These Terms and Conditions and any other provisions referred to herein (the “Conditions of Entry”) govern your entry into the “Mamamia Giftmas – Birde” competition (the “Promotion”) as organised by Mamamia Pty Ltd (ABN 63 105 572 192), L3, 68 Wentworth Avenue, Surry Hills, NSW, 2010 (“the Promoter”).
Entrant means any eligible person, according to section 2 of these Conditions of Entry, who enters the promotion in accordance with section 2 of these Conditions of Entry.
Entry means the sign up form and any other requested information that the Entrant provides in accordance with section 2 of these Conditions of Entry.
Immediate Family means a spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of a director, manager, employee, officer or contractor of the Promoter, whether or not they live in the same household.
Judging Date means 28th December 2018 between 9am AEDST and 5pm AEDST.
Prize Provider means Birde Pty Ltd; ABN: 98620907315; PO Box 265 St Leonards 1590 NSW Australia
Prize means One Birde bundle including Birde console + Seed Bag + Bonus Dinosnores Seed Pack.
Prize Claim Date means Prize will be distributed to the winners addresses as provided in the Competition Entry Form.
Prize Notification Date means five (5) business days after the Judging Date.
Prize Winner means an Entrant that is selected to receive a Prize pursuant to section 4.
Promotional Period means 12:15am 21st December 2018 AEDST to 11:45pm 21st December 2018 AEDST.
Conditions of Entry means These Terms and Conditions and any other provisions referred to herein.
Websites means www.mamamia.com.au
2. Conditions of Entry
- Participation in this Promotion constitutes acceptance of these Conditions of Entry.
- This Promotion is a game of skill and chance plays no part in determining the Prize Winners.
- Entrants must be at least 18 years or older.
- Entries are open to residents of Australia.
- Entrants sign up to this Promotion by:
- Logging on to the Website at the nominated page;
- Simply tell us in 25 words or less, who is the chirpiest little birdie in your family?;and
- Completing all other requested information on the sign up form.
- Entrants warrant that they will comply with all other applicable requirements during the Promotion Period.
- Entries that are incomprehensible or incomplete will be deemed invalid and will not be included in the judging process.
- Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers directly associated with this Promotion and the Immediate Family members of these person are ineligible to enter this Promotion.
- The Promoter may amend the Promotional Period in accordance with state legislative rules.
- A person who has won prizes to the value of $10,000 or more, in any promotion(s) or competition(s) run by the Promoter in the previous six (6) months prior to this Promotion is automatically ineligible to enter.
- Entrants may submit more than one Entry but they are only permitted to receive one Prize.
- Automated and/or computer generated Entries or Entries that are incomprehensible or incomplete will be deemed invalid and will not be included in the judging process.
- Entries will be deemed to have been received at the time of receipt by the Promoter and not at the time of transmission by the Entrant.
- Ineligible or late Entries will be deemed to be invalid. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible / inaudible entries (including lost, stolen, forged, defaced or damaged Entries).
- It is the responsibility of the Entrant to notify the Promoter of any changes to their address or contact details during the Promotional Period.
- Once submitted, no changes to or withdrawal of an Entry will be permitted.
- By submitting an Entry, the Entrant warrants that all Entry content will be their original work and/or that the Entrant has all relevant permissions from the copyright owner to include their copyright in the Entry and that permission entitles the Promoter to use the Entry in accordance with these Conditions of Entry.
- The Entrant acknowledges and agrees that by submitting an Entry, each Entrant assigns all rights, including but not limited to copyright, in the Entry to the Promoter and consents to the Promoter using the Entry at its discretion in any manner, including by editing, modifying, removing, adapting or publishing the Entry in whole or in part, by way of all media, without payment to the Entrant of royalties, compensation or otherwise.
- The Entrant acknowledges and agrees that by submitting an Entry, each Entrant consents to any dealings with the Entry that may otherwise infringe their moral rights in the Entry.
- The Entrant acknowledges and agrees that the Promoter will not return the Entry.
- An Entry must not include:
- Any content that depicts another person without that person’s express consent, and if that person is a minor, the consent of that minor’s parent or guardian; and
- Any content that contravenes any law, infringes the rights of any person or is potentially offensive, obscene, defamatory, discriminatory, indecent or otherwise objectionable.
3. General Conditions
- All decisions and actions of the Promoter in relation to the Promotion, including those under section 4 below, are at the absolute discretion of the Promoter and are final and the Promoter is not obliged to negotiate or discuss any decisions or actions taken with Entrants or any other person.
- Subject to state regulations and/or approval from any relevant authority if required, the Promoter may vary the terms of, or amend, suspend or terminate this Promotion at any time, at its absolute discretion, without notice to the Entrants and without liability to any Entrant, Prize Winner or other person and will not be obliged to award the Prize.
