Introduction – Plain English
The legal terms are below, but we wanted to make it as simple as possible to understand this competition.
The Nature’s Gift Dog of the Month competition celebrates and rewards Aussie pet owners.
The competition is in two stages – the first stage is to upload a photo of their pet dog during the promotional period to Instagram or the Nature’s Gift Facebook Page, with the hashtag #naturesgiftdog and a caption responding to the question: “Why should your dog be Nature’s Gift Dog of the Month?” A valid entry that is provisionally judged the best will then be asked to provide 4 x smartphone quality videos clips of their dog, 1 x video of their pet dog eating a Nature’s Gift product as well as 3 x photos of their dog (at least one with a visible Nature’s Gift product), in order to qualify for the prize for the month.
If the first winner is unable or unwilling to provide these videos and photos, the next best entry will be provisionally nominated as the winner, pending their delivery of the same video and photo media.
The videos will be used to promote the competition, alongside the Nature’s Gift brand, and may remain on any Nature’s Gift digital platform in perpetuity. This does NOT include things like television or billboards. Any supplied videos or photos will not be used in paid advertisements or promotions after 12 months from the end of the entry period.
Entering into this competition means you grant the required usage rights to Nature’s Gift (ie. the Promoter); you understand that to win the AUD$1,000 and the Nature’s Gift Hamper you will need to supply extra videos and photos after the entry period, and; you are the original owner of the photos and competition entry content and entitled to supply these to Nature’s Gift for such use.
OK, onto the boring legal stuff!
Terms & Conditions
- Information on how to enter the Nature's Gift Pet of the Month competition (“ Promotion ”), the prizes and rules for redeeming the prizes form part of these terms and conditions. Participation in this Promotion is deemed acceptance of these terms and conditions.
- Any entry that does not comply with these terms and conditions is invalid. Incomplete, indecipherable or illegible entries will be deemed invalid.
- Entry is open to Australian residents who are 16 years of age or older on the date of entry (“ Eligible Entrants ”). Eligible Entrants who are under the age of 18 years old on the date of entry must have parental or guardian approval to enter the Promotion and the parent or guardian of the Eligible Entrant must read and consent to these terms and conditions.Parents/guardians of Eligible Entrants under the age of 18 years old may be required by Real Pet Food Company Pty Ltd (known also as ‘Nature’s Gift), (“ Promoter ”) to enter into a further agreement as evidence of consent to the minor entering the Promotion.
- Employees of the Promoter or its associated companies, employees of any agencies associated with this Promotion and the immediate families of any such employees are not eligible to enter.
- The Promotion commences at 12:00am AEST on July 1, 2019 and concludes at 11:59pm AEST on July 31, 2019 (“ Promotional Period ”).
- To enter, Eligible Entrants must participate in the social media photo competition described in clause
- To participate in the Promotion, Eligible Entrants must upload a photo of their pet dog duringthe promotional period to Instagram or the Nature’s Gift Facebook Page ( https://www.facebook.com/NaturesGiftAustralia ), with the hashtag #naturesgiftdog and a caption responding to the question: “Why should your dog be Nature’s Gift Dog of the Month?”
- It is up to Entrants to ensure their profile has appropriate privacy settings so that their entry can be viewed or accessed for judging.
- All entries must be received by 11:59pm AEST on July 30, 2019.
- Entrants may enter once a day during the Promotional Period. By entering the Promotion, each entrant warrants to the Promoter that in respect of each of the copyright works contained in their entry:
- it does not infringe the rights of any third party and all efforts have been taken to avoid any such infringement including by adequately obscuring any copyright works depicted in the entry such as logos or brands;
- it does not contain any trade marks, except those of the Promoter;
- they own the copyright in those works and are entitled to submit the works as part of, and for the purposes of, the Promotion; and
- they are the author of the works.
- Entrants consent to any use of their entry that may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth), including to the Promoter’s use of all copyright works comprised in their entry:
- without attribution to the entrant;
- with changes to the work of any kind; and
- in advertising and any other promotion of the Promoter and its products.
- As a condition of entry, each Eligible Entrant must assign to the Promoter all copyright held by the Eligible Entrant in the works.
- By entering the Promotion, each entrant warrants that each entry is not offensive, inappropriate, defamatory, does not infringe the rights of any third party including copyright or trade mark rights, or is not otherwise against the law. The Promoter may, in its sole discretion, edit entries including to obscure brands or logos, or any other copyright works or trademarks. The Promoter may, in its sole discretion, take down an entry from any platform, or disqualify an entrant for an entry, that it deems to be offensive, inappropriate, defamatory, that infringes the rights of any third party including copyright or trade mark rights, or is otherwise against the law.
- Entries are deemed to be received at the time specified on the time stamp of the entry on the relevant social media platform, and not at the time of submission by the entrant. The Promoter is not responsible for failure to receive any entry, whether for any cause beyond its control or otherwise.
