“GIPPSLAND DAIRY FAN MADE FLAVOUR” PROMOTION TERMS AND CONDITIONS
Information on how to enter this promotion, the prize(s) forming part of this promotion, and other rules governing the conduct of this promotion, are set out in these terms and conditions (“Terms and Conditions”). Participation and submission of an entry in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents.
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, Participating Stores (as defined below) and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
The promotion will run from 24 September 2021 until 31 August 2022. However, entries into the promotion open on 24 September 2021 and will close at 11:59pm AEST on 31 October 2021 (“Entry Period”).
To enter, individuals must complete the following entry requirements during the Entry Period:
follow the prompts to complete the entry form, including by:
creating and submitting their own unique Gippsland Dairy “Mix-in” flavour (“Fan Flavour”); and
inputting the other requested details, including their first and last name, age, contact number, residential address and valid email address; and
answering in fifty (50) words or less the following brand related question: “Why are you Gippsland Dairy’s biggest fan?”; and
submit the fully completed entry form during the Entry Period.
The winning entry will be determined by a two-stage selection process as set out in clauses 8 and 9 below.
Valid entries received during the Entry Period that comply with these Terms and Conditions will be individually judged by the Promoter’s nominated representatives against all other submitted entries submitted based on taste, originality, creativity, commercial, technical and operational viability, and any other factors Promoter determines appropriate in the circumstances. The judging will be undertaken at 333 Police Rd, Mulgrave VIC 3170 by no later than 10 November 2021. The Promoter’s nominated representatives (in their absolute discretion) will select two (2) entries to be finalists in the second stage of the promotion (“Two Finalists”). The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant, or in the event either of the Two Finalists are disqualified for any reason. The Promoter will announce the Two Finalists on its social media platforms (i.e. Instagram, Facebook, Twitter or TikTok) no later than 31 December 2021 (depending on commercial, technical and operational considerations, and any other factors Promoter determines appropriate in the circumstances). The Two Finalists’ names will also be published at http://www.GippslandDairyFanMadeFlavour.com.au. The Two Finalists will also be notified by email.
The Fan Flavours comprised in the Two Finalists’ entries (“Finalist Flavours”) will be manufactured by the Promoter and exclusively sold in specially marked packaging at select Woolworths supermarket stores throughout Australia (“Participating Stores”) during any specified period/s nominated by the Promoter between 15 February 2022 and 31 August 2022 and advised on its on its social media platforms (i.e. Instagram, Facebook, Twitter or TikTok) (or while stocks last), in each case depending on commercial, technical and operational considerations, and any other factors Promoter determines appropriate in the circumstances. (“Sale Period”). The Finalist Flavour that has sold the largest number of individual product units during the Sale Period (as determined by the Promotor in its absolute discretion) will be determined as the winner and announced on Promoter’s social media platforms (i.e. Instagram, Facebook, Twitter or TikTok) by not later than 31 July 2022. The winner’s name will also be published at http://www.GippslandDairyFanMadeFlavour.com.au. The winning entry (and the relevant finalist of the Two Finalist) will also be notified by email.
Multiple entries are permitted, provided that each entry must be submitted separately and in accordance with the entry requirements in these Terms and Conditions. The use of automated software or other electronic or mechanical means of entry is strictly prohibited and such entries may be rejected by the Promoter in its discretion.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’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 process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion.
Incomplete or indecipherable entries will be deemed invalid. Entries must be received by the Promoter during the Entry Period. Entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant. It is each entrant’s responsibility to provide current and accurate information at the time of entry. The Promoter will not be responsible for any incorrect information, including invalid postal address provided by an entrant. The Promoter will only deliver prizes to the postal address provided at entry and will not be responsible for or liable to organise re-delivery of any prize. Late or misdirected entries, or any other 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
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.
The Promoter’s decision is final (at each stage of the promotion) and no correspondence will be entered into.
There is one (1) prize package available to the Winning Entrant, being:
- a $500 Woolworths supermarket voucher to spend at a Participating Store;
- a Gippsland Dairy hamper (including the winning Finalist Flavour); and
- the winning Finalist Flavour will remain as a permanent product in the Promoter’s Gippsland Dairy product range until such time as the Promoter discontinues that product (in its absolute discretion).
If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
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, subject to any written directions from a regulatory authority.
Total prize pool value is $700.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
If the prize is unclaimed or deemed forfeited, the second of the Two Finalists will be deemed the winner and awarded the prize. If the prize remains unclaimed or forfeited, a draw for any further unclaimed prizes may take place at the Promoter’s registered office at a date reasonably nominated by the Promoter, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw and their names will be published at http://www.GippslandDairyFanMadeFlavour.com.au from that date.
Entrants agree that they are fully responsible for any materials they submit in connection with the promotion or in respect of these Terms & Conditions, including but not limited to photographs, audio-visual materials, artwork, recipes, flavours, flavour combinations, ideas, creations, ingredients, any Finalist Flavour, comments and other content (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that is (or the Promoter may deem is) in breach of any intellectual property, proprietary, privacy, publicity or other rights, or 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; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; (c) they will obtain prior consent from any person or from the owner(s) of any intellectual or other property or proprietary rights that appear in their Content; (d) the Content is the original work of the entrant that does not infringe the rights (including intellectual property rights) of any third party or the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth); (e) they have the full authority to grant these rights; and (f) 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 strict condition of entering this promotion, each:
entrant licenses and grants to the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content and any Finalist Flavours) for any purpose, including but not limited to production and sale of the Finalist Flavours, and the ongoing production and sale of the winning Finalist Flavour as a saleable product of the Promoter, and any other future promotional, marketing or publicity purposes, in any media, without any compensation, restriction on use, attribution or liability whatsoever; and
of the Two Finalists assigns, immediately upon creation, all rights (including present and future copyright and all other intellectual property rights), title and interest in their Content and Finalist Flavours to Promoter and agrees to execute any additional documents, and provide all assistance requested by Promoter, in order for Promoter to perfect such assignment (without any compensation, restriction on use, attribution or liability whatsoever).
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website or submitting an entry is the entrant’s responsibility and is dependent on the Internet service provider used.
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 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize. The Promoter is not liable for any technical malfunctions of systems, hardware or equipment or any other issues resulting from an entrants submission of an entry into the promotion.
The Promoter is CHOBANI PTY LTD (ABN 53 096 731 467) of 451-455 Hammond Road, Dandenong South, VIC, 3175, telephone 1800 468 777.