1. Information on how to enter the Streets Viennetta on a Stick Photo Competition (“Competition”) and prizes form part of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other published materials, these Terms and Conditions will prevail. By participating in the Promotion you accept these Terms and Conditions and any other terms and conditions associated with the Promotion. Entries not made in accordance with these Terms and Conditions will be disqualified.
2. The promoter is UNILEVER AUSTRALIA LIMITED A.B.N. 66 004 050 828 of 219 North Rocks Road, North Rocks, NSW 2151, Australia (“Unilever”)
3. The Promotion is open to Australia and New Zealand residents currently residing within Australia or New Zealand only (“Entrant”)
Entrants under the age of 18 may only enter with the consent of their parent or their legal guardian and acknowledge that the prize will be registered in the name of that parent or legal guardian. Employees or directors of the Promoter and the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
4. All valid entries received by the closing time on the closing date will be reviewed by the judging panel. This Promotion is a game of skill and chance plays no part in determining the Winners. Each entry will be judged individually based on creativity and originality.
5. The Promotion will commence on Friday 5thth August 2016 at 7.00 am (AEST) and will conclude on Thursday 11th August at 12.01 am (AEST) (“Promotional Period”).
6. To enter, Entrants must, during the Promotional Period:
(a) Take a photo of their Viennetta creation; and
(b) Post the photo to their own publicly accessible Facebook Timeline and/or Instagram feed and/or Twitter feed with the hashtag #Viennetta.
7. The Promoter will not consider entries that are not posted in accordance with these Terms and Conditions or posted after the Promotional Period has ended. Incomplete or incomprehensible entries will be disregarded. The Promoter accepts no responsibility for late, lost or misdirected entries.
8. The prize (“Prize”) is one (1) trip to Shanghai including a visit to the Streets Ice Cream factory in Taicang, China for two (2) adults valued up to AU 8,000 (“the Prize”). The Prize includes:
· Two (2) return economy airfares from winner's nearest capital city in Australia or New Zealand to Shanghai;
· Three (3) nights twin share three (3) star or above accommodation as determined by the Promoter; Return airport to hotel transfers; and
· A tour for two (2) of the Streets Ice Cream factory in Taicang including return transfers
· Viennetta prize pack
9. The one (1) prize will be awarded at the time of judging.
10. Prizes are non transferable or exchangeable and cannot be taken as cash. Where a Prize (or part of a Prize) is unavailable for any reason, the Promoter reserves the right to substitute that Prize (or part of that Prize) with another prize of equal value or specification, subject to any necessary approval of the relevant gaming authorities. Winners will be notified accordingly. The Promoter will not be liable for any changes to the value or make up of products offered as a prize.
11. Judging will take place at Level 3, 46-52 Mountain Street, Ultimo, Sydney, NSW, 2007, on Wednesday 17th August, 12pm.
12. The judges’ decision is final. The Promoter will not enter into any correspondence with any Entrant other than the Winners in relation to the Promotion or the Prizes.
13. The winner will be notified via their Facebook page or via comment on their Instagram post within one business day of the judging. Once notified, Winners will need to provide, via a private Facebook message to the Streets Ice Cream Australia and New Zealand Facebook Page or email (in the case of Instagram), their correct name, street address and contact number to enable the delivery of the Prize in accordance with clause 15.
14. If for any reason a Winner does not provide their correct name, street address and contact number or claim or take a Prize (or part of a Prize) by Friday 25th August 2016 6pm (AEDT), the Winner will forfeit that Prize (or part of a Prize) and cash will not be awarded in lieu of that Prize (or part of a Prize), and the judges will select an alternate Winner to receive the prize.
15. In order to accept the Prize, the winner and his/her companion must be able to travel for a period of three (3) days (excluding travel time) between 2 December 2016 and 2 February 2016. Exact travel dates will be confirmed directly with the winner closer to the event. Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken on dates nominated by the Promoter to coincide with the Streets Ice Cream experience and is subject to booking and flight availability. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
16. If the first place winner is unable to attend the Prize on the date required, they will be disqualified and the Prize will be awarded to the next highest ranked Participant.
17. All ancillary costs or requirements associated with the Prize are the Winner’s sole responsibility.
18. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Winners should seek independent financial advice in relation to any tax payable in relation to the Prize.
19. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant invalid if the Entrant:
(a) fails to establish his or her entitlement to enter the Promotion to the satisfaction of the Promoter;
(b) tampers with the entry process or benefits from such tampering; or
(c) submits an entry that is not in accordance with these Terms and Conditions.
The Promoter also reserves the right, at any time, to verify the validity of entries and Entrants’ details (including an Entrant’s identity, age and address). The Promoter may accept errors and omissions at its discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. If there is a dispute as to an Entrant’s identity, the Promoter reserves the right, at its sole discretion, to determine the Entrant’s identity.
21. Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, 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 or in relation to the Promotion.
22. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible, 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 or in relation to: (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 Promoter’s reasonable control; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an Entrant or Winner; or (f) use of the Prize.
23. The Streets Ice Cream Australia and New Zealand Facebook Page may not be available for access from time to time during the Promotion Period. All access to, and use of, the Streets Ice Cream Australia and New Zealand Facebook Page is at the individual’s risk. Any contact details entered incorrectly on the Streets Ice Cream Page or via email will result in the relevant entry being invalid.
To the fullest extent permitted by law, the Promoter, Instagram and Facebook exclude liability for any problems or technical malfunction of any communication network or lines, computer on-line systems, servers, or providers, computer equipment, software, or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to Entrants’ or any other person’s computer or other device related to or resulting from participating in the Promotion, or downloading from, or uploading any materials to, the Streets Ice Cream Australia and New Zealand Facebook Page, or Instagram, in relation to the Promotion.
24. It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize and the Prize supplier’s requirements.
25. In consideration of their participation in the Promotion, Entrants grant the Promoter, its affiliates and licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to reproduce, publish, communicate, modify and adapt their entry for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to their entry and warrant that they have the full authority to grant these rights.
26. Each Entrant agrees that he or she is fully responsible for his or her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under the Promotion. The Promoter may remove any entry without notice for any reason whatsoever.
Each Entrants warrants and agree that:
(a) they will not submit any entry 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 full prior consent to the uses contemplated in these Terms and Conditions from any person who has jointly created or has any rights in the entry;
(c) their entry does not contain viruses or cause injury or harm to any person or entity;
(d) any person whose personal information, including any image included in a photograph or visual recording included in their entry is a person with whom the Entrant has a direct family or friendship relationship, and has consented to the use of his or her image for and in connection with the Promotion. If the person is under 18 years of age, the person’s parent or legal guardian has provided that consent; and
(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other term in these Terms and Conditions, Entrants agrees to indemnify and keep indemnified the Promoter for any breach of the terms above.
28. Entrants consent to the Promoter using their name, likeness, image and voice (including photograph, film and recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
29. If for any reason the Promotion cannot run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the Promoter’s control corrupting or affecting the administration security, fairness or integrity or proper conduct of the Promotion, the Promoter can, at its sole discretion, take any action that may be available, and cancel, terminate, modify or suspend the Promotion, subject to any applicable State and Federal laws and regulations.
30. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
31. Any costs associated with accessing the Streets Ice Cream Australia and New Zealand Facebook Page is the Entrant’s responsibility and is dependent on the Internet service provider used.
33. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants:
(a) understand that they are providing their information to the Promoter, its affiliates and agencies associated with the Promotion, and not to Facebook; and
(b) release Facebook from any liability arising out of or in relation to the Promotion.
Facebook will not enter into any correspondence with Entrants regarding the Promotion.