- All valid entries received during the Promotional Period will be judged by representatives of the Promoter at 10am on August 6, 2019 at 61-63 Great Buckingham Street, Redfern, New South Wales.
- The valid entry that best meets the criteria set out in clause 18 during the Promotional Period, as decided by the Promoter will be the Provisional Winner
- The Provisional Winner will be invited to supply the following in order to secure their prize (“ Supplementary Media ”):
- Three (3) videos of their pet dog, showcasing “a day in the life of their family pet”,
- One (1) video of their pet dog eating a Nature’s Gift product, and
- Three (3) photos of their pet dog, at least one of which includes a visible Nature’s Gift product pack.
- The Supplementary Media needs to be supplied in accordance with a creative production brief (“ Brief ”) that will be provided to the Provisional Winner.
- Upon successful receipt of the Supplementary Media, in accordance with the Brief, the Provisional Winner will be considered the Final Winner, and will be awarded AUD$1,000 and a “Nature’s Gift Product Hamper” (“ Prize ”). The Winner’s name will be published by the Promoter’s account on Facebook.
- After judging, the Provisional Winner will be notified promptly via reply or comment on their entry. This message will provide the details of the Brief.
- The Competition is a game of skill and chance plays no part in determining the Winner. Each valid entry will be individually judged by the Promoter according to its merits based on the creativity of the entry and adherence to the guide outlined in clause 7.
- The Promoter will conduct an unclaimed prize allocation on September 1, 2019 to distribute the Prize unclaimed by that date, subject to any written directions given by any relevant gaming authority. The next best entry as the unclaimed Prize, in accordance with the criteria set out in clause 18, will win the Prize.
- The total prize pool is valued at AUD$1,150 (GST inclusive). The Prize is not transferable, and non-cash items are not redeemable in cash.
- If a winner is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian on their behalf.
- All decisions made by the Promoter are final and no correspondence will be entered into.
- The Promoter may engage third party providers to assist in completing fulfillment of the prizes.
- The Promoter may verify the validity of entries, including entrants’ identity, age and home address. The Promoter may also disqualify any entrant, including any entrant who tampers with the entry process, or who submits an entry that the Promoter in its sole discretion deems to be offensive, inappropriate, defamatory, or otherwise not in keeping with the spirit of the Promotion.
- The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter and its associated agencies and companies will not be liable for any problem or technical malfunction of any telephone, computer network, line, servers, or telephone or internet provider, traffic congestion on any computer network, or any combination thereof. They will also not be liable for any injury or damage to an entrant’s, or any other person's, computer or other communication device related to or resulting from their participation in, or sending or receiving of any communication or other materials as part of, this Promotion.
- If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated for any reason beyond the reasonable control of the Promoter, including but not limited to a computer virus, mobile phone failure, line drop outs, bugs, tampering, fraud, technical difficulties or unauthorised intervention, each Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
- to disqualify any entrant; or
- subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- The use of any software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- Any cost associated with accessing the promotional websites and social media accounts is the entrant’s responsibility and is dependent on the Internet service provider used.
- The Promoter and its associated agencies and companies are not liable for any loss or damage, including indirect or consequential loss or damage, or personal injury suffered during the course of accepting or using any prize or arising in any way out of the Promotion, except for any liability that cannot be excluded by law.
- If for any reason a winner does not take or claim a prize (or an element of the prize) at the time stipulated by the Promoter, then that (or that element of the prize) will be forfeited and will not be redeemable for cash.
- Prizes will only be delivered in Australia and winners should allow 28 days for delivery of their prize.
- As a condition of entry, each entrant must sign any legal documentation as, and in the form, required by the Promoter and entities associated with the Promotion and/or prize suppliers in their absolute discretion, including, but not limited to, a copyright assignment, a legal release and indemnity form.
- The Promoter collects personal information from entrants in this Promotion in order to conduct the Promotion and will not use or disclose such information except to conduct the Promotion and in using the entrant’s name and image. Entrants should direct any request to access, update or correct information to the Promoter. Each entrant consents, and has obtained the consent of all other individuals appearing in their entry, to his or her entry being used as permitted by these terms and conditions.
- If the Promotion is not able to be run as planned, whether through tampering, unauthorised intervention, fraud, technical failures or other cause beyond the control of the Promoter which affects the administration, security, fairness or integrity of the Promotion, the Promoter may cancel, terminate, modify or suspend the Promotion subject to State legislation.
- Each entrant indemnifies the Promoter against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Promoter in relation to any breach by the entrant of its obligations under these terms and conditions, except to the extent that the liabilities, damages, losses, costs and expenses are caused or contributed to by the negligence of the Promoter.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The Promoter is Real Pet Food Company Pty. Ltd. (ABN 54 618 564 257), located at 39 Albany St, Crows Nest NSW 2065. Consumer Hotline (Australia Only): 1800 732 573. Lines open between 8:30am to 5:00pm, Monday to Friday (AEST).