TERMS AND CONDITIONS

These Terms & Conditions of Entry contain important information you need to know about your entry and the Promotion generally. Make sure you read these Terms & Conditions of Entry carefully.

Information about how to enter and the prizes form part of these Terms & Conditions of Entry. If you choose to participate in this Promotion, then you agree that these Terms & Conditions of Entry apply to your entry.

Brancourts Facebook/Instagram Giveaway (Promotion).

The Promoter is Brancourt Dairy Australia Pty (ABN 66 108 561 548) whose registered office is at 189 Maitland Road, Hexham NSW 2322 (we, our, us, Promoter).

The Promotion starts at 5pm 1st May 2023 AEST and closes 11:59pm 31st July 2023 AEST (Promotion Period). No entries will be accepted after this time.

Entry is open to Australian residents aged 13 years or older as at the commencement of the Promotion, who are currently residing in Australia. If you are under 18 years of age, you must have permission from your parent or guardian to enter and if you win, the prize may be awarded to your parent/guardian. Employees of our company and its subsidiaries (and their immediate families) and the employees of any agencies or individuals associated with this Promotion are ineligible to enter. When we say ‘immediate families’ we mean spouse (whether married or de facto), child, parent, grandparent, uncle, aunt, sibling, niece, nephew or cousin.

To enter, individuals must show us how they make their meals ‘Better with Brancourts’. This can be done using photos, reels, or videos. Entrants must tag #BETTERWITHBRANCOURTS and #BETTERWITHCHEFTOM, and follow the @BrancourtsDairy Instagram or Facebook account for a chance to win.

Entrants can only enter in their own individual capacity and from a social media account that they hold in their own name. Entering under a false name/s may invalidate all entries. Multiple entries under different names may also invalidate all entries at the Promoter’s discretion. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.

You can enter as many times as you like provided each entry is submitted separately in accordance with these Conditions of Entry.

Entries must be received during the Promotion Period and in accordance with these Terms & Conditions of Entry. Entries will not be accepted in any other way or form or at any other time. Your entry is deemed to have been received when we actually receive it (not when you sent it). Incomplete and ineligible entries will be deemed invalid. We’ll also invalidate any entry which (in our opinion) breaches these Terms & Conditions of Entry or any other content guidelines published by us as part of the entry process for the Promotion. Once submitted, you cannot alter or delete your entry.

There is one first prize to be won. Prize Pack contains:

• Annual Premium Subscription to Tom Walton’s online Cooking Club, RRP: $50 AUD including GST
• $100 Woolworth or Coles Digital Gift Card
• A Signed Copy of Tom Walton’s Latest Cookbook – “More Fish, More Veg” RRP: $49.98 AUD including GST and p&p

There are also five runner-up prizes to be won of:

• A $50 Woolworth or Coles Digital Gift Card each.

Prizes are limited to one per person. Prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of consideration. The value of each prize is accurate as at the time of preparation of these Terms & Conditions of Entry. We accept no responsibility for any variation in the value of a prize after that date. If a prize is unavailable for any reason, we may substitute it for another item of equal or higher value, subject to any written directions of a regulatory authority. If a winner does not take an element of a prize by the time stipulated by us, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. We accept no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.

If one of the people taking or participating in the prize is under 18 years of age, a parent or legal guardian of that person must be present for the duration of the prize, as one of the participants.

The total prize pool is $450.00 (RRP, including GST). Any costs not expressly included in the prize description are the responsibility of the winner.

The winners will be judged by an independent panel of judges, including Chef Tom Walton himself, from all entries received during the Promotional Period, and be based on the most creative and tasty-looking recipe content, as deemed by the judges, on 5th August 2023 AEST. The best complete, eligible entry will win the first prize and the entries that are voted in 2nd to 6th place inclusive will receive a runner-up prize. The Promoter reserves the right to select five additional reserve entries and to record them (in the order of voting) in case an invalid entry or ineligible entrant is chosen as a winner or the winner is unable or unwilling to accept the prize.

The winners will be notified by private Instagram or Facebook message within 2 business days of determination and will be provided with instructions that they must follow in order to verify their entry and claim their prize.

The winners’ names may be published on the @BrancourtsDairy Instagram and Facebook pages on or around 6th August 2023.

The Promoter’s decisions are final and no correspondence will be entered into.

Prizes must be claimed by 4pm on the 13th of August 2023 AEST. If you are a prize winner and don’t accept or claim your prize by this date, then your entry will be deemed invalid. Winners of any unclaimed prizes will be notified in writing within 2 business days of the determination.

To claim your prize, you must follow the instructions set out in the notification message we send to you telling you that you’re a winner. This includes providing verification information regarding your entry if requested by us. We will make reasonable efforts to contact you, but if you’ve not claimed your prize by the prize claim date specified below, or we determine that your entry is not in accordance with these Terms & Conditions of Entry, then your entry will be declared invalid, and we may award the prize to the next complete and eligible entry drawn.

