2015 Monday Morning Cooking Club Photo Competition – Show us your donuts.
1. Information on how to enter and prizes form part of the Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions
Eligibility:
2. Entry is open to anyone who has a personal Instagram or Facebook account.
3. Entrants must upload a picture of sufganiots or donuts on their personal Instagram account, Facebook personal profile or Twitter personal profile, follow Monday Morning Cooking Club on either Instagram, Facebook or Twitter and use #MondayMorningCookingClub and #showusyourdonuts on their entry.
Promotional Period:
4. Promotion commences at 7pm AEST on 1st December 2015 and ends at 7pm AEST on 14th December 2015 (Promotional Period).
5. To enter, Entrants must, during the Promotional Period:
upload an image of sufganiot or donuts to their personal Instagram account, Facebook personal profile or Twitter personal profile ,
use #MondayMorningCookingClub and #showusyourdonuts with their image
6. Multiple entries are allowed but each entry must be accompanied with a new image for each entry.
7. Entrants acknowledge and agree that their Content may be published on the Promoter’s website (www.mondaymorningcookingclub.com.au) and the Promoter’s Social Media pages (Facebook, Instagram, Twitter, etc) for an unlimited period of time. The Promoter reserves the right, at any time, to refuse to publish or remove any already published Content in its sole discretion.
8. Entries must be submitted in the manner required and received by Promoter during the Promotional Period. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Incomplete, inaccurate, erroneous, obscene, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries.
9. If judged a winner, Entrants will acknowledge and agree that the Promoter may use the winning image/s across their assets and any paid advertising or media.
Judging
10. Judging will take place on Monday 14 December 2015 in order to determine one best entry for the Promotional Period. Each entry will be individually judged based on deliciousness, creativity and/or composition. This is a game of skill and chance plays no part in determining the winner.
11. The winner will be notified via Instagram private chat or Facebook direct message where details will be provided to claim prize and announced on Monday Morning Cooking Club social media channels.
12. The winner will be notified within twenty-four (24) hours of the judging. A Monday Morning Cooking Club representative will contact the winner. The winner will have seven (7) business days from the time of winner notification to respond to the Promoter in order to claim their Prize. In the event a winner does not respond to the Promoter within seven (7) business days, the winner will be deemed to have forfeited their Prize and the Promoter may judge additional reserve entries in order to determine a winner. All reasonable steps to notify the winner of the results of the Judging will be taken by the Promoter. The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.
13. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this promotion. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
Prize
14. The winning entry, as determined by the judges will win one (1) copy og The Feast Goes On. Total prize value of $49.95. Each of the three winning entries will win a Monday Morning Cooking Club apron. Each apron has a value of $35 and the total prize value is $105.
15. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise stated). Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value.
16. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value at the Promoter’s sole discretion, subject to any written directions from the relevant authorities. Winner will not be entitled to any additional compensation in the event that the prize has been substituted at equal or greater value.
17. The Promoter is not responsible or liable for any loss, damage or injury suffered by the winner as a result of the winner accepting and/or using a prize, except for any loss, damage or injury which is due to the negligence or willful misconduct of the Promoter or which cannot be excluded by law.
Content
18. Without limiting any of the provisions of these Terms and Conditions, the Promoter requires that each Entry fully complies with these Terms and Conditions and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (including but not limited to copyrighted material, trade mark, logo or mark that identifies a brand), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. 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). Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any Prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.
20. When an Entrant submits/uploads any Content, the Entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
21. Entrants agree that they are fully responsible for the Content they submit. The Promoter may remove any Content it may display in any media without notice for any reason whatsoever. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purposes of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).
22. Entrants warrant and agree that: (a) their Content is an original work of the Entrant and does not infringe the rights of any third party; (b) 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; (c) they will obtain prior consent from any person that appears in their Content and/or from the owner(s) of any property that appears in their Content; (d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (e) their Content shall not contain viruses or cause injury or harm to any person or entity; and (f) they will comply with these Terms and Conditions and 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.
23. Each Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of any warranty provided by the Entrant in these Terms and Conditions.
24. Each Entrant consents to the Promoter using their Entry, name, 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 for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Each Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
25. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products and/or services.
General
24. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. 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. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a Prize, and any information submitted by an Entrant in entering the promotion, before issuing a Prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid.
25. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Terms and Conditions; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise 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. Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
26. It is a condition of accepting a Prize that a winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
27. If the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu.
28. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize/s to the same value as the original Prize/s.
29. The Promoter, its franchisees and associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, Loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged registrations, prize claims or prizes; and/or (iv) acceptance and/or use of a Prize.
Privacy
30. The Promoter collects Personal Information about an Entrant to include the Entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. Winners will be required to confirm their Personal Information and submit any other details requested by the Promoter (which may include their ordinary postal address in Australia, if applicable) in the manner and time required, otherwise their Prize may be forfeited. Incorrect, incomplete, erroneous or ineligible details confirmed by an Entrant at time of winner notification will deem the Entrant ineligible.
31. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer via email: lisa@mondaymorningcookingclub.com.au. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter and is made available at http://www.mondaymorningcookingclub.com.au/privacy-policy These Conditions of Participation will prevail to the extent of any inconsistency between these Conditions of Participation and the Promoter’s Privacy Policy.
32. In these Terms and Conditions: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
Promoter: Monday Morning Cooking Club (ABN:78 397 520 873) c/- 40 New South Head Rd Vaucluse Phone +61 408 112263