Terms and Conditions
Items purchased via FHD are for delivery within Australia only. FHD acts as a platform for certain goods to be sold and bought. FHD has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to provide items advertised or the ability of buyers to pay for items. While FHD endeavours to take reasonable care in preparing and maintaining the information on this Website, FHD does not review content or information provided by sellers for display on the Website and therefore does not warrant the accuracy, reliability, adequacy or completeness of any of the Website content.
The Website content is subject to change at any time without notice and may not necessarily be up to date. FHD does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.
Any material you send to FHD on or via the Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. FHD and the Website will be entitled to use such material for any purpose without providing notice or compensation to you.
FHD cannot guarantee that a buyer or seller will actually complete a transaction.3. Personal information.
As part of a transaction, the seller may obtain personal information, including email address and shipping information, from the buyer. Personal information obtained through an FHD transaction shall only be used for the purpose of completing that transaction or for FHD related communications. The information gained through the FHD transaction does not entitle the seller to independently contact the buyer in the future (and the seller must not include its own (unrelated to FHD) promotional material to the customer, inside the delivered goods or otherwise). FHD may, in its sole discretion, refuse to continue providing preferential rates to sellers who do not comply with this clause and/or may terminate their use of the Website in accordance with clause 8 below.4. User Eligibility
Both buyers and sellers must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Website. By using this Website you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful. FHD may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.5. Account Security
It is your responsibility to keep your password secure. You will be liable for, and indemnify FHD for any loss or damage resulting from your failure to maintain password confidentiality. You agree to immediately notify FHD of any unauthorised use of your password or any breach of security. It is your responsibility to keep your account information up-to-date and accurate at all times.6. External Websites and Links
FHD is not responsible for the content or availability of outside websites or resources linked to or referenced on the Website. FHD does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that FHD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.7. Dispute Resolution and Queries
If a dispute arises between a buyer and seller, you - not FHD - are responsible for enforcing any rights that you may have against the other party in relation to the transaction. Buyers should refer to the seller’s store policy for information on dispute resolution with individual sellers.
Any dispute arising in connection with this Website which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the laws of arbitration of Victoria. For website support please contact us at email@example.com; however, in the event of an order query, please contact the seller directly.8. Breach
8.1 Termination for breach. Without limiting any other remedies, FHD may, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate a user's account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services if any of the following apply:
- FHD is unable to verify or authenticate any of your personal information or content;
- you have engaged in improper or fraudulent activity in connection with FHD; or
- your actions may cause legal liability or financial loss to FHD's users or to FHD.
8. 2 Termination without breach.
Without limiting any other remedies, FHD may at its sole discretion, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate your account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services.9. Limitation of liability
To the maximum extent permitted by law FHD excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website, the content or the use or performance of the Website.
You agree to indemnify FHD and its officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:
- your use of the Website or any content you submit through the Website;
- your breach of any applicable law.
10. Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and any FHD service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Website.11. Severance
14. FHD Gift Voucher
These terms and conditions apply to the purchase and use of all gift vouchers (“gift vouchers”) purchased on or through www.farmhousedirect.com.au (the “Website”).
References to “we, us, our” in these terms and conditions are to Australian Postal Corporation, as indicated on the gift voucher. The gift vouchers are issued by us. Purchasing or using the gift voucher means that you accept the terms and conditions of this agreement. If you let another person use your gift voucher, it is your obligation to tell them that they will be bound by these terms and conditions.
Victorian law applies to this agreement. By purchasing a gift voucher you agree to the following terms and conditions and you enter into this agreement with us, and you unconditionally submit to the jurisdiction of the courts of Victoria.
- After the purchase price has been paid, an email will be sent to your nominated email address with a PDF of the voucher attached.
- It is the responsibility of the purchaser to ensure that the recipient’s email address is entered correctly. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by the purchaser or where they cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
- The gift voucher must be used before the expiry date that appears on it. Any unused value will be lost after the expiry date and cannot be refunded or exchanged for cash.
- Anyone holding the gift voucher can use its value to make purchases. The gift voucher should be kept secure and treated as you would treat cash.
