TERMS & CONDITIONS - 22 APRIL 2018
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 McCormick Foods Australia Pty Ltd, trading as Aeroplane Jelly Company (ABN 62 004 763 259) of 63 Fairbank Rd, Clayton South, Victoria, 3169 (“Promoter”).
3. Entry is only open to Australian residents who are enrolled in a primary school in Australia (i.e. Prep/K to Grade 6). Entrants 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.
4. 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.
5. Promotion commences on 01/05/2018 and ends at 11:59pm AEST on 30/07/2018 (“Promotional Period”).
6. To enter, eligible individuals must complete the following steps during the Promotional Period:
Each entrant warrants to the Promoter that the Video 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 26.
7. Once individuals have submitted a Video, they will have their Video uploaded onto www.aeroplanejelly.com.au for public viewing. All Videos will be reviewed by the Promoter for compliance with these Terms and Conditions prior to being uploaded. Videos 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in breach of these Terms and Conditions, as determined by the Promoter, may, at the discretion of the Promoter, not be published or removed from the website at any time.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.
8. Incomplete, indecipherable, or inaudible entries will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) each entry (i.e. Video) must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. 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.
11. 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.
12. This is a game of skill and chance plays no part in determining the winners.
13. At the end of the Promotional Period, entries will be divided into the following five (5) groups based on the entrant’s State/Territory of residence (each a “State/Territory Group”): (1) QLD; (2) VIC/TAS; (3) ACT/NSW; (4) WA; and (5) SA/NT. The entries received in each State/Territory Group will then be further divided into the following three (3) groups based on the entrant’s primary school grade (each a “State/Territory Grade Group”): (1) Prep/K to Grade 2; (2) Grade 3 & Grade 4; and (3) Grade 5 & Grade 6.
14. The entries received in each State/Territory Grade Group will be individually judged against all other entries in that State/Territory Grade Group based on the originality and creative merit of the paper plane designed/created by the entrant as shown through their 90 second video and their explanation of why they think they have created the best Aeroplane Jelly paper plane design, judges will assess how well the entrant narrated the steps involved in folding their paper plane, and how well their paper plane flew through the air. The judges may select additional reserve entries in each State/Territory Grade Group which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
15. The best valid entry in each State/Territory Grade Group, as determined by the judges based on the criteria outlined in clause 14, will each win a copy of the Paper Planes Movie, signed by Dylan Parker of the Paper Pilots, a $50 Aeroplane Hamper with exact contents of hamper determined by the Promoter in its absolute discretion and a $50 CleverPatch Gift Voucher (“Grade Prize”). A total of fifteen (15) Grade Prizes will be awarded (i.e. three (3) per State/Territory Group).
16. The Promoter will then judge the entries received from the Grade Prize winners in each State/Territory Group against all other Grade Prize winners in that State/Territory Group based on the criteria outlined in clause 14.
17. The best valid entry in each State/Territory Group, as determined by the judges, will each win an Aeroplane Jelly hamper, valued at $100, with exact contents of hamper determined by the Promoter in its absolute discretion (“State/Territory Prize”). A total of five (5) State/Territory Prizes will be awarded (i.e. one (1) per State/Territory Group).
18. In addition to the above, each State/Territory Group winner will have each of their planes constructed and tested by Dylan Parker of Paper Pilots. Dylan will create each plane by following the instructions in each State/Territory Group winner’s initial Video entry. Dylan will then determine which plane flies the farthest and rank each plane in order. The testing will take place in an internal environment to ensure all planes are tested under the same conditions, and will be completed no later than 31/08/2018.
19. The best overall entry, as determined by Dylan Parker in accordance with clause 18 above, will be declared the “National Winner” and will win: (i) a $250 CleverPatch Gift Voucher for themselves; (ii) a $250 CleverPatch Gift Voucher for their primary school; and (iii) the opportunity to have the Paper Pilots visit their primary school, valued at $2,200 (“National Prize”). The exact date and duration of the visit from the Paper Pilots will be determined by the Paper Pilots and the Promoter in consultation with the National Prize winner’s primary school, however, it will occur in Term 4, 2018. In the event the National Prize winner’s primary school is unwilling to accept the prize, the prize will be forfeited and will not be redeemable for cash. In the event the Promoter’s date is unacceptable to the school, the school may forfeit the prize and the Promoter will select another winner.
20. Gift Vouchers are only redeemable online at www.cleverpatch.com.au. Any ancillary costs associated with redeeming a Gift Voucher are not included. Any unused balance of a Gift Voucher will not be awarded as cash. Redemption of the Gift Voucher is subject to any terms and conditions of the issuer including those specified on the Gift Voucher.
21. The winners will be notified by telephone and email.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. If for any reason a winner does not take/redeem a prize (or part of a prize) at/by the time stipulated by the Promoter, then the prize (or that part of the prize) will be forfeited.
24. If any prize (or part of any prize) is unavailable, 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.
25. The prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.
26. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Videos and paper plane names (“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;
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
27. 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.
28. 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.
29. 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.
30. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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 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.
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: (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 a winner or entrant; or (f) any prize.