TERMS AND CONDITIONS

Transcription

1 DILMAH REAL HIGH TEA CONSUMER CHALLENGE PROMOTION TERMS AND CONDITIONS 1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. ELIGIBILITY 2. Entry is only open to Australian residents. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion, and individuals who are professional employees in the hospitality industry and who work in hospitality venues, are ineligible to enter. Entrants must not be deriving any income from any hospitality industry (including but not limited to casual part time or full time). Winners of the major prize from previous Real High Consumer Challenges are ineligible to enter. The Promoter reserves the right, in its sole discretion, to determine eligiblity of entrants. 3. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. 4. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. PROMOTIONAL PERIOD 5. Promotion commences at 12:01am AEDST on 14 March 2013 and closes at midnight AEST on 20 May 2013 (Promotional Period). HOW TO ENTER 6. To be eligible to enter, individuals must, during the Promotional Period, purchase a Dilmah Premium, Extra Strength, Earl Gray, English Breakfast or Pure Green Tea (100, 200 or 300 teabag pack) from a participating store nationally (Eligible Purchase). A participating store is any store that sells the eligible Dilmah teabag packs in Australia. 7. To enter, individuals must then, during the Promotional Period, visit the website, follow the prompts to the consumer promotion page and complete and submit the online entry form, including a scanned copy/photograph of the official receipt of the Eligible Purchase, and the following.

2 a. One (1) Real High Tea Pairing : i. Entrants are required create a tea-food combination by matching one (1) Dilmah tea to any one (1) food item and providing the inspiration or rationale, and full brewing and preparation instructions for the tea (Real High Tea Pairing). Food item must not be tea based, and the Dilmah tea must be a tea and not a herbal infusion such as peppermint or chamomile. Entrants must upload their Real High Tea Pairing, and (optional) one (1) photograph of the Real High Tea Pairing (photographs can be in any digital format and should be under 5MBs in size each); AND b. one (1) Real High Tea Recipe : i. Entrants are required create an original tea infused recipe which must include at least one (1) Dilmah tea as a key ingredient (Real High Tea Recipe). The Real High Tea Recipe can be either a tea infused food item or a chilled tea mocktail. The recipe must include an inspiration or rationale. Entrants must upload their Real High Tea Recipe, one (1) photograph of the Real High Tea Recipe (photograph can be in any digital format and should be under 5MBs in size). 8. Incomplete, indecipherable, or illegible entries will be deemed invalid. 9. Only one (1) entry permitted per person. Entrants must submit their own individual entry couple, group or team entries are not permitted. 10. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 11. Any cost associated with accessing the promotional website is the entrant s responsibility and is dependent on the Internet service provider used. 12. The Promoter 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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. 13. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the Real High Tea Pairing and Real High Tea Recipe creations, with emphasis on presentation, respect for tea, creativity, brewing methodology, and use of local produce, which supports sustainability. 14. The Promoter s decision is final and no correspondence will be entered into. The Promoter and judges reserve the right to select additional reserve entries 2

3 which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant, or if an entrant notifies the Promoter, in writing, that they do not wish to accept a prize. 15. Entrants must retain their original purchase receipt for their entry as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant s entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry. SHORTLISTED ENTRANTS 16. Entries will be divided into the following State/Territory groups: NSW/ACT, VIC/TAS, SA/NT, QLD and WA (Groups Groups). 17. The judges, in their sole discretion, will determine the best valid and correct shortlisted entries from each Group, as follows: WA Group: up to six (6) shortlisted entries; SA/NT Group: up to six (6) shortlisted entries; QLD Group: up to six (6) shortlisted entries; VIC/TAS Group: up to twelve (12) shortlisted entries; and NSW/ACT Group: up to twelve (12) shortlisted entries, (Shortlisted Entries) Entrants of the Shortlisted Entries (Shortlisted Entrants) will be notified by telephone and in writing. 18. Shortlisted Entrants will be provided with the opportunity to participate in a Live Presentation in their Group (Presentation Prize). Live Presentations will take place as follows: WA Group: 3 June West Coast Academy of Hospitality and Tourism, Perth; SA/NT Group: 5 June Adelaide TAFE (SA Regency Park); VIC/TAS Group: 11 June William Angliss College Melbourne, Melbourne; QLD Group: 14 June Brisbane TAFE (North Brisbane); NSW/ACT Group: 17 June Sydney TAFE - NSW Northern Sydney Institute Ryde. 19. IMPORTANT: For the avoidance of doubt, a Presentation Prize does NOT include airfares and/or transport to and from a Live Presentation, and Shortlisted Entrants must make their own way to a Live Presentation. Spending money, meals, insurance, items of a personal nature and all other ancillary costs are not included. A Presentation Prize must be taken on the date nominated by Promoter to coincide with the relevant Live Presentation, or will be forfeited. 3

