Terms & Conditions
Bulla and Funkita Giveaway Promotion ("Conditions of Entry")

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  1. Promoters:
  2. Promotional Period:
  3. Eligible entrants:
  4. How to Enter:
  5. Entries permitted:
  6. Winner Determination:
  7. Prize Details:
  8. Winner Notification:
  9. Unclaimed Prizes:
  10. Further Terms and Conditions:

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Terms & Conditions created using Promotion Wizard

Promoters:

The Trustee For Regal Cream Products Trust trading as Bulla Dairy Foods ABN 11 845 336 184, 15 Swann Drive, Derrimut, VIC 3030, Australia. Ph: 03 9931 7821;

and

Way Funky Company Pty Ltd. ABN 15 111 108 251. 358 Johnston Street, Abbotsford VIC 3065. Ph: 03 9419 8820

Promotional Period:

Start date: 20/10/20 at 09:00am AEDT

End date: 23/10/20 at 11.59pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over.

How to Enter:

To enter the Promotion, the entrant must, during the Promotional Period, visit the Funkita Facebook Page at www.facebook.com/Funkita and comment on the promotional post with an answer to the questions: ‘Which is your favourite product from the @BullaFamilyDairy collection, Crunch, Icy Pops or Splits and why? Plus, your favourite Funkita print from GelatOMG, Double Scoop or Ice Cream Queen’.

Entries permitted:

Only one (1) eligible entry per person will be accepted. By completing the entry method, the entrant will receive one (1) entry.

Winner Determination:

  • The winners will be determined by representatives of the Promoters. Each entry will be judged on the basis of the individual creative merit of the response provided to the following question: Which of the following is your favourite #funkita suite: GelatOMG, Double Scoop or Ice Cream Queen and why?
  • The best four (4) valid entries, as determined by the judges, will each win the $80 Funkita Gift Voucher prize. The next ten (10) best valid entries, as determined by the judges, will each win the 1-month supply of Bulla Ice Cream Voucher.
  • The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
  • The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.

Prize Details:

The following prizes are available to be won in this Promotion:

  • 4 x $80 Funkita Gift Vouchers to use at www.funkita.com or www.funkytrunks.com.
  • 10 x 1-month supply of Bulla Ice Cream Vouchers (worth $50 AUD each). Vouchers are in the form of a $50 Coles or Woolworths Voucher which the winner can nominate to receive based on their preference. Bulla Dairy equates the prize to one (1) month’s supply of Bulla ice cream based on one (1) 460mL tub of Bulla Murray St Ice Cream (RRP$10) per week for five (5) consecutive weeks.

There will be 14 winners in total, to receive only 1 of the above prizes each (e.g. 1 x $80 Funkita Voucher OR 1 x $50 Bulla Ice Cream Voucher).

Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.


Winner Notification:

Winners will be announced and notified via Facebook on 26/10/2020 and published on both the Funkita and Bulla Family Dairy Facebook Pages.

Unclaimed Prizes:

In the event of an unclaimed prize, the Promoters may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoters are under no obligation to award any unclaimed prize.

Further Terms and Conditions:

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry. Any capitalised terms used in these Conditions of Entry have the meaning given above, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoters and not at the time of transmission or deposit by the entrant. Records of the Promoters and their agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoters, their distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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. All reasonable attempts will be made to contact each winner.
  6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoters, or is unavailable, they forfeit the prize and the Promoters are not obliged to substitute the prize.
  7. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoters.
  8. If a prize (or portion of a prize) is unavailable the Promoters reserve the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
  9. No entry fee is charged by the Promoters to enter the Promotion.
  10. If there is a dispute as to the identity of an entrant or winner, the Promoters reserve the right, in its sole discretion, to determine the identity of the entrant or winner.
  11. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php). This Promotion 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. Any questions or comments regarding the Promotion must be directed to the Promoters, not to Facebook. The entrant releases Facebook and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.
  12. Winners' personal information will be collected by the Promoters. Personal information will be stored on the Promoters’ database. The Promoters are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.bullafoodservice.com.au/privacy-policy/ (for Bulla Dairy) and https://www.funkita.com/content/6-privacy-policy (for Way Funky). Each Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoters holds about them and how the entrant may complain about any potential breach by a Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoters collect personal information about the winners to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If a winner does not provide their personal information as requested, they may be ineligible to claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  13. The Promoters reserve the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoters determine in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoters in its absolute discretion, prior to receiving a prize.
  14. If a prize is provided to the Promoters by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoters. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoters accept no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  15. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  16. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoters, the Promoters may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.
  17. The Promoters reserve the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoters to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoters’ discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  18. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoters of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoters, their affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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. Entrants further agree, upon request by the Promoters, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoters and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoters will not be liable for any entries, to the extent permitted by law. The Promoters reserve the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoters will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoters pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoters will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoters for any breach of the Terms and Conditions including this clause.
  19. The Promoters reserve the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoters is final and binding on each entrant and no correspondence will be entered into.
  20. The Promoters and their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  21. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoters may use any such marketing and editorial material without further reference or compensation to them.
  22. The Promoters accept no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  23. Failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of these rights.