https://www.facebook.com/TheLaughingCowAUNZ?sk=app_451684954848385&brandloc=DISABLE&app_data=chk-55ebef663d6bfSPREAD DIP SNACK YOUR WAY” PROMOTION
TERMS AND CONDITIONS
Eligibility Criteria
1. Entry is only open to residents of Australia and New Zealand aged 18 years or over. Individuals must have a Facebook account in order to access the promotional page.
2. 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.
Promotional Period and Promotional Components
3. There will be two (2) components to this promotion: (1) a Daily Prize Component; and (2) a Weekly Prize Component.
4. Promotion commences at 12am (midnight) Australian Eastern Standard Time (AEST) / 2am New Zealand Standard Time (NZST) on 01/09/2015 and final entries close at 11:59pm Australian Eastern Daylight Saving Time (AEDST) on 05/10/2015 / 1.59am New Zealand Daylight Saving Time (NZDST) on 06/10/2015 (“Promotional Period”).
How to Enter
5. To be eligible to enter, individuals must either: (a) take an original and creative photograph that demonstrates how they snack with Laughing Cow cheese (“Photograph”); or (b) write an original story about how they snack with Laughing Cow cheese (“Story”).
6. To enter, individuals must then complete the following steps during the Promotional Period:
(a) visit the Laughing Cow AU & NZ Facebook Page at
https://www.facebook.com/TheLaughingCowAUNZ (“Facebook Page”);
(b) follow the prompts to the ‘Spread Dip Snack Your Way’ promotional application;
(c) input the requested details (including but not limited to their full name and a valid email address);
(d) upload their Photograph or Story to the entry form. Uploaded files must be submitted in JPG or PNG format and must not exceed 50MB file size; and
(e) submit the fully completed entry form.
Each entrant warrants to the Promoter that the entry submitted is an original creative work of the entrant that does not infringe the rights of any third party. All Photographs and Stories must comply with and are subject to the provisions contained in clause 25.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each Photograph/Story must be substantially unique; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of one (1) entry per person per day is permitted.
Daily Prizes Component
9. There will be one (1) draw conducted for the entries received each day of the Promotional Period (“Daily Draws”), for a total of thirty four (35) Daily Draws. For the purpose of these Terms and Conditions, a day begins at 12am (midnight) (AEST/AEDST) and ends at 11.59pm (AEST/AEDST). Entries into each Daily Draw will open and close each day based on local time in Victoria, Australia. Each Daily Draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne VIC 3004, Australia, at 12:00pm (noon) on the next business day after entries close for that Daily Draw, with the first Daily Draw taking place on 02/09/2015 and the last Daily Draw taking place on 06/10/2015. For the removal of doubt, no Daily Draws will be conducted during the weekend or on a public holiday in Victoria, Australia and the Daily Draw in respect of entries received on a Friday, Saturday or on a public holiday in Victoria, Australia with be conducted on the next business day in Victoria, Australia. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draw(s).
10. The winners will be notified by email within two (2) business days of the relevant Daily Draw. If a winner is unable to be notified (including where the notification email is returned undeliverable) or fails to respond to notification by 11/01/2016, or does not claim his/her prize by 11/01/2016 the prize will be treated as unclaimed and will be awarded to another winner in accordance with clause 20 (“Unclaimed Prize”).
11. The first valid entry randomly drawn in each Daily Draw will each win a $100 EFTPOS Gift Card (for winners who are Australian residents) or a $1000 Visa gift card (for winners who are New Zealand residents) (“Daily Prize”). Gift Cards will be awarded in the winner’s local currency (i.e. if a winner is an Australian resident, they will receive an AU$100 EFTPOS Gift Card, and if a winner is a New Zealand resident, they will receive an NZ$100 VISA Gift Card).
