Thankyou Water Social Competition

TERMS AND CONDITIONS

1.            Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2.            Entry is only open to Australian residents aged 13 years or over. Entrants aged between 13 and 17 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

3.            Employees (and their immediate families) of the Promoter, 7-Eleven stores 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.

4.            The promotion commences at 12:01am AEDST on 03/03/2017 and final entries close at 11:59pm AEDST on 09/03/2017 (“Promotional Period”).

5.            To be eligible to enter, individuals must create an original and creative photograph of their Thankyou water bottle (“Photograph”).

6.            To enter, individuals must then complete the following entry method during the Promotional Period:

Facebook Entry: post the Photograph in the comment section of the 7-Eleven March Thankyou Water Competition Facebook post.

The public profile of the Facebook account used to enter must contain sufficient personally identifiable information to adequately identify the entrant.

Each entrant warrants to the Promoter that the Photograph 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 entries must comply with and are subject to the provisions contained in clause 22.

7.            Incomplete or indecipherable entries will be deemed invalid.

8.            Only one entry is permitted per person.

9.            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.

10.          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.

11.          This is a game of skill and chance plays no part in determining the winner.  Each entry will be individually judged against all other entries received during the Promotional Period based on the originality and creative merit of the Photograph submitted.

12.         Winning entry: the judges will determine the best 20 winning entries based on the originality and creative merit of the Photograph submitted who will each receive the following prize: 1 x personalised monogrammed Frank Green water bottle.

13.          The judges may select additional reserve entries, which they determine to be the next best, and record them in order of merit, in case an invalid entry or ineligible entrant is selected as a provisional winner.

14.          Winners will be announced within 7 days after the end of the Promotional Period.  Each winner will be notified by way of a comment on their winning entry (i.e. the Photograph). The winner will then be required to contact the Promoter within seven (7) days of notification in order to organise delivery of their prize. If the winner does not contact the Promoter within seven (7) days of notification, they will forfeit the prize.

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

16.          If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.

17.          As a condition of accepting the prize, each winner must 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. In the event the winner 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.

18.          If for any reason a winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.

19.          If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

20.          Total prize pool value is $1000.

21.          The prize is not transferable or exchangeable and cannot be taken as cash.

22.          Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Photographs and comments (“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:

(a)  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;

(b)  their Content shall not contain viruses or cause injury or harm to any person or entity;

(c)  they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d)  the Content is the original artistic work of the entrant that does not infringe the rights of any third party;

(e)  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

(f)   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.

23.          As a condition of entering this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry (which shall include Content) to the Promoter, and to execute any documents to confirm such assignment. In the event an entrant is under the age of 18, a nominated parent or legal guardian of the entrant will be required to sign the documentation required under this clause, on behalf of the entrant.

24.          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.

25.          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.

26.          Any cost associated with accessing Facebook is the entrant’s responsibility and is dependent on the Internet service provider used.

27.          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 States 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.

28.          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) any tax liability incurred by the winner or an entrant; or (f) taking and/or use of the prize.

29.          Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with either the Facebook Terms of Use (which can be viewed at https://en-gb.facebook.com/legal/terms/update).

30.          This promotion is in no way sponsored, endorsed or administered by, or associated with, 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.

31.          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 and prize suppliers. 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 http://www.7eleven.com.au. 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. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

32.          The Promoter is 7-Eleven Stores Pty Ltd (ABN 48 005 299 427) of 375 Ferntree Gully Rd, Mount Waverley VIC 3149, telephone (03) 9541 0820.