“The Search For Australia’s Most Magnificent Nose”
Promotion Terms & Conditions
1. Entry is only open to Australian residents aged 18 years or over.
2. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.
3. Entries open on 27/07/2016 and close at 11:59pm AEST on 24/08/2016 (“Entry Period”).
4. To be eligible to enter, individuals must take (either prior to or during the Entry Period) an original and creative photograph of their nose (“Photo”). The Photo can either be a close-up of just the entrant’s nose, or can include the entrant’s entire face.
5. To enter, individuals must then complete one (1) of the following entry methods during the Entry Period:
a) Facebook Entry: visit the Great Southern Truffles Facebook Page at https://www.facebook.com/GreatSouthernTruffles/, follow the prompts to the promotion entry page/widget, input the requested personal details (including their full name and a valid email address), upload their Photo, and submit the fully completed entry form; OR
b) Instagram Entry: upload the Photo to their Instagram account including the hashtag “#TruffleNose2016” in the caption field; OR
c) Twitter Entry: upload the Photo to their Twitter account including the tag “@GSTruffles”in the caption field.
The public profile of the Instagram or Twitter account used to enter must contain sufficient personally identifiable information to adequately identify the entrant. Each entrant warrants to the Promoter that the Photo and any other content submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 33.
6. Once individuals have submitted a Photo, they will have their Photo uploaded onto the Great Southern Truffles Facebook Page for public viewing and voting. All Photos will be reviewed by the Promoter for compliance with these Terms and Conditions prior to being uploaded. Photos that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, may, at the discretion of the Promoter, not be published or removed from the Great Southern Truffles Facebook Page at any time. In addition, any entrant that submits such content will not be eligible to win.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry is permitted per person.
9. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, 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 may 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
11. Voting is only open to residents of Australia. Individuals must have a Facebook account in order to access the promotional page and cast a vote.
12. Voting commences on 29/08/2016 and ends at 11:59pm AEST on 12/09/2016 (“Voting Period”).
13. To vote, individuals must complete the following steps during the Voting Period:
14. No prize will be awarded for the act of voting.
15. The Promoter reserves the right, at any time, to verify the validity of votes and voters (including a voter’s identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting 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.
16. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
17. Multiple votes permitted, subject to the following: (a) each vote must be submitted separately and in accordance with voting requirements; and (b) a maximum of one (1) vote is permitted per voter per Photo.
18. Subject to clause 19, the ten (10) valid entries with the highest number of valid votes at the end of the Voting Period will each be a finalist (“Finalist”).
19. In the event of a tie between two (2) or more entries for a Finalist position, the Promoterwill judge the tied entries against each other and will select which tied entry will be deemed a Finalist. Each tied-entry will be judged based on the originality and creative merit of the Photo submitted.
20. Each Finalist will be awarded a hamper of select Great Southern Truffle products, valued at $100. The exact products awarded in the hamper will be determined by the Promoter in its absolute discretion.
21. The Finalists will be notified by email (if their entry was submitted via Facebook) or by a direct message via the relevant social media account (if their entry was submitted by Twitter or Instagram). The Winner will then be required to contact the Promoter in order to accept the prize.
22. The Promoter will then judge the Finalist entries against eachother based on the originality and creativity of the Photo submitted, as well as the appearances of the entrants’ nose. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
23. The best valid Finalist entry, as determined by the judges, will be the winner (“Winner”), and will win a trip for two (2) adults to Perth, WA valued at up to $5,000 depending on date and point of departure. Prize includes:
• either: (a) return economy airfares from Winner’s nearest Australian capital city to Perth (if the Winner resides outside WA); or (b) return economy airfares from the Winner’s nearest regional airport to Perth (if the Winner resides in WA – only provided if Winner’s nearest regional airport isn’t Perth). If the Winner is from WA and their nearest region airport is Perth,then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;
• three (3) nights twin share accommodation, with two (2) nights at The Richardson in Perth, and one (1) night at a hotel in South-West WA (exact hotel determined by the Promoter);
• three (3) dinners on a set menu;
• a tour of the Great Southern Truffles Farm, including a lesson in ‘Truffle Grading’ and a ‘Truffle Hunt’;
• return transfers from the airport to the accommodation, between accommodation locations, and to/from the Great Southern Truffles Farm.
24. Spending money, additional meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken between 15/06/2017 – 15/08/2017, and is subject to booking and flight availability. The Winner (and his/hercompanion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the Winner but in the event that agreement can not be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The Winner may be required to present their credit card at time of accommodation check in.
25. The Winner will be notified by email (if their entry was submitted via Facebook) or by a direct message via the relevant social media account (if their entry was submitted byTwitter or Instagram). The Winner will then be required to contact the Promoter in order to accept the prize.
26. Information on how to enter, vote and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
27. The promoter is Great Southern Truffles Pty Ltd (ABN 96 140 796 443) of U4/139 Buxton Street, Mount Hawthorn, WA, 6016 (“Promoter”).
28. This is a game of skill and chance plays no part in determining the Finalists or Winner.
29. If for any reason the Winner does not take the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
30. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
31. Total prize pool value is up to $6000.
32. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
33. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photos (“Content”). 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. Entrants 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, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original work of the entrant that does not infringe the rights of any third party;
(e) 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
(f) 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.
34. As a condition of entering this promotion, each entrant 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.
35. 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.
36. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
37. Any cost associated with accessing the Internet is the entrant’s responsibility and is dependent on the Internet service provider used.
38. 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 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.
39. 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) taking/use of and/or participation in the prize.
40. As a condition of accepting the prize, the Winner (and his/her companion) must sign any 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.
43. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Entrants understand that they are providing their information to the Promoter and not to Facebook, Instagram or Twitter. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook, Instagram or Twitter.Facebook, Instagram and Twitter will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.