Pauls World Milk Day Generational Recipes Competition – May 2021

TERMS AND CONDITIONS

1. Information on how to enter and the prize 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 Australian residents aged 18 years or over. Individuals must have a Facebook account in order to access the promotional page. 

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 1^st

4. Promotion commences at 12:00pm AEST on 1 June 2021 and ends at 12:00pm AEST on 10 June 2021 (“Promotional Period”).

5. To enter, individuals must complete the following steps during the Promotional Period: a) visit the Pauls Dairy Facebook Page at www.facebook.com/PaulsDairy (“Facebook Page”); b) like the Pauls Dairy Facebook Page by clicking the ‘like’ button (if not an existing follower of the Facebook Page); c) locate the “Pauls World Milk Day Generational Recipes Competition – May 2021” competition post on the Facebook Page wall (“Promotional Post”) and comment in the post by inserting a family recipe (ingredient list and method) which includes as at least one of its ingredients, milk or dairy, (you may also tag your family and friends in your post); d) for the removal of doubt, the individual’s response must be posted as a direct Facebook comment to the Promotional Post made by the Promoter to be validated. 

6. All entries are subject to review by the Promoter for compliance with these Terms and Conditions. Entries 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 Facebook Page. In addition, any entrant that submits such content will not be eligible to win. 

7. Incomplete or indecipherable entries will be deemed invalid.

8. Multiple entries permitted, subject to the following:

• a) each entry must be substantially unique; and

• b) each entry must be submitted separately and in accordance with entry requirements.

9. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.

10. 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.

11. Chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the answer provided. 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.

12. The best valid entry, as determined by the judges, will win a $500 EFTPOS gift card.

13. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

14. The winner will be notified by way of a comment on the “Pauls World Milk Day Generational Recipes Competition – May 2021” post on the Pauls Dairy Facebook page, and via Messenger, on Monday,14 June 2021.

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

16. The winner must, within 48 hours of the time at which the Promoter posted the notification of the winner comment, must provide the Promoter with their email address, and, if they do not, then the prize will be forfeited.

17. If the 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.

18. Total prize pool value is $500 AUD.

19. The prize is not transferable or exchangeable and cannot be taken as cash.

20. In these Terms and Conditions, “Intellectual Property Rights” means all present and future rights conferred by law in or in relation to intellectual property including copyright, trademarks, designs, patents, circuit layouts, plant varieties, inventions and Confidential Information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or unregistered or patentable (including all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights), excluding moral rights.

21. When an entrant submits any materials via the promotion including recipes, comments and photos (“Content”), the entrant: 

• a) must own or have the right to use (including the right to sub-licence the use of) all Intellectual Property Rights in the Content; 

• b) warrants that the Content does not infringe the Intellectual Property rights or any other rights of any third party; 

• c) by submitting the Content, grants the Promoter a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability;

• d) consents to the use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrants that they have the full authority to grant these rights; and

• e) agrees that, where the entrant is not the author or maker of any of the Content, the entrant must procure from any person who is the author or maker of that Content a written assignment of all Intellectual Property Rights of such person in the Content as necessary to give effect to clause 21 and a written consent from such person irrevocably consenting to the Promoter exercising its rights in the Content in a manner that, but for the consent, would otherwise infringe the moral rights of that person. Such consents and assignments are to be given free of charge (and the terms on which the Promoter contracts with such persons must contain a provision to that effect).

22. Each entrant agrees that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove 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) they will obtain prior consent from any person or property that appears in their Content;

• c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

• d) their Content shall not contain viruses or cause injury or harm to any person or entity; and 

• e) 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. 

23. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach by the entrant of its obligations under these Terms and Conditions.

24. 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.

25. 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. 

26. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.

27. 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 2010 (Cth) and any other applicable consumer protection laws in the State 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.

28. 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 tax liability incurred by a winner or entrant; or 

• e) taking and/or use of the prize.

29. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter will also use and handle personal information as set out in its Privacy Policy, which can be viewed at Lactalis.com.au/privacy-policy/. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

30. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php.

31. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to 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. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or LinkedIn. Entrants understand that they are providing their information to the Promoter and not to Instagram or LinkedIn. 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 Instagram or LinkedIn. Instagram and LinkedIn 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. 

33. The Promoter is Lactalis Australia Pty Limited (ABN 56 072 928 879) of Level 5, 35 Boundary Street, South Brisbane, Queensland 4101.