Birch & Waite #1 Mayo Competition February 2023 Terms & Conditions

1. The following Terms and Conditions apply to the Birch & Waite #1 Mayo Competition (Competition) running between 16 February 2023 at 9am (AEDT) and 19 March 2023 at 7pm (AEDT) (Promotional Period).

2. These terms and conditions of entry, including information on how to participate and prize details (Terms), apply to the Competition and entry into the Competition is deemed acceptance of these Terms.

3. The entrant is responsible for ensuring his or her familiarity with the Terms at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Terms generally. All entrants acknowledge that the Promoter can rely on these Terms even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to an ineligible person. Return of a prize to the Promoter may be required by the Promoter if this occurs.

4. The promoter is Birch & Waite Pty Ltd, 48-54 Meeks Road, Marrickville, NSW 2204, ABN 93 003 232 844

Who can enter

5. Entry into the competition is open to Australian residents (i.e. must be currently living in Australia with an Australian address), aged 16 years of age or older who have a valid Instagram account (or who open a valid Instagram account during the Promotional Period) (Eligible Entrants), excluding:

a. Management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Competition (including suppliers of the prizes)

6. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

7. If the entrant is under the age of 18 years old, they must have permission from a legal parent or guardian to enter.

How to enter

8. To complete an Eligible Entry via Instagram an Eligible Entrant must:

a. be following @birchandwaite on Instagram and

b. comment on the appropriate competition post, tagging 3 x genuine friends and telling us why you use Birch & Waite mayonnaise in your kitchen.

9. Entries are unlimited and the winner will be selected randomly using a selector generator.

10. An entrant can only win 1 x prize.

Rules About Entry

11. Eligible Entrants may only enter the Competition in their own name and from their own Instagram account.

12. Any costs associated with submitting an entry via Instagram are the entrant’s responsibility.

13. The Promoter is not responsible for technical difficulties with the entry mechanisms and does not warrant that the entry mechanisms will be available at all times during the Competition.

14. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Competition repeatedly is prohibited and will render all entries submitted by that entrant invalid.

15. Incomplete, illegible, indecipherable or incorrect entries, or which contain offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to win.

16. Entries are deemed to be received once uploaded on Instagram.

17. You must take full responsibility for the content of your entry “Entry Content”, and for ensuring that your entry complies with these Conditions of Entry. Entry Content, means any content (including text, photos, videos and email messages) that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Competition.

18. Entries must be your original work. We reserve the right to verify, or to require you to verify, that your entry is your original work. If an entry cannot be verified to our satisfaction, that entry will be deemed invalid.

19. Your entry must not include:

a. any image or voice of any other person, unless you have that person’s permission. If your entry include images of a person or persons, entry into the Competition is deemed confirmation that you have consent from the relevant person or persons;

b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent, objectionable or inappropriate (which includes any content involving nudity, malice, excessive violence or swearing); and

c. any content which infringes the intellectual property rights (such as copyright and trade marks) of another person. If you’re not sure whether you have the right to include particular content (for example, recorded music), don’t include it. By including any such content in your entry, you confirm you have the permission of the owner to do so and that this permission allows us to use the entry in accordance with these Conditions of Entry.

20. We may, in our absolute discretion, edit, modify, delete, remove or take-down any part of your entry.

21. By submitting an entry to the Competition, you agree to assign all rights in your entry to us and 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 compensation. By submitting an entry, you consent to any dealings with the entry that may otherwise infringe your moral rights in the entry. We may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. We may also allow third parties to do these things.

Prizes

22. The prizes consist of 5 x $300 King of Knives vouchers. Prize values are accurate as at the commencement date of the Competition. All costs, fees, charges or expenses associated with the prize(s), which are not specified in the Schedule, are the responsibility of the winner(s).

23. Total prize pool is valued at $1,500.

24. Prizes are not transferable, exchangeable or redeemable for cash. If for any reason a prize is not available, we will substitute it for another prize of equal or higher value (at the Promoter’s discretion).

How winners are chosen, notified, and can claim their prize

25. The competition is a game of chance.

26. At 10am on 23 March 2023, each valid entry will be entered into a process of random selection using a randomized algorithm.

27. 5 winning entries will be selected as well as an additional 5 back up entries.

28. Winners will be notified via direct message on their respective Instagram accounts within 72 hours of the winners being determined.

29. If a winning Eligible Entrant does not respond to the Promoter’s notification within two (2) weeks, an alternative winner will be contacted. The Promoter takes no responsibility for a winning Eligible Entrant failing or neglecting to respond during the designated timeframe and consequently forfeits the Prize.

30. The Promoter will provide each winner with instructions on how to claim their Prize. It is the responsibility of each winner to comply with the Promoter’s instructions.

31. The Promoter reserves the right to request each winner to provide proof of their identity and/or proof that they were responsible for the winning entry. 

32. Each winner agrees to participate and cooperate, as required, in all publicity activities relating to the Competition, including, without limitation, being interviewed, photographed, filmed and recorded. Each winner authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide. 

33. It is the responsibility of each entrant to notify the Promoter of any change to their contact details.

34. Each winner will receive a Prize.

35. Results will be published on the 24 March 2023 at https://birchandwaite.com.au/mayonnaise-instagram-competition-tcs/results

General

36. The Promoter may require an Eligible Entrant to provide proof of identity, proof of age and/or proof of residency. Identification considered suitable for verification is at the Promoter’s discretion. A prize will only be awarded following all verification requirements of the Promoter being met to its satisfaction.

37. If more than one person attempts to claim a prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

38. If, for any reason, the Competition is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right in its absolute discretion to take any action that may be available to it including cancelling, terminating, modifying or suspending the Competition.

39. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Competition in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Competition, or who does not properly comply with the entry process, will be ineligible to win.

40. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Competition are final and binding on each entrant and no correspondence will be entered into.

41. The Promoter, the Promoter's related entities and all agencies associated with the Competition shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

42. This competition is in no way sponsored, endorsed or administered by, or associated with Instagram.

Personal Information

43. All information entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Competition.

44. The Promoter may disclose entrants' Personal Information to its contractors and agents to assist in conducting this Competition, for future marketing or publicity use, and as required, to Australian regulatory authorities.

45. The Promoter's treatment and storage of personal information will be handled in accordance with all applicable laws in Australia.

46. The Promoter's privacy policy can be found at: https://birchandwaite.com.au/privacy-policy/

47. Participation in the Competition is dependent on all participants following and acting in accordance with the Instagram Terms of Use, which can be viewed at: https://help.instagram.com/581066165581870

48. There is no association or endorsement or sponsorship arrangement between the Promoter and Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information entrants provide will only be used in accordance with these Terms. Any questions, comments or complaints regarding this Competition must be directed to the Promoter and not to Instagram.