- The Promoter and/or its representatives may conduct security and/or verification checks in their absolute discretion to determine the bona fides of an Entrant’s eligibility to enter the Promotion.
- Where an Entry is deemed invalid prior to the Prize Claim Date, the Promoter may determine a new Prize Winner.
- The Promoter reserves the right to request Prize Winners to provide proof of identity, proof of residency and/or proof of Entry validity in order to claim a Prize, and in the event that a Prize Winner cannot provide suitable proof (determined at the discretion of the Promoter) they will forfeit the Prize in whole.
- By agreeing to enter the Promotion, Entrants consent to their name and Entry being broadcast online or communicated to the public in any medium, for purposes related to the Promotion, by the Promoter.
- The Promoter may, in its sole discretion, declare any or all Entries invalid, and/or prohibit further participation by an Entrant in this Promotion or any other competition or promotion held by the Promoter if the Entrant:
- Disrupts, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another Entrant or potential Entrant or anyone else associated with the Promotion;
- Engages in conduct that is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation;
- Fails to comply with any reasonable requests or guidelines in relation to the Promotion; and/or
- Fails to comply with these Conditions of Entry.
4. Judging Process
- The Promoter will judge the entries on the Judging Date at the Promoter’s usual place of business.
- The Promoter will judge Entries based on the creativity, literary merit, originality and suitability displayed in the Entry in the context of the Promotion (the “Judging Criteria”) and the best Entries will be selected to receive the Prize.
- There will be a maximum of 1 Prize Winner who will win the Prize.
- Prize Winners will be notified by email by the Prize Notification Date.
- Prize Winners details will be shared with the Prize Provider.
- Prize will be mailed to the Prize Winner at the address submitted in the Entry.
- The Prize is not redeemable for cash.
- The Prize is non-transferable and non-exchangeable, cannot be substituted for any other product or cash equivalent and cannot be redeemed by anyone other than the Prize Winner.
- The Prize is valued at RRP AUD $299.
- If a Prize is unavailable for any reason, the Promoter may, at its discretion, substitute it for another item of equal or higher value.
- These Conditions of Entry do not exclude, restrict or modify any rights of an Entrant under Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter, including but not limited to a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods will be of acceptable quality.
- Notwithstanding section 6 a. to the extent it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality and suitability of the prize awarded under these Conditions of Entry and will not be responsible for breach of any such implied terms.
- Without limiting this disclaimer, the Entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking the Prize and takes full responsibility for any such risk/s.
- Entrants take full responsibility for any content provided in or with their Entry and for ensuring that their Entry complies with the Conditions of Entry.
7. Liability Exclusion
- The Entrant acknowledges and agrees that the Promoter and its agencies and representatives associated with the Promotion will not be liable:
- For any error, technical malfunction, problem, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or other prevention of Entrants from successfully submitting an Entry, any injury or damage to an Entrant’s (or any other person’s) computer related to or resulting from participation in or the Promotion.
- If for any reason beyond their reasonable control the Prize or any portion of the Prize is not provided.
- For any damage to or delay in delivery of Prizes.
- For any tax implications that may arise from winning a Prize or from a variation in the Prize value.
- For any injury, loss or damage, of any nature whatsoever, whether direct, indirect, special or consequential, which is suffered or sustained as a result of or in connection with entering the Promotion, receiving the Prize or using the Magnet, except for any liability which cannot be excluded by law, in which case liability is limited to the minimum amount allowable by law.
2. Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion and acknowledge that: (a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook; (b) any information provided by the Entrant in connection with the Promotion is provided to the Promoter and not to Facebook and (c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
8. Your Information
- The Promoter requires the Entrant’s personal information in order to conduct the Promotion.
- By entering the Promotion, you agree to the Promoter collecting, storing and using your personal information:
- for the purpose of conducting the Promotion, including providing your personal information to the Promoter’s related bodies corporate, contractors, agencies and third parties directly associated with this Promotion and to relevant authorities in the Relevant States;
- in advertisements, publications, media statements and other promotional material directly associated with the Promotion; and
- for the Promoter’s other marketing purposes, including for contacting you by electronic messaging (email and SMS) in relation to marketing, future promotions, special offers, goods and/or services and other administrative matters.
- Any capitalised terms have the meaning provided for in these Conditions of Entry, unless stated otherwise.
- Entrants may not use or disclose any information that is confidential (on the notification of the Promoter or that would reasonably be deemed to be information not generally available to the public), including but not limited to information about the management of the Promotion.
- You may direct any questions, concerns or complaints regarding these Conditions of Entry by writing to the Promoter at: Mamamia Pty Ltd, Level 3, 68 Wentworth Avenue, Surry Hills, NSW, 2010.