http://www.facebook.com/ilovechangs?sk=app_211640892263683Terms & Conditions
Chang's Crispy Noodle Celebrity Salad promotion conditions of entry
1 Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
2 Entry is only open to residents of Australia aged eighteen (18) years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3 The promotion starts at 10:01am (AEDT) on 24/1/2012 and ends at midnight (AEDT) on 22/2/2012 (Promotional Period). The promotion will be divided into thirty (30) promotional days for the purpose of awarding Daily Prizes in this promotion (Promotional Days). Each Promotional Day will start at 12:01am (AEDT) (excluding the first Promotional Day which starts at 10:01am AEDT) and end at midnight (AEDT) on the same day during the Promotional Period. The daily judging for each Promotional Day will take place on the day following the Promotional Day and all Entries received on that Promotional Day will be included in the judging (Daily Judging). All valid Entries received during the Promotional Period will be eligible for the Grand Prize judging which will take place on 24/2/2012 (Grand Prize Judging). All judging will take place at the Promoter´s premises. Eligible Entries will be judged by a panel of appropriately qualified judges on a basis of originality and creative merit. Chance plays no part in determining the winners. The winners will be notified in writing by 28/2/2012. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. The judges´ decision is final and no correspondence will be entered into.
4 To enter, Entrants must, during the Promotional Period:
* Visit the ‘I Love Chang´s´ page on Facebook (
http://www.facebook.com/ilovechangs) (Promotional Website)
* Access the promotional application (Application) made available on the competition tab of the Promotional Website.
* Like´ the Promotional Website. Entrants who have previously ‘liked´ the Promotional Website will not be required to complete this step. For the avoidance of doubt, ‘like´ in this context means clicking the Facebook ‘like´ button on the Promotional Website.
* Follow the prompts of the Application in the manner required to correctly complete all required information and successfully submit the Application’s online entry form, including providing the Entrant’s full name, current and valid email address, mobile phone number, telephone number (including area code), and age range, as well as entering in the field provided a ‘Crispy Noodle Celebrity Salad’ recipe inspired by a celebrity of their choosing (the Recipe). The Recipe must use the Chang’s Crispy Noodle product as an ingredient and must include a precise description in fifty (50) words or less of all ingredients used and the method used to make the Recipe as well as naming the Entrant’s celebrity inspiration. Entrants may also choose to submit a photograph of their Crispy Noodle Celebrity Salad of no more than one (1) MB in size and in one (1) of the following formats accepted on Facebook: .jpeg, .gif, or .png. For the avoidance of doubt, the submission of a photograph is an optional step and will not deem an entry incomplete should this option not be elected by an Entrant.
5 The decision by the Promoter to accept or reject an Entry is in the Promoter´s sole discretion and no correspondence will be entered into. Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). Entrants acknowledge that their name and Entry may be available for public viewing on the Promotional Website (including on the “Walk of Fame”) for an unlimited time, as determined by the Promoter in its sole discretion. By entering the promotion, Entrants consent to the Promoter publishing or causing to be published confirmation that the Entrant has entered the promotion on the Entrant´s Facebook news feed.
6 All right, title and interest in all Intellectual Property Rights in all of the Promoter´s brands, logos, trading names, products and/or services, the Application and the Promotional Website will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter´s brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period use of the Promoter´s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to use the Application in the manner required to submit their Entry and feature the Chang´s Crispy Noodle product.
7 Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (but excluding Chang´s Crispy Noodles), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services.
8 Multiple Entries accepted however each Entry must be submitted separately, must be substantially unique and must independently comply with these Conditions of Entry (with the exception of Resubmitted Entries, as defined in below).
9 An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their Entry via the Application if the Promoter considers the Entry submitted to be ineligible to be accepted as a valid Entry (Resubmitted Entry). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as a valid Entry, is in the Promoter´s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as a valid Entry, the Resubmitted Entry will be deemed to be the Entry for the Entrant for the remainder of the promotion. If a Resubmitted Entry is rejected by the Promoter as a valid Entry, or is not received by the Promoter by midnight (AEDT) on 22/2/2012, the Entrant will not have gained an Entry into the promotion.
10 Facebook membership, the ‘liking´ of Facebook pages, and use of Facebook generally is subject to the Facebook prevailing terms and conditions of use available at
www.facebook.com. The 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. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant´s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
11 Entries must be submitted in the manner required and received by the Promoter during the Promotional Period. Entries and Resubmitted Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries or Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries or Resubmitted Entries.
12 The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
13 Costs associated with accessing the Promotional Website and Application remain an Entrant´s responsibility and may vary depending on the Internet service provider used. Contact details entered incorrectly via the Promotional Website or Application by an Entrant will deem an Entry invalid.
