“COOK, SNAP, SHARE! WIN A FOODIE FANTASY!” PROMOTION
TERMS AND CONDITIONS
Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Promotion commences at 12.00am AEDST on 11/01/2016 and ends at 11:59pm AEDST on 07/03/2016 (“Promotional Period”).
The time of entry will in each case be the time the online entry is received on www.asianinspirations.com.au or www.facebook.com/AsianInspirations (as applicable), not at the time of transmission by the entrant.
Entry is only open to Australian residents aged 18 years or over with a valid Facebook account. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
The Promotional Period will be divided into eight (8) weekly entry periods (“Weekly Entry Period”), with entries for each Weekly Entry Period opening at 12:00am AEDST each Monday and closing at 11:59pm AEDST each Sunday of the Promotional Period (with the exception of Weekly Entry Period 8 where entries will close at 11:59pm AEDST on 07/03/2016). There will be one (1) Weekly Prize (defined below) awarded in respect of the eligible entries received in each Weekly Entry Period (for a total of eight (8) Weekly Prizes), and there will be one (1) Major Prize (defined below) awarded in respect of all entries received during the Promotional Period.
To be eligible to enter, individuals must purchase any two (2) or more eligible Oriental Merchant products in a single transaction from any Oriental Merchant product stocking retailer nationally during the Promotional Period (“Qualifying Transaction”). Eligible Oriental Merchant products include the following participating brands imported by Oriental Merchant: Lee Kum Kee, ABC, Squid Brand Fish Sauce, TCC, Valcom, Yeo’s and Yoosh. Individuals must retain their original purchase receipt(s) and original Oriental Merchant product barcodes as proof of purchase. In the event an individual is a winner, they will be required to provide the Promoter the above proof of purchase to be eligible to claim a prize.
To enter a Weekly Entry Period, individuals must then complete the following steps during that Weekly Entry Period:
Cook: prepare an original and creative meal/dish using at least one (1) of the eligible Oriental Merchant products purchased (“Dish);
Snap: take a photograph of their Dish, showcasing the Dish’s presentation and appetite appeal (“Photograph”); and then
Share: visit http://www.asianinspirations.com.au/CNY2016 (“Website”) directly (or via Facebook including but not limited to the Promoter’s Facebook Page www.facebook.com/AsianInspirations), follow the prompts to the competition entry page, input the requested details using their Facebook account log in details, provide the name and the recipe for the Dish they prepared, upload the Photograph of their Dish, and then submit the fully completed entry form.
- Uploaded files must be submitted in JPG, GIF, PNG format and must not exceed 3MB. Each entrant warrants to the Promoter that the Photograph, Dish recipe, Dish name and any other content submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All content must comply with and is subject to the provisions contained in clause 35.
Once individuals have submitted an entry, they will have their Photograph uploaded onto the Website for public viewing and voting. All Photographs will be reviewed by the Promoter for compliance with these Terms and Conditions prior to being uploaded. Photograph that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, may, at the discretion of the Promoter, not be published or removed from the Website at any time. In addition, any entrant that submits such content will not be eligible to win.
Incomplete or indecipherable entries will be deemed invalid.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the number of eligible Oriental Merchant products purchased in excess of two (2) in that transaction); (b) each Photograph and Dish must be substantially unique; (c) each entry must be submitted separately and in accordance with entry requirements; and (d) a maximum of one (1) Weekly Prize permitted per person.
Entrants must retain their original purchase receipt(s) and Oriental Merchant product barcodes for all entries as proof of purchase. Failure to produce the proof of purchase for all entries 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. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
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 reserves the right, in its sole discretion, without any notice, to disqualify any individual 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 fair and proper conduct of the promotion. 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.
Voting is only open to residents of Australia with a valid Facebook account.
To vote, individuals must complete the following steps during the Promotional Period:
visit the Website directly (or via Facebook);
register to vote using their Facebook account login details;
follow the prompts to the Voting Gallery contained on the Website; and
click the “like/vote” button corresponding to their favourite Photograph/Dish for that Weekly Entry Period (for the sake of clarity, individuals will only be able to submit a vote in respect to entries that were received in that Weekly Entry Period).
No prize will be awarded for the act of voting.
The Promoter reserves the right, at any time, to verify the validity of votes and voters (including a voter’s identity, age and place of residence) and to disqualify any voter who submits a vote that is not in accordance with these Terms and Conditions or who tampers with the voting process or engages in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the competition. Errors and omissions will 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.
The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered, offered payment or offered incentives for others to vote for them (e.g. cash incentive) or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
Each person can submit multiple votes, subject to the following: (a) each vote must be submitted separately and in accordance with voting requirements; (b) each person can only vote once for any one (1) Photograph/Dish; and (c) each person can only vote once for any one entrant throughout the entire Promotional Period. For the sake of clarity, once an individual has voted for a particular entrant’s Photograph/Dish, they will not be eligible to vote for any other Photographs/Dishes submitted by that entrant throughout the rest of the Promotional Period.
