How Does Your Garden Grow T&Cs
How Does Your Garden Grow – Terms & Conditions
The promoter of the “How Does Your Garden Grow” Instagram competition (Competition) is Sovereign Hills Sales Pty Ltd (ABN 42 001 110 345) (Promoter).
The Competition commences on 4 July 2018 and ends on 31 July 2018 (Entry Period).
By participating in the Competition, entrants accept and agree to be bound by these official terms (Rules) and the decisions of the Promoter, which are final, binding, and conclusive on all matters relating to the Competition.
1.1 Eligible Entrants To enter the Competition, an entrant must:
(a) be a resident of the Hastings Region;
(b) be at least 18 years of age as at the date of entry; and
(c) comply with the ‘How to Enter’ instructions set out in rule 2
(d) comply with the entry conditions set out in rule 3, (Eligible Entrant).
You are not eligible to enter the Competition if you are:
(a) an employee, agent, representative, officer or director of:
(i) the Promoter; or
(ii) the Promoter’s agents, shareholders, affiliates, subsidiaries, promotional and advertising agencies, sponsors, or suppliers of prizes, materials or services related to the Competition (Related Parties).
The Promoter reserves the right, at any time, to verify the validity of entries (including verifying an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Rules, who is engaged in unlawful or other misconduct which jeopardises the fair and proper conduct of the Competition or who tampers with the entry process. The Promoter’s legal rights to recover damages or other compensation from such a person are reserved.
2. HOW TO ENTER
2.1 Entry process
(a) No purchase is necessary to enter the Competition.
(b) To participate in the Competition, entrants must take a photo from their garden of a plant they have grown (Entry Photo).
(c) Entrants must 1/ ‘FOLLOW’ the @sovereignhillsportmacquarie page and 2/ ‘TAG’ their Entry Photo uploaded to their personal Instagram account with @sovereignhillsportmacquarie (Entry).
(d) Entrants must ensure their Instagram profiles are set to public so the Promoter has access to the Entry.
(e) Entries made by direct reply to this Terms & Conditions page and not posted on Instagram will not be accepted.
(f) The Promoter will not consider any Entry received after the expiry of the Entry Period.
(g) The date the Promoter is taken to have received an Entry is the date of the date stamp applied by Instagram to that Entry.
3. ENTRY CONDITIONS
(a) Each entrant to the Competition must comply with the following conditions:
(i) each Entry must be complete, legible, and contain the required information as set out in rule 2.1;
(ii) an Entry must not contain any obscene, offensive or defamatory content; and
(iii) all Entries become the property of the Promoter.
(b) By uploading an Entry, an entrant warrants that he or she owns the copyright in the Entry or is otherwise permitted to upload the Entry, and that he or she has all necessary permissions, rights and/or licences covering his or her use of material included in such Entry. Each entrant agrees to indemnify and hold harmless the Promoter, and to keep the Promoter fully indemnified, for any loss, cost or expense that may be incurred or sustained by the Promoter as a result of any breach by an entrant of the warranty in this rule 3.1(b).
(c) By uploading an Entry, an entrant grants to the Promoter a perpetual, worldwide, non-exclusive, royalty-free right and licence to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and/or profit from the photo in any manner or media without the entrant’s consent.
4. SELECTION OF WINNER
(a) The winner will be the Eligible Entrant whose Entry is judged by the Promoter, based on the creativity and originality of the entry, to be the most artistic Entry Photo submitted (Winner).
(b) There will be 4 minor prize Winners and 1 major prize Winner.
(c) The Competition is a game of skill. Chance plays no part in determining the Winner. Each Entry will be judged individually on its creative merit. The Promoter’s decision is final and binding and no correspondence will be entered into. In the event that two or more Entries are identical, and the Entry is chosen as the Winner, the Prize will be awarded to the entrant who Entry appears first in time on the Promoter’s Instagram page.
(d) The 4 minor prize winners be announced at 12:00pm (AEST) on the following dates; Tuesday 12 June, Tuesday 19 June, Tuesday 26 June and Tuesday 3 July. The 1 major prize winner will be announced at 12:00pm (AEST) on Tuesday 10 July 2018.
