“MURRAY COD AUSTRALIA LIMITED/FOODLINK PTY LTD – WIN A $500 GIFT CARD”
TERMS AND CONDITIONS
Information on how to enter, claim a prize, and prizes in the “Murray Cod Australia Limited/Foodlink – Win a $500 Gift Card” (Promotion) form part of these Terms and Conditions. By participating, entrants agree to be bound by these Terms and Conditions.
The promoter is Murray Cod Australia Limited (ABN 74 143 928 625) of 2-4 Lasscock Road, Griffith NSW 2680 (Promoter or Aquna). ‘Foodlink’ means Foodlink Australia Pty Ltd (86 132 703 229) of (3 The Crescent, Kingsgrove NSW 2208).
COMPONENTS OF PROMOTION
There are three (3) components in this Promotion, as follows:
Component 1 of this Promotion is only open to individuals who:
“Participating Venue” means a venue, which is an end-user food service business (e.g., a café or restaurant) located in Australia that is a customer of Foodlink and purchases Aquna product(s) via Foodlink.
By participating in Component 1, the eligible chef warrants: (a) they are authorised and permitted by their Participating Venue to enter and claim the prize (if declared the winner); and (b) if they are deemed a winner, they will participate and appear in any promotional materials (including but not limited to online and social media materials) created for the purpose of promoting the outcome of the Promotion, and the Promoter’s or Foodlink’s goods and/or services on such further terms and conditions as set out below. Before receiving any prize, the chef may, at the absolute discretion of the Promoter, be required to sign a declaration, legal release and indemnity in favour of the Promoter and Foodlink, including but not limited to, confirming their eligibility to enter and receive the prize by their Participating Venue; and that the Participating Venue had Aquna Murray Cod on its Menu (as defined below) at some time (including at the time of their entry) during the Promotional Period. The Promoter and Foodlink also reserve the right to contact the chef’s Participating Venue to confirm the chef’s eligibility to receive the prize and the Participating Venue has complied with the Aquna Murray Cod Menu requirements;
Component 2 and Component 3 are open to individuals who:
The promotional period commences at 12.01 am AEST on 1 June 2023 and closes at 11.59 pm AEST on 31 August 2023 (Promotional Period). All times referenced throughout these Terms and Conditions will be based on Sydney local time, which will be either AEST or AEDST, depending upon the date and time, as and when applicable in Sydney.
HOW TO ENTER
To enter Component 1, the eligible chef must:
Maximum of three (3) entries per eligible chef per calendar month is permitted.
Entry into Components 2 and 3 is automatic. If any eligible sales manager does not want to participate in the Promotion, they can contact Foodlink. If the eligible sales manager does not want to participate, they will not be eligible to receive any prize in this Promotion.
DETERMINATION OF WINNERS AND PRIZES
To determine the winner of the Component 1 prize, the eligible chef who submitted the first valid entry drawn, from all eligible entries received, will be randomly drawn and win the prize of a $500 Gift Card (as defined below).
The Component 1 draw will occur at the Promoter’s office at 12 pm on 5.9.2023. The provisional winner selected will be notified by email within two (2) NSW business days of the draw and published at www.aquna.com/promotions (the Website) on 11.9.2023. In its absolute discretion, the Promoter reserves the right to select reserves, record them in order, and use them if the original individual or entry selected is deemed ineligible or invalid for this Promotion.
The winner of Component 2 will be eligible to receive the prize of a $500 Gift Card. To determine the winner of the Component 2 prize, the Promoter will assess the Component 1 prize draw results. The winner will be the eligible Foodlink sales manager that services the Participating Venue that employed the eligible chef who won at the time of the Component 1 draw, as determined by the Promoter and Foodlink in their absolute discretion. The Promoter and Foodlink accept no responsibility if the initial chef drawn in the Component 1 prize draw, or any subsequent reserve, is deemed ineligible. After verification of the Component 1 prize winner is determined, the winner of the Component 2 prize will be notified by email within two (2) NSW business days and published on the Website within five (5) Business days.
