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CJ FOODS OCEANIA

Promotion Terms and Conditions

1. Terms and Conditions
(a) The Schedule above and all other entry instructions and prize information published by the Promoter form part of these Terms and Conditions. All capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated or as the context provides otherwise.

(b) These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Please retain a copy of these Terms and Conditions for your information.

(c) By participating in the Promotion, entrants accept and agree to be bound by these Terms and Conditions and consent to the conduct of the Promotion by the Promoter. By submitting an entry in the Promotion, all entrants will be deemed to have read, understood and agreed to these Terms and Conditions.

2. Eligibility Requirements
(a) Entry is open only to Eligible Entrants.

(b) Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion will be deemed ineligible.

(c) The Promoter may invalidate any or all of the entries made by the entrant if the entrant appears to have:
i. tampered with, or benefited from tampering with the Promotion in any way;
ii. used any form of automated entry involving any device or software;
iii. not complied with these Terms and Conditions;
iv. provided incorrect, misleading or fraudulent information; or
v. engaged in conduct that is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or the Promoter, in respect of, or in connection with entering and/or participating in the Promotion.

(d) The Promoter may require entrants to promptly provide identification including (without limitation) proof of identity, proof of age and proof of residency (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s eligibility to claim a Prize. In the event that the entrant fails to produce such proof that entrant will be ineligible for the Promotion.

3. Disqualification
(a) The Promoter reserves the right to, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who engages in any unlawful or other improper misconduct that jeopardises the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

(b) For the avoidance of doubt, the winner can be disqualified after the winner is notified and published. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. No compensation will be payable if the winner or their companion is unable to use any element of the Prize for whatever reason.

4. Entering the Promotion
(a) To enter the Promotion, entrants must follow the Entry Method during the Promotion Period. Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries.

(b) Entries are deemed to be received at the time of receipt by the Promoter, not at the time of transmission by the entrants.

(c) Once an entry is submitted, entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).

(d) If this Promotion is conducted or involves entry via a social media platform, the following will apply:
i. entrants must ensure their security settings on their personal account allow the Promoter to contact them in the event that the entrant is a winner;
ii. use of social media platforms is subject to the terms and conditions of use of that social media platform;
iii. entrants acknowledge that the Promotion is in no way sponsored, endorsed, administered by, or associated with, any social media platform. The winner is solely responsible and liable for the content of their entries and/or posts and any other information they transmit to other Internet users; and
iv. to the extent permitted by law, the winner agrees to release any and all social media platforms (and their associated agencies and companies) used in conjunction with this Promotion, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the winner and their companions in respect of their participation in the Promotion.

5. Drawing of the Winner(s) and Prizes
(a) Determination of the winner will be conducted in accordance with the Winner Determination. The Prize will be awarded to a valid entrant or entrants (as applicable) drawn in accordance with the Winner Determination and Prize details.

(b) The Prize must be taken as offered and cannot be varied. No Prize is transferable or exchangeable, nor can it be redeemed for cash (unless otherwise indicated).

(c) The Prize will be provided by the Promoter to the winner by a delivery method to be nominated at the full discretion of the Promoter. If any Prize is not claimed by the Prize Claim Date, the Prize will be deemed forfeited by the winner and the Promoter reserves the right to conduct further draws to determine a winner for that Prize.

(d) The Promoter will not be liable for any Prize that has been stolen, forged, lost, damaged or tampered with in any way.

(e) Entrants are advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of their Prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a Prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.

6. Exclusion of Liability
(a) Nothing in these Terms and Conditions limits, excludes, 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 any other applicable laws.

(b) The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.

(c) To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any Prize, including any Warranties that may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of Prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a Prize, or using or permitting any other person to use the Prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.

(d) If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms and Conditions which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion or paying the cost of resupplying those goods or services.

(e) Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.

(f) The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of Prizes.

(g) The winner(s) may be required to sign a legal release as required by the Promoter in its absolute discretion prior to receiving the Prizes.

7. Intellectual Property Rights
(a) Entries must not include or make reference to the intellectual property rights of any person (other than the entrant) including but not limited to any visible logos, drawings, cartoons, phrases, trademarks, copyrighted material, or mark that identifies a brand or other third-party materials unless the entry is submitted with the written consent of the owner of the applicable intellectual property rights. Failure to do so may, in the Promoter’s sole absolute discretion, result in the entry becoming invalid.

(b) All entries and materials submitted to the Promoter in connection with this Promotion (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter. Each entry must be the entrant’s original work (except as otherwise consented to pursuant to clause 7(a)). By entering this Promotion, entrants:
i. consent to the Promoter using their entries or materials in any manner it sees fit, including exploiting, making copies of or publishing the whole or any part of their entry, to publicise this Promotion, to promote and market the Promoter’s goods and services, or for any other purposes;
ii. acknowledge and agree that the Promoter reserves the right to use, reproduce, distribute and display the entry materials for the purposes of conducting and promoting the Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity;
iii. expressly consent under the moral rights provisions of the Copyright Act 1968 (Cth) to the effect that the Promoter has the unfettered right to treat their entry in any manner at its sole discretion, to alter their entry in any manner and to the Promoter (or its prize supplier and promotional partners) not attributing authorship of their entry to the entrant; and
iv. will, at the Promoter’s reasonable request and at the Promoter’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this clause.

8. Personal Information
(a) A copy of the Promoter’s Privacy Policy may be accessed on the Promoter’s website at: https://www.cjfoods.com.au/privacy/

(b) By entering and participating in the Promotion, all entrants will be deemed to have:
i. consented to the disclosure and publication of their name and suburb by the Promoter, the Promotion’s prize supplier and any promotional partners associated with the Promotion, for the purposes of the administration of this Promotion and for any other purposes for which the entrants have provided consent; and
ii. acknowledged and agreed that any use or any publication of entries or the winner’s Personal Information during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.

(c) Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the entrant’s participation in this Promotion has given their consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this Promotion.

9. General
(a) If for any reason beyond the reasonable control of the Promoter, any aspect of this Promotion is not capable of running as planned, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), pandemic, infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion, at the absolute discretion of the Promoter.

(b) The Promoter may at its sole discretion amend any aspect of this Promotion or of these Terms and Conditions from time to time, subject to applicable laws in the relevant state or territory.

(c) These Terms and Conditions are governed by laws of the New South Wales.

(d) Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

(e) Unless the contrary intention appears, a reference in these Terms and Conditions or the Schedule or in any advertisement relating to this Promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

(f) Entrants warrant that they have the full power and capacity to grant any of the rights, warranties and consents as set out in these Terms and Conditions.