Terms & Conditions
Trade Promotions – Game of Chance – Pizza Night Giveaway Promotion)
- KEY TERMS
Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid
|Promoter||The Promoter is: Riviana Foods Pty Ltd of Level 1, Office Tower One, 1341 Dandenong Road, Chadstone VIC 3148.|
|Eligible Entrants||Entry is open to residents of Australia.Employees, contractors and their immediate families of the Promoter, any prize drawers and any related entities and any agencies associated with this promotion are ineligible to enter.|
|How to Enter||To enter, each entrant must, during the Promotional Period, access their own personal Instagram account and:1. FOLLOW @thelebaneseplate, @Toscano_authentic @alwaysfreshau & @muttipomodoroau; and2. COMMENT their favourite pizza topping & tag a friend in the comments of the competition post who LOVES pizza.|
|Limits on Entry||Each unique comment is a new entry.
Entries which in the reasonable opinion of the Promoter:(a) are received outside the Promotional Period;(b) contain defamatory, offensive or inappropriate content or infringe intellectual property rights;(c) are incomplete or indecipherable; or(d) do not otherwise comply with these terms,will be invalid and ineligible for any prize.
|Promotional Period||The promotion commences at 09:00 AEST on 01/12/2021 and closes at 17:00 AEST on 05/12/2021 (“Promotional Period”).|
|Draw Dates||The draw will take place at Level 1, Office Tower One, 1341 Dandenong Road, Chadstone VIC 3148. The first two valid entries randomly drawn will each win a prize. Winners announced in the comments section of the competition post on Monday 6th December 2021 at 6:30pm AEST.|
|Prize Details||There will be two winners and two prizes in total. Each prize consists of 1 pack Toscano Classic Pizza Bases, 1 jar Always Fresh black sliced olives, 1 Jar Mutti Pizza Sauce, 1 Jar Always Fresh Sundried Tomato Strips and 2 x Round House plates to a RRP value of $196. All prize values are correct as at 18/11/2021 and are in Australian Dollars, but to the extent permitted by law, no responsibility is accepted by the Promoter for any variation in the value of the prize after that time.|
|Prize Delivery||Prizes will be delivered to the winners within 28 days of the close of the Promotional Period. The prize will be delivered in Australia only.|
|Notification of Winners||Winners will be notified in writing via Instagram direct message within 2 days of the draw.The winner must accept the prize within 72 hours of receiving this message, by confirming their residential address, email or phone. The name of each winner (and their address if the winner is in SA) will be published on the Promotor’s Instagram competition post.|
|Second Chance Draw||If any prize is unclaimed or the winner drawn is not an eligible person for the purposes of these Terms and Conditions, a second chance draw will be held on 6 January 2021 at the same time and place as the first draw in order to distribute any unclaimed prizes. Winner will be notified in writing by direct message on Instagram within 2 days of the second chance draw. The winner must accept the prize within 72 hours of receiving this message by confirming their residential address, email or phone. The name of the winner (and their address if the winner is in SA) will be published on the Promoter’s Instagram competition post. If there is no prize winner or the prize winner cannot be located, this information will be published on the Promoter’s website.|
1 If consumers are required to upload a photograph to enter, entrants must adhere to the following conditions:
(a) by submitting a photograph, entrants agree to the photograph being made available for public viewing;
(b) all photographs are subject to the approval of the Promoter. The Promoter reserves the right to vet all entries at any time and reserves the right to request the removal of any entries from any Platform or such websites at any time in its absolute discretion. However, the Promoter is not responsible for any photographs uploaded to any Platform (as defined in clause 17) or website and visitors to the site view it at their own risk;
(c) entrants must own the copyright in the photograph uploaded or be entitled and have permission to use the photograph in the manner contemplated by these terms, including use of the photograph for promotional purposes in accordance with clause 16; and
(d) the entrant has the permission of each other person featured in the photograph, or, if any other person is under the age of 18, the permission of their parent or legal guardian, to enter the photograph in accordance with these terms and conditions, including consent to each condition in this clause 1.
2 If the winner of a prize is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
3 All ancillary costs including but not limited to insurance, taxes (excluding GST), meals, drinks, transport, transfers, spending money, fuel, oil and services costs, safety gear to comply with state and territory regulations, in-room charges and any and all other expenses incurred as a consequence of receiving the prize are the sole responsibility of the winner.
4 Prizes are not transferable and are not redeemable for cash. In particular, prizes may not, without the prior consent of the Promoter and any applicable third party supplier of the prize (“Supplier”), be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a prize is sold or used in breach of this condition, the Promoter or the Supplier may, at their absolute discretion, withdraw the prize(s). Where a prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered and if the prize is a ticket, the winner and any person who purchased or otherwise bears that ticket will be refused entry.
