Terms and Conditions
- 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.
- The promoter is Wilmar BioEthanol (Australia) Pty Ltd ABN 85 009 660 191 of Level 22, 300 Queen Street Brisbane QLD 4000 (Promoter).
- Entry is open to any individual in Australia:
a). over 18 years of age ; or
b). under 18 years of age with the prior written consent of their parent or guardian (Eligible Person).
- Employees (and their immediate families) of the Promoter and its related bodies corporate (as this term is defined in the Corporations Act 2001 (Cth)) 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 first cousin.
- The promotion commences on at 06:00:00 AEST and concludes on 30 November 2019 at 17:00:00 AEST (Promotional Period).
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age (including accompanying consent if applicable) 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. The Promoter reserves the right to remove any entry that uses language considered offensive, to be determined in its sole discretion. 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.
- Incomplete or indecipherable entries will be deemed invalid.
- Multiple entries are permitted, subject to the following:
a). each email (entry) must be unique; and
b). each entry must be submitted separately and in accordance with entry requirements.
- If there is a dispute as to the identity of an Eligible Person, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Person.
- This is a game of skill. The twelve (12) best photos will be selected by a representative of the Promoter at the Promoter’s site on 2nd December 2019 at 12:00:00 AEST (Draw).
- A total of twelve (12) winners will be selected by the Promoter as part of the Draw (12 Winners). The 12 Winners will be announced on 4th December at 11:00am AEST on . The Promoter’s decision is final and no correspondence will be entered into. The 12 Winners will each be notified through direct email and will be asked to provide their age, contact phone number and home address. Where any of the 12 Winners are under 18 years of age, they must provide the contact number of their parent or guardian. All further correspondence will then be by email or phone using the details provided by the winner.
- Each of the 12 Winners will receive a shirt provided by the Promoter, and their photo will be included in the Promoter’s 2020 calendar (Prize). The total prize pool value is $480.00 ($40.00 per shirt x 12). Prizes are not transferable or exchangeable and cannot be taken as cash.
- If any prize (or part of any prize) becomes unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
- Prizes will be sent to the 12 Winners at the address they provide to the Promoter.
- Should there be any unclaimed Prizes two (2) days, a supplementary winner will be selected on 9 December 2019 at 14:00 AEST at the Promoter’s site Bruce Highway Sarina Queensland. If a winner is drawn they will be announced via the Promoter’s website and contacted by email.
- Each time an entry is made the maker of that entry agrees and states that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (Content). The Promoter will 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. Eligible Persons 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 does 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 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, the entrant agrees to indemnify the Promoter for any breach of the above warranties.
- As a condition of entering this promotion, each Eligible Person agrees to assign all of their rights, title and interest (including copyright) in their entry (including the Content) to the Promoter, and to execute any documents to confirm such assignment.
- Any cost associated with emailing photos to the Promoter’s email address in order to enter the competition is the Eligible Person’s responsibility and is dependent on the internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Person to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Person invalid.
- The 12 Winners consent to the Promoter using their entry, name, likeness, image and/or voice (including photograph, film and/or a recording) 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.
- 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 Eligible Person; or
(b) to modify, suspend, terminate or cancel the promotion, as appropriate.
- Liability for any tax (other than FBT) arising out of participation in this promotion (including acceptance of a prize) is the sole responsibility of the Eligible Person. Eligible Persons should seek independent financial advice in this regard.
- 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), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth)or similar 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) is not responsible for and exclude 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 an Eligible Person; or (f) use of a prize.