“MESSY KIDS SEARCH 2017” PROMOTION
TERMS AND CONDITIONS
- 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.
- Entry is only open to Australian residents aged 13 years or over. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
- The promotion commences at 09:00am AEDT on 9 October 2017 and closes at 12.00pm AEDT on 6 November 2017 (“Promotional Period”).
- To enter, individuals must, during the Promotional Period,
- take a photograph (“Photograph”) of a messy child aged under 18 years of age. Individuals submitting Photographs of a child that is not their own must have permission of the child’s parent or guardian to enter them in the promotion, and for the Photograph to be used in accordance with these Terms and Conditions; and
- visit www.weetbix.com.au/messykids and follow the prompts to the promotion entry page, fully complete and submit the online entry form, and upload a copy of their Photograph.
- All entries will be moderated, and if accepted, the entrant will be contacted by email. This promotion is a game of skill and chance plays no part in determining the winners.
- The Promoter reserves the right, at any time, to verify the validity of entries, votes, entrants and voters (including an entrant’s or voter’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 or voting process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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.
- Incomplete, or indecipherable entries or votes, or otherwise inappropriate entries will be deemed invalid.
- Multiple entries are permitted, subject to the following: (a) each entry must be submitted separately and in accordance with entry requirements; and (b) each Photograph submitted must be substantially unique.
- 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.
- Members of the public can vote for their favourite Photograph by visiting www.weetbix.com.au/messykids during the Promotional Period. There will be a limit of one (1) vote per person per Photograph.
- 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; 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.
- At the end of the Promotional Period, the top ten (10) entries with the highest number of valid votes, as determined by the Promoter in its absolute discretion, will each be deemed a finalist (“Finalist”) and will be entered into the second round. Each Finalist will also receive a Sanitarium Weet-Bix Hamper valued at $50.00. If there is a tie for 10th place based on votes, then all of those entries tied for 10th place will be deemed a Finalist and entered into the second round and will all receive a Sanitarium Weet-Bix Hamper valued at $50.00.
- Finalists will be notified in writing within two (2) business days of being deemed a Finalist.
- In the second round the Photographs submitted by the Finalists will be judged, based on creative merit, by a panel at Sanitarium, 1 Sanitarium Dr, Berkeley Vale NSW 2261at 11:00am AEDT on 9 November 2017. The winner will be notified in writing within two (2) business days. The winner will be published at www.weetbix.com.au/messykids within fourteen (14) days of the determining the winner.
- The Promoter’s decision is final and no correspondence will be entered into.
- The best Photograph submitted by a Finalist, as determined by the judges, will be deemed the winner and will win the major prize of $5,000 deposited into their nominated bank account and will also receive a Sanitarium Hamper valued at $100. For the removal of doubt, the major prize winner will not receive the Sanitarium Weet-Bix Hamper valued at $50.00.
- Prizes will be awarded to the individual who submitted the Photograph. If the major prize winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
- 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.
- If for any reason a winner or Finalist does not take the prize by 11/01/2018, then the prize will be forfeited.
- Total prize pool value is $5,550. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.
- Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“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:
- 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;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- the Content is the original artistic or literary work of the entrant that does not infringe the rights of any third party, or they have obtained the consent of the copyright owner of the Content to submit the Content to this promotion to be used in accordance with these Terms and Conditions;
- 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
- 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.
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.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner or Finalist (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.
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.
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.
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 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 the winner, Finalist or entrant; or (f) use of a prize.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries or votes submitted by that entrant invalid.
The Promoter is Australian Health & Nutrition Association Limited trading as Sanitarium Health & Wellbeing Company (ABN 63 096 452 872) of 1 Sanitarium Drive, Berkeley Vale, NSW, 2261. Phone number: 1800 673 39