PICNIC SEASON GIVEAWAY – TERMS AND CONDITIONS

KEY TERMS

TERMS AND CONDITIONS

1.     Entry Mechanics

1.1 The Key Terms and these terms and conditions (together the Terms) make up the rules for an Entrant’s participation in the Promotion. By participating, the Entrant accepts these Terms. Capitalised terms in these Terms have the meaning given to them in the Key Terms.

1.2 To enter the Promotion, Entrants must complete the Entry Procedure during the Entry Period.

1.3 Entrants may submit multiple entries by tagging a different friend in a separate comment on the official giveaway post, up to the Maximum Number of Entries, but each Entrant is only eligible to win once regardless of the number of entries they submit.

1.4 Entries are deemed to be received at the time the relevant comment is posted and visible on Instagram, not at the time of submission by the Entrant.

1.5 Entrants must keep their Instagram account public, continue to follow each of the required accounts, and keep their tagged comment visible and unedited from the time of entry until the Winner is confirmed. If an Entrant unfollows any of the required accounts, deletes or edits their entry, or sets their account to private before the Winner is confirmed, that entry will be invalid.

1.6 Using automated entry software, bots, fake or duplicate accounts, or any other means to enter the Promotion multiple times other than as permitted by these Terms, or to otherwise artificially inflate entries, is not allowed. If an Entrant does this, all of their entries will be invalid.

1.7 Incomplete or ineligible entries, as well as entries that breach these Terms, Instagram’s terms of use, or any other content guidelines set by the Promoter, will not be valid. The Promoter reserve 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 or Winner.

1.8 If a dispute arises as to the identity of an Entrant, the entry will be deemed to have been submitted by the authorised holder of the Instagram account used to submit it. The Promoter may ask an Entrant to provide the Promoter with proof that they are the authorised holder of the Instagram account associated with the entry.

2.     Winner Selection

2.1 The Winner will be selected from all valid entries received during the Entry Period, in accordance with the Draw Details set out in the Key Terms.

2.2 The Winner’s Instagram handle will be announced as set out in the Key Terms. It is a condition of entry into the Promotion that the Winner consents to their Instagram handle, and the entry (including their comment and the friend they tagged), being published and/or shared by the Promoter on the Promoter’ social media channels. By entering the Promotion, Entrants consent to the use of their Instagram handle and entry in this manner.

2.3 Entrants are responsible for all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated in these Terms).

2.4 Each valid entry will NOT be individually judged. The Winner will be selected at random from all valid entries and confirmed by the Promoter.

2.5 The Promoter’s decision is final and the Promoter will not enter into correspondence with Entrants regarding the decision.

2.6 If the Winner’s entry is found to be invalid, or the Winner does not respond by the Redemption Date, the Promoter may select an alternative winning entry in accordance with the Unclaimed Prize Redraw process set out in the Key Terms.

3.     Prizes

3.1 The Prize is specified in the Key Terms. THE PRIZE IS NOT TRANSFERRABLE AND NOT REDEEMABLE FOR CASH unless otherwise specified in these Terms.

3.2 If any part of the Prize is or becomes unavailable and the relevant Promoter have used all reasonable efforts to arrange it, the Promoter reserve the right to substitute that part of the Prize with an item of equal or greater value and/or specification, subject to any written directions from a regulatory authority.

3.3 The Promoter and/or any supplier of the Prize or any part of the Prize may in their absolute discretion:

(a) reserve the right to refuse to provide any part of the Prize to the Winner if they reasonably believe the Winner represents a safety, fraud or reputational risk, or for any other reasonable cause; and

(b) cancel or withhold the relevant component of the Prize if the conditions surrounding its provision are deemed unsafe or otherwise inappropriate.

4.     Claiming the Prize

4.1 The Winner will be contacted via Instagram Direct message (DM) in accordance with the Key Terms.

4.2 The Winner must respond to the Email and provide any information reasonably requested by the Promoter (including their full name, delivery address and contact details) by the Redemption Date, or the Prize will be deemed forfeited by the Winner.

4.3 If the Prize remains unclaimed by the Redemption Date, a redraw will take place in accordance with the Key Terms, specifically the Unclaimed Prize Redraw, subject to any directions from a regulatory authority. The alternative Winner, if any, will be notified in accordance with the Key Terms, specifically Notification of Unclaimed Prize Redraw Winners.

4.4 The Promoter will arrange delivery of the Prize within 28 days of the Winner confirming their delivery details, to an address within our delivery range in Australia only. Should circumstances outside the Promoter’s control cause a delay in delivery of the Prize, the Promoter will not be liable.

5.     General

5.1 (Amendments) If for any reason any aspect of this Promotion is not capable of running as planned, the Promoter may in their sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify the Prize, subject to State or Territory regulation.

5.2 (Consequential Loss) Despite anything to the contrary, but subject to the Non-Excludable Guarantees (as defined below), no Promoter will be liable under these Terms for any consequential, special or indirect loss including loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

5.3 (Currency) Unless expressly stated otherwise, a reference in these Terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD, AU$ or $ is a reference to the lawful currency of Australia.

5.4 (Dispute Resolution) In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter cannot be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.

5.5 (Force Majeure) The Promoter will not be liable for any delay or failure to perform their obligations under these Terms if such delay or failure is caused or contributed to by an event or circumstance outside of the Promoter’ reasonable control or influence.

5.6 (Instagram) The use of Instagram is subject to the prevailing terms and conditions of use of that platform. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or Meta Platforms, Inc. By entering the Promotion, the Entrant understands that they are providing their information to the Promoter and not to Instagram or Meta Platforms, Inc. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Instagram users. By participating in the Promotion, the Entrant releases Instagram and Meta Platforms, Inc. from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, associated with the Promotion.

5.7 (Intellectual Property Rights) Where an Entrant’s entry includes a comment, tag or other material submitted as part of the Entry Procedure (Content), the Entrant grants the Promoter an irrevocable, non-exclusive, royalty-free, worldwide, sublicensable licence to reproduce, publish, distribute, publicly display and create derivative works of that Content, for purposes connected with the conduct and promotion of this Promotion, including on the Promoter’ own social media channels, without compensation or further notification to the Entrant.

5.8 (Jurisdiction) These Terms are governed by the laws of the Relevant Territory where the Entrant was located when entering these Terms.

5.9 (Non-Excludable Guarantees) Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any legislation which cannot lawfully be excluded or limited, including the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other applicable State or Territory consumer protection legislation.

5.10   (Personal Information) The Promoter collects personal information from Entrants in order to conduct the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including contractors, service providers, suppliers of the Prize, and, as required, to regulatory authorities. Please see each Promoter’s respective Privacy Policy (linked in the Key Terms), and any privacy collection notice provided, for more information about how that Promoter handles personal information. By providing personal information to the Promoter, the Entrant agrees to the collection, use, storage and disclosure of that information as described in this clause and each Promoter’s Privacy Policy.