(a) There will be 4 minor prizes (Minor Prize) and 1 major prize (Major Prize) available to be won.
(b) The Minor Prizes will consist of:
(i) a $25 Gift Voucher to the Stirling Green Café x 4, located at Gillman way & Sovereign Drive, Port Macquarie NSW 2444.
(C) The Major Prize will consist of:
(i) a $250 Gift Voucher to Bonny Hills Garden Centre, located at 1055 Ocean Dr, Bonny Hills NSW 2445.
The following conditions apply to the Prize:
(a) the Prize is not transferable, exchangeable or redeemable for cash;
(b) the Promoter reserves the right to, for any reason, substitute the Prize or any component of the Prize for any reason with a prize or a prize component of equal or greater value;
(c) any fees, costs, expenses, charges or taxes incurred by the Winner in connection with the Prize are the responsibility of the Winner; and
(d) the Minor Prize and Major Prize must be collected from the Sovereign Hills Land Sales Centre, located at Cnr Sovereign Drive & Gillman Way, Port Macquarie, NSW, 2444
(e) any Prize represented in promotional materials is for illustration purposes only and may not be the exact item(s) offered as the Prize.
(f) the Promoter will not be responsible for providing transportation to and from prize locations. Winners must provide their own mode of transport if required.
5.3 Contacting the Winner
(a) The Winner will be notified through the tagging of the winners Instagram handle on the image posted on the @sovereignhillsportmacquarie page on Tuesday 12 June, Tuesday 19 June, Tuesday 26 June, Tuesday 3 July and Tuesday 10 July 2018.
(b) The Winner will then need to provide his or her email address, proof of identification and age, contact phone number and home address to the Promoter by direct message via Instagram from the Winner’s handle to the Promoter via the Sovereign Hills Port Macquarie handle. Further details will then be provided by the Promoter regarding claiming the Prize.
5.4 Forfeit of Prize
(a) If the Winner:
(i) does not respond within 48 hours following the first attempt of contact by the Promoter in accordance with rule 5.3(a);
(ii) declines the Prize; or
(iii) fails to otherwise comply with any of the terms and conditions of these Rules, the Winner forfeits the Prize and the Promoter will award the Prize to the Eligible Entrant whose Entry is judged, on the basis of the creativity and originality of the Entry, to be the next most creative Entry.
(b) If the Winner forfeits the Prize in the manner described in rule 5.4(a), the Promoter will be fully and completely released and discharged from any liability or responsibility in connection with that Winner’s entitlement to the Prize.
(c) The Promotor will apply the procedure described in rule 5.4 until a qualified Prize winner has been selected.
5.5 Contacting the Winner
(a) The Promoter will contact the Winner using the phone number and/or e-mail address provided in accordance with rule 5.3(b). The Prize will be awarded only to the individual entrant identified in the Winner’s Entry.
(b) The Promoter will notify the Winner of the manner in which he or she will be awarded the Prize. The Promoter reserves the right to determine how delivery of the Prize will occur.
6. PERSONAL INFORMATION
(a) For the purposes of the Competition, and, where appropriate, awarding the Prize, the Promoter will collect personal information, including the name, date of birth and Instagram handle of each entrant. If the personal information requested is not provided, the person who submits the Entry may not participate in the Competition. Entrants should direct any request to access, update or correct information to the Promoter via email to email@example.com.
(b) Each entrant agrees that, subject to the Privacy Act 1988 (Cth), the Promoter or its Related Parties may do the following:
(i) collect, store, use, share, transfer and disclose personal information submitted with each Entry for the purpose of administering the Competition, including contacting, announcing and promoting the Winner;
(ii) transfer an entrant’s personal information to other countries, including New Zealand, for data processing and servicing;
(iii) for an indefinite period, unless otherwise advised and subject to receiving the consent of the relevant entrant, use an entrant’s personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant; and
(iv) publish the Winner’s name and use the Winner’s personal information, any photograph, image or other likenesses, any statements he or she makes regarding the Competition, the prize or the Promoter’s products, and any other information contained in the Winner’s Entry in any media for publicity purposes associated with this promotion without any further payment or other compensation.
