Competition Terms and Conditions
Rafferty’s Garden Halloween Competition Terms & Conditions
- This competition (Competition) is conducted by PZ Cussons Australia Pty Ltd, ABN 13 004 164 827, of Building A, Level 1, 13-15 Compark Circuit, Mulgrave VIC 3170 (Promoter).
- Entry to the Competition constitutes acceptance of these conditions.
- The Competition is only open to Eligible Entrants. An “Eligible Entrant” is an individual who, at the time of entry: (i) is a resident of Australia aged 18 years or older; (ii) is not an employee of the Promoter or any of
its related corporations or any of their agencies associated with the Competition; and (iv) is not a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of such an employee.
- Competition entry opens at 12:00 AEST on Wednesday October 16th and ends on Wednesday October 27th 2021 at 12:00 pm AEST (Entry Period).
- All times and dates are times and dates in Melbourne which may be AEST or AEDT depending on the date. Where times are stated using the 24 hour clock, 00:00 hrs is the start of a day and 24:00 hrs is the end of a day.
- The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
- By entering the Competition, each entrant releases Facebook Inc from any and all liability to the entrant arising in any way from the conduct of the Competition.
- All information provided by an entrant is provided to the Promoter and not to Facebook.
- To enter the Competition, an Eligible Entrant must have a current Facebook or Instagram account.
- An Eligible Entrant may submit unlimited entries during the Entry period.
- Each entrant must ensure that their entry is received by the Promoter during the Entry Period. The Promoter takes no responsibility for, and will not compensate any entrant for, any late or misdirected entry or for any delays or failures in any telecommunications service or equipment.
- All entries to the Competition may be subject to verification and confirmation by the Promoter. If required, an entrant MUST deliver to the Promoter (by a means determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity. The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter’s request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.
- The Promoter may, in its absolute discretion, declare any or all entries awarded to an entrant to be invalid if the entrant: (i) fails to establish their entitlement to enter the Competition to the Promoter’s reasonable satisfaction; (ii) fails to produce items as required by condition 12 or produces items that, in the Promoter’s reasonable opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; (iii) in the Promoter’s reasonable opinion, tampers with the entry process or benefits from such tampering; or (iv) submits an entry which is incomplete or indecipherable; or (v) in the Promoter’s reasonable opinion, submits an entry which is not in accordance with these conditions.
- Any costs associated with accessing the Facebook Page are the responsibility of the person seeking access and are dependent on the internet service provider used.
- Eligible Entrants must make their entry manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
- This is a game of skill and chance plays no part in determining the winners.
- The judging will take place at Havas Melbourne on Wednesday October 26th.
- The winner who has been selected has to be following either the Rafferty’s Garden Instagram page or the Facebook page.
- One winner will receive a prize pack valued at $50.00 The prize pack will comprise of 30 x assorted Rafferty’s Garden products (valued at $1.65 each).
- The maximum total value of all prizes is $50.00.
- Each prize is valued as at 01-10-2021. The Promoter takes no responsibility for any variations in value of a prize.
- If a prize (or part of a prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Competition. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a prize (or part of a prize) is unavailable for any reason.
- A right to receive a prize is not transferable or exchangeable and cannot be taken as a monetary payment
- The products referenced in the promotional imagery are example only, and don’t reference the exact prizes.
- The winners will be contacted via the Facebook or Instagram Page comments section on the competition post. The winners will be asked to send a private message to Rafferty’s Garden via Facebook or Instagram Messenger providing their full name and address to obtain their prize.
- The winners have 7 days to provide contact details via direct message to Rafferty’s Garden via Facebook or Instagram Messenger. If no valid details have been provided within this time, the Promoter reserves the right to select another winner from the next Reserve Entry.
- When an entrant submits any materials as part of the Competition, including answers to any promotional question, comments, recordings and images (Content), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees anon-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
- Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever.
Entrants warrant and agree that:
(i) they must 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 or otherwise unsuitable for publication;
(ii) they must obtain prior consent from any person or property that appears in their Content;
(iii) they must obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(iv) their Content must not contain viruses or malicious code or cause injury or harm to any person or entity; and
(v) they must 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.
- If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the authorities that have issued permits for its conduct.
- The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition.
- CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION, TO CAUSE DAMAGE TO OR TO INTERFERE WITH THE FUNCTIONING OF THE FACEBOOK PROCESSES, 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 AN ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
- All of the Promoter’s decisions are final and no correspondence will be entered into.
- To the full extent permitted by law, the Promoter, its associated companies and agencies and all those entities’ personnel (Relevant Parties) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or
incurred by any Eligible Entrant in connection with the Competition or prizes, including: (i) any indirect, special, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these conditions is intended to exclude, restrict or modify an entrant’s rights under the Competition and Consumer Act 2010.
- If any provision of these conditions is unenforceable for any reason, it will be severed and the remaining provisions will remain in full force and effect.
- Each winner of a prize consents to the Promoter using their name and their entry image in any media at any time or times without remuneration for the purpose of promoting this Competition, the Promoter and/or any of the Promoter’s products.
- Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its winners and, if an entrant consents, may be used to market its products to the entrant. The personal information of each winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, prize suppliers and deliverers, and to regulatory authorities. Persons may contact the Promoter by post at the address stated in condition 1 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.