“Caption This Photo” PROMOTION

  1. The Promotion and Promoter’s Details 
    1. Information on ‘how to enter’ and ‘prize’ form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
    2. The Promotion commences 9:00am AEDT 1/12/2019 and closes at 11:59pm AEDT 14/12/2020 (Promotional Period). Promotion consists of 11 monthly minor prize winners and 1 Major prize winner, outlined in table under clause 5 (2).
    3. The Promoter is Flowers Magazine ABN 47 156 139 632 of PO BOX 456, Gordonvale, QLD 4865 (Promoter).
    4. The Promotion is a game of skill and chance plays no part in determining the winner.
  2. Eligibility 
    1. The Promotion is only open to Eligible Entrants. Subject to clause 3 (2), an “Eligible Entrant” is an individual who: (i) is a resident of Australia who is aged 18 years or over; and (ii) is an active subscriber to the Flowers Magazine service; and (iv) captions the competition photo on the Promoter’s website.
    2. Directors, management and employees (and their families) of the Promoter, the Promoter’s related bodies corporate and its agencies directly associated with this Promotion are ineligible to enter.
  3. How to Enter 
    1. During the Promotional Period, an Eligible Entrant needs to caption the photo in 25 words or less.
    2. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way.
    3. An Eligible Entrant must not post any captions which: 
      1. is obscene, vulgar, pornographic, hateful, threatening, racist, sexist, discriminatory, or which otherwise violates any local or international laws;
      2. is inaccurate or misleading or deceptive in any material respect;
      3. for which a third party holds the intellectual property rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for any purpose;
      4. is in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others; or
      5. that may be used in connection with spamming, phishing, trolling or similar activities.
    4. An Eligible Entrant who submits a valid entry will be an “Entrant” and their entry will be judged in accordance with clause 5. 
    5. Any cost associated with accessing the internet is the Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
    6. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age, Flowers Magazine subscription status and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete or indecipherable entries will be deemed invalid.
  4. The Prize 
    1. The Promoter is offering Entrants the chance to win one of eleven $50 Gift Cards (Minor Prize) and one Holiday to Cairns, QLD valued at $3,000 (Major Prize). The Minor Prize and Major Prizes are offered ‘as is’ and may not be transferred, exchanged or redeemed for cash.
    2. The Minor Prize will be sent to the Winner via express post. The Promoter accepts no responsibility for lost, misdirected or uncollected mail, and an undelivered Prize will not be replaced.
    3. The Major Prize will be sent to the Winner via registered post. The Promoter accepts no responsibility for lost, misdirected or uncollected mail, and an undelivered Prize will not be replaced.
    4. Use of the Minor Prize is subject to the following Terms and Conditions: http://www.giftcards.com.au/Gift-Card-Terms-of-Use.aspx
  5. HOW TO WIN 
    1. Each valid entry will be individually judged by the Promoter to determine the best caption based on the following criteria: creativity and originality.
    2. The Promoter will judge the Minor Prize winner (Minor Winner) based on the judging criteria in clause 5 (1), at its discretion and the decision will be final and binding on the Entrants and no further communication will be entered into. The judging will take place at the Promoter’s premises on the 5th of each Month up until December 1st, 2020.
    3. The Major Prize will be judged an online public vote held during the 1st to the 14th of December and announced on the 15th.
    4. The Minor Winners will be notified in writing by email. The Major Winner will be notified in writing by email. The Winner will be announced on the Promoter’s Facebook page and on the Promoter’s website at www.flowersmagazine.com.au.
  6. Privacy and Use of Entries 
    1. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. Personal information will only be used to contact and announce the winners. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. If you require access to your personal information email editor@flowersmagazine.com.au. For privacy Policy: www.flowersmagazine.com.au/privacy-policy
    2. By entering a caption, an Entrant grants to the Promoter a non-exclusive right to reproduce it for any purpose at any time in any media with attribution. For example, the Promoter may use an Entrant’s caption in online articles on www.flowersmagazine.com.au or in the Flowers Magazine print and e-Mag publication.
  7. Liability
    1. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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) use of a Prize.
  8. Facebook Release
    1. All Entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this Promotion.  This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering this Promotion, Entrants are providing information to Direct Connect Australia and not to Facebook. This promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: https://www.facebook.com/page_guidelines.php
  9. Variations 
    1. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
    2. The Promoter reserves the right to update these Terms and Conditions from time to time for administrative reasons or to ensure efficient operation of the Promotion. Changes will be posted on the Promoter’s website at www.flowersmagazine.com.au
  10. GENERAL 
    1. Failure by the Promoter to enforce any one of these Terms and Conditions in any instance(s) will not give rise to any claim or right of action by any Entrant or Winner or other person.
    2. The laws of Queensland apply to this Promotion.