- We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission or otherwise inconsistently with any of these terms.
- Gift vouchers can be redeemed only on farmhousedirect.com.au towards the purchase of products currently featured on the site including postage. Gift vouchers cannot be redeemed on the individual websites of any producers or suppliers on the Website.
- Gift vouchers cannot be redeemed for cash, cannot be reloaded, returned for a refund, have their balance consolidated to a new gift voucher, or be replaced after expired. We may at our sole discretion elect to cancel a gift card or block such a transaction if you attempt to use it in any way not authorised by this Agreement.
- Gift vouchers cannot be used to purchase other gift vouchers.
- When redeeming gift vouchers the unique voucher code stated on the gift voucher will need to be entered at the checkout.
- The voucher code can be used for multiple transactions until the value of the gift voucher is exhausted or the expiry date is reached. A transaction can consist of orders from different producers in one shopping basket.
- If the goods purchased exceed the amount of the gift voucher, the balance must be paid through the payment gateway using a PayPal account or credit card in order to complete the purchase.
- Any other standard terms and conditions on our website or otherwise brought to your attention apply regarding the purchase of goods made using a gift voucher.
- If you have a query about the gift voucher please raise it by contacting our support team online through the email address at Support@farmhousedirect.com.au.
- All products sold through the Website are supplied by third parties. We are not liable for the availability, quality or fitness for purpose of any goods or services purchased with the gift voucher. Any dispute about goods or services purchased with the gift voucher must be resolved with the supplier of the goods or service. Except for rights that cannot be excluded, any conditions or warranties implied or imposed by legislation or otherwise are excluded from these conditions of use.
IMPORTANT: EXPIRY DATE – EACH VOUCHER WILL HAVE AN EXPIRY DATE PRINTED ON THE FRONT.
Gift vouchers are valid for 12 months from the date the gift voucher is purchased through the farmhouse direct website. After the gift voucher has expired, it is no longer valid. Transactions processed using an expired gift voucher will be declined and any unused value will not be refunded.
In order to sell items on the Website you must be a registered business within Australia and adhere to all relevant laws (including health and safety laws and regulations) and provide and maintain valid payment information on the Website. You must not transfer or sell your FHD account or user ID to another party.2. Sellers display of information on the Website
You guarantee that the materials you display on the Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, names, logos and trademarks:
- Are not false, misleading or inaccurate, or otherwise in contravention of the Competition and Consumer Act (Cth) 2010;
- Are not fraudulent and do not involve the sale of illegal, counterfeit or stolen goods;
- Do not infringe upon any third-party's intellectual property rights;
- Do not contain items that are prohibited and/or dangerous to be lodged for carriage through the postal system. Please see the Dangerous & Prohibited Goods & Packaging Guide for more information. For the avoidance of doubt, such prohibited contents include alcohol where possession or carriage of alcohol by post is prohibited by a law of the Commonwealth, a State or Territory;
- Are not defamatory or offensive;
- Do not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information ; and
- Will not modify, adapt or hack this Website.
3. Sale of alcohol
When listing wine or other alcoholic beverages on the Website, sellers need to be aware that:
- selling wine or alcohol on the Website requires a license;
- you must place your license number next to the listing; and
- alcohol and wine may only be traded within Australia.
Individual States have different laws regarding trading wine and alcohol. It is the buyer’s and seller’s responsibility to be familiar with and comply with each State's laws and if (and where) you are allowed to sell alcohol and wine.
4. Intellectual property
FHD does not claim ownership rights in the content you place on the Website. You grant FHD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, license to exercise the copyright, publicity, and database rights you have in the content. You agree to allow FHD to store, display and re-format your content on the Website, in media publications, in marketing material and on other sites, in any way as FHD chooses. You warrant that you are the author of the content for the purposes of the Copyright Act 1968 (Cth). You agree that FHD may use and display your content without attribution of authorship and bearing the name of Australia Post or FHD, even if that would, apart from these terms, infringe your moral rights. You agree, to the extent permitted by law, not to enforce any claim for a breach of your moral right of integrity of authorship under the Copyright Act 1968 (Cth) that you may otherwise have as a result of any act or omission of FHD in respect of the content.5. Fees and Services
Joining and setting up a shop as a seller on FHD is free. However FHD receives a percentage of the sale price when items sell (“Fees”). Changes to the Fees are subject to change and are effective after FHD provides you with at least fourteen (14) days' notice by posting the changes on the Website. FHD may, at FHD’s sole discretion, change some or all of FHD's services at any time. In the event FHD introduces a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees and applicable taxes associated with using FHD. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).