5 The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches, theft or destruction, any cause beyond the Promoter’s control, or unauthorised access to or alteration of the promotion. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion. Further, the Promoter at its sole discretion may recommence this promotion under the same conditions.
6 If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value, subject to any written directions from the various authorities.
7 All reasonable attempts will be made to contact the winners. If a winner does not claim their prize by the Second Chance Draw date, their entry will be deemed invalid and the Promoter may conduct the Second Chance Draw, subject to relevant regulatory authority instructions.
8 If an entrant’s contact details change at any time between the date which they enter the promotion and the Second Chance Draw date, that entrant must notify the Promoter of their correct contact details immediately.
9 The Promoter reserves the right to request verification of age, identity, residential address of winners and any other information from entrants relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, is in breach of these conditions, provides entries that are offensive or otherwise inappropriate in the sole opinion of the Promoter, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this promotion, or who has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
10 If consumers are required to purchase a product to enter, then it is a condition of the prize being awarded to the winner that the winner retains a clear copy of their original receipt and provides it to the Promoter as proof of a valid purchase to enter this promotion.
11 The Promoter shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using a prize or in relation to the promotion, except for any liability which cannot be excluded by law.
Any prize supplied by a third-party supplier is subject to the terms and conditions of that third-party supplier. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of any third party supplier or otherwise as a result of the winner accepting and/or using a prize (even if caused by negligence), except for any liability which cannot be excluded by law. Nothing in these 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).
12 If in the conduct of this Promotion, the Promoter is liable for a breach of any guarantee, warranty, condition or other terms that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any other commonwealth, state or territory law that cannot by law be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
13 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to the prize.
14 Before the prize is awarded, the winner and any other person(s) sharing the prize with the winner may be required to sign an agreement to release the Promoter from any liability arising from the use or participation in the prize.
15 Entrants consent to the Promoter using their name, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
16 Entrants confirm and promise that their entry is original and does not infringe the intellectual property rights of any third party. If the entry or any part of the entry is provided to the entrant by a third party, the entrants warrant that they have obtained the relevant copyright and other intellectual property rights permission to submit the entry for the purposes of this promotion. Further, entrants agree that the Promoter has an unrestricted, irrevocable, transferable, divisible right and license to use and modify their entry (including but not limited to amending, editing, selecting, cropping, retouching, adding to or deleting from any part of the submitted entry) for the purposes of the Promoter’s business including for promotional purposes without the payment of any further fee or compensation. If requested by the Promoter, the entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. Entrants agree to indemnify the Promoter, its associated agencies against all losses, damages, claims and costs by third parties arising out of, connected to or resulting from a breach of the warranty set out in this condition.
17 If entry is via Facebook, Twitter or Instagram, “Platform” means Facebook, Twitter or Instagram as applicable.
Entrants acknowledge that use of the Platform is subject to the terms and conditions of that Platform. The Promoter is not responsible or liable for any loss, damage or injury suffered by any entrant as a result of the conduct of any of the Platforms, including the decision of any Platform to remove or not remove any photographs, except for liability which cannot be excluded by law.
In particular, the thoughts and views expressed on each of the Platforms, are only the thoughts and views of the individual that posted them. They are not representative of the opinions of the Promoter, nor does the Promoter confirm, guarantee or warrant the accuracy, completeness or usefulness of any post. This promotion is in no way sponsored, endorsed or administered by or associated with any Platform. It is a condition of entry that each entrant grants a complete release to Facebook and Instagram from any claims that they now have or may have in the future which relate to or are incidental to this promotion.
19 Any dispute relating to this promotion must, prior to a person initiating litigation, be dealt with as follows. The affected person (“Complainant”) will notify the Promoter of the details of the dispute in writing and within 14 days of receiving this notice, the Complainant and a representative of the Promoter will meet by videoconference to attempt to resolve the dispute. If unresolved within 30 days after that meeting, the dispute will be escalated to a more senior manager not directly involved in the promotion, who will investigate the dispute and meet by videoconference with the Complainant to further attempt to resolve the dispute. If still unresolved within a further 14 days of being escalated, then the senior manager will make a final and binding decision subject to any legal proceedings initiated by the Complainant.
20 These conditions are governed by the laws of New South Wales.
21 The Promoter is Riviana Foods Pty Ltd of Level 1, Office Tower One, 1341 Dandenong Road, Chadstone VIC 3148.