MILKLAB CAFÉ RECIPE COMPETITION

TERMS AND CONDITIONS

  1. 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.

WHO CAN ENTER?

  1. Subject to clause 3, entry is only open to Australian residents aged 18 years or over with a valid Instagram account.
  2. Employees and immediate families of Freedom Foods Group Operations Pty Limited (the “Promoter”) and their related entities and associated agencies are not eligible 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, stepbrother, step-sister or first cousin.

HOW TO ENTER

  1. Promotion commences on Monday 15th April 2019 at 8am AEST and final entries close on Sunday 28th April 2019 at 11:59pm AEST (“Promotional Period”).
  2. To be eligible to enter, entrants must:

(a)        Upload a photo and recipe of their Milklab cafe recipe creation to their own Instagram account (having first obtained their café’s prior permission to participate) or their café’s Instagram account.

The post copy must include the name of the café recipe as well as the ingredients and full recipe method. Ten (10) winning entries will be chosen, the entries will be judged based on: originality, creative merit, visual appeal and suitability for preparation and sale in a café.

Individuals or their cafes are responsible for purchasing the Milklab product for use in their competition entry.

(b)       Tag Milklab using both the competition hashtag #milklabinspo, and @milklabco handle in their Milklab recipe creation using any Milklab product.

(c)        Tag their café as the location

  1. To enter entrants must enter the promotion via Instagram during the Promotional Period.
  2. Entrant’s Instagram account must be public and must not be set to private to be eligible. Uploaded files must be submitted in accordance with Instagram’s requirements.
  3. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age 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, provided false information, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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.
  4. Incomplete or indecipherable entries will be deemed invalid.
  5. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  6. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to their name, social media handle, comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may amend, remove or decline to publish any Content without notice for any reason whatsoever, and the Promoter may request the removal of entries from Instagram at any time in its absolute discretion. Entrants 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, indecent, inappropriate, or otherwise unsuitable for publication;

(b)        Their Content shall not contain viruses or cause injury or harm to any person or entity;

(c)        They will obtain prior consent to submit the Content in accordance with these Terms and Conditions from any person or from the owner(s) of any property, including intellectual property, that appears in their content, and if such person is under the age of 18, the prior consent of their parent or legal guardian. The entrant will obtain the prior agreement of any other person featured in the Content (or if such person is under the age of 18, their parent or legal guardian) to the Promoter’s Privacy Policy which is available at http://ffgl.com.au/wpcontent/uploads/2017/04/Privacy-Policy.pdf;

(d)        They own the copyright and/or intellectual property rights in the Content and have the rights in the Content to the uses contemplated by these Terms and Conditions; or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

(e)        To the extent permitted by law, they unconditionally and irrevocably consent to any use of the Content or act or omission which may otherwise infringe any moral rights in the Content 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; and Instagram’s requirements.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

  1. As a condition of entering this promotion, each entrant licenses and grants the Promoter, Freedom Foods Group Ltd and their affiliates and sub-licensees an unrestricted, royalty-free, perpetual, worldwide, irrevocable, transferable and divisible right and licence to use, reproduce, modify, adapt, publish and display their entry (which shall include Content), or part of their entry, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. If requested by Promoter, the entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement.
  2. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Terms of Use which can be viewed at http://instagram.com/legal/terms.
  3. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. It is a condition of participating that each entrant grants a complete release to Instagram from any claims that they now have or may have in the future that relate to or are incidental to this promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
  4. Any cost associated with entering the promotion or accessing Instagram or any promotional website is the entrant’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 entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

PRIZE

  1. Ten (10) winning entries will be chosen and each winning entrant will win one (1) year’s supply of Milklab. The entries will be judged based on: originality, creative merit, visual appeal and suitability for preparation and sale in a café.
  2. The total maximum prize value for each prize is RRP AUD $1,643.20 including GST per one (1) x year’s supply of Milklab (total prize pool value is RRP AUD$16,432 including GST). One (1) x Year’s Supply of Milklab includes 52 cartons of Milklab.Milklab Soy, Milklab Almond, Milklab Macadamia and Milklab Coconut cartons contain 8 x 1 litre. Milklab Lactose Free and Milklab Dairy contain 12 x 1 litre.

    Prize value is correct at the date of printing. The Promoter accepts no responsibility for change in prize value between now and the ultimate date on which the prize is taken.