If FHD terminates a listing or your account, if you close your account, or if the payment of your FHD Fees cannot be completed for any reason, you remain obligated to pay FHD for all unpaid Fees plus any interest, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal action). If you have a question or wish to dispute a charge contact FHD at firstname.lastname@example.org
FHD will send you communications regarding your transactions and your account via the Website. These communications do not represent any endorsement, guarantee or legitimisation of your transaction. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations).6. Listing and Selling products on the Website
All sales are binding. The seller is obligated to send the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, including but not limited to for example if the buyer fails to meet the terms of the seller’s store policy.
By posting content on the Website, it is possible for an outside website or a third party to re-post that content. You agree to hold FHD harmless for any dispute concerning such use. If you choose to display your own FHD hosted image on another website, the image must provide a link back to its listing page on FHD.
You shall not include a link to your own (or any third party’s) website or contact email address on the FHD website and you shall ensure that any and all correspondence sent to a buyer must not include reference to your own website, email address or other promotion of your own services outside of FHD. You may not contact the buyer by email or any other means for any reason other than to discuss the processing and progress of the FHD transaction.
CONDITIONS OF ENTRY
The Farmhouse Great Gourmet Giveaway
Australian Postal Corporation (ABN 28 864 970 579) trading as “Farmhouse”, 111 Bourke Street, Melbourne, VIC 3000. Phone: 13 76 78.
Open only to Australian residents aged 18 or over except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies associated with this competition.
12.01am (AEST) on 17/07/17 to 11.59pm (AEST) on 14/08/17.
During the Competition Period, entrants must visit www.farmhousedirect.com.au and purchase any product and enter the promo code “LOVEFOOD” at checkout to receive 1 automatic entry into the competition (Eligible Transaction). If the Eligible Transaction is, or includes, any product from the Saskia Beer range at https://www.farmhousedirect.com.au/saskiabeersfarmproduce/products the entrant will receive an additional entry (i.e. a total of 2 entries) into the competition.
The Eligible Transaction may include multiple products. For the avoidance of doubt, an entrant will receive 1 entry into the competition (regardless of the number of products purchased within the Eligible Transaction) – other than where the Eligible Transaction includes a product from the Saskia Beer range, in which case that entrant will receive 2 entries into the competition (regardless of the number of products purchased within the Eligible Transaction).
12pm (AEST) on 21/08/17 at 111 Bourke Street, Melbourne Victoria 3000.
The first valid entry randomly drawn from all valid entries received during the Competition Period will win the major prize. The next valid entry randomly drawn will win the 1st minor prize. The next valid entry randomly drawn will win the 2nd minor prize.
There are 3 prizes to be won in total with 1 major prize and 2 minor prizes.
The major prize is a trip for the winner and their companion (who must be aged 18 years or over) to the Barossa Valley valued at up to $12,500 (inc GST) depending on the winner’s point of departure. The major prize consists of the following:
(a) return economy airfares (including airfare taxes) from the winner’s nearest Australian capital city to Adelaide (flights are not included if the winner resides in South Australia, and if so, the winner and their companion are responsible for making their own way to a pick up point in Adelaide (exact location to be determined by the Promoter) to get transferred to their accommodation).
