2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this Competition, these Terms and Conditions prevail.
3. The Competition commences at 9:00am Australian East Standard Time (AEDT) on the first day of the relevant month when a review is received into the review database, and ends at 11:59pm AEDT on the final day of next month, running for a total of 2 calendar months (Promotion Periods). There are 5 valid promotion periods including:
a. 01/12/2021 – 31/01/2022
b. 01/02/2022 – 31/03/2022
c. 01/04/2022 – 31/05/2022
d. 01/06/2022 – 31/07/2022
e. 01/08/2022 – 31/09/2022
Entries submitted and received by the Promoter after this time will not be accepted. The time of entry will in each case be the time which the online entry is received by the Promoter’s database, not the time of transmission by the entrant.
4. The Competition is open to Australian residents aged 16 years and over who enter during the Promotion Period.
5. Employees and contractors (and their immediate families) of HERITAGE BRANDS (AUSTRALIA) PTY LTD ABN 62111665439 (Promoter or we) their subsidiaries and the agencies associated with this Competition are ineligible to enter. Immediate family means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew, sibling or first cousin.
6. To enter the Competition, eligible entrants must, during the Promotion Period:
a. log onto the Bazaarvoice system on www.oilgarden.com.au
b. submit a valid Rating/Review about a product currently sold by the Promoter; and
c. register their details including (but not limited to) full name, address, post code, telephone number and e-mail address.
7. Entrants may enter the Competition multiple times during the Promotion Period. Each entry must be a unique valid Rating/Review about a product currently sold by the Promoter.
8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and proof of purchase), and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions or who otherwise tampers with the entry process. Manifest errors and omissions may be accepted 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.
9. Incomplete, indecipherable or illegible entries will be deemed invalid at the Promoter’s absolute discretion. The Promoter accepts no responsibility for any incorrect, incomplete, lost, late or misdirected entries.
10. If there is a dispute as to the identity or details of any entrant, the Promoter reserves the right to determine, at its sole discretion, the identity or details of that entrant.
11. The Promoter’s decision is final and no correspondence or communication will be entered into in relation to such decision or associated process.
12. There will be 1 winner of the prize for each promotional period. This Competition is a game of skill and entrants are required to demonstrate skill, talent, creativity and/or imagination in their answer in order to compete. The winner will be determined by a judging panel at the offices of the Promoter, located at 30 Bando Road Springvale, Victoria, 3121, Australia, on the 3rd day of the month. The Promoter reserves the right, at its discretion, to draw additional valid reserve entries and record them in order in the case of an invalid entry or where an ineligible entrant is drawn.
13. The winner will be notified by email. The winner’s name and the winning entry may be published on the Promoter’s social media platforms, and in any other Promotional Material the Promoter deems relevant. Entrants consent to their details and entry being published in these circumstances.
14. The prize must be redeemed within 10 days of the winner’s announcement and redemption is subject to product availability. If a winner does not claim their prize within the prescribed time, then they will forfeit their prize and the prize will be awarded to the next eligible entry submitted in accordance with these Terms and Conditions.
15. The total prize pool value for the entire Competition Period from 1 October 2020 to 31 July 2021 is AUD $1000 (inclusive of GST). The winners will receive an Oil Garden voucher valued at AUD $200 (inclusive of GST).
16. Prize values are based on the recommended retail prices as at 1st October 2020. The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. If, for any reason, any of the specified prizes (or any part of them) are unavailable or out of stock, the Promoter reserves the right to replace them with something of similar value and/or specification.
17. Independent financial advice should be sought, as tax implications may arise as a result of accepting the prize.
18. Prizes, or any unused portion of a prize, or any part thereof, are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent. Prizes must be taken as offered and cannot be varied.
19. It is a condition of accepting the prizes that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
20. The prize will be delivered to the nominated mailing address of the winner to any State/Territory and/or city/suburb in Australia.
21. Entrants agree that they are fully responsible for the entry which they submit, including any entry content (such as text, images, photos and videos) and any accompanying comments (Submission). The Promoter shall not be liable in any way for such Submission to the fullest extent permitted by law. The Promoter may remove any Submission without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter could reasonably deem to be 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) they will obtain prior written consent from any person that appears or is personally identifiable in their Submission; (c) they will obtain full prior written consent from any person who has jointly created or has any rights in the Submission to the uses and terms herein; (d) their Submission does not contain viruses and will not cause injury or harm to any person or entity; and (e) 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.
22. Entrants consent to the Promoter using the entrant’s name and likeness in any media for an unlimited period without remuneration for the purposes of promoting this Competition (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter and their related bodies corporate.
24. Any cost associated with accessing the promotional website situated at www.oilgarden.com.au is the entrant’s sole responsibility and is dependent on the Internet service provider used. The Promoter accepts no responsibility for entrants’ use (or attempted use) of the website. Entrants are also required at all times to agree to, and comply with, any terms and conditions imposed by the Bazaarvoice system.
25. If, for any reason, this Competition is not capable of running as planned, including, but not limited to, as a result of tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right, at its sole discretion: (a) to disqualify any entrant who tampers with the entry process; or (b) to cancel, terminate, modify or suspend the Competition, as appropriate. 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 the Promoter, the Promoter also reserves the right, at its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to cancel, terminate, modify or suspend the Competition, as appropriate.
26. The Promoter does not exclude any rights or remedies in respect of goods or services which cannot be excluded, restricted or modified by law. However, to the fullest extent permitted by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence) for any personal injury or any loss or damage (including for loss of opportunity, business, goodwill or profits), 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 cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise);
d. any variation in prize value or specification to that stated or referred to in these Terms and Conditions;
e. any tax liability or similar charge incurred by the winner; or
f. use of a prize by the winner.
27. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or any other event beyond its control and, in these circumstances, the Promoter may, at its absolute discretion, cancel the Competition (without liability) and, if it elects to do so, recommence it from the start on the same conditions.
28. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms, conditions or warranties.
29. All entries become the property of the Promoter (including any intellectual property rights comprised therein). All opt-in entries will be entered into a database and the Promoter may use the entrants’ names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid, unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter via the details set out below. Any request to update, modify or delete the entrant’s details should also be directed to the Promoter.
30. The Promoter is HERITAGE BRANDS (AUSTRALIA) PTY LTD ABN 62111665439 of 30 Bando Road Springvale, Victoria, 3171, Australia.
If you have any questions regarding these Terms and Conditions, the Promoter may be contacted by email at email@example.com or by telephone on 1300 650 981.