Plant LIfe Balance #GrowSomeGood Competition (Consumer)

GAME OF SKILL PROMOTION: TERMS AND CONDITIONS MAY 2020


  1. Promoter: Horticulture Innovation Australia Limited (ACN 602 100 149) of Level 7/141 Walker St, North Sydney, NSW 2060 (“Hort Innovation”) with assistance of Republic of Everyone, 1/116 - 118 Chalmers Street, Surry Hills NSW 2010. Tel: 02 8097 8746

 

  1. Information on and instructions on how to participate in this promotion form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

 

  1. Entry is only open to Australian residents aged 18 years or over (“Entrants”). Entrants must have a Facebook or Instagram account in order to submit an entry. Employees and officers (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, aunt, uncle, niece, nephew, sister, brother, step-sister, step-brother or 1st cousin.

 

  1. Entrants must submit an entry in accordance with these Terms and Conditions.

 

  1. Promotion Period: The Promotion commences at 12:00pm AEST/AEDT on 25 May 2020 and concludes at 12:00am AEST/ AEDT on 21 June 20.

 

  1. Criteria: To enter the promotion, during the Promotional Period, Entrants must: 
    1. Comment on the designated competition post on Facebook (facebook.com/plantlifebalance) with their creative isolation gardening project; AND
    2. use the hashtag #growsomegood and #myplantlifebalance in their post caption OR Post a picture or video to their Instagram channel with their creative isolation gardening project AND d) tag @myplantlifebalance;
      AND;
    3. use the hashtag #growsomegood and #myplantlifebalance in their post caption.
    4. Entries must include an image or video, and can include additional images, text or video and all content will be judged together.
    5. All entries must be original.
    6. Entries must be received during the Promotional Period and each Entrant may enter as many times as they like.

 

  1. Prize:
    1. The entry judged to be the best by the Promoter from all entries received during the Promotional Period will receive a 1 x AU $500 nursery gift voucher to a Plant Life Balance accredited nursery, local to the suburb of the winner.
    2. There will be one major prize winner during the Promotional Period.
    3. The prize winner will be notified via Instagram or Facebook by close of business on Monday 29 June 2020.
    4. The winners name and entry may also be published on Facebook at https://www.facebook.com/plantlifebalance/ and on Instagram at https://www.instagram.com/myplantlifebalance.
    5. Unless otherwise agreed, in writing by the Promotor, the prize will be sent to the winners’ Australian residential addresses, which will be confirmed by the winner via Instagram or Facebook, within 10 days of the promotion end date.
    6. The Promoter reserves the right to substitute the prize for another of equal value, as reasonably determined by the Promoter and any directions by the regulator.
    7. Once the prizes have left the Promoter’s/ its supplier’s premises, the Promoter and its agencies and companies associated with the promotion will not be responsible for any delay in delivery, loss or damage to that prize.
    8. Prizes are not transferable or exchangeable and cannot be redeemed for cash.
    9. In the event for any reason a winner does not take the prize when specified by the Promoter, then the winner will forfeit the prize and cash will not be supplied in lieu of the prize. The Promoter reserves the right to substitute the prize for another of equal value, as reasonably determined by the Promoter and any directions by the regulator.
    10. As a condition of receiving the prize, the prize winner irrevocably consents to the Promoter using their name, likeness and entry in promotional material in any medium worldwide for unlimited time.

 

  1. This is a game of skill. The winning entry will be judged on its quality and creativity. 

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and Entrant (including the Entrants’ identity, age and place of residence) and to disqualify any Entrant who the Promoter believes has submitted an entry that is not in accordance with these Terms and Conditions or has tampered with the promotion process. Identification considered suitable for verification is 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.

 

  1. Incomplete or indecipherable entries will be deemed invalid. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. Entries are deemed to be received at the time they are publicly published. 

 

  1. By entering the promotion, each Entrant irrevocably agrees and accepts their entry may be used for promotional purposes for unlimited time without any further reference, payment or other compensation to the Entrant in any medium worldwide. 

 

  1. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter (including but not limited to by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures) the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to terminate, modify, cancel or suspend the promotion, or invalidate any affected entries, as appropriate.

 

  1. Any cost associated with accessing the promotional entry is the Entrants 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 their details and claim repeatedly is prohibited and will render all claims submitted by that Entrant invalid.

 

  1. If an entry is deemed by the Promoter not to comply with these Terms and Conditions, the entry will be discarded and the Entrant will not receive a communication in this regard. No correspondence will be entered into.

 

  1. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.

 

  1. Instagram and Facebook: You are providing your information to the Promoter and not to Facebook or Instagram. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram and Entrants completely release Facebook and Instagram from any and all liability in connection with this promotion, to the extent permitted by law. Entry and continued participation in the Promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at: facebook.com/terms.php, and the Instagram Platform Policy, which can be viewed at: a href="https://www.instagram.com/about/legal/terms/api/">https://www.instagram.com/about/legal/terms/api/

 

  1. Content:
    1. Entrants agree that they are fully responsible for the content of the entry they submit (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law.
    2. 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 rights, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable- with respect to race, religion, origin or gender- or otherwise unsuitable for publication; (b) they will obtain full prior consent from any person who has jointly created, or has any rights in the Content, for the use of that Content and these terms and conditions;(c) the Content shall not contain viruses or cause injury or harm to any person or entity; and (d) 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. Without limiting any other terms herein, the Entrant indemnifies the Promoter for any breach of the above terms.

 

  1. Liability: Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 correspondence that is late, lost, altered, incomplete, incorrectly submitted, delayed, corrupted, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;(including but not limited to entrant error or omission, alteration, tampering, deletion, theft, destruction, transmission interruption or communications failure); or (d) any tax liability incurred by an Entrant.

 

  1. Privacy:
    1. The collection use and disclosure of personal information in connection with the promotion is governed by the Privacy Act 1988 (Cth). In order to conduct this promotion, the Promoter will collect personal information about each Entrant and may for this purpose, disclose such information to third parties associated with the promotion, including but not limited to its service providers, gift suppliers and regulatory authorities.
    2. Entrants information will be stored in the Promoters or its service providers database in order for the Promoter to manage the promotion, to contact the Entrant (if required) for future use of the entry and as may be required by law or these terms and conditions.
    3. The Promoter will not disclose the Entrants personal information to anybody else unless consent has been provided or as may authorised or required by law. The Promoters privacy policy describes when this might occur; see here: http://horticulture.com.au/privacy-policy/ .
    4. Entrants are not required by law to disclose this information however if they do not provide these details they may not participate in the promotion.
    5. Entrants may request access to the Entrants information at any time. To access or update the Entrants information, or for more details on the Promoter's privacy obligations, please contact the Privacy Officer at:

 

Email:  privacy@horticulture.com.au

Address: Privacy Officer, Level 7/141 Walker St, North Sydney NSW 2060

Telephone:  61 2 8295 2300

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