PRIZE CONDITIONS

  1. The Prize will be delivered in up to three (3) x separate deliveries over twelve (12) months as arranged with each individual winner.
  2. If for any reason the winner does not take delivery of the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  3. If the prize (or part of the prize) is 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.
  4. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
  5. The winner must be 18 years of age at time of entry and must provide valid identification to the Promoter.
  6. Entrants consent to the Promoter using their name, social media handle, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration or compensation for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  7. The winner agrees they will not sell or otherwise provide their story and/or photographs to any media or other organisation.

HOW TO WIN

  1. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged by a panel of judges from the Promoter. The entries will be judged based on: originality, creative merit, visual appeal and suitability for preparation and sale in a café.

There will be ten (10) winners selected in total from the eligible pool of entrants. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

  1. The judging will take place at Freedom Foods Group of 80 Box Road, Taren Point NSW 2229 at or before 5:00pm on 30 April 2019.
  2. The winners will be notified via Instagram direct message on 1st May 2019 on or by 6:00pm. The winner acknowledges that, in order to receive the message from the Promoter, they must accept the Promoter’s “follow” request.
  3. The Promoter’s decision is final, and no correspondence will be entered into.
  4. The Promoter may in its absolute discretion deem entries invalid subsequently to a winner being notified or a winner’s name being announced if it is discovered that the winner did not enter the promotion in accordance with these Terms and Conditions.

NO LIABILITY

  1. In the case of the intervention  of  any  outside  act,  agent  or  event  which prevents or significantly hinders the Promoter’s ability to proceed with the promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter   may   in   its   absolute   discretion   modify, cancel, terminate or suspend the   promotion,  and/or recommence it from the start on the same Terms and Conditions.
  2. The Promoter and/or its associated agencies and companies, will not be liable for any damages, misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
  3. During the entry process or winner determination process;
  4. In the acceptance, participation or use of any element(s) of the prize;
  5. As a consequence of late, lost, failed, delayed, inaccurate or misdirected entries or other communications;
  6. Due to the broadcast of any program relating to the promotion, or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person;
  7. Arising from or related to any problem or technical malfunction (including security or data breaches) of any Internet, software, or telecommunications related to or resulting from participation in this promotion; and/or
  8. As a result of the conduct of Instagram, including the decision of Instagram to remove or not remove any photographs or content, except for liability which cannot be excluded by law. In particular, the thoughts and views expressed on Instagram are only the thoughts and views of the individual that posted them. They are not representative of the opinions of the Promoter and/or its associated agencies and companies. The Promoter and/or its associated agencies and companies do not guarantee or warrant the accuracy, completeness or usefulness of any post or Content.
  9. The Promoter and its 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 unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available.
  10. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States 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) 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 the promotion.
  11. 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  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:

(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; or

(e)        Any tax liability incurred by a winner or entrant.

PROMOTER’S DETAILS

  1. The Promoter is Freedom Foods Group Operations Pty Limited (ABN 99 089 982 392) of 80 Box Road, Taren Point NSW 2229.
  2. Entry details are collected by and remain the property of the Promoter and its related entities for the purpose of conducting and promoting this promotion, including for   the   purpose   of   identifying   and   notifying   winners   and understanding our audiences.  The Promoter will handle your personal information in accordance with its Privacy Policy which is available at http://ffgl.com.au/wpcontent/uploads/2017/04/Privacy-Policy.pdf (and which contains information regarding how you can access your personal information, correct it and/or make a complaint about our handling of your personal information). By providing your personal information, you agree to the terms of our Privacy Policy. Without limiting the foregoing, the Promoter may disclose the entrant’s personal information to its related entities, business partners and external service providers for the purpose of processing and conducting the promotion, for promotional purposes surrounding the promotion, research and profiling purposes, and for other purposes reasonably related to the entrant’s relationship with the Promoter. In  addition,  by  entering  this  promotion,  you consent to the Promoter using  your  personal  information  for  the purpose of the Promoter’s and its related entities sending you information regarding programs, products and services available through them and/or through their business partners, and to the Promoter sharing your personal information with its related entities for the purpose of those entities sending you such information directly.  Those entities will handle your personal information in accordance with the Privacy Policy at http://ffgl.com.au/wp-content/uploads/2017/04/Privacy-Policy.pdf.  We will always provide you with the ability to opt out of those communications.