(b) 3 nights’ accommodation (twin share) at The Orchard House;
(c) a driver to transfer from airport to accommodation and between selected activities and any other locations (as determined by the Promoter);
(d) a prize pack including a signed Maggie Beer cookbook (for the winner only);
(e) a lunch at the Orchard House with Saskia Beer provided by selected Farmhouse producers;
(f) a farm foraging experience with Saskia Beer and camp cooking style lunch;
(g) winery tour and driving degustation;
(h) ballooning morning session;
(i) meet and greet with Saskia Beer;
(j) the use of a chef for 1 x breakfast at their accommodation;
(k) the use of a chef for 1 x dinner at their accommodation (to be determined by the Promoter) or dinner at a restaurant (as determined by the Promoter) up to the value of $500 (inc GST); and
(l) all other meals for the duration of the trip (as determined by the Promoter).
The Promoter will work with the winner and Saskia Beer to find a suitable date for the winner to take the prize. The Promoter is not liable if the winner is unable to accept any part of the prize (for whatever reason). The Promoter has sole discretion in determining when the prize elements can be taken/used. The major prize must be booked and completed by 31/05/18.
The 1st minor prize is a $300 Farmhouse Direct voucher.
The 2nd minor prize is a $200 Farmhouse Direct voucher.
The total major prize pool is valued at $12,500 (inc GST) depending on the winner’s point of departure.
The total minor prize pool is valued at $500 (inc GST).
The overall total prize pool is valued at up to $13,000 (inc GST).
Entrants will receive 1 entry per Eligible Transaction (or 2 entries if purchasing a product from the Saskia Beer range).
Entrants may enter as many times as they wish, provided that each entry is based on a separate Eligible Transaction.
Winner Notification and Publication
The winners will be notified by phone and in writing within two days of the draw and their name and state/territory of residence will be published on www.farmhousedirect.com.au on 24/08/17 for a period of 28 days.
Prize Claim Date and Time
Prizes must be claimed by 11.59pm (AEDT) on 21/11/17.
Unclaimed Prize Draw Details
An Unclaimed Prize Draw will be conducted at 11am (AEDT) on 22/11/17 at the same location as the original draw.
Unclaimed Prize Draw Winner Notification
Any winner(s) in the Unclaimed Prize Draw will be notified by phone and in writing within two days of the Unclaimed Prize Draw and their name and state/territory of residence will be published on www.farmhousedirect.com.au on 24/11/17 for a period of 28 days.
Authorised under NSW Permit No. LTPS/17/15752, ACT Permit No. TP17/01321 and SA Licence No. T17/1252.
The information entrants provide will be used by the Promoter for the purpose of conducting this competition. Full details regarding the collection of personal information can be obtained by contacting the Promoter directly or visiting the Promoter’s website.
Where online entry is available, each entrant may receive a return online notification confirming their successful entry into the competition. By entering this competition, entrants consent to receiving this electronic message. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entrants who enter using multiple email addresses, phone numbers or aliases may be disqualified. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated entries may be disqualified.
The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible entries, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise (including where applicable failure of any participating venue, outlet or store to forward entry forms to the draw location).
The Promoter may determine at any time whether or not to:
(b) remove any entries once published on any website or social media page;
(c) amend, edit or modify any entries (or any part thereof); or
(d) disqualify or invalidate any entry.
The Promoter may make this determination at its absolute discretion, including (without limitation) if the Promoter is of the view that the entry breaches these conditions of entry.
5 Prizes details:
The prizes are as stated in the Prize Details section of these conditions of entry.
6 Draw details:
Where applicable, the draw/s will be conducted at the time/s, on the date/s and at the location/s as stated in the Draw Details section of these conditions of entry.
7 Winner notification & publication:
The winner/s will be notified in accordance with the Winner Notification section of these conditions of entry. If publication of a winner’s details is required to comply with the relevant gaming authority regulations, by entering the competition, each entrant requests that his or her full address not be published.
Winner/s (and their companion/s, if applicable) must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge. Winner/s (and their companion/s, if applicable) also consent to the Promoter using their names and images in promotional material.
9 Winner identification:
The Promoter (and any contractor, agent or third party associated with the competition) may require the winner/s to provide proof of identity, proof of age and proof of residency (at the nominated prize delivery address, if applicable). Identification considered suitable for verification is at the Promoter’s (and/or the relevant contractor’s, agent’s or third party’s) discretion.
