https://www.facebook.com/DRUMSTICKAustraliaWant to win a SUMMER’S WORTH OF DRUMSTICK*? Aussie legend Dame Edna will tell you how!
*Prize awarded as 240 Drumstick ice creams or a $500 Coles voucher. Conditions Apply. To enter, share a story, short video or picture on this page of what makes you or someone you know (with their consent) legendary. Or tag a little legend and encourage them to enter. Prize awarded to nominated legend, so if you nominate someone else they have a chance to win.
Terms and Conditions of Entry for the Drumstick #YOULITTLELEGEND Promotion (Promotion).
1. These terms and condition of entry, including information on how to participate and Prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.
2. The promoter (Promoter) is Australasian Food Group Pty Ltd, trading as Peters Ice Cream, (ABN 11 154 314 913) of 254-294 Wellington Rd, Mulgrave VIC 3170.
3. The Promotion period commences at 12am (midnight) Australian Eastern Daylight Savings Time (AEDST) on Sunday 8th November 2015 and ends at 11.59pm AEDST on Sunday 13th December 2015 (Promotion Period).
4. Participation in the Promotion is only open to Australian residents aged 18 years and over, excluding:
(a) management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including suppliers of Prizes);
(b) a spouse, de-facto spouse, parent, guardian,child or sibling of a person referred to in clause 4(a) of these Terms; and
(c) persons who have used or attempted to use anymore than one name in order to enter a promotion conducted by the Promoter (except in the case of a legal change of name);
(Participants).
The Promoter is responsible for determining whether a person is an eligible Participant in its absolute discretion.
HOW TO ENTER AND ENTRY RESTRICTIONS
5. To participate in the Promotion, Participants must nominate themselves or an eligible friend for being a little legend during the Promotion Period, via either one (1) of the entry methods outlined below. Participants can only nominate themselves or a friend whois an Australian resident aged 18 years or over and who consents to being nominated in this Promotion by the Participant. Nominations of more than one person (e.g. a group) in a single entry are not allowed. Participants should not provide any personal details about their friends beyond their first name and as indicated below (and can only do so with their friend’s prior consent).
Entry Methods:
a) Facebook: Participants must visit the Drumstick Australia Facebook page (
https://www.facebook.com/DRUMSTICKAustralia) and upload a photo, short video or comment, either as a new post or as a comment on any existing posts, that captures or explains why they (if they are nominating themselves) or their friend (if they are nominating a friend) are deserving of legendary status. All content must be in line with Facebook guidelines (in terms of content and format). Entrants must follow any instructions posted on Facebook in the comment section of the Facebook posts or on the Drumstick Facebook page. If individuals think a friend should nominate themselves, they can tag them in a promotional post, however, this is not a condition of entry;
OR
b) Instagram: Participants must upload a photo of themselves or a friend that captures why they (if they are nominating themselves) or their friend (if they are nominating a friend) are deserving of legendary status on their Instagram account, with the hashtag #YouLittleLegend and the tag @DrumstickAU. Participant’s Instagram account must be set to public and all photographs submitted must be in compliance with Instagram terms (in terms of content and format). Entrants must follow any instructions posted on the Drumstick Instagram page.
Individuals must: (a) either own the copyright in or have permission to submit in this Promotion any comment, photo or video they submit (Content); (b) have permission to submit the Content from any person featured in the Content and/or from the owners of any property featured in theContent; and (c) ensure that their Content is otherwise in compliance with clause 6 below.
6. Participants agree that they are fully responsible for any Content they submit in the Promotion. 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. Participants 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, potentially misleading (including in relation to unsubstantiated health claims), in breach of advertising or community standards or codes of practice, unrelated the Promotion, suggests, incites or condones illegal or irresponsible behavior, portrays or condones the consumption of alcohol or illegal substances or breaches the Promoter’s marketing standards including not marketing to children, or is otherwise unsuitable for publication;
(b) their Content shall not contain personal attacks or comments about the Promoter or its products or representatives that the Promoter deems to be inappropriate in the context of the Promotion or damaging to its brand;
(c) their Content shall not contain viruses or cause injury or harm to any person or entity;
(d) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(e) the Content is the original work of the entrant or they 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 theContent does not infringe the rights of any third party;
(f) 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) and warrant that they have the full authority to grant these rights; and
(g) 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.
7. Multiple entries are permitted per Participant.However, a maximum of one (1) Prize can be won per person.
8. Incomplete, indecipherable or incorrect entries are not eligible to win.
JUDGING AND PRIZES
9. This Promotion is a game of skill and chance plays no part in determining the winners.
10. Entries will be judged by a representative(s) of the Promoter and will be judged based on creativity of the Content submitted and how well the Content reflects the promotional theme, as well as the adherence to the entry instructions.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. There will be a total of five (5) Prizes awarded as part of this Promotion, across five (5) different judging rounds. Judging rounds will take place on 16 November 2015, 23 November 2015, 30 November 2015,7 December 2015 and 14 December 2015. Entries for each judging round close at11.59pm AEDST the day prior to the judging round.
