Terms and Conditions
Rafferty’s Garden International Friendship Day Competition July 2022 – Terms & Conditions
Information on how to enter and prizes set out under the Key Terms and Terms of Entry form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid. The Key Terms must be read together with the Terms of Entry for this Promotion. To the extent of any inconsistency between the Key Terms and the Terms of Entry, the Key Terms prevails.
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 is open to residents of Australia aged 18 years of age and over.
Employees and their immediate families of the Promoter, its related entities and any agencies associated with this competition are ineligible to enter.
How to Enter
To enter, each entrant must, during the Entry Period access their own Instagram account and complete the following:
- Tag a friend in the comments section
- Follow @raffertys_garden
- For a bonus entry participants can share the post to their Instagram story
Limits on Entry
There are no limits on entry, participants may enter as many times as they like. Each new comment is a new entry.
The competition commences at 09:00 AM AEST on 30/07/2022 and closes at 11:59 PM AEST on 14/08/2022 (“Entry Period”).
Judging will take place 11am AEST on 13/08/2022 at 121 Harrington Street Sydney by the Promoter’s Marketing and Public Relations Team. The first valid entry randomly drawn will win the prize.
One winner will receive a prize pack valued at $50.00 The prize pack will comprise of assorted Rafferty’s Garden products. The maximum total value of all prizes is $50.00.
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 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.
Notification of Winner
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.
TERMS OF ENTRY
- By entering the Promotion, entrants accept the Key Terms and Terms of Entry.
- Entries must be received by the Promoter during the Entry Period. Entries received after the close of the Entry Period will not be accepted.
- If the winner of a prize is under 18 years of age, the prize will be awarded to winner’s parent or legal guardian.
- This competition is a game of chance. Skill plays no part in determining the winner(s). The judges’ decision is final and binding – no correspondence will be entered into.
- All ancillary costs including but not limited to insurance, taxes (excluding GST), meals, drinks, transport, transfers, spending money, fuel, oil and services costs, safety gear to comply with state and territory regulations, in-room charges and any and all other expenses incurred as a consequence of receiving the prize are the sole responsibility of the winner.
- Prizes are not transferable and are not redeemable for cash, another product or gift cards. In particular, prizes may not, without the prior consent of the Promoter and any applicable third-party supplier of the prize (“Supplier”), be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a prize is sold or used in breach of this condition, the Promoter or the Supplier may, at their absolute discretion, withdraw the prize(s). Where a prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered and if the prize is a ticket, the winner and any person who purchased or otherwise bears that ticket will be refused entry.
- The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches, theft or destruction, any cause beyond the Promoter’s control, or unauthorised access to or alteration of the competition. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the competition. Further, the Promoter at its sole discretion may recommence this competition under the same conditions.
- If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.
- All reasonable attempts will be made to contact the winners. If a winner does not claim their prize within 14 days of being notified, their entry will be deemed invalid and the Promoter may award their prize to the next best entry determined by the judges.
- If an entrant’s contact details change at any time after the date which they enter the competition, that entrant must notify the Promoter of their correct contact details immediately.
- The Promoter reserves the right to request verification of age, identity, residential address of winners and any other information from entrants relevant to entry into or participation in this competition. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, is in breach of these conditions, provides entries that are offensive or otherwise inappropriate in the sole opinion of the Promoter, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this competition, or who has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- If consumers are required to purchase a product to enter, then it is a condition of the prize being awarded to the winner that the winner retain a clear copy of their original receipt and provide it to the Promoter as proof of a valid purchase to enter this competition.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the State and Territories of Australia.
- The Promoter shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using a prize or in relation to the competition, except for any liability which cannot be excluded by law.
- Any prize supplied by a third-party supplier is subject to the terms and conditions of that third party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third-party supplier or otherwise as a result of the winner accepting and/or using a prize (even if caused by negligence), except for any liability which cannot be excluded by law. Nothing in these conditions restricts, excludes or modifies any rights or remedies that cannot be restricted or excluded under applicable law.
- If in the conduct of this competition, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under applicable law that cannot by law be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
- Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to the prize.
- Before the prize is awarded, the winner and any other person(s) sharing the prize with the winner may be required to sign an agreement to release the Promoter from any liability arising from the use or participation in the prize.
- Entrants consent to the Promoter using their name, image and/or voice in the event that they are a winner in any media for an unlimited period of time without compensation or remuneration for the purpose of promoting this competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter. If requested by the Promoter, the entrant agrees to sign a separate release required by the Promoter to give effect to this arrangement.
- Entrants confirm and promise that their entry is original and does not infringe the intellectual property rights of any third party. If the entry or any part of the entry is provided to the entrant by a third party, the entrants warrant that they have obtained the relevant copyright and other intellectual property rights permission to submit the entry for the purposes of this competition. Further, entrants agree that the Promoter has an unrestricted, irrevocable, transferable, divisible right and licence to use and modify their entry (including but not limited to amending, editing, selecting, cropping, retouching, adding to or deleting from any part of the submitted entry) for the purposes of the Promoter’s business including for promotional purposes without the payment of any further fee or compensation. If requested by the Promoter, the entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. Entrants agree to indemnify the Promoter, its associated agencies against all losses, damages, claims and costs by third parties arising out of, connected to or resulting from a breach of the warranty set out in this condition.
- If entry is via Facebook or Instagram, “Platform” means Facebook or Instagram as applicable.
- Entrants acknowledge that use of the Platform is subject to the terms and conditions of that Platform. The Promoter is not responsible or liable for any loss, damage or injury suffered by any entrant as a result of the conduct of any of the Platforms, including the decision of any Platform to remove or not remove any photographs, except for liability which cannot be excluded by law.
- In particular, the thoughts and views expressed on each of the Platforms, are only the thoughts and views of the individual that posted them. They are not representative of the opinions of the Promoter, nor does the Promoter confirm, guarantee or warrant the accuracy, completeness or usefulness of any post. This competition is in no way sponsored, endorsed or administered by or associated with any Platform. It is a condition of entry that each entrant grants a complete release to Facebook and Instagram from any claims that they now have or may have in the future which relate to or are incidental to this competition.
- These conditions are governed by the laws of New South Wales, Australia.
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).