“MURRAY COD AUSTRALIA LIMITED – WIN AN AQUNA SUSTAINABLE COD FARM TOUR”
TERMS AND CONDITIONS
- Information on how to enter the “Murray Cod Australia Limited – Win an Aquna Sustainable Cod Farm Tour” (Promotion) and the prizes 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 Level 1, 153 Yambil Street, Griffith NSW 2680 (Promoter).
- The Promotion is only open to individuals who:
- are chefs aged 18 years or over;
- work at and authorised by their Participating Venue (as defined below) to participate in the Promotion;
- are able to attend the prize during the dates nominated by the Promoter; and
- are not directors, management, or employees (and their immediate family members) of the Promoter, PFD Food Services Pty Ltd (ABN 29 006 972 381) (PFD) or the Promoter’s agencies involved in the conduct of the Promotion, unless indicated otherwise. “Immediate family members” 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 first cousin.
- “Participating Venue” means a venue which is an end user food service business located in either: the Australian Capital Territory (ACT),New South Wales (NSW), Victoria (VIC), or Queensland (Qld), which purchases the Promoter’s product via a PFD
- By participating, the entrant warrants that: (a) they are authorised by their Participating Venue to enter (including purchasing the required products) from PFD on the Participating Venue’s behalf; (b) if they are deemed a winner, claim and attend the prize, and participate and appear in any promotional materials (including but not limited to online and social media materials) created in connection with attending the prize, which may be used for the purpose of promoting the outcome of the Promotion, and the Promoter’s goods and/or services on such further terms and conditions as set out below; and (c) their entry can be used for the purposes set out in these Terms and Conditions.
- The promotional period commences at 12.01am AEST on 1 May 2022 and closes at 11.59pm AEST on 30 June 2022 (Promotional Period). The entry period commences at the same time as the commencement of Promotional Period and ends at 11.59pm AEST on 14July 2022 (Entry 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, the eligible chef must:
(a) purchase at least $75 or more (including GST) of the Promoter’s product from PFD, on behalf of their Participating Venue, via a PFD representative assigned to the chef’s Participating Venue on three separate occasionsduring the Promotional Period (Eligible Purchase). Only once the eligible chef has completed the Eligible Purchase can they enter their entry in accordance with the Promoter’s instructions detailed below;
(b) create a dish containing the Promoter’s Product, and present it in a way that they would potentially present it to a customer at the Participating Venue;
(c) take a photograph of the created dish (Photo); then
(d) post the Photo(not a story), during the Entry Period, containing the name of their dish and Participating Venue via their personal Instagram account, and tag their post @aqunasustainablemurraycod, @pfdseafood, and pfdfoodservices.
- Entrants must ensure that their personal Instagram account has the required privacy settings to ensure that they can be contacted by the Promoter if they are deemed a winner.
- Limit one (1) entry per person.
JUDGING AND PRIZES
- All entries will be judged by a panel of judges made up of individuals from the Promoter and PFD, as determined by the Promoter in its absolute discretion. All entries will be judged based on appearance and creativity. The judging will take place after the Entry Period at a location and time determined by the Promoter. This is a game of skill and chance plays no part in determining the winners. The Promoter, in its absolute discretion, reserves the right to select reserves and record them in order of merit, and use them if the original individual or entry selected is deemed ineligible or invalid for the purpose of this Promotion.
- Entries will be entered into the relevant judging pool (either NSW and ACT combined, VIC or Qld entry pools) according to the location of the Participating Venue where the entrant works, and otherwise in accordance with the Promoter’s absolute discretion.
- The entrant that submitted the best valid entry from all entries in a particular judging pool (i.e. NSW/ACT combined, Vic and Qld) as determined by the judges, will each win the prize.
- The prize consists of a tour of the farm where the Promoter undertakes the production of its product in Griffith, NSW, valued at up to $1,600depending upon the point of departure (the valuation is based on one (1) person taking the prize and departing from Brisbane). The prize consists of:
- one (1) return economy airfare from either Canberra, Sydney, Melbourne or Brisbane (based on the nearest airport to the winner or PFD rep (as applicable) and determined in the absolute discretion by the Promoter);
- two (2) night’s (for the winner that departs from Brisbane airport) or one (1) night’s (for the winners who depart from Sydney and Melbourne airport) single room accommodation at the Gem Hotel, subject to booking and availability;
- one (1) farm tour to take place with other winners during the course of the prize;
- one (1) Good Food gift card valued at $250 (one (1) per person for use at participating restaurants). Redemption of the gift card is subject to the issuer’s standard terms and conditions. Once delivered, the Promoter accepts no responsibility for expired, lost, stolen, damaged or gift cards that have been tampered with in anyway;
- an Aquna Merchandise Pack containing selected clothing and merchandise as determined by the Promoter; and
- an Aquna degustation dinner to take place during the farm tour.
