Instagram Competition Terms & Conditions

 

THE COMPETITION

1. This “Win A Year’s Supply of Chocolate” (Competition) is promoted by Hey Tiger Pty Ltd (ABN 21 619 106 302) (we, us or our).
2. By entering this Competition, all entrants (you or your) will be deemed to have accepted and agreed to be bound by these terms and conditions (Terms) and our privacy policy. Any breach of these Terms or our privacy policy may result in disqualification from the Competition.
3. To the extent of any inconsistency between these Terms and any other reference to this Competition, these Terms prevail.
4. The Competition:
(a) begins at 12.01am Australian Eastern Standard Time (AEST) on 14 September 2020; and
(b) ends at 11.59pm AEST on 30 September 2020.
(Promotion Period).

    Entry Requirements

    5. The Competition is open to Australian residents aged 16 or over. Entrants under 18 years of age must have parent or guardian’s permission to enter
    6. Employees and contractors (and their Immediate Families) of  Hey Tiger Pty Ltd (ABN 21 619 106 302) and the agencies associated with this Competition are ineligible to enter.

      How do I enter?

      7. This Competition is a game of chance. Skill plays no part.
      8. To enter the Competition, you must, during the Promotion Period:
      (a) Visit www.heytiger.com.au and complete a purchase. No minimum spend required. Includes e-Gift card purchases
      (b) Multiple entries are permitted
      9. We may, at any time:
      (a) verify the validity of entries and entrants (including your identity, age and place of residence); and
      (b) disqualify any entrant whose entry is not in accordance with these Terms or who otherwise tampers or interferes with the entry process.
      10. Incomplete, indecipherable or illegible entries will be invalid at our discretion.
      11. We are not responsible for incorrect, incomplete, lost, late or misdirected entries.
      12. If there is a dispute as to your identity or details, we reserve the right to determine your identity or details and our determination is final.

      Selecting the winner

      13. There will be 1 winner.
      14. The winner will be randomly drawn.
      15. We will conduct the draw:
      (a) at our office at 29a Gwynne Street, Cremorne Victoria, 3121, Australia; and
      (b) between 9am and 5pm AEDT on 05 October 2020.
      16. We may draw additional valid reserve entries and record them in case:
      (a) an ineligible entrant is drawn; and
      (b) we elect to draw on the reserve entries.
       

      How will the winner be notified?

      17. The winner will be notified after 9am AEST on 06 October 2020 by email.
      18. It is your responsibility to notify us in writing if your contact details change.
      19. The name of the winner may be published on our websites and social media pages, and in any other promotional material that we consider relevant. By entering the Competition, you consent to us publishing your details.
      20. Our draw is final.

      Prize details

      21. The total prize pool value for this Competition is AUD $702 (inclusive of GST) and consists of 52 x full size Hey Tiger chocolate bars
      22. Prize values are based on the recommended retail prices in Australia on 14 September 2020. We accept no responsibility for any change in prize value on the date the prize is redeemed.

      How do I claim a prize?

      23. To claim the prize, respond to the email message with your full name and nominated Australian delivery address.
      24. The prize(s) must be claimed as offered within 7 days of the winner’s announcement and is subject to product availability.
      25. Any part of the prizes may be replaced with something of similar value or specification if it is unavailable or out of stock, subject to required regulatory approval.
      26. A prize is not transferable, saleable or redeemable as cash, credit or equivalent.
      27. You should seek independent advice, including financial advice, as implications (such as tax) may arise as a result of claiming the prize(s).
      28. You must comply with all terms and conditions of use of the prize(s).
      29. Before claiming the prize we may require you to sign a legal release in a form we determine.
      30. At the end of the Competition, we will, acting reasonably meet all applicable existing claims for prizes and entitlements to claims notwithstanding the advertised prize pool has been exceeded. If a printing error or other quality assurance matter occurs outside your control, we will not refuse to award a prize.