If a prize winner complies with these Terms & Conditions of Entry, and we verify and accept the entry in accordance with these Terms & Conditions of Entry, we will deliver the prize within 28 days of the winning entry being verified, to the address provided by you at the time of completing your entry or via the verification process.

You must take full responsibility for the content of your entry, and for ensuring that your entry complies with these Terms & Conditions of Entry. When we talk about ‘entry content’, we mean things like text, photos, videos, email messages, and anything else that you submit, upload, transmit, publish, communicate, or use in connection with your entry into the Promotion.

Your entry must be your own original work. We reserve the right to verify, or to require you to verify, that the entry is your original work. If you can’t verify your entry to our satisfaction, your entry will be deemed invalid.

Be fair! Your entry must not include:

1. any image or voice of any other person without that person’s express consent. You warrant that if your entry contains any such content, you have obtained the express consent of the relevant person;
2. any content that contravenes any law, infringes the rights of any person, or is obscene, defamatory, discriminatory, offensive or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); or
3. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless you are entitled to do so. If you have any doubts about whether you have the right to include any content (for example, recorded music) then you must not include it. By including any such content in your entry, you warrant that you have the permission of the relevant copyright owner to do so and that this permission allows us to use your entry in accordance with these Terms & Conditions of Entry.

We may at any time, in our absolute discretion, edit, modify, delete, remove or take down any part of your entry that is within our possession or control without notice to you, or require you by notice to take such action in respect of content within your possession or control.

By submitting an entry to the Promotion, you agree to give us a worldwide, perpetual, irrevocable, royalty-free, transferrable, and fully sublicensable licence to use your entry in connection with the Promotion (such as posting your entry on our Facebook Page) and for related marketing and promotional purposes. You consent to us using your entry in any manner we wish (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to you (of royalties, compensation or otherwise). By submitting an entry, you consent to and waive any claim or right of action you may have in respect of any such dealings with the entry that might otherwise infringe your moral rights (including the rights of attribution and integrity or against false attribution) in respect of the entry or entry content. We may copy any content submitted as part of your entry, cause the content to be seen and/or heard in public, and communicate the content to the public, without notice or attribution to you. We may also allow third parties to do these things.

In participating in the Promotion, you must also comply with the terms of use of any social media platform via which we conduct the Promotion.

If the Promotion is conducted via the Facebook or Instagram platforms:

1. You acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.
2. You acknowledge that any information you provide in connection with the Promotion is provided to us (as the Promoter) and not to Facebook or Instagram.
3. Any questions, comments or complaints regarding the Promotion will be directed to us (as the Promoter), and not to Facebook or Instagram.
4. You release Facebook, Instagram and their associated companies from all liability arising in respect of the Promotion.

1. We accept no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. We have no control over telephone communications, social media functionality, social media owners, networks or lines and accept no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. We are not liable for any consequences of user error including (without limitation) any costs incurred.
2. We may declare any or all of your entries invalid, and prohibit your further participation in this Promotion if you:
   1. fail to verify your personal details and/or eligibility to enter the Promotion to our satisfaction;
   2. tamper with or benefit from any tampering with the entry process or the operation of the Promotion;
   3. submit an entry which in our opinion is not in accordance with these Terms & Conditions of Entry;
   4. act in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
   5. engage in conduct in entering the Promotion which in our opinion is unfair or in bad faith, fraudulent, misleading, deceptive, unlawful, wrongful, or generally damaging to the goodwill or reputation of the Promotion and/or us or any prize provider. This includes where you use multiple names or addresses to register multiple entries.
3. If requested by us, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to us and our associated companies and agencies using their name and image in promotional material.
4. If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, then we may cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries (subject to any written directions from a regulatory authority).
5. Our decisions in connection with the Promotion are final and no correspondence will be entered into.
6. We and our associated agencies and companies, and the agencies individuals and companies associated with this Promotion (including Facebook and Instagram, if the Promotion is conducted via the Facebook or Instagram Platforms), will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
7. We and our associated agencies, companies and individuals will not be liable for any damage to or delay in the transit of prizes.
8. We may, in our absolute discretion, prohibit an entrant’s participation in this Promotion, cancel or suspend a prize, or otherwise cease to provide any prize to a winner, if the entrant or winner (or any companion) is (in our opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish our good name and reputation or our products and brands, or is contrary to law or is otherwise inappropriate.
9. We accept no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, you agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
10. We collect personal information in order to conduct the Promotion and may disclose such information to third parties (including agents, contractors, service providers and prize suppliers) for that purpose. We may also use your information for marketing and promotional purposes. See our privacy policy for full details.
11. Any part of these Terms & Conditions of Entry which are void or not enforceable by law will be automatically severed from these Terms & Conditions of Entry, where possible, to ensure that the remaining provisions of the Terms & Conditions of Entry remain in effect. We may vary these Terms & Conditions of Entry from time to time as required for compliance with the law or for the purposes of correcting any error or omission. As such, it is the responsibility of every entrant to ensure that they review these Terms & Conditions of Entry at the time of entry and all other material times.
12. These Terms & Conditions of Entry will be governed by and must be construed in accordance with the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and their courts of appeal.