Brumby’s Bakery Easter Social Media Competition – Terms & Conditions 1. Information on how to enter forms part of the terms and conditions of entry together with these terms and conditions and the Brumby’s Bakery Privacy Policy located at https://www.brumbys.com.au/ (Terms and Conditions). 2. Entry into the Scratch & Win competition (Competition) is deemed acceptance of these Terms and Conditions. 3. This Competition is promoted by RFGA Management Pty Ltd ACN 071 765 609 (Promoter/Brumby’s Bakeries). 4. The Competition is a game of skill, and chance plays no part in determining the winner. Eligibility to Enter 5. Entry is open to residents of Australia only who are aged 14 years or over, subject to parental consent. To prove that Entrants have consent to enter parents and guardians may be required to enter into a further agreement. 6. Entrants must have a public Instagram account to enter. For the purpose of this condition, ‘public’ is an account that is able to be viewed by other accounts on Instagram without first having to be accepted by the Entrant as a friend or associate on Instagram. Entrants cannot have their account otherwise set to ‘private’. 7. Employees, and their immediate families (immediate family means spouse/partner, child or step-child (natural or by adoption), parent, or sibling), of the Promoter and its associated brands and companies connected with this Competition are not eligible to enter. Competition Commencement and Close 8. The Competition commences on 19/03/2020 at 12 noon (AEST) and concludes on 22/03/2020 at 11:59 pm (AEST). Entry into the Competition 9. To enter participants must: a. Comment on the relevant post with the words they believe make up the secret code. 10. Incomprehensible and incomplete entries will be deemed invalid. 11. Entrants in the Competition may only enter once per social platform. Further Conditions of Entry into the Competition 12. The Promoter reserves the right to request a winner to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. 13. The Promoter reserves the right to verify the validity of entries and to disqualify in its sole discretion any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct that is unlawful, fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter or the Competition in entering this Competition. The Promoter reserves the right in its sole discretion to disqualify a winner if Promoter becomes aware that the winner and/or the winner's entry is of a type described in this clause. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 14. Entries must be received by 22/03/2020 at 11:59 pm (AEST). The time of entry will in each case be the time the comment is posted. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason. Posts generated by a computer and not attributable to a valid Instagram or Facebook account are invalid and will not be accepted. 15. Each entrant in the Competition releases and indemnifies, to the fullest extent permissible by law, the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with entry into this Competition. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of entry into the Competition. To remove doubt these Terms and Conditions do not exclude or limit consumer guarantees or other requirements provided in the Competition and Consumer Act 2010 (Cth) and similar state or territory legislation. 16. The cost of entering the Competition will be dependent on the entrant's individual Internet Service Provider. 17. There will be 1 winner, who will win 1 x Sony PlayStation 4 & 1 x Peter Rabbit Merchandise Pack. 18. Prize values are based upon the recommended retail prices (RRP) at the time of posting (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. 19. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value. 20. In consideration for the Promoter awarding the prize to the winner, the winner hereby consents being identified as the winner of the prize and consents to the winner's name, image and/or voice, as recorded, photographed or filmed during the winner's participation in the prize and in the Competition to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. 21. Prizes are non-transferable. In the event that for any reason whatsoever a winner does not take the prize or an element of the prize at the time stipulated by the Promoter then that prize or that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or an element of that prize. 22. By entering this Competition, entrants accept and acknowledge full responsibility for their decision to participate in the prize should they be chosen as a winner. Each winner releases and indemnifies, to the fullest extent permissible by law, the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the prize or any other aspect of the prize. To remove doubt these Terms and Conditions do not exclude or limit consumer guarantees or other requirements provided in the Competition and Consumer Act 2010 (Cth) and similar state or territory legislation. Each winner acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize. 23. Each valid entrant will be judged by a selected judging panel from the Brumbys Bakery marketing team. The first person to comment the correct secret words (pre-determined by the promoter) will win. The winner will be notified by 23/3/2020. 24. Prizes will only be awarded to the account holder of the entry mechanism used to submit their entry (i.e. the Instagram/ Facebook account holder). The winner will therefore be, in each case, the account holder. 25. Notification will be provided to the winner by the Promoter placing directly messaging the Entrant with instructions on how to claim their prize. 26. Should an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter. 27. Subject to any direction given under relevant State legislation, an unclaimed prize any unclaimed prize will be awarded to runners up as determined in the initial judging of the Competition, any unclaimed prize will first be awarded to the first runner up, the second to the second runner up, the third to the third runner up, the fourth to the fourth runner up and the fifth to the fifth runner up (as applicable), by 27/3/2020. 28. The Promoter's decision is final and the promoter will not enter into correspondence regarding the Competition result. 29. 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. 30. To the fullest extent permitted by law the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the Instagram or Facebook user or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. 31. This Competition may be cancelled, modified or suspended if an event occurs that significantly impedes the Competition from proceeding on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, computer viruses, technical failure, severe weather events, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, suspend or modify the Competition subject to any relevant law or instruction provided by the relevant regulator. 32. If the Competition is not able to run as planned for any reason, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which have the effect of affecting or corrupting affect the security, administration or integrity of this Competition (Interference), then in relation to the Interference the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, to take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any direction given under State Regulation. 33. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. 34. All entries, including any copyright in the entries, become the property of the Promoter. 35. To facilitate entry into this Competition and the claiming of a prize by a winner the Promoter collects personal information about you information about how we use personal information is set out in the Brumbys Bakery’s Privacy Policy is located at www.brumbys.com.au. 36. This Competition is not administered by or associated with Facebook or Instagram. 37. These Terms and Conditions are governed by the laws in force in the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these Terms and Conditions.
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