At the end of each Weekly Entry Period, the Promoter will tally up the number of valid votes received for each Photograph that was submitted during that Weekly Entry Period. Subject to clause 21, the entrant who submitted the Photograph that received the highest number of valid votes during that Weekly Entry Period will win a dining voucher for a restaurant of the Promoter’s choice valued at $400 (“Weekly Prize”). The Promoter will select (in their absolute discretion) the exact restaurant the voucher will be awarded to based on the winner’s town/city of residence. In the event the entrant to receive the highest number of valid votes in a Weekly Entry Period has previously won a Weekly Prize, the prize will be awarded to the valid entrant to have submitted the Photograph that received the next highest number of valid votes during that Weekly Entry Period.
In the event of a tie between two (2) or more entrants in a particular Weekly Entry Period, the Promoter will judge the tied entries against each other based on authenticity, presentation, originality, creativity and appetite appeal of the Photograph/Dish submitted, and determine the best entry out of the tied entries.
Non-winning entries (and votes associated with the same) in each Weekly Entry Period will NOT carry over into subsequent Weekly Entry Periods.
Each Weekly Prize winner will be notified by email and their names will be published on the Website on the Thursday immediately following the entry close date for that Weekly Entry Period. Each Weekly Prize winner must claim their prize within seven (7) days of being notified they are a winner. In the event a Weekly Prize winner does not claim their prize within this timeframe, they will forfeit their right to the Weekly Prize, and that Weekly Prize will then be awarded to the entrant to have submitted the Photograph that received the next highest number of valid votes during that Weekly Entry Period. In the event the first and second reserve winners for any Weekly Prize do not claim the relevant Weekly Prize within the timeframe specified, that Weekly Prize will not be awarded.
Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
At the end of the Promotional Period, the Promoter will judge all entries (from winners and non-winners of a Weekly Prize) against each other based on the authenticity, presentation, originality, creativity and appetite appeal of the Photograph/Dish provided. The judging will take place at Oriental Merchant Pty. Ltd, 22-28 Compark Circuit, Mulgrave, VIC 3170 commencing on 15/03/2016. The judges may select additional reserve entries that they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant or no response from the winner.
The best valid entry, as determined by the judges, will win a trip to Sydney, NSW for four (4) adults, valued at up to $30,387 (“Major Prize”). The Major Prize includes the following components for four (4) adults, unless specified otherwise:
Return economy airfares from the winner’s nearest Australian capital city to Sydney, NSW (only provided if winner resides outside of NSW). If a winner is from NSW, then the prize does not include airfares and the airfare component of the prize is not redeemable for cash;
Two (2) nights twin-share accommodation at a minimum 4-star hotel in Sydney, NSW (exact hotel determined by the Promoter);
Selected transfers during the trip;
A private Gourmet Safaris® Tour, conducted by Maeve O’Meara (subject to their availability);
A private cooking workshop;
An authentic Asian dinner and wine matching session conducted by a wine specialist; and
The winner and their winning Dish recipe will be featured in Taste Magazine, and will be expertly styled and photographed.
Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included in the Major Prize. Major Prize must be taken by 31/05/2016 and the booking must be made a minimum 31 days prior to the requested departure date, and is subject to booking and flight availability. Major Prize winner and his/her companions must depart from and return to the same departure point and travel together. Itinerary is to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. Major Prizes is subject to the standard terms and conditions of individual prize and service providers. Major Prize winner may be required to present his/her credit card at time of accommodation check in.
Major Prize winner will be notified by email and his/her name will be published on the Website on 18/03/2016. The Major Prize winner must claim their prize within seven (7) days of being notified they are a winner. In the event the Major Prize winner does not claim their prize within this timeframe, they will forfeit their right to the Major Prize, and the Major Prize will then be awarded to the entrant to have submitted the next best valid entry, as determined by the Promoter based on the judging criteria outlined in clause 25. In the event the first and second reserve winners selected by the Promoter do not claim the Major Prize within the timeframe specified, the Major Prize will not be awarded.
This is a game of skill, and chance plays no part in determining the winners. The Promoter’s decision is final and no correspondence will be entered into.
In the event of war, terrorism, state of emergency or disaster, or acts of God, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
Subject to the terms and conditions of the participating prize provider(s), if for any reason a winner does not take or redeem a prize (or an element of the prize) by the time stipulated by the Promoter, or once the prize has been booked, as applicable, then the prize (or that element of the prize) will be forfeited.
If any prize (or part of any prize) is unavailable, for whatever reason, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
Total prize pool value is up to $33,587. All prize values stated in the Terms and Conditions are correct as at 05/11/2015.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photographs, Dish names and Dish recipes (“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:
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, or otherwise unsuitable for publication;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
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; and
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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees 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.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products and/or services, 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 or fraud, 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 accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that entrant invalid.
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 2010 as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State 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 respective officers, employees and agents) excludes 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 the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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) if any cooking workshop or tour (that forms part of a prize) is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking/use of and/or participation in a prize.
As a condition of accepting a prize, each winner (and the Major Prize winner’s companions) may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
This promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at https://www.facebook.com/page_guidelines.php#promotionsguidelines
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. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
All entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this promotion.
The promoter is Oriental Merchant Pty. Ltd. (ABN 34 007 368 925) of 10 Westgate Drive, Laverton North, VIC 3026 (“Promoter”).