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Terms and Conditions of Entry for the "Bulla Win a Trip to Disneyland Promotion" (the Promotion)
1. Information on How to Enter and prize information form part of these Terms and Conditions of Entry (Conditions of Entry). Entries not completed in accordance with these Conditions of Entry will be rejected
2. Submission of an Eligible Entry into the Promotion is deemed acceptance of these Conditions of Entry.
3. The promoter is Regal Cream Products Pty Ltd ACN 005 144 481 trading as Bulla Dairy Foods (ABN 11 005 144 481) of 15 Swann Drive, Derrimut, Victoria 3050, Australia (Promoter).
4. Any questions or comments regarding the Promotion should be directed to the Promoter by contacting them at
Customer_Service@bulla.com.au or calling freeecall 1800 001 332.
DEFINITIONS
5. In these Conditions of Entry and the Promotion:
(a) Eligible Entrant means a person who is eligible to enter the Promotion in accordance with clause 7;
(b) Eligible Entry means an entry into the Promotion submitted by an Eligible Entrant in accordance with clause 16;
(c) Major Prize has the meaning in clause 32;
(d) all monetary values set out in these Conditions of Entry are in Australian Dollars and are inclusive of GST unless expressly stated otherwise; and
(e) headings are for reference purposes only.
PROMOTION PERIOD
6. The Promotion will commence at 00:01 AEST on 23/04/2014 and end at 23:59 AEST on 03/06/2014 (Promotion Period).
ELIGIBLE ENTRANTS
7. Entry in the Promotion is only open to Australian residents aged 18 years or older, excluding:
(a) management, employees, directors and contractors of the Promoter, its related entities, the participating outlets and other agencies, firms or companies associated with the Promotion (including all suppliers of the prizes);
(b) immediate family of a person referred to in paragraph 7(a) of these Conditions of Entry. 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;
(c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter, including these Conditions of Entry, each, an Eligible Entrant. A person referred to in paragraph 7(b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter). The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
APPLICATION AND ENTRIES - GENERALLY
8. All entrants are responsible for ensuring their familiarity with the Conditions of Entry at the time of participation.
9. The Promoter’s decision not to enforce a specific restriction or right (whether communicated to an Eligible Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.
10. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only becomes aware of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
11. The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
12. The Promoter reserves the right, at any time, to verify the validity of all Eligible Entries and the eligibility of all Eligible Entrants, including their identity, age and place of residence, and to disqualify any Eligible Entrants who submits an entry that is not in accordance with these Conditions of Entry. Errors and omissions may be accepted or rejected at the Promoter’s discretion.
13. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to make further inquiries to determine the identity of the Eligible Entrant and if the Eligible Entrant is unable to be properly identified, to remove their Eligible Entries.
HOW TO ENTER
14. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period, purchase any two (2) Bulla products (Eligible Products) in one (1) transaction from a participating outlet (Qualifying Purchase) and complete their entry in accordance with these Conditions of Entry.
15. Entry is via the Internet.
16. Eligible Entrants must:
(a) visit
www.winwithbulla.com (Online Entry Site);
(b) fully complete and submit the online Promotion entry form on the Online Entry Site (Online Entry Form), including:
i. all details required on the Online Entry Form; and
ii. indicate their acceptance of these Conditions of Entry
(Eligible Entry).
17. If an Eligible Entrant submits an entry:
(a) which complies with these Conditions of Entry, they will receive an on-screen notification confirming that their entry is valid and has been received; or
(b) which does not comply with these Conditions of Entry, they will receive an on-screen notification that their entry is invalid,
whichever is applicable in the circumstances.
18. Each Qualifying Purchase counts towards one (1) entry only.
19. Eligible Entrants may enter the Promotion once (1 time) per day only, subject to a limit of 20 entries per Eligible Entrant during the Promotion Period.
20. Eligible Entrants may win one (1) prize in the Promotion only (excluding residents of South Australia who may win more than once).
