Food TV “12 Days Of Christmas” Competition (“Contest”)
Terms and Conditions (the “Terms”)
About the Contest
- This Contest is organised and promoted by Discovery Services Australia Pty Ltd, Suite 2, 19 Harris St, Pyrmont, NSW 2009, Australia (ABN 47 097 858 172) (“Discovery“). All participants to this Contest (“Participant[s]“) shall be subject to these Terms or such other terms and conditions that Discovery may impose. Discovery reserves the right to amend these Terms without any prior notice to the Participants. By participating in this Contest, Participants shall be deemed to have agreed to and accepted these Terms, and versions as subsequently amended.
- This Contest will be advertised on Food TV Channel and the Food TV Facebook Page. This Contest starts from Tuesday 13 December 2016 at 13:00 (NZDT) and concludes on Saturday 24 December 2016 at 23:59 (NZST), and is open to individuals aged 13 years old and above residing in New Zealand.
Eligibility to Participate
- Employees of Discovery, its subsidiaries, divisions, affiliates, authorised dealers/distributors, agents and their immediate families are not eligible to enter the Contest.
Discovery reserves the sole and absolute right to disqualify any such person from (i) his or her participation in the Contest, and (ii) receipt of any prize and/or require the return of any such prizes awarded. In such an event, Discovery reserves the right to select new winners for the prize and/or dispose of the prize in any manner it deems fit, at its sole discretion.
Entries and Judgement Criteria
- To enter the Contest, Participants are required to:
- go to the official Food TV website at http://foodtv.co.nz; and
- go to the “12 Days Of Christmas” competition page; and
iii. Answer the competition question in 25 words or less: What is your all-time favourite dish to serve on Christmas Day and why?; and
- complete the entry form with all the details required, including (but not limited to) full name and email address. Mandatory details will be indicated on the entry form. (“Entry[ies]”).
Each Participant may submit more than one (1) Entry.
- By submitting an Entry, each Participant warrants and represents that Participant is the sole creator of the materials submitted, and that he/she owns all rights, title, and interest in and to, or have the valid right to use, all material contained in the materials. If the Entry contains any material or elements that are not owned by Participant, and/or which are subject to the rights of third parties, Participant is responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the use and exhibition of the materials by Discovery in the manner set forth in these Terms, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the materials. Failure to provide such proof upon request may render the material unacceptable by Discovery and result in the disqualification of Participant. All material found to be copied or plagiarised (whether in whole or part), infringing the copyright of a third party, and/or used and submitted by a Participant without the relevant approvals, authorisations or permission shall be disqualified immediately.
- The use of any automated software or any other mechanical or electronic means that permits Participant automatically to enter repeatedly is strictly prohibited (“Repeat Entry Device“). If Discovery reasonably believes that a Participant is using a Repeat Entry Device, Promoter may disqualify that Participant without notice. To ensure fairness, Discovery may undertake automatic and/or manual audits of entries and may deem entries ineligible if it is reasonably believed that said entries are frivolous, incomprehensible, incomplete, or otherwise not genuine.
- All entries must be received by Discovery in accordance with the Terms no later than Saturday 24 December 2016 at 23:59 (NZDT). No responsibility will be accepted by Discovery for late, lost or misdirected entries. All entries are deemed to be received at the time of receipt of the entry into Discovery’s database and NOT time of transmission by Participant. Discovery accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
- Discovery’s decisions are final and binding in all matters relating to this Contest. All entries are subject to verification of eligibility and full compliance with these Terms.
- All Entries will be judged on the basis of their creativity, originality and relevance to theme. The Participant with the best Entry on each day of the competition as decided by Discovery in its sole discretion will be named the Winner. The winning entries (“Winners“) stand to win the prizes set forth below (“Prizes”).
- The prize winners will be notified by email or telephone of the details regarding the collection of their prizes by Wednesday 28 December 2016 by 15:00 (NZDT). The winners must claim their prizes no later than Saturday 14 January 2017. In the event that for any reason whatsoever any winner does not or is not able to claim his/her prize by the stipulated time, whether due to a failure to comply with these Terms, or if the winner cannot be contacted from the details supplied on or before 15.00 NZDT, Saturday 14 January 2017, the prize will be deemed forfeited, and Discovery may select another winner from all of the remaining entries at its sole and absolute discretion. Non-compliance with these Terms and any other requirements communicated by Discovery to Participants may result in disqualification of the Participant and the selection of alternate winners at Discovery’s sole discretion.
- Discovery’s decision on Winners shall be final and binding and no correspondence will be entered into about the Contest (or any part of it) or winning entries.
- There are twelve (12) Prize Packs to be won, each comprising the following only:
– One (1) x Jamie Oliver’s Christmas Cookbook (RRP AUD39.00)
– One (1) x James Martin: More Home Comforts cookbook (RRP AUD38.00)
– One (1) x Simply Nigella: Feel Good Food cookbook (RRP AUD59.99)
The total value for each prize is AUD136.99
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF AUD1643.88
- Discovery accepts no responsibility for any variation in the prize value. Prizes awarded in this Contest may not be exchanged for cash or any other items, provided that Discovery reserves the absolute right to substitute any prize with another prize of similar value at its sole discretion. All prizes are strictly non‑transferable. Discovery may select another winner or winners from all of the remaining entries at its sole discretion. Substitution of prizes by the winners is prohibited. Discovery’s decision regarding the award of all prizes, and/or in every situation including any not covered in these Terms, shall be final and binding on all Participants, and no queries, challenges or appeals may be made or entertained. Where required by Discovery, Winner and any person sharing the prize with the Winners shall be required to complete official release forms or any other documentation as requested by Discovery prior to the receipt of the relevant prize(s), failing which Discovery reserves the right to forfeit the prize and dispose of the same as it deems fit. In the event that for any reason whatsoever a Winner does not take an element of the prize at the time stipulated by Discovery then that element of the Prize will be forfeited by Winner and cash will not be awarded in lieu of that element of the Prize. Once prizes have left Discovery’s premises, Discovery takes no responsibility for prizes damaged, delayed or lost in transit.