Each prize must be taken to coincide with the farm tour on the dates specified by the Promoter during September or October2022. All travel is subject to availability at all times and maybe dependent on additional conditions, including but not limited to select seat class with airlines or specific room category availability with accommodation partner. If the relevant winner cannot travel in accordance with these Terms and Conditions, their prize will be forfeited. If, for any reason, the relevant winner not take an element of the prize during the stated period, and on the conditions stipulated by the Promoter or any third parties, then that element of the prize will be forfeited, and cash will not be awarded in lieu of that element of the prize.
Spending money, excess baggage costs, meals (other than specified in these Terms and Conditions as forming part of the prize), beverages, taxes (excluding airport and airline taxes), travel insurance, transport to and from the airport departure point, any additional transfers other than those referred to in the Terms and Conditions, items of a personal nature, in-room charges, and all other ancillary costs are not included in the prize. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. The prize is subject to the standard terms and conditions of individual third party service providers. The relevant winners may be required to present their credit card at time of accommodation check in as a security measure for any charges incurred during the stay over and above the cost of accommodation. The Promoter recommends that individuals obtain travel insurance for their period of travel.
The relevant winners acknowledge that elements of the prize may be subject to additional terms and conditions imposed by third party service providers, including booking conditions, fare rules including any amendment fees, baggage restrictions, conditions of carriage, codes of conduct and any standard restrictions or participation conditions in addition to those outlined in these Terms and Conditions. The relevant winners must become acquainted with any such additional terms and conditions before taking the prize. The Promoter does not accept any responsibility, and is not liable for, any additional conditions imposed by third party service providers on the taking of the prize, or for the breach of those conditions by any winner and the consequences, which may follow.To the fullest extent permitted by law, the Promoter shall not be responsible for and cannot be held liable for any element of the prize which is cancelled or delayed, or where the location is changed, or any other occurrence that is out of the reasonable control of the Promoter, or service providers.
- 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 PFD records that have been provided to the Promoter by PFD), including the number or value of products purchased. Any returns, or cancellation of purchases will be taken into consideration by the Promoter in determining whether an entrant is eligible to receive an entry or qualify for any prize. The Promoter takes no responsibility for any errors, malfunction or inaccuracies contained in the records, delays in accessing, or inability to access the records provided by PFD.
- 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 (including an entrant’s identity, age, and place of residence and employment) and reserves the right, in its sole discretion, to disqualify any entrant 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 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.
- If for any reason a winner does not use, redeem, or take a prize (or an element of a prize) in accordance with the instructions or at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited, and will not be redeemable for cash. The Promoter accepts no responsibility should a winner not use, redeem, or take the relevant prize (or an element of the prize) in accordance with the instructions.
- Winners agree to participate or appear in, upon request, to a reasonable amount of promotional activities/materials (such as an interview), as determined by the Promoter in its absolute discretion, during, before or after the course of the prize, and consent to the Promoter using these materials (or edited version of the same) and their name, likeness, image, Photo, entry 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 (including any associated prize) 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, or entrant; 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.
- Entrants agree that they are fully responsible for any information or materials they submit in connection with the Promotion, including but not limited to, their name, entry, Aquna Murray Cod creations, social media handle, comments, recordings, Photos, and images (“Content”). The Promoter or PFD shall not be liable in any way for such Content to the full extent permitted by law. The Promoter or PFD may amend, remove or decline to publish any Content without notice for any reason whatsoever, and the Promoter may request the removal of entries from Instagram at any time in its absolute discretion. Entrants warrant and agree that:
- they will not submit any Content that is unlawful or fraudulent, or that the Promoter or PFD 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, indecent, inappropriate, 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 to submit the Content in accordance with these Terms and Conditions from any person or from the owner(s) of any property, including intellectual property, that appears in their Content, and if such person is under the age of 18, the prior consent of their parent or legal guardian. The entrant will obtain the prior agreement of any other person featured in the Content (or if such person is under the age of 18, their parent or legal guardian);
- they own the copyright and/or intellectual property rights in the Content and have the rights in the Content to the uses contemplated by these Terms and Conditions; or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
- to the extent permitted by law, they unconditionally and irrevocably consent to any use of the Content or act or omission which may otherwise infringe any moral rights in the Content 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; and Instagram’s requirements.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and PFD for any loss or damage for a breach of this clause 23.
- As a condition of entering this promotion, each entrant licenses and grants the Promoter and PFD their respective affiliates and sub-licensees an unrestricted, royalty-free, perpetual, worldwide, irrevocable, transferable and divisible right and license to use, reproduce, modify, adapt, publish and display their entry (which shall include Content), or part of their entry, 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 requested by Promoter or PFD, the entrant agrees to sign any further documentation required by the Promoter or PFD to give effect to this arrangement.
- 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 PFD (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 PFD (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 PFD’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.