21. Entry into the Promotion is free, save for the requirement to purchase any two Eligible Products as a Qualifying Purchase. Any costs associated with becoming eligible to apply, applying or participating in the Promotion, such as Internet access or download costs, are at the cost of the entrant and are dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser.
22. The Promoter is not responsible for technical difficulties with the entry mechanism.
23. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means invalid.
24. Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
25. Entries are deemed to be received at the time of receipt into the Promoter's database, not the time of transmission by the entrant.
VERIFICATION
26. Eligible Entrants must retain a copy of their purchase receipt corresponding to the Eligible Products they purchased as part of their Qualifying Purchase (Proof of Purchase) which corresponds to each Eligible Entry they submit in the Promotion in order to claim a prize (if won).
27. If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion:
(a)appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if drawn) and compliance with these Conditions of Entry; and
(b)their Proof of Purchase that corresponds to each Eligible Entry they have submitted in the Promotion.
28. If the items required by the Promoter are not received or identity has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed as invalid. A prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. In the event that an Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit their prize and no substitute will be offered.
29. Eligible Entrants can only enter the Promotion in their own name.
PRIZE DRAW AND PRIZE INFORMATION
30. A random electronic prize draw will be conducted at Prime Focus, 403/62 Beach Street, Port Melbourne, Victoria 3207 (Draw Location) by a representative of the Promoter at 12 noon AEST on 10/06/2014 (Prize Draw).
31. The first three (3) Eligible Entrants with an Eligible Entry drawn in the Prize Draw will win a Major Prize.
The next 350 Eligible Entrants with an Eligible Entry drawn in the Prize Draw will win a $200 (including GST) Woolworths gift card. Woolworths gift cards expire 12 months from issue. For Woolworths gift card terms and conditions see
http://everydaygiftcards.com.au/UploadDocuments/750546A9-BB98-4a96-BE5C-2BE3F68C2BDF/WISH_Gift_Card_Terms.pdf32. Each Major Prize is a $10,000 (including GST) Flight Centre gift card (Major Prize). Flight Centre gift cards expire 12 months from issue. For Flight Centre gift card terms and conditions see
http://www.flightcentre.com.au/cms_images/pdfs/policies/120215_giftcard_terms.pdf33. Acceptance and use of a prize is subject to the terms and conditions imposed by the respective prize provider. Any unused gift card balance will not be refunded or credited when a gift card expires. Where the cost of a purchase exceeds the available gift card value, the respective prize winner will be required to make up the difference between the purchase price and the gift card balance.
34. All costs associated or arising in connection with a prize are the sole responsibility of the respective prize winner. Any ancillary costs associated with redeeming a prize, including travel and accommodation costs, food and drink and personal expenses are not included and are at the prize winner's cost.
35. If any winner does not redeem a gift card, or any part of a gift card, before the expiry date specified on the gift card, then the winner will be deemed to have forfeited the relevant part of the gift card and no payment or compensation will be made in lieu.
36. The total prize pool available to be won in the Promotion is valued at $100,000 (including GST).
37. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality or suitability of any of the goods or services offered as prizes.
38. As a condition of accepting any prize, a winner may be requested to sign 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.
NOTIFICATION OF PRIZE WINNERS
39. Prizes will be delivered to the postal address supplied by each winner and all prize winners will be notified by an email sent to the email address supplied by each Eligible Entrant in their winning Eligible Entry.
40. The Major Prize winners will also be notified by phone and have their names advertised on
www.winwithbulla.com from 03/07/2014.
RE-DRAW (IF ANY)
41. If a prize is undeliverable (i.e. a prize winner cannot be located) or a prize is returned to the Promoter by 30/09/2014, a random electronic re-draw will be conducted on that date at 12 noon AEST at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from the relevant State and Territory Gaming Departments (Re-Draw).
NOTIFICATION OF RE-DRAW WINNER/S (IF ANY)
42. Re-Draw winner/s (if any) will be notified by an email sent to the email address supplied by each Eligible Entrant in their winning Eligible Entry.