7. GENERAL CONDITIONS
7.1 Verification of Entries
(a) Entries are subject to verification by the Promoter. An Entry that is illegible, incomplete, fraudulent, copied, received late or is otherwise non-compliant will be rejected and will not entitle the entrant to participate in the Competition or to win the Prize, as the case may be.
(b) An entrant is not the Winner until the verification process is complete, and it is determined that he or she has complied with all terms of these Rules.
7.2 Competition administered by the Promoter
This Competition is run by the Promoter and is in no way sponsored, endorsed or administered by, or associated with, Twitter, Facebook or Instagram. Each entrant is providing his or her information to the Promoter and not to Instagram.
7.3 Conduct of the Competition
The Promoter reserves its right to reject an Entry and apply for legal or equitable relief if there is an attempt by an entrant to deliberately damage the Competition or the Promoter’s official social media website or to sabotage the legitimate conduct of this Competition.
Any person entering this Competition or trying to do so by any means which go against the intention of, or are determined to be in abuse of, these Rules and which would be unfair to the other participants will be automatically disqualified and the Promoter reserves the right to seek remedies and damages to the fullest extent permitted by law.
7.5 Limitation of liability
Except for any liability that cannot be excluded by law, the Promoter, its Related Parties and their respective employees, agents, representatives, officers and directors exclude 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, 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 Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in Prize value to that stated in these Rules;
(e) any tax liability incurred by the Winner or entrant; or
(f) use of the Prize.
The entrant hereby agrees to indemnify and keep indemnified the Promoter, its Related Parties and their respective employees, agents, representatives, officers and directors in respect of all claims and liability arising in relation to the Competition.
7.7 Acceptance of Prize
The Prize must be accepted as described in these Rules.
7.8 Number of Prizes
In all cases, the Promoter, its Related Parties and their respective employees, agents and representatives cannot be required to award more prizes than the number indicated in these Rules or to award prizes other than in accordance with these Rules.
7.9 Applicable law
The laws of New South Wales apply to the Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the Courts of New South Wales.
7.10 Entrant’s identity
For the purposes of these Rules, the entrant is the person whose Instagram account the Entry Photo is posted to.
(a) The Promoter may, in its discretion, void any Entry and/or withdraw, amend or terminate the Competition at any time for any reason without prior notice, subject to the laws of New South Wales.
(b) If for any reason the Competition is not capable of running as planned, whether caused by infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other cause beyond the Promoter’s control that corrupts or affects the administration, security, fairness or integrity of the Competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition.
7.12 Decisions of the Promoter
Any decision of the Promoter regarding any aspect of this Competition, including, without being limited to, the eligibility, Prize attribution and/or disqualification of Entries, will be final and without appeal. The Promoter reserves the right to modify these Rules.
7.13 Successors bound
These Rules will be binding upon the heirs, executors, administrators and personal representatives of the entrants.
7.14 Intellectual property
All intellectual property produced in relation to the Competition, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, drawings, illustrations, slogans and representations are owned by the Promoter and/or its affiliates. All rights are reserved. Unauthorised copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
By entering the Competition, entrants agree to have their Entry displayed on the Promoter’s website, Twitter and Facebook pages and used by the Promoter for any purpose regarding the Competition and for publicity purposes of the Promoter and its products at any time, without any fee or other form of compensation.
(a) In the event of any discrepancy or inconsistency between these Rules and disclosures or other statements contained in any Competition-related materials, including but not limited to the Promoter’s social media, or point of sale, television, print or online advertising these Rules will prevail.
(b) If any section of these Rules is declared or ruled to be illegal, unenforceable or void by a competent Court, then that section in question will be void, but all other sections not affected will be applied within the limitations of the law.
7.17 Rules and names of winner
A copy of these Rules and the name of the Winner may be obtained by submitting a written request to firstname.lastname@example.org.