      Unclaimed Prizes

      31. If the winner does not claim their prize within the prescribed time, we will conduct a redraw:
      (a) using the same method of draw specified in clause 14;
      (b) at our office at 29a Gwynne Street, Cremorne Victoria, 3121, Australia; and
      (c) between 9am and 5pm AEDT on 12 October 2020.
      32. The winner of the redraw will be notified after 9am AEDT on 13 October by email.

      Entries

      33. We own all entries, including any Intellectual Property Rights comprised in the entries and their content.
      34. We are not liable in any way for your entry to the fullest extent permitted by law.
      35. You warrant and agree that:
      (a) your entry does not contain viruses and will not cause injury or harm to any person or entity; and
      (b) you will comply with all applicable laws and regulations, including those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

      What happens to my personal information?

      36. Entries may be entered into a database.
      37. By entering this Competition, you consent to us:
      (a) publishing your Personal Information, or disclosing your Personal Information to State and Territory lottery departments, as required by relevant laws; and
      (b) using your name and likeness in any media, worldwide, for an unlimited period for promotional purposes without payment to you, including for the purposes of promoting this Competition and any products manufactured, distributed and/or supplied by us.
      38. If you wish to access, or for us to update, correct or delete, your Personal Information or your entry, contact us using the details below.

      Liability

      39. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
      40. Subject to clause 11(a) and to the fullest extent permitted by law, we:
      (a) are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorised access to entries or any other event beyond our control. In these circumstances, if we elect to cancel the Competition, we do so without liability and may reschedule it on the same terms;
      (b) make no express or implied warranties, representations or guarantees, in fact or in law, regarding this Competition or the merchantability, quality or fitness for purpose of any part of the prizes; and
      (c) exclude all liability (including for negligence) for any personal injury or loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including where arising out of:
      i. any technical difficulties or equipment malfunction (whether or not under our control);
      iii. any theft, unauthorised access or third party interference;
      iv. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after our receipt or otherwise);
      v. any variation in prize value or specification;
      vi. any tax liability or similar charge incurred by the winner or the runners-up; or
      vii. use of a prize by the winner
      41. We are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in this Competition.
      42. You are solely responsible for any costs associated with accessing our website, as these costs depend on the internet service provider you use. We accept no responsibility for your use (or attempted use) of those websites.
      43. Without limiting any other terms, you indemnify us from and against your breach of these Terms.

      Disruption to competition

      44. If, for any reason, this Competition is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, including where such circumstance corrupts or affects the administration, security, fairness or integrity or proper conduct of this Competition, we may, to the fullest extent permitted by law:
      (a) disqualify any entrant who tampers or interferes with the entry process; or
      (b) subject to required regulatory approval, cancel, terminate, modify, reschedule or suspend the Competition, as appropriate.
      45. Any entrant found to be using a form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to a prize will be invalidated. If you have already received a prize, you must (at your cost) immediately return it to us. We will determine whether a breach has occurred at our discretion and may request any documentation we consider necessary to assist with our assessment. You must immediately provide any requested documentation at your cost.

      General

      46. Any failure to enforce any of our rights does not constitute a waiver of those rights.
      47. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
      48. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
      49. The promoter of this Competition is Hey Tiger Pty Ltd (ABN 21 619 106 302) of 29a Gywnne Street, Cremorne, Victoria, 3121, Australia.
      50. If you have any questions regarding these Terms, you may contact us at hey@heytiger.com.au or on +61 435 383 440

      Definitions

      51. Force Majeure Event means an event or circumstance beyond our reasonable control, including but not limited to, natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.
      52. Immediate Families means any of the following (whether natural, step or adopted): spouse, ex-spouse, de-facto spouse, child, parent, grandparent, uncle, aunt, niece, nephew or sibling.
      53. Intellectual Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
      54. Personal Information has the meaning in the Privacy Act 1988 (Cth).