43. Re-Draw Major Prize winner/s (if any) will also be notified by phone and have their names advertised on
www.winwithbulla.com from 22/10/2014.
GENERAL
44. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons the winning Eligible Entrant is.
45. The prizes are not transferable, exchangeable or redeemable for cash. The prizes must be taken as offered and may not be varied.
46. The Promoter shall not be liable for the prizes being lost, stolen, damaged or tampered with in any way before they reach the winners or after they have been released to the winners.
47. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of printing Promotion materials.
48. If the Promoter is unable to provide a winner with a nominated prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize, subject to any directions given by State and / or Territory Gaming Departments.
49. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The Promoter does not warrant that the entry mechanism will be available, or the participating outlets will be open, at all times during the Promotion Period.
50. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
51. Except for any liability that cannot be excluded by law, the Promoter (including its 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 this Promotion, including, but not limited to, where arising out of the following:
(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 Eligible Entry 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 Conditions of Entry;
(e) any tax liability incurred by a winner or Eligible Entrant that may arise from winning or receiving the benefit of a prize; or
(f) participation in the Promotion or use or misuse of a prize.
This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
52. If any term, agreement or condition of these Conditions of Entry or the application of these terms to any person or any circumstance is or becomes illegal, invalid or unenforceable, it will be read down, if such reading down is possible, and if found to be impossible, will be severed and the remaining terms and conditions shall not be affected.
53. These Conditions of Entry are to be interpreted in accordance with the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.
54. CAUTION: Any attempt to deliberately 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.
PERSONAL INFORMATION
55. All Eligible Entries become the sole property of the Promoter.
56. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a prize winner or otherwise (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), the Promoter and any products manufactured, distributed and/or supplied by the Promoter.
57. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, its agents, contractors, service providers, prize suppliers or regulatory authority, and for any purpose for which the Eligible Entrant has previously consented, including but not limited to, future promotional, marketing and publicity purposes. 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 Eligible Entrant.
58. Eligible Entrants can request access to update or correct their personal information held by the Promoter and may request that they opt out of receiving further promotional or marketing communications from the Promoter by contacting the Promoter at the address above. Should an Eligible Entrant's contact details change during the Promotion Period, it is the Eligible Entrant's responsibility to notify the Promoter. All personal information will be securely stored by the Promoter.
59. For further information regarding the Promoter's collection and use of personal information, you can view the Promoter’s privacy policy at
http://www.bullacream.com.au/other/privacy.
60. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988, as updated and amended from time to time.
VARIATIONS
61. The Promoter may, in its absolute discretion, but subject to State and Territory law, modify, suspend, cancel, recommence or extend this Promotion, as appropriate, if:
(a) for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical or software failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or
(b) the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
62. Where the Promoter does modify, suspend, cancel or in any way amend the Promotion, the Promoter will provide notice of this on
www.winwithbulla.com Authorised under Permit Numbers – SA T14/164, VIC 14/3338, NSW LTPS/14/01053 & ACT TP 14/00324.
Starts 00:01 AEST 23/04/14 & ends 23:59 AEST 03/06/14. Open to Australian residents aged 18 yrs+. Limit 1 entry per day, up to 20 for the promotion. Prize draw – 12 noon AEST 1.0/06/14 at Prime Focus, 403/62 Beach St, Port Melbourne, VIC 3207. 3 Major Prizes – each a $10,000 (inc GST) Flight Centre gift card. 350 Minor Prizes – each a $200 (inc GST) Woolworths gift card. Gift cards expire 12 months from issue & are subject to terms & conditions of the issuer. Total prize pool valued up to $100,000 (inc GST). Limit 1 prize per person (exc SA). Major Prize winners advertised on
www.winwithbulla.com 03/07/14. Promoter is Bulla Dairy Foods (ABN 11 005 144 481) of 15 Swann Drive, Derrimut, VIC 3050.
Authorised under Permit Numbers – SA T14/164, VIC 14/3338, NSW LTPS/14/01053 & ACT TP 14/00324.
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