14 DAILY PRIZES: In each Daily Judging, the Entry judged to be the best Entry from all eligible Entries received during the corresponding Promotional Day will win one (1) daily prize (Daily Prizes). Daily Prizes are as follows: five (5) x Famous Magazine subscriptions for six (6) months (valued at $89.00 each); fifteen (15) x ‘The Great Aussie Barbie´ Cookbooks by Kim Terakes (valued at $35.00 each); and ten (10) x packs of selected Chang´s products (valued at up to $20.00). The particular Daily Prize awarded to the winning Entrant in each Daily Judging will be determined by the Promoter in its sole discretion. Total of thirty (30) Daily Prizes will be awarded in this promotion. Entries received during a given Promotional Day that are not the winning Entry in the Daily Judging WILL rollover to subsequent Daily Judgings (if any) and will also be eligible for the Grand Prize Judging (where applicable and as set out below). In the event that no Entries are received in a Daily Judging, the Daily Prize may be awarded in the subsequent Daily Judging (if any).
15 GRAND PRIZE: The Entry judged in the Grand Prize Judging to be the best Entry from all eligible Entries received during the Promotional Period will win one (1) BBQ prize pack, valued at up to $1,003.00 (Grand Prize). The Grand Prize consists of the following components:
* One (1) Everdure Neo Grosso BBQ, valued at $799.00
* One (1) Famous Magazine subscription for six (6) months, valued at $89.00
* One (1) ‘The Great Aussie Barbie´ Cookbook by Kim Terakes, valued at $35.00
* One (1) pack of selected Chang´s products, valued at up to $80.00
16 Total maximum Daily Prize pool value is up to $1,170.00. Total maximum Grand Prize pool value is up to $1,003.00. Total maximum prize pool value in this promotion is up to $2,173.00. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST (where applicable).
Content obligations
17 Each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: a breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; the Entrant´s use of the Promotional Website and/or Application, any postings or contributions on the Promotional Website or Application by any party in connection with the Entrant´s use of the Promotional Website and/or Application, or any error, defamation, libel, obscenity, profanity or inaccuracy of any content or information transmitted in connection with the Entrant´s use of the Promotional Website and/or Application; and any claim or allegation that the Entrant´s Entry infringes a third party´s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties trade secret or confidential information.
18 By entering this promotion, Entrants absolutely and unconditionally assign to the Promoter (and agree to use their best endeavours to procure any relevant third parties to absolutely and unconditionally assign to the Promoter) all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the moral rights provisions in the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat an Entrant´s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
19 A Regulator or any member of the public may wish to submit a notice, request, direction, complaint or instruction (Notification) to the Promoter in respect of any Entry. Except for Regulators, Notifications must be submitted to the Promoter during the Promotional Period at:
competition@changs.com. If, during the Promotional Period, the Promoter receives a Notification in respect of any Entry, the Promoter will consider the issues raised in the Notification and determine, in its sole discretion, whether the relevant contribution should be removed. The Entrant acknowledges and agrees that the Promoter may, without any liability, take any steps necessary in order to respond or comply with a Notification (to the extent the Promoter is legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to the Entrant.
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20 Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter´s satisfaction, at its sole discretion) in order to confirm the Entrant´s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter´s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid.
21 It is a condition of accepting the Prize that the winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
22 The Promoter reserves the right to verify the validity of Entries and Entrants (including an Entrant´s identity, age and address) and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry (including but not limited to submitting multiple Entries by using different Facebook profiles, email addresses or alternate names or submitting inappropriate content); or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter´s legal rights to recover damages or other compensation from such an offender are reserved.
23 A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
24 Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or Application, or the information on the Promotional Website or Application, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
25 If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter´s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
26 If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as an original prize or prizes.
27 The Promoter, its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged Entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufactures and/or distributors should be contacted in regards to all prize warranty claims.
28 As a condition of entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant´s name, likeness, image, voice, and/or Entry (including photograph, film and/or recording of the same), in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
29 An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects personal information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter´s Privacy Officer at the address below. All personal information will be stored at the office of the Promoter. A copy of the Promoter´s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.
30 By participating in the promotion, an Entrant also acknowledges that a further primary purpose for collection of the Entrant´s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with information on special offers or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the Entrant´s personal information in the manner set out in this condition.
31 In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Commonwealth Department of Broadband, Communications and the Digital Economy, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.
32 Promoter: Cypress and Sons Pty Ltd (ABN: 38 001 298 344) of 263 Parramatta Road, Auburn NSW 2144.
