McCain Masterpiece Ceramicist Competition Terms & Conditions

SCHEDULE

Promotion

McCain Masterpiece Ceramicist Competition

Promoter

McCain Foods (Aust) Pty, Ltd, Level 10/616 St Kilda Rd, Melbourne VIC 3004, ABN 96 000 629 587

Competition Period

Start Date: 3/4/24 at 12pm AEST

End Date: 12/4/24 at 12pm AEST

Eligible entrants

Permanent residents of Australia aged 18 years and over who are not ineligible to enter the Promotion under clause 2 of the Terms and Conditions (Entrants)

Ineligible entrants

Directors, management, employees, officers and contractors of:

  1. the Promoter;
  2. any related bodies corporate of the Promoter;
  3. the agencies and companies associated with the Promoter or the Competition; and
  4. a spouse, de facto spouse, partner, guardian, parent, child or sibling (whether natural or by marriage or adoption) of any person set out above.

Instagram Account

@mccain_au

Entry Method

To enter the Competition, during the Competition Period, Entrants must:

  1. Follow the Instagram Account;
  2. Like the competition post on the Instagram Account (Competition Post); and
  3. Tag one (1) friend and comment to the post, by responding to the prompt: ‘What’s your best way to enjoy a bowl of chippies?’.

(Entry)

For every one (1) friend you tag/moment you share in a separate comment on the Competition Post, you will receive one (1) Entry into the Prize Draw. Tagging the same friend or sharing the moment more than once will void your Entry. For the avoidance of doubt one (1) friend tagged with one (1) moment shared = one (1) Entry. Entrants will also receive one (1) bonus Entry for each repost of the Competition Post on their Instagram story.

Entries must not promote the goods or services of any other party, other than those of the Promoter. Entrants must follow the Instagram Account up until determination of the Winners in order to be eligible to receive a Prize.

No other method of entry will be accepted.

Maximum Entries

You can enter multiple times, provided that each friend tagged/comment made is unique. Entries must be submitted separately in accordance with these Terms and Conditions.

Winner Determination

This is a game of skill. Chance plays no part in determining a winner.

There will be 4 winners determined in respect of this Competition.

Judging will take place on Monday 15 April 2024 at 12pm (AEST) at the offices of the Promoter. A judging panel appointed by the Promoter will review each Entry and will judge the entries based on creativity and originality to determine the winners. The 4 most creative entries, as determined by the judges in their sole discretion, will be deemed the winners and receive a Prize (Winners).

The Promoter reserves the right to select additional reserve entries that it determines to be the next best entry, and record them in order of merit, in case of an invalid entry, ineligible Entrant or unclaimed Prize (Reserve Entrant).

Prize

There are 4 prizes available.

Each Winner will receive one (1) @alessiaeart ceramic chip bowl (valued at $250).

There is a limit of one (1) Prize per Winner. Prizes will be shipped directly to the address provided by the winner.

Total Prize Pool

$1,000 AUD

Winner Notification

The Winners will be announced on the Instagram Account competition post at 12pm on Tuesday 30 April 2024.

Each Winner will be notified via private message to their Instagram account, within fifteen (15) days from the judging date on Tuesday 30 April 2024.

Unclaimed Prize (s)

Each Winner must claim their Prize by Tuesday 07 May 2024.

If, after making reasonable attempts, the Promoter cannot contact a Winner or a Winner has not claimed a Prize by the prize claim date above, the relevant Entry will be discarded and the Promoter will re-award the Prize to a Reserve Entrant. Any Reserve Entrant winner will be notified via private message to their Instagram account.

 

Terms and Conditions

  1. The Schedule above and all other entry instructions and prize information published by the Promoter form part of these Terms and Conditions of this Competition. Each Entrant agrees and acknowledges that they have read these Terms and Conditions (and Schedule) and that entry into the Competition constitutes acceptance of these Terms and Conditions (and Schedule). All capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated or as the context otherwise provides.

