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
20. If for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. The winner has 24 hours from notification by the Promoter of their winning entry, to claim the prize.
21. If a prize (or part of a 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.
22. Prize(s), or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
23. When an entrant submits any materials via the promotion including comments, answers to promotional questions, recordings and images, including Photographs, (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
24. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. 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 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or owner(s) of any property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any
breach of the above terms.
25. Entrants consent to the Promoter using their name, 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 for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
27. Any cost associated with accessing/using the Internet is the entrant’s responsibility and is dependent on the Internet service provider used.
28. 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.
29. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
30. 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) use/taking of a prize.
31. As a condition of accepting a prize, a winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion,
including but not limited to a legal release and indemnity form.
33. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.