12. Any ancillary costs associated with redeeming the EFTPOS Gift Cards or Visa Gift Cards are not included. Any unused balance of the EFTPOS Gift Cards or Visa Gift Cards will not be awarded as cash. Redemption of the EFTPOS Gift Cards and Visa Gift Cards is subject to any terms and conditions of the issuer including those specified on the EFTPOS Gift Card or Visa Gift Card.
Weekly Prizes Component
13. There will also be one (1) draw conducted for the entries received each week (Tuesday to Monday) of the Promotional Period (“Weekly Draws”), for a total of five (5) Weekly Draws. Entries into each Weekly Draw will open on Tuesday at 12:00am (AEST/AEDST) and close on the following Monday at 11:59pm (AEST/AEDST) each week of the Promotional Period based on local time in Victoria, Australia. Each Weekly Draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne VIC 3004, Australia, at 2:00pm on the next business day after entries close for that Weekly Draw, with the first Weekly Draw taking place on 08/09/2015 and the last Weekly Draw taking place on 06/10/2015. For the removal of doubt, no Weekly Draws will be conducted during the weekend or on a public holiday in Victoria, Australia. Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draw(s).
14. The winners will be notified by email within two (2) business days of the relevant Weekly Draw. Weekly Draw winners will be published on the Facebook Page at
https://www.facebook.com/TheLaughingCowAUNZ from the first Wednesday after each relevant Weekly Draw, with the first publication from 09/09/2015 (for Weekly Draw 1) and the last publication date from 07/10/2015 (for Weekly Draw 5).
15. The first valid entry randomly drawn in each Weekly Draw, will each win a $1,000 EFTPOS Gift Card (for winners who are Australian residents) or a $100 Visa gift card (for winners who are New Zealand residents) (“Weekly Prize”). Gift Cards will be awarded in the winner’s local currency (i.e. if a winner is an Australian resident, they will receive an AU$1,000 EFTPOS Gift Card, and if a winner is a New Zealand resident, they will receive a NZ$1,000 Visa Gift Card).
General
16. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
17. 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, 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.
18. 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.
19. The Promoter’s decision is final and no correspondence will be entered into.
20. If any prizes remain unclaimed by 2pm (AEDST) on 11/01/2016 then a draw for any Unclaimed Prizes may take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne VIC 3004, Australia on 11/01/2016 at 2:00pm (AEDST) in respect of all valid entries received during the Promotional Period that have not already received a prize, subject to any directions from a regulatory authority. Unclaimed Prizes, if any, in the unclaimed prize draw will be awarded in descending order of value. Winners, if any, will be notified by email within two (2) business days of the draw. Any winners of Unclaimed Prizes will be published on the Facebook Page at
https://www.facebook.com/TheLaughingCowAUNZ from 13/01/2016.
21. If for any reason a winner does not take a prize, then the prize will be forfeited.
22. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
23. The total prize pool value is up to AU$8,500 / NZ$8,500.
24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
25. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photographs and Stories (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish 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 is 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) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original work of the entrant or the entrant 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) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) or New Zealand Copyright Act 1994 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
26. As a condition of entering this promotion, each entrant 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 their entry (which shall include Content) 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.
27. 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.
28. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
29. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
30. 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.
31. 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) taking/redemption of a prize.
32. As a condition of accepting a prize, each winner maybe required to 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 Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
http://www.thelaughingcow.com.au/privacy/ (for AU residents) or
http://www.thelaughingcow.com.au/privacy-policy-new-zealand/ (for NZ residents). If entrants have opted in at the point of entry by ticking the opt-in box, then, in addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the applicable privacy laws and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the relevant Privacy Policy).
34. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
35. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability, which cannot be excluded by law.
36. 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.
37. The promoter (“Promoter”) is Bel Australia Pty Ltd (ABN 45 600 057 298) of Level 1, 83 Palmerston Crescent, South Melbourne, VIC 3205, telephone (03) 9690 8770.
NSW Permit No. LTPS/15/06031; ACT Permit No. TP15/06883; SA Licence No. T15/1349
