Facebook Competition T&Cs

Product of the Year ‘Win Our Pamper Hamper” (Competition)
Terms & Conditions

PARTICIPATION
1. This Competition is conducted by Product of the Year (Australia) Pty Limited (ABN 58 137 171 085) of Level 1, Suite 101, 80 William Street, Wooloomooloo, NSW 2011 phone: 02 83561999(“Promoter”).

2. Entry into the Competition constitutes acceptance of these Terms & Conditions. All entry instructions and Prize information published by the Promoter form part of these Terms & Conditions.

3. This is a game of skill and chance plays no part in determining the winners. All entries will be individually judged based on the originality and creative merit of the written entry provided to the Competition. The Promoter’s decision in relation to all aspects of this Competition is final and no correspondence will be entered into.

4. Subject to Clause 6, the Competition is only open to individuals who are:
a) aged 18 years or older as at the time of entry into the Competition;
b) a resident of Australia; and
c) ‘Like’ Product of the Year on Facebook (www.facebook.com/productoftheyear)
(“Eligible Entrant”).

5. The following individuals are ineligible to enter:
a) employees of the Promoter or any of its related corporations or any of their agencies, printers, suppliers, providers or participating retailers who are associated with the Competition;
b) the spouse, de facto spouse, ex-spouse, de-facto spouse, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew child/ step-child or sibling (whether natural or by adoption), step-brother, step-sister or 1st cousin of any person outlined in Clause 5a;
c) persons who the Promoter has previously notified as not being permitted to enter the Promoter’s promotions or competitions.

6. The Competition commences at 12:00PM Australian Eastern Daylight Savings Time (“AEDST”) on 12 October 2015 and closes at 9:00AM Australian Eastern Daylight Savings Time (“AEDST”) on 26th October 2015 (“Competition Period”).

ENTRY
7. If an Eligible Entrant uses mobile Internet either on a mobile phone or another internet enabled device to participate in the Competition, then the Entrant must be identified as the account holder of the end mobile/internet device. Accessing mobile content including web-based content may incur data charges. Eligible Entrant’s will need to refer to the terms of their service provider and plan for details and costs. Any charges will then be charged as per the terms and conditions of the provider. All general queries relating to mobile bills should be directed to the Eligible Entrant’s service provider.

8. To enter, Eligible Entrants must complete the entry mechanic below during the Competition Period:
a) during the Promotional Period, visit www.facebook.com/ProductoftheYear (“Promotional Page”);
b) access the ‘Win Our Pamper Hamper” promotional application (“Application”) made available by a tile on the Promotional Page;
c) follow the prompts of the Application in the manner required to submit the online entry form, including providing the Entrant’s full name and current and valid email address; Postcode; Current and valid postal address;
d)submit, in 25 words or less, a creative answer to this question ‘What is your favourite way to be pampered?”
e) accept the terms and conditions of entry by ticking a check box; and
f) submit the fully completed entry form so it is received by 9:00 AEDST on 26th October, 2015 (all the information above collated together constitutes an eligible Entry).

9. Incomplete, indecipherable or non-viewable entries will be deemed invalid and will not constitute an eligible entry.

10. One entry per Eligible Entrant. All entries must be submitted in accordance with the Terms and Conditions.

11. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

12. The Promoter may communicate messages to Eligible Entrants via Facebook, where applicable. The number of messages will be determined by the Promoter in its absolute sole discretion.

13. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age, place of residence or relationship to the Promoter or an existing customer of the Promoter) and to disqualify any Eligible Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.

14. Proof of identification and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, that winner will forfeit their Prize in whole and no substitute will be offered.

15. Any entry that is made on behalf of an Eligible Entrant by a third party, or otherwise by proxy will be invalid.

WINNERS
16. There will be Winners judged (“Winners”).
17. The entries received during the Competition Period will be entered into one (1) “Judging Period”. Entries into the Judging Period will open and close on the date/time outlined in the table below. The entries received during the Judging Period will be judged in accordance with the criteria outlined in clause 3, and a prize will be awarded to number of prizes (numeral) entrants who submit the best valid entry as determined by the judges in the Judging Period. The Promoter may select additional reserve entries which it deems to be the next best (“Runner Up”) and record them in case an invalid entry or ineligible entrant is selected as a provisional winner.
Judging Period: 10:00AM AEST Oct 26, 2015 Judgment Close Date/Time: 10:00AM AEST Oct 30th, 2015

18. The Promoter’s decision is final and no correspondence will be entered into.

19. The Winners will be notified by e-mail & telephone week commencing November 2nd, 2015 and will have until November 9th, 2015 to supply all required documentation including: full name, date of birth and proof of age documents for themselves.

PRIZE
20. The 10 most creative entries (as determined by the judges) in the Judging Period will each win one description of prize, valued up to $140 AUD each (“Prize”).

21. If for any reason a Winner does not take a Prize (or an element of a Prize) by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be redistributed.

22. If any Winner cannot be contacted despite every reasonable effort made by the Promoter by 18:00 hrs AEST on November 9th, 2015 , their Prize will be deemed unclaimed. The Promoter may award any unclaimed Prizes from a Judging Period to the Eligible Entrant who submitted the next best valid entry (as determined by the judges) during the corresponding Judging Period.

23. If any Prize (or part of any Prize) is unavailable, the Promoter, in its sole discretion, reserves the right to substitute the Prize (or part of the Prize) with another prize to the equal value and/or specification.

24. The total prize pool for this Competition is valued at a maximum of up to $140AUD

25. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash.

26. It is a condition of accepting a Prize that each Winner must comply with all of the conditions of use of a Prize and any Prize supplier requirements.

27. If this Competition 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 Competition, as appropriate.

28. Any cost associated with accessing the Website is the Eligible Entrant’s responsibility and is dependent on the Internet or Mobile Service Provider used.

29. All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

30. Entrants consent to the Promoter using their name and the 25 words or less component of their Entry only in the event they are a Winner in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome).

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 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 Competition.

32. The Promoter assumes no responsibility for: (i) any technical or electrical issues that may arise in connection with the Competition (whether or not under the Promoter’s control), including with any third party platform such as on Twitter or Instagram; (ii) any incorrect or incomplete information which may be communicated in the course of the administering this Competition; (iii) 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; (iv) any variation in Prize value to that stated in these Terms and Conditions; (v) if the Competition is cancelled, terminated, modified or suspended; and/or (vi) any tax liability incurred by a winner or Eligible Entrant. Individuals should obtain independent tax and financial advice; or (vii) taking of/participating in the Prize. The Promoter does not guarantee that Twitter or Instagram will be available at all times during the Competition Period or that the Eligible Entrant will be able to access or use the Twitter or Instagram services during the Competition Period, and the Promoter will not be held responsible in this regard. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.

33. The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for Competition, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. Eligible Entrants should direct any request to access, opt-out, update or correct information to the Promoter. All entries become the property of the Promoter. See the Promoter’s Privacy Policy for details, which is available on the Promoter’s website www.productoftheyear.com.au

34. The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. It is the Entrant’s responsibility to comply with Facebook’s terms of use policies. Eligible Entrants understand that they are providing their information to the Promoter and not to Facebook. Any questions, comments or complaints about this Competition must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an Eligible Entrant, as a result of participating in this Competition (including taking/use of a Prize), except for any liability which cannot be excluded by law.

35. These Terms and Conditions are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of that State.
Product of the Year ‘Win Our Pamper Hamper’ (Competition)