Entry

  1. Entries must be received by the Promoter during the Competition Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  2. Any and all entries that are made using any automated entry means, computer entry service or any other mechanical or electronic means that allows an individual to automatically enter repeatedly are invalid and will be rejected by the Promoter.
  3. Entry into the Competition via social media, promotional website or email is free. However, any costs associated with accessing the relevant social media platform, promotional website or email service are the responsibility of each Entrant and dependent on the internet service provider used.
  4. All entries to the Competition may be subject to verification by the Promoter. Entrants must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Competition, including but not limited to receipts, evidence of age, residence and identity. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. If a Winner cannot provide suitable proof of eligibility to the Promoter’s satisfaction, they forfeit their Prize in whole and no substitute or compensation will be offered.
  5. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
    1. fails to establish their entitlement to win the Competition to the Promoter’s satisfaction; or
    2. fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
    3. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
    4. has submitted an entry that is not in accordance with these Terms and Conditions; or
    5. has, in the opinion of the Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition or Promoter.
  6. Entries must be submitted in accordance with the Entry Mechanic and must not be incomplete, incomprehensible, unlawful or capable of violating any law or giving rise to a civil action, obscene,  defamatory or libelous, threatening or harassing, pornographic or contain nudity, hateful, offensive, incite or be capable of encouraging conduct that would be considered a criminal offence and in violation of the terms and conditions of the relevant social media platform used to enter the Competition.
  7. Entrants warrant that their entry is their own original work, it is not copied in any manner from any other work, and it does not infringe the copyright, moral rights, trade mark rights or any other rights of any third party.
  8. All entries immediately become and remain the property of the Promoter. The Promoter reserves the right to use, reproduce, distribute, prepare derivative works of and display the entry material (and authorise others to do the same) for the purposes of conducting and promoting the Competition, awarding the Prize and advertising and marketing the Promoter or the Competition and/or future promotions on all media now known or later devised, in perpetuity.
  9. By entering the Competition, Entrants consent to any use of their entry by the Promoter which may otherwise infringe an Entrant’s moral rights in the entry material, including (without limitation), exercising any of the rights in the entry material without identifying the Entrant, and using the entry material in any way that the Promoter sees fit, even if it results in derogatory treatment of the entry material (as defined in the Copyright Act 1968 (Cth)).
  10. Each Entrant warrants that:
    1. they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
    2. they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
      1. if any of the warranties given by the Entrant are false;
      2. as a result of any breach of clauses 9 and 10 of these Terms and Conditions by the Entrant; and
    3. they have express consent from each person appearing in the entry material (or if a person appearing in the entry material is under the age of 18 from that person’s parent or legal guardian) and the owner of any private property (including any items, objects or real property) appearing in the entry material.

 

Prizes

  1. Prize values are correct as at the date of preparation of these Terms and Conditions.
  2. If a Prize or any part of a Prize is unavailable for any reason, the Promoter will, in its absolute discretion, substitute the Prize with another item of no lesser retail value.
  3. Prizes cannot be refunded or exchanged or redeemed for cash, except as expressly permitted by these Terms and Conditions.
  4. Prizes may be transferred at the Promoter’s sole discretion. If the Promoter exercises its discretion to allow a Winner to transfer their Prize, the transfer will be on the condition that the transferee accepts these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
  5. If for any reason a Winner does not (or is unable to) take their Prize or an element of their Prize at the time stipulated by the Promoter, they forfeit their Prize or that element of their Prize and no compensation or substitute will be offered.
  6. Prizes may not, without the prior written consent of the Promoter, be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If the Promoter becomes aware of a Prize being used for a purpose in breach of this condition, the Promoter may, at their absolute discretion, withdraw the Prize. Where a Prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered to the Winner or any other person.
  7. Winner/s should seek independent financial advice at the Winner’s sole expense regarding any tax implications relating to the Prize/s or acceptance of the Prize/s.
  8. Prizes cannot be used in conjunction with any other discounts or special offers.
  9. Winners are responsible for all ongoing costs associated with use of the Prize, including insurances (including excesses).
  10. The Promoter may invalidate any Prize where the Winner has breached these Terms and Conditions or otherwise failed to comply with any requirement under these Terms and Conditions.
  11. It is a condition of accepting the Prize/s that the Winner/s and their guest/s must, if requested by the Promoter, sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
  12. Prize/s may be subject to additional terms and conditions imposed by third parties. Winners must comply with any such additional terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of a Prize or participation in the Competition. The terms and conditions which apply to a Prize at the time it is issued to a Winner will prevail over these Terms and Conditions, to the extent of any inconsistency.