- Independent financial advice should be sought by Winner as tax implications may arise as a result of accepting the prize. Acceptance of any prize shall, to the extent permitted by law, constitute a full release and discharge of Discovery by each winner from any and all liability, claims, demands, causes of action, and/or damages which the winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the Contest, (ii) personal injury and/or property damage, theft or loss suffered by the winner as a result of the use and/or enjoyment of the prize, and/or (iii) any tax liabilities in relation to the Contest, prize and/or use or enjoyment of the same.
Use of Participant’s Information and Film
- Each Participant hereby grants his/her consent to Discovery:
- to collect personal data/information about him/her in respect of his/her participation in the Contest (“Personal Data“);
- to process Personal Data for purposes contemplated under the Contest; and
iii. to disclose Personal Data to Discovery’s related companies and other third parties on a need to know basis only with regard to the implementation and administration of the Contest.
- Acceptance of any prize shall constitute consent on the winner’s part to allow the use of the winner’s name, image, write-up, voice and/or likeness by Discovery for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law. By entering the Contest, Winner agrees to Discovery’s request, if any, for further photographs or a photo or film shoot at Discovery’s sole expense.
- All rights, title and interest in and to the Entry and any materials submitted by the Participants, including all intellectual property rights and moral rights thereto, shall automatically become the property of Discovery upon submission and may be communicated to the public by Discovery or used for promotional purposes. Participants agree to provide a written assignment of all rights to Discovery if requested. Discovery shall therefore have the free and unlimited right to edit, adapt, modify, reproduce, promote, distribute and otherwise use the photo(s) in and on any medium and/or platform (now known or hereafter devised) for whatever purpose in perpetuity. Participants shall not have any claim for, and shall not be entitled to any payment for the use, publishing or broadcasting the photo and its ancillary and derivative materials;
- Participants further warrant and represent that all Entries submitted: (i) do and will not, in any way, violate or breach any of the terms of any other agreement Participant may be a party to, (ii) do not contain libellous, slanderous, defamatory, tortious, or otherwise unlawful, untrue or inaccurate information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, including federal or state statute or regulation, (iii) are not obscene or in any other manner unlawful or likely to cause offense, (iv) are not in any way cruel, abusive, nor involved any injury or hurt being caused to animal(s), (v) are not contrary to or in breach of any internationally or generally accepted principles of human rights, and (vi) shall not require Discovery to pay or incur any sums to any person or entity as a result of Discovery’s use or exploitation of the same.
- Discovery is not responsible for any costs associated or incurred as a result of Participant’s entry into the Contest.
- Entrants release Facebook and its associated companies from all liability arising in respect of the Contest and acknowledge that:
- the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook;
- any information provided by the entrant in connection with the Contest is provided to Discovery and not to Facebook; and
iii. any questions, comments or complaints regarding the Contest will be directed to Discovery not to Facebook.
- Entry and continued participation in the Contest is dependent on Participants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php.
- This Contest adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php.
- Participants shall indemnify Discovery, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies, associates and partners against any and all claim, losses, costs, damages, liability and expenses arising out of the Participant’s breach of any of these Terms.
- To the extent permitted by applicable law, each Participant, by entering the Contest, expressly discharges and releases Discovery from any claim, action or demand arising out of or in connection with the Contest or their Prize.
Force Majeure and Technical Faults
- If for any reason this Contest is not capable of being carried out as planned, due to without limitation infection by any computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure, act of God, war (whether or not declared), political coup or insurrection, rebellion, labour dispute, fire, epidemic, storm, flood, typhoon, explosion, legal enactment, government directive, order or regulation, any law or regulation having force of law or any other reason or cause beyond the control of Discovery, which corrupts or affects the administration security, fairness or integrity or proper conduct of this Contest, Discovery reserves the right in its sole discretion to cancel, terminate, modify or suspend the process for this Contest without any liability to any Participant whatsoever, and to disqualify any individual who tampers with the entry process.
Discovery is not responsible for, and will not accept nor entertain any correspondence relating to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer software and/or equipment, failure of any e-mail account or any combination thereof that relates to or affects a Participant’s participation in the Contest.
- Discovery reserves the right in its sole discretion to disqualify any individual whom Discovery has reason to believe has breached any of these Terms, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Contest. Discovery’s legal rights to recover damages or other compensation from such an offender are reserved.
Modification of Terms
- Without liability and responsibility to all Participants, Discovery shall be entitled at its sole discretion, to terminate or modify the Contest or to modify these Terms at any time prior to the closing date of the Contest, by posting the revised Terms on the Website.
Limitation of Liability
- Discovery shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with the use of any prizes except for any liability which cannot be excluded by law.
- The Contest is a competition of skill; and therefore, does not require any permits from any authority in the territories listed at Clause 2 above.
– End of Terms and Conditions –