10 Validation of entries:
If a winning entry is deemed not to comply with these conditions of entry (including if a winner is unable to take the prize on the applicable prize dates), the entry will be discarded and a new winner of that prize will be determined. The new winner will be determined by drawing a further valid entry in accordance with paragraph 6 or paragraph 20, as applicable. The promoter may draw additional entries in accordance with paragraph 6 for the purpose of re-awarding a prize in the event of an invalid entry on ineligible entrant being drawn. Where the purchase of a product is required, any entry that is based on a returned product purchase (except where due to defect of the product) may be deemed invalid. Failure of an entrant to provide a proof of purchase (in accordance with the Proof of Purchase requirements) to the Promoter upon request may, at the Promoter’s discretion, result in an invalid entry (and, at the Promoter’s discretion, in all of the entrant’s entries being invalid).
11 Disqualification of winner/s:
The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person (including without limitation any winner or any of their companion/s if applicable) who:
(a) tampers with or benefits from any tampering with the entry process or with the operation of the competition;(b) acts in violation of these conditions of entry;
(c) acts in a disruptive manner or with the intent or effect of annoying, abusing, threatening or harassing any other person;
(d) behaves in a manner which may diminish the good name or reputation of the Promoter,any of its related bodies corporate or the agencies or companies associated with this competition; or
(e) behaves in a manner that is contrary to law or is otherwise inappropriate.
If a prize can be shared with companion/s, the relevant winner is fully responsible for the acts and omissions of their companion/s and the Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, the winner and any or all of their companion/s if any of their companion/s breaches these conditions of entry, whether or not legally bound by them.
12 The Promoter’s decision in relation to all aspects of this competition, is final and no correspondence will be entered into.
13 Travel and event prizes:
Flights, activities and accommodation are subject to booking and availability. Travel must be booked and completed by the time specified by the Promoter. The winner/s (and his/her companion/s, if applicable) cannot take the prize during major event/peak/public holiday periods or any other exclusion or block out periods as specified by the Promoter or the prize supplier/s (unless otherwise stipulated by the Promoter). All other costs associated with the prize that the winner/s (and his/her companion/s, if applicable) incurs are the responsibility of the winner/s (and his/her companion/s, if applicable). These costs may include, but are not limited to any transfer costs, meals, additional taxes, insurance and other ancillary costs that are not otherwise specified in these conditions and are the responsibility of the winner/s (and his/her companion/s, if applicable) as incurred. The winner (and their companion/s, if applicable) must depart and return at the same time. The prize is subject to any additional terms and conditions specified by the prize supplier/s including any conditions of entry into any associated event (including but not limited to behaviour requirements and applicable dress codes). Where travel is included in the prize, the winner (and his/her companion/s if applicable) are responsible for ensuring that they have all necessary documents to travel to the relevant destination, including a current passport and any visas that may be required. Any person taking the trip who is aged under 18 years at the date of the trip must be accompanied by their parent or guardian. If a prize includes travel or attending an event, the Promoter may in its absolute discretion cancel the prize or otherwise cease to provide any benefit of the prize to a winner (and their companion/s, if applicable) if, in the opinion of the Promoter the winner (or their companion/s, if applicable), is:
(a) under the influence of alcohol or any other drug;
(b) behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter, any of its related bodies corporate or the agencies or companies associated with this competition; or
(c) behaves in a manner that is contrary to law or is otherwise inappropriate.
14 Prize redemption and transferability:
Prizes are not transferable or exchangeable and (except where cash is specified) cannot be redeemed for cash. If for any reason a winner (or their companion/s if applicable) does not take an element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited and cash will not be supplied instead. The Promoter accepts no responsibility for any variation in prize value. If a prize (or any element of a prize) is unavailable for any reason, the Promoter may substitute for that prize (or element of that prize) another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant gaming authorities if required.
15 Parent / Guardian consent:
If a prize is required to be awarded to the winner’s parent or guardian on the winner’s behalf (i.e. due to the nature of the prize), as a condition of accepting or participating in any prize, the winner’s parent or guardian accepts these conditions.