 

Publicity

  1. By accepting a Prize, Winners agree that:
    1. if requested by the Promoter, the Winner will:
      1. provide comments about the Competition and/or a photo or audio-visual clip of themselves; and
      2. participate in any promotional activity in connection with the Competition or the Prize;
    2. the Promoter may use the Winner’s name, image, comments, photographs or audio-visual clips (Materials) for publicity and promotional purposes in any form of media, without reference or compensation to the Winner or any other person;
    3. the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
    4. the Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; and
    5. the Winner unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials and waives all moral rights in the

 

Use of social media

  1. This Competition is in no way sponsored, endorsed, administered by, or associated with any social media platform owned by a third party including Facebook, Instagram or TikTok. Entrants are providing their information to the Promoter and not to any social media platform. To the extent relevant to the Competition, the Promoter and Entrants must adhere to the terms and conditions of the relevant social media platform. Entrants are solely responsible and liable for any content or information they transmit toother users on the social media platform. Entrants release the relevant social media platform from any and all liability in respect of the Competition. Any questions, comments or complaints about the Competition must be directed to the Promoter not the social media platform.

 

Limitation of liability

  1. 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, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar State and Territory consumer protection laws (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Competition (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Competition or the Prize/s.
  2. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Competition (including each of their respective directors, officers, employees, servants, contractors and agents past and present) is not responsible for and excludes all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Competition, including but not limited to loss or damage arising out of:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
    2. any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Competition, or by any technical error that may occur in the course of the Competition;
    3. any delays or failures in any telecommunications services or equipment;
    4. any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction, unauthorised access or third party interference;
    5. any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, altered, damaged or misdirected (whether after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    6. any variation in Prize value to that stated in these Terms and Conditions;
    7. any tax liability incurred by a Winner or Entrant;
    8. if a Prize or any part of a Prize is unavailable for any reason; or
    9. use of the Prize/s.
  3. If a Prize is to be delivered directly to a Winner by a third party supplier, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any loss or damage to the Prize, any delay or failure relating to the Prize itself or failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise.

 

General

  1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
  2. If there is a dispute concerning the conduct of the Competition, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.
  3. If for any reason any aspect of this Competition is not capable of running as planned, including, without limitation, by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure, acts of God, civil unrest, strike, war, act of terrorism, pandemic or any other cause beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition and invalidate any affected entries, or suspend or modify a Prize.
  4. Any attempt to cause damage to any website or the information on any website associated with this Competition or to otherwise undermine the fair and legitimate operation of this Competition may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law if any such attempt is made, whether that attempt results in any such damage, interference or undermining.
  5. The Promoter will collect Entrants' personal information in connection with this Competition and will use and handle the personal information in accordance with these Terms and Conditions and the Promoter’s Privacy Policy at https://www.mccain.com/privacy.
  6. These Terms and Conditions are governed by the laws of Victoria.
  7. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  8. These Terms and Conditions and the Schedule constitute the entire agreement between each Entrant and the Promoter with respect to the Competition. The Promoter may unilaterally vary, alter, modify, or amend these Terms and Conditions and the Schedule, including during the Competition Period, and will publish notice of such variation on its social media platforms.
    Companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Promotion or the Prize/s.

 

Privacy

  1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1998. The Promoter will collect Entrants' personal information in connection with this Promotion and will use and handle the personal information in accordance with these Terms and Conditions and the Promoter’s Privacy Policy at https://www.mccain.com/privacy