To determine the winner of the Component 3 prize, the Promoter will assess the sales results based on the total weight of the Promoter’s eligible Aquna products sold to Participating Venues through Foodlink via eligible sales managers during the Promotional Period (Participating Products). Foodlink will provide the Promoter with sales figures for the Participating Products to the Promoter. The Promoter accepts no responsibility in relation to the results issued to the Promoter by Foodlink, including without limitation, any errors or omissions, or the determination of the winner of the Component 3 prize based on the results provided by Foodlink.
The eligible sales manager who achieves the highest number of sales (based on weight) to Participating Venues during the Promotional Period will be deemed the winner and win the prize of a $500 Gift Card. If there is a draw of two or more eligible sales managers for first place, then a draw will occur at the same time, place, and date as the original Component 1 draw. The provisional winner selected will be notified by email within two (2) NSW business days of the draw and published on the website on 11.9.2023.
Each prize is a $500 Pre-Paid Visa gift card (Gift Card). The redemption of the Gift Cards will be subject to the issuer’s standard terms and conditions. The Promoter is not responsible for any late, lost, damaged, or expired gift cards, once issued, or any ancillary costs associated with redeeming the Gift Cards.
If required, the selection process for any unclaimed prizes will occur at the same time and place as the original draw on 6.11.2023, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) NSW business days and published on the Website on or before 13.11.2023. To determine: (a) the Component 1 unclaimed prize draw winner, a draw will occur amongst eligible chefs, excluding those chef(s) who failed to claim the prize after the original draw; (b) the Foodlink sales manager who services the unclaimed prize draw winner of the Component 1 will win the Component 2 prize, unless otherwise awarded; and (c) the Component 3 unclaimed prize winner will be the Foodlink Sales Manager who placed next best in terms of sales after the original Foodlink Sales Manager in accordance with the original selection process.
Any eligibility to receive an entry or a prize will be determined by the Promoter in its absolute discretion based on its own records (or any Foodlink records that have been provided to the Promoter by Foodlink), including the number, weight or value of Participating Products purchased. Any returns, or cancellations of purchases will be considered by the Promoter in determining whether an individual is eligible to qualify for any prize. The Promoter takes no responsibility for any errors, malfunction or inaccuracies, delays in accessing, or inability to access the records provided by Foodlink.
Entrants can only participate in their own name and not on behalf of another entrant. The Promoter reserves the right, at any time, to verify the validity of entries and entrants and Foodlink sales managers (including an entrant’s or Foodlink sales manager’s, identity, age, and place of residence and employment) and reserves the right, in its sole discretion, to disqualify any entrant or Foodlink sales manager whom 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 the fair and proper conduct of the 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.
The Promoter’s decision in relation to all matters relating to this Promotion is final, and no correspondence will be entered into.
Prizes, including any unused portion, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
If a prize (or an element of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that element of the prize) with another prize of equal value and/or specification.
Winners agree to participate, upon request, to a reasonable amount of promotional activities (such as an interview), as determined by the Promoter in its absolute discretion, and consent to the Promoter using their name, likeness, image, photo, the name of their Participating Venue and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, 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.
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, fraud, acts of god, strikes, changes to government laws and policies, such as the imposition of requirements relating to epidemics or pandemics), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any person, entrant or Foodlink Sales Manager; or (b) to modify, suspend, terminate or cancel the Promotion, and adjust the Terms and Conditions accordingly, as appropriate.
Any cost associated with entering the Promotion is the entrant’s responsibility and is dependent on the Internet service provider used.
By providing the Menu as part of their entry, the eligible chef warrants that they have obtained the consent of any third party with intellectual rights in the Menu, to submit it for the purpose of the Promotion.
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, where it is legally unacceptable to do so (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Foodlink (including their respective officers, employees and agents) exclude 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 and Foodlink (including their respective officers, employees and agents) are not responsible for and exclude 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 or Foodlink’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, or redemption of a prize.