https://www.facebook.com/pages/Ice-Magic/256675911032547?sk=app_140673776052296To enter, simply upload a photo of your Ice Magic creation with a caption, and enter your contact details below.H J HEINZ CO AUSTRALIA LIMITED
THE ICE MAGIC GRAFFITI ART PROJECT
CONDITIONS OF ENTRY
Promoter is H J Heinz Co Australia Limited (ABN: 87004200319) of Level 8, Freshwater Place, 2 Southbank Boulevard Southbank VIC 3006
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 by Internet only via Facebook.
Entry is only open to persons who are residents of Australia aged 13 years and over (Entrants). Directors, management and employees (and their immediate family) of the Promoter or one of its agents connected with this promotion are ineligible to enter the promotion.
If the Entrant is under the age of 18 years at the time of submitting their entry, the Entrant must obtain prior parental or legal guardian consent to enter the promotion. All entries of Entrants who are under the age of 18 and do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If any prize-winner is aged under 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner.
The promotion starts at 12:01am (AEDST) on Monday 20/02/2012 and
closes at 11:59pm (AEDST) on Saturday 31/03/2012 (Promotional Period).
To enter the promotion, Entrants must, during the Promotional Period:
Log onto and register on the Facebook platform (
www.facebook.com);
Access and ‘Like’ the ‘Ice Magic’ Facebook page on Facebook (facebook.com/pages/Ice-Magic/256675911032547) (Promotional Website), then
Locate the “Ice Magic Graffiti Art Project” application (Application) made available on the Promotional Website and follow the prompts in the manner required to
submit an entry, including providing their first and last name, email address, daytime phone number, photo title and a photo of their Ice Magic creation. Each entry must be:
original and independently created by the entrant; and
free from any claims, including any claims concerning intellectual property right of other parties
Multiple entries by the same Entrant will be permitted, subject to each single entry be submitted separately and in accordance with the entry requirements. Each single entry must be unique.
Only one (1) entry per Entrant per day will be permitted.
An entry is deemed to be received at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Entries which are partially or wholly incomplete, inaccurate, erroneous, ineligible or incomprehensible will automatically be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.
Entrants acknowledge that by submitting their entry, their Facebook profile photograph may be featured on the Application and/or any associated Facebook page for public viewing. Facebook membership and the use of Facebook generally are 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 via Facebook. 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.
Entrants are not permitted to have multiple Facebook accounts. The Promoter can disqualify any entrant with more than one Facebook account. A profile representing a business, interest group or fictitious person or person under 13 years of age cannot enter the Promotion and entries submitted by such entities will not be counted.
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.
Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the internet service provider used. Contact details entered incorrectly on the Promotional Website by an Entrant will automatically deem an entry invalid.
PRIZES
Each entry will be individually reviewed and judged by Melbourne Graffiti artist ‘Prizm’ (Judge), commencing at 10:00am (AEDST) on Monday 9/04/2012 at (Level 2, 4-10 Amsterdam Street, Richmond VIC 3121). This is a game of skill and chance plays no part in determining the winning Entrant. Each entry will be individually judged based on originality and creativity of their Ice Magic creation.
The most creative entry as determined by the Judge, will win a trip to New Zealand for two people valued up to $4,500 (Major Prize). The prize includes:
two (2) return economy airfares from the winner’s nearest capital city to Queenstown Airport in New Zealand;
seven (7) nights 4 star accommodation for two (2) people in Queenstown;
five (5) day flexi ski lift pass for two (2) people;
continental breakfast daily for two (2) people
All components of the prize must be taken together by the winning Entrant and their companion. Total maximum prize pool value is up to AU $4,500.
The Judge 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.
The winning Entrant will be notified by telephone and in writing by the means of email on Monday 9/04/2012 and their name and locality will be published in The Australian newspaper and on the Ice Magic Facebook page on Wednesday 18/04/2012.
The Judge’s decision is final and no correspondence will be entered into.
The winning Entrant and companion must depart from and return to the same departure point and travel together. No extension or variation of the dates nominated by the Promoter will be permitted. The Major Prize cannot be used in conjunction with any other tickets, discounts or special offers. Accommodation is to be arranged by an agent of the Promoter. The winning Entrant may be required to present a credit card at time of accommodation check-in.
Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.
All additional costs not expressly stated, but which may be incurred in acceptance and use of a Major Prize are the responsibility of the winning Entrant and their companion (if any). Such additional costs include, but are not limited to, travel to and from the departure point, additional meals, additional beverages, mini-bar or other hotel expenses, telephone calls, spending money, travel insurance, additional transport to and from the ski resorts and any other transfers.
The winning Entrant and their companion must ensure they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. All costs associated with obtaining travel documentation, any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the winner.
GENERAL
The Major Prize winner must confirm in writing that they will accept the Major Prize by Monday 14/05/2012 otherwise the entire Major Prize is forfeited. In the event that the winner does not respond within the time frame, that winning entry will be deemed invalid. If the Major Prize remains unclaimed or is forfeited for any reason, then the Promoter may award, in its sole discretion, the Major Prize to the Entrant with the next best entry on Tuesday 15/05/2012. If so awarded, event this winner they be notified by telephone and in writing by means of an email and the name and locality of winner will be published in The Australian on Friday 18/05/2012.
The Major prize must be redeemed within six (6) months from the date the winner is notified. The Major Prize is not transferable or exchangeable and cannot be taken as cash. The Promoter accepts no responsibility for any tax implications that may arise from any 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.
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 (as applicable) 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 (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entry, Entrant has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.
The Promoter reserves the right to request a winner’s companion (if any) 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 companion’s (if any) identity and age before issuing the Major Prize.
The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant from the promotion if the Promoter reasonably believes they have: (a) tampered with the entry process; (b) submitted an entry which is not in accordance with these Conditions of Entry; (c) engaged in any unlawful or other improper conduct 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. A prize will only be awarded following any winning Entrant validation and verification that the Promoter requires in its sole discretion.
Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, 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 in full for those losses, damages and costs payable as a debt due on demand.
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 may be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.
If this promotion is not capable of running as planned for any reason, 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, subject to any written directions made under applicable State or Territory legislation.
The Promoter excludes 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 loss and/or damage arising from: (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.
As a condition of entering this promotion, an Entrant consents to, in the event they are the winning Entrant, the Promoter using the Entrant’s name, entry creation, likeness, image and/or voice (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.
All entries and any intellectual property (including copyright) rights subsisting in the entries irrevocably become, at time of entry, the property of the Promoter. Including but not limited to the rights to use, reproduce, modify, adapt, publish and display the entry for any purpose, in any media. Entrants agree not to assert any moral rights in relation to their respective entries. The Promoter collects personal information about an Entrant for the primary purpose of including the Entrant in the promotion and, where appropriate, awarding prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
In addition to the above primary purpose an Entrant also agrees that the Promoter may:
In the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation.
use the information for research, survey or educational purposes including to contact the Entrant in the future this purpose 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.
