“PETBARN ADVANCE® NEXT GENERATION” PROMOTION
TERMS AND CONDITIONS
- Information on how to enter the “Petbarn – ADVANCE® Next Generation Promotion” (Promotion) and the Prizes form part of these Terms and Conditions. By participating in the Promotion, Entrants (as defined below) agree to be bound by these Terms and Conditions. The Promotion is not valid in conjunction with any other special, discount or promotional offer unless indicated otherwise.
- The Promoter is Mars Australia Pty Ltd trading as Mars Petcare Australia (ABN 48 008 454 313) of 1 Petcare Place, Wodonga Victoria 3690 (Promoter).
- Entry is only open to Australian residents aged 18 years or over (Entrants). Employees (and their immediate families) of the Promoter, Petbarn stores and agencies associated with this Promotion are ineligible to enter.
- The Promotion commences at 12:01am AEST on 1/09/18 and entries close at 11:59pm AEDST on 14/10/18 (Promotional Period). All times and dates used throughout these Terms and Conditions will be either AEST or AEDST, as and when applicable in Victoria.
ENTRY TO THE COMPETITION
- To enter the Promotion, Entrants must, during the Promotional Period:
(a) purchase any ADVANCE® dry dog or dry cat product at a Petbarn store (Qualifying Purchase);
b) visit www.facebook.com/petbarn; and
(c) post a selfie image of their cat or dog together with their receipt, in the one (1) image, with the hashtag “#winwithadvance” (Entry).
- For the avoidance of doubt, the Promoter will not accept Entries which are incomplete, illegible, indecipherable or which are generated by computers or other automated means.
- Multiple Entries permitted, subject to the following: (a) only one (1) Entry permitted per Qualifying Purchase; (b) each entry must be submitted separately and in accordance with the Entry requirements; (c) each Entry submitted must be substantially unique; and (d) a maximum of one (1) Entry per Entrant per day is permitted.
- Entrants must retain the original purchase receipt(s) for each Qualifying Purchase used to enter the Promotion. The original purchase receipt(s) must clearly show where and when each participating product was purchased. Failure to produce the original purchase receiptfor any Entry when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Entrant’s Entries and forfeiture of any right to a prize.
- All Entries must be received by the Promoter during the Promotional Period. Entries received before the start of the Promotional Period or after the close of the Promotional Period will be deemed invalid and will not be eligible to win any prize. Records of the Promoter are final and conclusive as to time of receipt. Incomplete, illegible or indecipherable Entries will be deemed invalid.
- Entrants can only enter in their own name and not on behalf of another individual. 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 proof of purchase i.e. a copy of the receipt) and reserves the right, in its sole discretion, to disqualify any Entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of thepromotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
JUDGING AND PRIZES
- All Entries received during the Promotional Period will be individually judged based on the originality and creative merit of the Entry submitted. Judging will take place on 19/10/18. The judges may select additional reserve entries, which they determine to be the next best, and record them in order of merit, in case of an invalid Entry or ineligible Entrant.
- This is a game of skill and chance plays no part in determining the winners.
- There is a total of one (1) prize to be won as part of the Promotion.
- The best valid Entry, as determined by the judges according to the judging criteria, will win AUD$10,000 (Prize). The prize will be awarded in the form of a cheque. Total prize pool value for this Promotion is AUD$10,000.
- The winner will be notified by Facebook private message or through a comment on their winning post with a request to privately message the Promoter with their contact information for Prize delivery. For the avoidance of doubt, the winner will be required to make contact with the Promoter in order to organise delivery of his/her Prize.
- If for any reason the winner does not their Prize at or by 19/11/18, then the Prize will be forfeited and will not be redeemable for cash.
- Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- If the Prize remains unclaimed by 20/11/18, then the Promoter will revert back to the reserve Entries as outlined above and award any unclaimed Prize to the next best Entry.
- All of the Promoter’s decisions are final and no correspondence will be entered into.
- The winner consents to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Competition (including any outcome), the Promoter and any products manufactured, distributed and/or supplied by the Promoter.
- 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, fraud, war, terrorism, state of emergency or natural disaster), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
- Any cost associated with entering the Promotion, accessing the Internet or any Facebook page is the Entrant’s responsibility.
- The Promoter assumes no responsibility for: (a) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Entrant; (b) any theft, destruction or unauthorised access to, or alteration of such communications; (c) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; or (d) any incorrect or incomplete information which may be communicated in the course of administering this Promotion (whether as a result of one of the foregoing causes or otherwise).
- CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
- Any documentation associated with a Prize are void if lost, stolen, forged, mutilated or tampered with in any way.
- Each Entrant agrees that they are fully responsible for any materials they submit via the Promotion including but not limited to captions, images, videos or comments (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish 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, promote illegal acts or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) the Content is the original work of the Entrant that does not infringe the rights of any third party;
(d) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights;
(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; and
(f) the Content does not contain any commercial content that promotes any product or service or reference any third party names, logos, service marks, trade marks, copyrights, trade names or trade dress.
- As a condition of entering this Competition, each Entrant:
(a) licenses and grants the Promoter, Petbarn their related bodies corporate and their agencies a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability; and
(b) consents, freely and voluntarily, to Content to which copyright attaches being changed, copied, edited, added to, taken from, published without attribution, adapted and/or translated, in any manner or context by Promoter and any person authorised by Promoter to do so, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Content within the meaning of the Copyright Act 1968 (Cth).
- Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter, Petbarn and all their related bodies corporate, contractors and personnel for any from and against all losses, damage, claims, costs or expenses (including reasonable legal fees) that any of them may suffer as a result of a breach of these Terms and Conditions.
- Nothing in these Terms and Conditions limits, excludes or modifies 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 States 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 related corporations or their relevant officers, employees and agents) exclude all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion or any Prize.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its related corporations or their respective officers, employees and agents) are not responsible for and 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:
(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) any tax liability incurred by a winner or Entrant; or
(f) taking/use of a Prize.
- Participation in the Promotion is dependent on entrants following and acting in accordance with terms applicable to the Facebook Statement of Rights and Responsibilities (which can be viewed at www.facebook.com/terms.php).
- This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. By entering the Promotion, the Entrant releases Facebook from any and all liability to the Entrant arising in any way from the conduct of the Promotion.
- The Promoter (Mars, we, us or our) collects your personal information when you submit an entry to this promotion (Promotion).
We may disclose your personal information to our family of companies and to our vendors or service providers that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. These companies may be based overseas, including in Hong Kong, Singapore and the United States. We require these companies to comply with the Australian privacy laws that apply to your personal information.
If we do not collect the personal information, you may not be able to obtain a valid entry into the Promotion and may not be able to receive communications about our brands, products and services which may be of interest to you.
a) How you may access the personal information that is held by us and seek correction of such information; and
b) How you may complain about a breach of the Australian Privacy Principles, or a registered privacy code that binds us, and how we will deal with such a complaint.
If you need to contact us, or have any questions, please use the online contact form or the other contact details athttp://www.mars.com/australia/en/about-mars/contact-us.aspx
- Should an Entrant consent to receiving future information from the Promoter, information provided by the Entrant may be entered into a database and used by the Promoter, the Promoter's related entities and agencies engaged by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them. Should an Entrant who elects to opt in wish to opt out or access or update their information held by the Promoter at any time, they can contact the Promoter as per paragraph 33.
- The laws in force in Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.