16 Event based prizes:
If any event is abandoned, called off or postponed for any reason, the winner/s (and their companion/s where applicable) forfeit their entitlement to that component of the prize and no cash or alternative tickets will be substituted for that component of the prize.
17 Voucher prizes:
All vouchers are subject to the terms and conditions imposed by the relevant supplier including period of validity.
18 Third party attendance:
Where the prize includes attendance by a third party (e.g. a celebrity or sports personality) the Promoter will not be liable for the failure of the third party to attend the relevant event, for whatever reason.
19 Prizes including meals:
In the event that the value of any meal offered as part of a prize is less than the amount specified by the Promoter, the balance will be forfeited and no cash will be supplied in lieu. Any costs incurred over the specified amount for the meal are not the responsibility of the Promoter and must be borne by the winner/s (and their companion/s, if applicable), as incurred.
20 Unclaimed prize procedure:
The Promoter may deem a winner’s entry invalid in the following circumstances:
(a) if the prize has not been accepted or claimed in accordance with the Prize Claim Date and Time;
(b) if, after making all reasonable attempts, the Promoter cannot contact the drawn winner (or the drawn winner does not contact the Promoter) by the Prize Claim Date and Time; or
(c) if an instant win prize has not been won.
In these circumstances, the Promoter will conduct such further draws in accordance with the Unclaimed Prize Draw Details as are necessary to distribute the relevant prize. This draw will be subject to any requirements of the relevant gaming authorities. Any winner(s) in this draw will be notified as stated in the Unclaimed Prize Draw Winner Notification.
21 Australian Consumer Law:
Except for any liability which cannot be excluded by law, the Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize. Where any liability cannot be excluded by law, the liability of the Promoter and its associated agencies and companies is limited to the minimum allowable by law. Nothing in these conditions of entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
22 Limitation of liability:
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 prize/s or be liable for any damage that occurs to prize/s whilst displayed at any venue, if applicable. Prize/s will be delivered in Australia only (where the relevant prize includes delivery).
23 Facebook and other social media platforms:
The competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or any other social media platform. Entrants are providing their information to the Promoter and not to Facebook or any associated social media platform. Each entrant completely releases Facebook (and all social media platforms) from any and all liability. Where requested in accordance with the Entry Method, each Facebook entrant must remain a fan (“like” the page) of the Promoter’s Facebook up until the time of determination of the winner/s. Entrants who have “unliked” the Promoter’s Facebook page at the time of determination of the winner/s may be deemed invalid. The Promoter reserves the right to demand any entrant to delete, remove or edit any entry, untag the Promoter from any social media post or remove the entry hashtag from any social media post. The Promoter will make this demand if it determines at any time, and in its absolute discretion, that the entry (including any photo, video or social media post if applicable):
(a) breaches any law, regulation, standard or code that applies to the Promoter; or
(b) otherwise breaches these conditions of entry.
The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any demand made by the Promoter pursuant to this clause.
24 Video entries:
Entrants acknowledge that the Promoter is solely responsible for editing any video footage submitted as part of an entry, to produce the final video (including all decisions as to what footage to include and the video length).
25 Winner’s companions:
Where applicable, as a condition of accepting or participating in any prize, a winner’s companion/s accepts these conditions of entry.
26 Promoter’s assignment of rights:
If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant gaming authorities if required.
27 Taxation obligations:
The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
28 Alcohol promotions:
The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. The NSW Liquor Promotion Guidelines and Intoxication Guidelines are available at http://www.olgr.nsw.gov.au/dlg_guidelines.asp. Where applicable, entry and continued participation in this competition is subject to the relevant venue’s or outlet’s liquor serving policy. Where entry into the competition requires the purchase of an alcoholic beverage to be consumed on premise, all publicly displayed advertising material for the competition in NSW will include a prominent message regarding responsible consumption of alcohol. Entry and continued participation in this competition is subject to each Venue’s/Outlet’s liquor serving policy where applicable.