Terms and Conditions: Celery Crunch Time Competition

  1. This competition (hereinafter the “Competition”) is run by A&G Lamattina & Sons PTY Ltd (ABN: ) of 125 Browns Road, Boneo VIC 3939 (“Lamattina”) (03) 5988 2600

 

  1. By entering this Competition, you agree to these terms and conditions which will be binding between you and Lamattina. Your participation in the Competition is in consideration for Lamattina allowing you to enter it and giving you the opportunity to win.

 

  1. No purchase is necessary in order to enter the Competition. There is no fee charged to enter into this Competition other than the cost of you accessing the Internet which you would otherwise have. Cost of accessing the internet vary and depend on your Internet service provider and plan.

 

  1. You must be aged 18 years or over and a resident of Australia to be eligible to enter. Employees of Lamattina and their immediate families, any business partner associated with the running of this Competition or any of their group companies are not eligible to enter or participate. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

 

  1. The Competition commences on Friday, 1 September 2017 at 12pm AEST and concludes on Friday, 6 October 2017 and 5pm AEST (“Competition Period”).

 

Entrants may submit five (5) entries to the Competition within the entire Competition Period. Any entries submitted outside of the Competition Period will be deemed invalid and ineligible to enter the Competition. The Competition Period will be divided into five (5) periods (each a “Period”), with five (5) Prizes to be given away in each Period, as follows:

  • Period 1 – Friday, 1 September 2017 at 12:00pm AEST – Friday, 8 September 2017 at 11:59am AEST
  • Period 2 – Friday, 8 September 2017 AEST at 12:00pm – Friday, 15 September 2017 at 11:59am AEST
  • Period 3 – Friday, 15 September 2017 AEST at 12:00pm – Friday, 22 September 2017 at 11:59am AEST
  • Period 4 – Friday, 22 September 2017 AEST at 12:00pm – Friday, 29 September 2017 at 11:59am AEST
  • Period 5 – Friday, 29 September 2017 AEST at 12:00pm – Friday, 6 October 2017 at 5pm AEST

 

  1. In order to enter the Competition, entrants must complete the following steps during the

Competition Period:

(a) Post a photo on Instagram using #yourcrunchtime visibly featuring a Lamattina 90g Snackin’ Stix pack and their favourite celery dip.

(b) Tag @lamattinacelery + one (1) friend in the post.

 

  1. Each entrant warrants to Lamattina that each post and any other contents submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.

 

  1. There will be a total of five (5) winners in each Period (as per clause 5). Nominated winners of Period 1,2,3,4 & 5 will each receive one (1) WISH eGift Card with a pre-loaded value of $250.

 

  1. Any images used to promote the Prizes are for information only. There is no cash alternative instead of the Prize. The Prizes are not transferable or exchangeable.

 

  1. The winners of the Prize for each Period will be selected by a panel of representatives from Lamattina (“Panel”). At the end of each Period, the Panel will select five (5) Winners for that Period, from the entries received during the Competition Period in accordance with clause 5. The Winners for each Period will be the entries determined by the Panel to be the best, based on the creativity of the photo and following all steps outlined in clause 6.

 

The Panel’s decision is final and binding and no correspondence will be entered into. The five (5) Winners of each Period will be announced on the Lamattina Celery Facebook Page (https://www.facebook.com/lamattinacelery) and Instagram page (https://www.instagram.com/lamattinacelery) once a day between Monday – Friday of the following Period. Each Winner will be contacted via Instagram private message and their details, including their name and location, may also be posted elsewhere online, at Lamattina’s discretion. Every reasonable effort will be made to contact the Winner via Instagram. If a Winner does not respond to Lamattina as instructed in their notification message within a week from which they were notified, the Prize will revert to Lamattina and may be awarded to the next best eligible entrant who satisfies the Competition requirements.

 

  1. By participating in the Competition, each entrant consents to Lamattina collecting and processing the personal information they submit to Lamattina, for the purpose of administering the Competition. Lamattina will only share personal information with third parties, such as service providers and suppliers, as is necessary and for the sole purpose of administering the Competition. Entry is conditional on providing the requested personal information. All entries become the property of Lamattina.

 

  1. Except as otherwise required by applicable law, Lamattina is not responsible for any loss or damage associated with an entrant entering into this Competition, the conduct of the Competition or the provision or otherwise of any aspect of any Prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.

 

  1. Subject to any applicable laws, Lamattina may terminate these terms and conditions, the

Competition or any Prize if an entrant does not comply with any of these terms and conditions or are unlikely to do so, if Lamattina decides in its absolute discretion to withdraw the Competition before any winners are notified, or thereafter if any circumstances beyond Lamattina’s reasonable control prevent or restrict Lamattina or any other person or party from providing the Prize or any aspect of the Prize.

 

  1. An entrant may not assign or transfer their rights or obligations, or subcontract their obligations, under these terms and conditions, such as giving a Prize to anyone else, without Lamattina’s prior written consent. Lamattina may assign or transfer its rights or obligations, or subcontract its obligations, under these terms and conditions without an entrant’s consent.

 

  1. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.

 

  1. These terms and conditions and all matters arising from or in connection with them are governed by the laws of Victoria, Australia and the Victoria courts will have exclusive jurisdiction in the event of any such dispute.

 

  1. Entry and continued participation in the Competition is dependent on entrants following and acting in accordance with Instagram’s Terms of Use and Statement of Rights and Responsibilities, which can be viewed at https://help.instagram.com/478745558852511

 

This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram/Facebook. Entrants understand that they are providing their information to Lamattina and not to Instagram/Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Competition must be directed to Lamattina and not to Instagram/Facebook. Instagram/Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Competition (including taking/use of a prize), except for any liability which cannot be excluded by law.

 

  1. If this Competition 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 Lamattina, including but not limited to technical difficulties, unauthorised intervention or fraud, Lamattina reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition, as appropriate.

 

  1. Incomplete or indecipherable entries and entries that do not comply in full with these Terms and Conditions will be disqualified.

 

  1. Lamattina 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 reserves the right, in its sole discretion, to disqualify any individual who Lamattina has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at Lamattina’s discretion. Failure by Lamattina to enforce any of its rights at any stage does not constitute a waiver of those rights. Lamattina’s legal rights to recover damages or other compensation from such an offender are reserved.

 

  1. If there is a dispute as to the identity of an entrant, Lamattina reserves the right, in its sole discretion, to determine the identity of the entrant.

 

  1. Lamattina reserves the right to substitute the Prize (or any part thereof) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. If a winner does not claim a Prize by the time specified by Lamattina, the Prize will be forfeited.

 

  1. Any cost associated with accessing Instagram is the entrant’s responsibility and is dependent on the Internet service provider used.

 

  1. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Lamattina (including its respective 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 Competition.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Lamattina (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under Lamattina’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Lamattina) due to any reason beyond the

reasonable control of Lamattina; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in a Prize.

 

  1. Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to responses to the promotional question (“Content”). Lamattina shall not be liable in any way for such Content to the full extent permitted by law. Lamattina may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that Lamattina 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;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) the Content is the original work of the entrant that does not infringe the rights of any third party;

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

(f) 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 agrees to indemnify Lamattina for any breach of the above terms.

 

  1. As a condition of entering this Competition, each entrant licenses and grants Lamattina, 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

 

  1. Entrants consent to Lamattina using their 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 Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Lamattina.