Weeknight One-Pots Competition - TERMS

1/03/2017 - Weeknight One-Pots Competition - TERMS

“WEEKNIGHT ONE-POTS – CHASSEUR” PROMOTION TERMS AND CONDITIONS


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1. 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.

2. Entry is only open to residents of Australia and New Zealand aged 16 years and over. Entrants between the ages of 16 and up to but not including 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.

3. Employees (and their immediate families) of the Promoter 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.

4. Entries open on 02/04/2017 and final entries close at 11:59pm AEST on 06/05/2017 (“Entry Period”).

5. To be eligible to enter, individuals must purchase the new Weight Watchers ‘Weeknights One-Pots’ cookbook (“Cookbook”) and any one (1) other Weight Watchers product in a single transaction during the Entry Period (“Qualifying Purchase”). Qualifying Purchases can be made from the Weight Watchers online shop at http://shop.weightwatchers.com.au/epages/shop.sf, any participating Myer Lifestyle Centre in Australia, or at any official Weight Watchers meeting held in Australia or New Zealand.

6. To enter, individuals must then complete the following steps during the Entry Period:
a) Go to our online shop shop.weightwatchers.com.au
b) Write a product review for any Weight Watchers product on their individual product pages with #WWproducts included within your review.

7. Each entrant warrants to the Promoter that each product review submitted is an original creative work of the entrant that does not infringe on the rights of any third party. The content featured in each product review must comply with the provisions contained in clause 23. All product reviews will be reviewed by the Promoter for compliance with these Terms and Conditions. Product reviews that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, will at the discretion of the Promoter be removed from the Shop Page. In addition, any entrant that submits such content will not be eligible to win.

8. Incomplete or indecipherable entries will be deemed invalid.

9. Multiple entries permitted, subject to the following: (a) each entry (i.e. Product Review) must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements. For the sake of clarity, individuals only need to complete a Qualifying Purchase once to be eligible to enter multiple times.

10. Entrants must retain their original product barcodes for both the Cookbook and the other Weight Watchers product purchased in the Qualifying Purchase as proof of purchase. Failure to produce the required proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize.

11. 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. 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.

12. 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.

13. This is a game of skill and chance plays no part in determining the Winners (defined below).

14. The Promoter will judge all entries against each other based on the originality and creative merit of the Product Review submitted. The best ten (10) valid entries, as determined by the judges, will each be a “Winner”. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

15. The ten (10) Winners will each win a Chasseur French Oven 22cm Red Pot, valued at AU$439.

16. The Winners will be notified by way of an email. Each Winner will then be required to contact the Promoter in order for the Promoter to organise delivery of their prize.

17. Total prize pool valued at AU$4,390.00.

18. The Promoter’s decision is final and no correspondence will be entered into.

19. If a Winner is under the age of 18 years, the prize will be awarded to the Winner's nominated parent or guardian.

20. If for any reason a Winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.

21. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

22. Prizes are not transferable or exchangeable and cannot be taken as cash.

23. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photographs and comments (“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:
(a) 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;
(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 property that appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
(e) 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
(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. 24. 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.

25. 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.

26. 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.

27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

28. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and will render all entries submitted by that individual invalid.

29. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.

30. 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) taking/use of a prize.

31. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

32. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

33. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.weightwatchers.com.au/legal/privacy.aspx. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose Australian entrant’s PI to any entity outside of Australia.

34. The promoter is Fortuity Pty Ltd (ABN 55 007 148 683) of Level 5, 1-3 Smail Street Ultimo, NSW 2007, Australia, telephone: +61 (02) 9928 1300 (“Promoter”).