4 20. Shortlisted Entrants will be required to prepare and present their Real High Tea Pairing and Real High Tea Recipe at a Live Presentation. It is the sole responsibility of Shortlisted Entrants to provide all ingredients required to prepare and present their Real High Tea Pairing and Real High Tea Recipe at a Live Presentation, with the exception of the Dilmah teas, which will be provided by the Promoter. The food items for the Real High Tea Pairing and the Real High Tea Recipe must be pre-prepared and brought to the Live Presentation. Kitchen facilities will be available for chilling, heating and plating, and an ice making machine will be available. 21. Each Shortlisted Entrant will be permitted to nominate one (1) individual to assist them with set-up during a Live Presentation (Assistant Assistant). For the avoidance of doubt, Assistants will not be eligible to win any prizes, and are only there to assist Shortlisted Entrants with set-up. 22. Full details and specifications for participation in the Live Presentations and use of Assistants will be provided to Shortlisted Entrants. 23. At the end of each Live Presentation, the Shortlisted Entrants will be judged on a points scale and rated Bronze, Silver or Gold, as determined by the judges, in their sole discretion. 24. Gold Prize: Each Gold rated Shortlisted Entrant in each Group will win a 12- slot Dilmah tea timber tea presenter and a Noritake teaset, valued at $ All other Shortlisted Entrants in each Group will win a 6-slot Dilmah tea timber tea presenter, valued at $ MAJOR PRIZE 25. The best Gold rated Shortlisted Entrant, selected from all of the five (5) State/Territory Groups, as determined by the judges, will win a trip for two (2) people to Colombo, Sri Lanka, valued at up to AU$ $12,000.00, depending on point of departure (Major Prize). Major Prize includes return economy airfares from the Major Prize winner's nearest Australian capital city, four (4) nights twin share accommodation at the restored tea plantation bungalows in the Dilmah Tea Trails in Sri Lanka with butler service and English Breakfast, lunch, afternoon tea and dinner daily, two (2) nights twin share accommodation at the Colombo Hilton and return transfers. Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, items of a personal nature, in-room charges and all other ancillary costs are not included in the Major Prize. 26. The Major Prize must be taken on the dates determined by the Promoter, in its absolute discretion. 27. Major Prize itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. The Major Prize winner and companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel 4

5 documentation. The Major Prize winner may be required to present credit card details at the time of accommodation check in as part of the hotel regulations for miscellaneous expenditure not covered by the Major Prize. GENERAL 28. The prizes are subject to the venue and ticket terms and conditions, including any applicable age restrictions. The Promoter and organizers hereby expressly reserve the right to eject any prize winner and/or their companion for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. 29. If for any reason a prize winner does not take a prize (or an element of a prize) at the time and date stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. 30. If a prize winner is under the age of 18 years, the prize will be awarded to the prize winner's nominated parent or guardian, on behalf of the entrant. During the entire duration of a prize, a nominated parent/guardian must accompany any person under 18 years of age. 31. As a condition of accepting a prize, a prize winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 32. Prizes are subject to the standard terms and conditions of individual prize and service providers. 33. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value, as appropriate. 34. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, as appropriate. 35. When an entrant submits any materials via the promotion including comments, recordings, their Real High Tea Pairing and Real High Tea Recipe, photographs, Rationales and other images (Content Content), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. 5

6 Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove 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 the Promoter 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) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or 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. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms. 36. Entrants consent to the Promoter using the entrant's 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 37. 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 technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to: (a) disqualify any entrant; or (b) modify, suspend, terminate or cancel the promotion, as appropriate. 38. Nothing in these Terms and Conditions limit, exclude or modify 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 State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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 promotion. 39. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability 6

7 (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 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 Terms and Conditions; (e) if a Live Presentation or Event is cancelled or delayed for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) participation in a Live Presentation or Event/ use of a prize. 40. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. 41. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia. 42. The Promoter is Dilmah (Australia) Pty Ltd (ABN ) of Units 1 & 2, 12 Compark Circuit, Mulgrave VIC