Competition Terms & Conditions

1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions.

Entry

2. The Promotion commences on 20th November 2019 and ends at 11.59pm AEST/AEDST on 30th December 2019 (“Promotional Period”).

3. You must be aged 18 years or over to enter. Entry is open to Australian residents only. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.

4. To enter online: You can enter by purchasing a Gingerbread House Kit. Share an image of your creation and tag @distinctiveflavours on Instagram. Entries must be submitted as instructed during the Promotional Period.

5. Multiple entries are permitted, subject to each entry being posted separately and in accordance with the entry requirements.

6. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; (f) unlawful; (g) obscene; (h) defamatory; (i) discriminatory; (j) threatening; (k) pornographic; (l) harassing; (m) hateful; (n) racially or ethnically offensive; (o) capable of encouraging conduct that would be considered a criminal offence; (p) capable of violating any law; or (q) capable of giving rise to civil liability. Any such entry will be ineligible and will be discarded. Any entry that the judges deem otherwise inappropriate will be ineligible and will be discarded.

7. 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 to disqualify any entrant who submits an entry that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

8. The Promoter is not responsible or liable for late, lost or misdirected mail enclosing an entry, or an entry not being received by the Promoter for any reason whatsoever.

9. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.

10. You must not engage in any illegal or unsafe behaviour whilst participating in the Promotion (including while taking the entry photograph). To the extent permitted by law, the Promoter and its partners exclude any legal liability or responsibility for incidents or activities, whether legal or otherwise, engaged in by you or any other person during participation in the Promotion (including while taking the entry photograph).

11. The Promotion is a game of chance; skill plays no part in determining the winner.  The judges’ decision will be final and binding on every person who enters. No correspondence will be entered into. The CSR Sugar product must be included within the image to be an eligible entrant.

12. Failure to comply with these terms and conditions or any other applicable terms may result in disqualification and/or forfeiture of prizes at the Promoter’s sole discretion.

13. You warrant to the Promoter that your entry is an original work that does not infringe the rights of any person. You warrant that you own or have all necessary licences, rights, consents and permissions to use and authorize the Promoter to use all trademark, trade secret, copyright or other proprietary rights in and to your entry to enable inclusion and use of your entry in the manner contemplated by these terms and conditions. If any part of the information provided by you in relation to you entry was provided by a third party, you warrant that you have obtained the relevant copyright permission to submit the entry for the purposes of the Promotion.

14. You indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranties contained in these terms and conditions.

15. You grant to the Promoter an irrevocable, worldwide and perpetual licence to use your entry in any manner and for any purpose at its absolute discretion, including using your entry in connection with book publication and promotional, marketing or publicity purposes without any further reference or payment or other compensation to you. The Promoter may amend, edit, select, crop, retouch, add to or delete from any part of your entry.

16. The Promoter will not be liable for any breach of copyright in connection with your entry. You will be solely responsible your entry and the consequences of submitting it.

17. The Promoter may use and may permit others to use your entry at its absolute discretion, including in connection with a story or feature on the Promotion to be published in any of its print or digital publications, without further remuneration or reference to you.

Judging and award of prize

18. The draw will take place at 18 Invermay Grove, Hawthorn East VIC 3123 and will begin on 30th December 2019. 

19. The first valid entry randomly drawn from all entries received during the Competition Period will receive one (1) voucher for Distinctive Flavours to the total of $100.00 (including GST) valid for 12 months from the time of the draw. 

The TOTAL PRIZE POOL IS VALUED AT AUD $100.00 (including GST).

20. The winner will be notified in writing within 7 business days of the draw via Instagram direct message. The winner’s name will be published on the @distinctiveflavours Instagram account. 

21. The winner must take the prize as offered. The prize, or any unused portion of the prize, is not exchangeable or transferable.

22. If, for any reason, the winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner.

Prizes

General

23. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.

24. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may cancel, terminate, modify or suspend the Promotion.

25. 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 or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Promotion; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Promotion; (ii) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (iii) any theft, unauthorised access or third party interference; (iv) 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; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.

26. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.