Terms and Conditions
Terms and Conditions
BLACK SWAN PROMOTION
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 13 years or over. 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. Promotion commences at 3:00pm AEDT on 12/10/2015 AEDT and ends at 10:00am AEDT on 7/1/2016 (“Promotional Period”).
4. To enter, individuals must go to bswn.ad-stg.com/win (“Entry Page”), follow the prompts to the Black Swan Promotion page, and complete an entry form by submitting their name, email, phone number and address.
5.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.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Entrants may only enter once.
8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
9. The prize draw will take place at L&A Social Media, 96 Albion Street Surry Hills 2010 NSW on Monday 11/1/2016 at 2:00pm AEDT. The major prize draw winner will be notified by email and phone call within two (2) business days of the prize draw. Runner-up prize winners will be notified by email. The major prize winners name will be published on the Entry Page and Black Swan Facebook Page on 13/1/2016.
10. The Promoter’s decision is final and no correspondence will be entered into.
11. Prizes are as follows:
• Major prize: the first complete, eligible entry drawn will win $5,000. The prize will be awarded by cheque or EFT to the winner’s nominated bank account.
• Runner-up prizes: the next fifty (50) complete, eligible entries drawn will each win a Black Swan Dip Selection of 5 dips and accompaniments (of Promoter’s choice) up to the value of $50. All runner-up prizes will be delivered directly to prize winners via Coles or Woolworths home delivery (where available). If home delivery is not available, the winner will instead receive a $50 voucher for redemption via their nearest Coles or Woolworths store.
12. Subject to the unclaimed prize draw clause, if for any reason a winner does not claim a prize (or an element of the prize) by 12:59pm on the 11/4/2016 AEST, then the prize will be forfeited.
13. If any prize (or part of any 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, subject to any written directions from a regulatory authority.
14. Total prize pool value is up to AU$7500. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
15. A draw for any unclaimed prizes will take place on 12/4/2016 at the same time and place as the original prize draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw, and their name will be published on the Entry Page and Black Swan Facebook Page on 13/4/2016.
16. 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.
17. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
18. 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.
19. 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 or taking of a prize.
20. As a condition of accepting the major prize, the winner 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.
21. By entering into the promotion, providing an email address, and not checking the opt-out box, participants agree to being placed on the Promoter’s mailing list. The Promoter does not have the license to distribute any email address to another party to use.
23. The Promoter is Monde Nissin Australia Pty Ltd (ABN 25 169 518 325), trading as Black Swan Foods, of 532-534 Clayton Rd, Clayton South Melbourne, Victoria 3169, phone number +61 3 9551 0611.
24. Any tax liability arising from this promotion will be the responsibility of the winners.
25. Authorised under the following permits: NSW LTPS/15/07980; ACT TP 15/07730; SA T15/1817.