13. The little legend nominated in the valid entry deemed to be the best, as determined by the Promoter, in each judging round will win the Prize. Each Prize is a ‘Summer’s Supply of Drumsticks’, awarded (subject to the conditions below) as the winner’s choice of either:
a) Where the Participant resides in a metropolitan area of Melbourne, Sydney or Brisbane:
Ten (10) cases of Drumstick ice creams, containing 24 ice creams in each box(for a total of 240 individual ice creams, which equates to over 2 for each day of summer), valued at RRP$480. Flavours of Drumstick ice cream awarded under this clause 13(a) shall be determined by the Promoter in consultation with the winner and are at all times subject to availability. If agreement cannot be reached, the flavours shall be determined by the Promoter. Drumstick ice creams will be delivered to theParticipant’s residential address in a maximum of 2 deliveries between the months of December 2015 and February 2016. A freezer will not be provided by the Promoter and storage will be the winner’s responsibility. Flavour selection included at the time of each delivery will be subject to availability and the Promoter reserves the right to substitute flavours where necessary.
OR
(b) A $500 Coles voucher; (Prize)
For the avoidance of doubt, if the Participant nominated themselves as the little legend in the winning entry then they will receive the Prize, or if theParticipant nominated a friend as the little legend in their entry, then their friend will receive the Prize (not the Participant).
14. Participants will be notified via Facebook/Instagram (in accordance with entry method) reply comment if their entry is selected with Prize claim instructions, and if they have nominated a friend, they will be required to have their friend contact the Promoter directly via the details provided in the notification message to claim the Prize.
15. Redemption for a given Prize needs to occur within 6 weeks of notification. If the Prize is not claimed within this timeframe then it will be forfeited.
16. Total Prize pool value is AU$2,500
GENERAL
17. As a condition of participating in this promotion, each Participant 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.
18. As a condition of accepting the Prize, each individual who is chosen as a little legend consents to the Promoter using their name, likeness, image and/or voice (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.
19. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied. If the 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.
20. The Promoter shall not be liable for the Prize being lost, stolen, damaged or tampered with in any way.
21. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period.
22. In the event that for any reason whatsoever the winner does not claim the Prize at the time stipulated by the Promoter then that Prize will be forfeited by that winner and cash will not be awarded in lieu of the Prize. The Promoter reserves the right to distribute the unclaimed Prizes to the next best entry or entries (as applicable), as selected by the Promoter and notify those entries in accordance with clause 14.
23. If, for any reason, the Promotion is not capable of being run as planned, including due to tampering, unauthorised intervention,fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, including cancelling, terminating,modifying or suspending the Promotion and/or disqualifying an individual.
24. To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website, or any combination thereof (including, but not limited to) any injury or damage to Participant’s, winner’s or any other person’s computer related to or resulting from participation in or downloading any materials in this Promotion.
25. Any ancillary costs associated with redeeming the Prize are not included. Any unused balance of the Prize will not be awarded as cash. Acceptance and use of the Prize is subject to terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the Prize, including those specified on the Prize.
26. The Promoter reserves the right, at any time, to verify the validity of Participants and any winner (including identity, age, place of residence and the veracity of the Content submitted) 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, 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 maybe 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. ThePromoter's legal rights to recover damages or other compensation from such an offender are reserved.
27. If there is a dispute as to the identity of aParticipant or winner, the Promoter reserves the right, in its sole discretion,to determine the identity of the Participant or winner.
28. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.
29. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of thePrize.
30. Each Participant and winner acknowledges and agrees that it is a condition of participation in the Promotion that they be capable of agreeing to these Terms and giving the consents contained herein.
31. 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 Actor similar consumer protection laws in the States and Territories of Australia (“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.
32. 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/redemption of the Prize.
33. Participants who enter via Facebook:
(a) acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
(b) acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook.
(c) Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
(d) To the maximum extent permitted by law, they release Facebook and its associated companies from all liability arising in respect of the Promotion.
(e) Entry and continued participation in thePromotion is dependent on individuals following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
http://www.facebook.com/terms.php.
34. Participants who enter via Instagram:
(a) acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
(b) acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Instagram.
(c) Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Instagram.
(d) To the maximum extent permitted by law, they release Instagram and their associated companies from all liability arising in respect of the Promotion.
(e) Entry and continued participation in thePromotion is dependent on entrants following and acting in accordance with the Instagram Terms of Use, which can be viewed at
https://instagram.com/about/legal/terms/#.
35. 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 and prize suppliers. 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.peters.com.au/resources/privacy-policy/#. 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 Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
Australian Competitions Club
