Trade Promotion: Game of Skill
Schedule to Conditions of Entry

Trade Promotion: Game of Skill
Conditions of Entry

• These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion.  The Schedule prevails to the extent of any inconsistency with these Conditions of Entry.  Participation in the Promotion constitutes acceptance of these Conditions of Entry.
• Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.

Eligibility

• Entry to the Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions (if any).  Entrants under 18 years of age must have the consent of a parent or guardian to enter.
• Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this Promotion are ineligible to enter.  “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.

Entry

• The Promotion will be conducted during the Promotion Period.
• To enter the Promotion, Nominators must complete the Nomination Procedure during the Promotion Period.
• Entries may only be submitted in accordance with the Nomination Procedure and will not be accepted by the Promoter in any other form.  Computer generated or other automated entries will not be accepted.  Once submitted, entries may not be altered or deleted by the Nominator.
• Nominators may enter the Promotion up to the Maximum Number of Entries.  Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Nomination Procedure (if applicable).
• Entries must be received by the Promoter during the Promotion Period.  Online entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the Nominator.

Entry Content

• Nominators are required to take full responsibility for the content of their nomination and for ensuring that their nomination complies with these Conditions of Entry.  For the purposes of these content requirements, “entry content” includes any content in the nomination (including text, photos, videos and email messages) that Nominators submit, upload, transmit, publish, communicate or use in connection with their nomination entry into the Promotion.
• Incomplete and ineligible entries will be deemed invalid.  Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
• Entries must be the Nominator’s original work and must be factually accurate to the best of the Nominator’s knowledge and belief.  The Promoter reserves the right to verify, or to require the Nominator or the Nominee to verify, that the nomination is the Nominator’s original work.  If a nomination cannot be verified to the Promoter’s satisfaction, the nomination will be deemed invalid.
• An Nominator’s nomination must not include:
• any image or voice of any other person without that person’s express consent.  Nominators warrant that if any such content is included, they have obtained the express consent of the relevant person;
• any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
• any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the Nominator is entitled to do so.  If a Nominator has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it.  By including any such content in their nomination, the Nominator warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the nomination in accordance with these Conditions of Entry.
• The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an Nominator’s nomination entry.
• By submitting a nomination to the Promotion, each Nominator assigns all rights in the nomination entry to the Promoter.  Each Nominator acknowledges that the Promoter, as owner of the copyright in each nomination entry, may use the nomination entry in any manner the Promoter wishes (including modifying, adapting or publishing the nomination entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the Nominator or Nominee (of royalties, compensation or otherwise).  By submitting a nomination entry, each Nominator consents to any dealings with the nomination entry that may otherwise infringe their moral rights in the nomination entry.  The Promoter may copy any content submitted as part of a nomination entry, cause the content to be seen and/or heard in public, and communicate the content to the public.  It may also allow third parties to do these things.

Facebook promotions

• The Promotion is conducted in part via the Facebook Platform:
• Nominators acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
• Nominators acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook.
• Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
• Nominators release Facebook and its associated companies from all liability arising in respect of the Promotion.

Judging

• The Promotion is a game of skill; chance plays no part in determining the winners.  Each valid nomination entry will be individually judged (by representatives of the Promoter) based on, amongst other things, the Judging Criteria.  The judges' decisions are final and no correspondence will be entered into.
• Judging will be conducted in accordance with the Judging Details.  The best valid nomination entry or entries (as applicable) will be awarded a prize in accordance with the Prize Details.
• The Toast of a Nation Major Prize Winner will be decided based on the highest tally of votes received at the date specified in the Judging Details.  Where two or more entries receive the same number of votes, the Promoter will, in its sole discretion, select the entry that the Promoter considers to be most worthy of the Major Prize. The Promoter's decision is final and no correspondence will be entered into.   
• If a winning nomination entry is deemed not to comply with these Conditions of Entry, the non-complying nomination entry will be discarded and a new winner of the prize will be determined by selecting the next best ranking nomination entry (as determined by the Promoter in its sole discretion). 
• Winners will be notified as specified in the Schedule.  The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of winners on their website(s) and in trade publications.  By entering this Promotion, each Nominator requests that his or her full address not be published.
• Judging will comply with any applicable anti-discrimination legislation in force at the time of judging.

Prizes

• The prize(s) are specified in the Prize Details.  The prize(s) are subject to any restrictions specified in the Schedule.  The total prize pool is specified in the Schedule.
• If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider.  Once awarded, the Promoter is not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
• If a prize includes tickets, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider.  Once awarded, the Promoter is not be liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
• If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize.  If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event.  The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers.  All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner.  The winner and any travelling companion(s) must depart and return at the same time using the same air carrier.  The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required).  Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner.  The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner.  The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize.
• If the one of the people taking or participating in 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 Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize.  The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines notified to them by the Promoter or their chaperone.

Claiming prizes

• Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.
• If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s nomination entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes to the next best ranking nomination entry or entries (as applicable), as determined by the Promoter in its sold discretion.  Winners of unclaimed prizes will be notified in writing.

General

• The Promoter accepts 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.  The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
• The Promoter may, at its sole discretion, declare any or all entries made by an Nominator invalid, and prohibit further participation by a Nominator in this Promotion, if the Nominator:
• fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
• tampers with or benefits from any tampering with the nomination entry process or the operation of the Promotion;
• submits a nomination entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
• acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
• engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes where Nominators share receipts or product labels to enter the Promotion or where Nominators use multiple names or addresses to register multiple entries.
• Nominators must comply with the Verification Requirements.  The Promoter may require Nominators to provide these to the Promoter or its agent as part of the nomination verification or prize claim process.  Failure to provide these to the Promoter’s satisfaction will result in the relevant nomination entry being declared invalid (and, at the Promoter’s discretion, in all of the Nominator’s entries being declared invalid).
• All entries will be the property of the Promoter and will not be returned.
• Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or any other form of compensation.  The value of each prize is accurate as at the commencement of this Promotion.  The Promoter accepts no responsibility for any variation in the value of a prize after that date.  If a prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the relevant authorities in the Relevant State(s), if required.  If a winner does not take an element of a prize at the time stipulated by the Promoter, 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.  The Promoter accepts 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 requested by the Promoter, Nominators, Nominees and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize.  If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant Nominator’s or winner’s nomination entry or claim will be deemed invalid.
• If requested by the Promoter, Nominators, Nominees 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 the Promoter and its associated companies and agencies using their name and image in promotional material.
• 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 the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required.
• The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
• Nominator acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities.  By entering this Promotion and/or accepting the prize, Nominators accept that risk for themselves and for their companion(s) (if applicable).
• The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion (including Facebook, if the Promotion is conducted via a Facebook Platform) 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 minimum allowable by law).
• The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
• The Promoter may at its absolute discretion prohibit an Nominator’s participation in this Promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the Nominator or Nominee (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
• The Promoter accepts 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, Nominators 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.
• The information Nominators provide will be used by the Promoter for the purpose of conducting this Promotion and may also be used for the purposes specified in the Promoter’s privacy policy.  The Promoter may disclose Nominator and Nominee personal information to companies and agencies connected with this Promotion and to relevant authorities in the Relevant States, and the winner’s name and State/Territory of residence may be published in accordance with these Conditions of Entry and as required under relevant legislation.  The Promoter’s privacy policy is available on the Promoter’s website www.kraft.com.au.