Berri Aus Grown Competition

http://food.ninemsn.com.au/compintro.aspx?compid=6739051



1.   Instructions on how to enter and the prize forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2.   Entry is open to residents of Australia aged 18 years and over. Employees of the Promoter, LD&D Australia Pty Ltd (“LD&D”), advertising agencies and their immediate families, are not eligible to enter.

3.   Only one (1) entry per person will be permitted.

4.   The promotion commences on the 6th February 2012 and closes 11:59pm AEDST on the 11th March 2012. The draw will take place at the Promoter’s premises 717 Bourke Street Docklands VIC 3000 on the 13th March 2012 at 11.00am AEDST. The winner will be notified by phone and in writing by mail using the contact details given in their entry within two (2) business days of the draw. The winner’s name will be published in the Australian on the 27th March 2012.

5.   To enter, individuals must visit www.ninemsn.com.au during the promotional period, follow the appropriate links to the competition page. Entrants must then complete the online entry form including their full name, address, daytime telephone number and an answer to the competition question: “True or False: Berri Australian Grown is never made from concentrate?”

6.   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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.

7.   Incomplete, indecipherable or illegible entries will be deemed invalid.

8.   The first valid, and correct, entry as drawn from all valid entries received will win the following prize valued at up to $5000:

•   Two (2) x nights’ twin share accommodation at Oceans Mooloolaba Beach, Queensland, valued at $840;
•   Two (2) return economy airfares for two (2) adults to Melbourne from the winner’s nearest capital city valued at up to $3,710 (depending on point of departure). If the winner is from Queensland then prize does not include airfares and the airfare component of the prize is not redeemable for cash;
•   Return transfers from the airport to hotel in Mooloolaba only, valued at up to $250; and
•   Whale One whale watching tour valued at $200. 

9.   Total prize pool is up to $5000 (incl. GST depending on point of departure). Prize is subject to availability at the time of booking. Prize does not include spending money, meals (unless specified above), insurance, transfers to and from the departure point, in room charges, and or ancillary costs associated with redeeming the prize. These are the responsibility of the winner and companion. Frequent flyer points will not form part of the prize. The prize is subject to the terms and conditions of the various prize suppliers.  The Promoter and LD&D are not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of the prize suppliers or otherwise as a result of the winner accepting and/or using the prize, except for any loss, damage or injury which is due to the negligence or wilful misconduct of the Promoter or LD&D (as appropriate) where the law otherwise prohibits the Promoter and LD&D from excluding its liability for such injury, death or damage.

10.   It is a condition of accepting the prize that the winner may be requested to present their credit card upon arrival at any accommodation to cover all incidentals they may incur during their stay. Other personal expenses not specified in the prize package must be paid for by the winner.  The hotel accommodation does not include dry-cleaning, room service or any other service than those expressly stated.

11.   Prize must be redeemed as a package and must be redeemed in full by 12 September 2012, In the event that for any reason whatsoever the prize is not redeemed by this date , the prize will be forfeited by the winner and cash, nor any other prize will be awarded in lieu of the prize being forfeited.

12.   Accommodation booking is subject to availability and blackout periods may apply. Prize cannot be taken during school holidays or on public holidays.

13.   The Promoter’s decision is final and no correspondence will be entered into.

14.   Prize must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed as cash, unless otherwise specified. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. In the event that a portion of the prize is awarded to the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of the prize subject to the standard terms and conditions and guidelines of the accommodation venue and the activity service provider. Failure to follow the standard rules and guidelines presented will result in the winner forfeiting their right to participate in the said activity.

15.   The Promoter may conduct such further draws at the same time and place as the original draws as are necessary at 10:00am AEST on 13th June 2012 in order to distribute the prize if it remains unclaimed by that date. Subject to all the requirements under any relevant state and territory regulations and any written directions from any regulatory authority, the winner of the redraw will be notified in writing within two (2) business days and their name will be published in The Australian on, 26th June 2012.

16.   In the event that for any reason whatsoever the prize winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited by the prize winner and cash will not be awarded in lieu of the prize or that element of the prize.

17.   In the event that the prize, or part of the prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.

18.   The Promoter reserves the right to request the winner to provide proof of age and identity. Identification considered suitable for verification is at the discretion of the Promoter.

19.   Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information either caused by website users or by any of the equipment or programming associated or utilised in this competition, or by any technical error that may occur in the course of administration of this competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.

20.   LD&D acts as an agent for and on behalf of LD&D Milk Pty Limited, LD&D Foods Pty Limited, Berri Pty Limited, Butterfields Specialty Foods Pty Ltd, Dairy Farmers Pty Limited, Dairy Vale Foods Pty Ltd and QUD Pty Ltd in accordance with the agency arrangements detailed more specifically by calling LD&D’s consumer enquiry centre.  Each entrant expressly acknowledges the appointment of LD&D by the companies listed above as agent of those companies.  All acts by LD&D in connection with this promotion are acts taken on behalf of the companies listed above as agent of those companies.

21.   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.

22.   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 State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and L&D (including their respective officers, employees and agents) exclude 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.

23.   Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees,  the Promoter and LD&D (including their respective officers, employees and agents) are not responsible for and exclude 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 or LD&D’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 or LD&D; (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 of the prize.

24.   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, 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.

25.   The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.

26.   All entries become the property of the Promoter and LD&D. The collection, use and disclosure of personal information provided in connection with this competition is governed by The Privacy Notice (see contents page for location in this issue) in relation to the Promoter and LD&D’s Privacy Policy in relation to LD&D. By entering the promotion and making the appropriate selection on the entry form, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and the Promoter or LD&D may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. A request to access, update or correct any information should be directed to the Promoter (in relation to the Promoter) or LD&D (in relation to LD&D)

27.   By entering this promotion, the entrant consents to receipt of any email regarding the promotion, and other emails which inform the entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in.

28.   The winner agrees to the use of their name, image and photograph/s for publicity and promotional purposes for an unlimited time, without compensation, and agrees that the Promoter and LD&D will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

29.   By entering the promotion, each entrant agrees in addition to the above uses, that the Promoter and LD&D may disclose entrants’ personal information, to State and Territory lottery departments, the winner’s name will be published as required under the relevant lottery legislation and the Promoter and LD&D may publish or cause to be published the winner's names and suburb in any media. Entrants can access and correct the personal information LD&D holds about them by contacting LD&D on 1800 677 852. LD&D’s full privacy policy is available upon request.

30.   The Promoter is ACP Magazines Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000.  Phone: 8268 8000.
Authorised under Permit Numbers: NSW:LTPS/12/218, ACT:TP12/111.