Pauls Professional Latte Art Competition

TERMS AND CONDITIONS

1. 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.

2. The promoter is Lactalis Australia Pty Ltd (ABN 56 072 928 879) of 35 Boundary St South Brisbane, Qld 4101 telephone 1800 676 961 (“Promoter”).

3. Entry is only open to Australian residents.

4. Entrants must be 18 years of age or over.

5. 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.

6. Promotion commences at 12.01am AEDST on 17/01/19 and ends at 5.00pm AEDST on 08/02/19 (“Promotional Period”).
7. To enter, individuals must complete the following steps during the Promotional Period:

  1. Online via Instagram
    1. Initial Entries via Instagram (from 17th January to 8th February 2019)
    2. Competitors must upload a photo or image to their Instagram page of their most creative latte art design or free pour using Pauls or Pauls Professional milk. No stencils, etching or additives such as chocolate may be used.
    3. Pauls or Pauls Professional Milk must be able to be seen in the final uploaded Instagram photo to be eligible.
    4. Competitors must follow and tag @paulsprofessional and also use the hashtag #paulsmilk #paulsprofessional
    5. The competitors Instagram account must be public and not set to private to be eligible.
  2. In Person at the Melbourne International Coffee Expo
    1. Competitors must come to the Lactalis Foodservice Stand (Stand 48) at the Melbourne International Coffee Expo from 7th February to 8th February 2019 within Expo published opening hours.
    2. Competitors will use the provided Pauls Professional Milk and coffee/espresso to pour their most creative latte art design or free pour into the provided Pauls Professional Cup. No stencils, etching or additives such as chocolate may be used.
    3. Competitors must upload a photo or image to their Instagram page of their design poured on stand.
    4. Entry is subject to availability of coffee machine on stand.
    5. Competitors must follow and tag @paulsprofessional and also use the hashtag #paulsmilk #paulsprofessional
    6. The competitors Instagram account must be public and not set to private to be eligible

8. Entries must be received by the Promoter during the Promotion Period. Online and at show entries are deemed to have been received at the time of posting to the competitors Instagram account and not at the time of transmission by the entrant.

9. Each entrant warrants to the Promoter that the entry they submit is an original creative work of the entrant that does not infringe on the rights of any third party. The content featured in each entry must comply with the provisions contained in clause 24.

10. All entries are subject to review by the Promoter for compliance with these Terms and Conditions. Entries must not contain prohibited or inappropriate content. Any entrant that submits such content will not be eligible to win.

11. Incomplete or indecipherable entries will be deemed invalid.

12. Multiple entries are not permitted and will be deemed invalid

13. 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, 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.

14. 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.

15. This is a game of skill and chance plays no part in determining the winners. First, second and third place winners will be individually judged based on contrast, symmetry, balance and difficulty of the latte art design of the entry provided in response to the promotional request and the judge’s decision will be final.

16. The Instagram favourite will be determined on amount of likes/shares and comments on the uploaded and tagged image/photo during the Promotional Period.

17. The judging will take place at Melbourne International Coffee Exhibition , Melbourne Convention and Exhibition Centre, 1 Convention Centre Place, South Wharf, Melbourne, 3006, on 09/02/19 at 9am AEDST. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.

18. The Promoter’s decision is final and no correspondence will be entered into.

19. The winners will be announced in the Promotional Post on the Pauls Professional Instagram page and also directly to the winners. Winners will requested to private message Pauls Professional (“Promoter”) Instagram Account in order to claim their prize.

20. The winners will receive the following prizes

  1. First Place – $1000 via EPTOS gift cards
  2. Second Place – $500 via EPTOS gift cards
  3. Third Place – $250 via EPTOS gift cards
  4. Instagram Favourite – $250 via EPTOS gift cards

21. The total prize pool for the competition is AUD 2,000 inc. GST.

22. If a prize, or element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant body, where required.

23. The prizes are not transferable or exchangeable and cannot be taken as cash.

24. Entrants agree they are fully responsible for any materials they submit via the promotion including but not limited to answers to the promotional question (“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:

  1. 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;
  2. their Content shall not contain viruses or cause injury or harm to any person or entity;
  3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  4. the Content is the original literary work of the entrant that does not infringe the rights of any third party;
  5. they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  6. 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.

25. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.

26. 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.

27. 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 manufactured, distributed and/or supplied by the Promoter.

28. 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.

29. Any cost associated with accessing the competition including phone calls, premium call costs, internet, relevant website, is the entrant’s responsibility and is dependent on the Internet service provider used.

30. The Promoter assumes no responsibility for:

  1. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;
  2. any theft, destruction or unauthorised access to, or alteration of such communications;
  3. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
  4. any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); or
  5. any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a prize.

31. 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, 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.

32. 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:

  1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
  2. any theft, unauthorised access or third party interference;
  3. 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;
  4. any variation in prize value to that stated in these Terms and Conditions; or
  5. taking and/or use of a prize.

33. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any loss or damage or third party claims in relation to breach of these terms.

34. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner or a winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

35. The Promoter accepts no responsibility for any taxation implications that may arise from winning of a prize. Independent financial advice should be sought.

36. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.parmalat.com.au/privacy-policy/ . In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.

37. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Statement of Rights and Responsibilities, which can be viewed at https://help.instagram.com/478745558852511.

38. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. 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 Instagram. Instagram 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.