Eugene’s Cafe Instagram Fortnightly UGC Giveaway Terms & Conditions

 

Competition Terms

 

1. This competition commences at 12:01am AEST beginning SATURDAY 18TH AUGUST 2018. 1 winner will be drawn for the period of 18TH AUGUST TO 31ST AUGUST, 2 winners in September, 2 winners in October, and 1 winner for the period 1ST NOVEMBER TO 15TH NOVEMBER. The winners will be announced at 5pm the next nearest business day after judging.

2. This competition is made available by Eugene’s Cafe to Australian customers only.

 

Eligibility

 

3. Entry is only open to Australian residents – where a winner is under 18 years of age, prizes will be awarded only if the consent of their legal guardian is first given and obtained (“Eligible Entrant”).

4. Employees (and their immediate families) of Eugene’s Cafe, Influencers, Insiders and agencies or associated with this competition 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.

 

Competition Details

 

5. To qualify, an Eligible Entrant must share a photo of their plated Eugene’s Cafe take home meal on Instagram using the hashtag #EugenesAtMine. One photo will be selected each fortnight to receive 1 x pack of 7 take home meals, to be chosen from the Take Home Meal menu by the winner in agreement with Eugene’s Cafe. Entries must be published from the user’s Instagram account and it must be a public post in order to be eligible.

6. This is a game of skill where the most creative entry will win at the judge’s discretion.

7. By entering this competition, you warrant that your entry is your own original creation of the entrant and is not:

a. that of a third-party; or

b. Owned (in any way) by a third party.

8. There is no limit to the amount of entries per Instagram account/per person

9. It is the sole responsibility of the entrant to seek all permissions related to any content submitted. Eugene’s Cafe takes no responsibility in images used that are copyright or of another individual where permission was not sought.

10. Eugene’s Cafe reserves the right to re-use all competition entries on their social channels.

11. All entries that are incomplete, illegible, damaged, contain an erroneous phone and/or email address, contain inappropriate or offensive content, or do not conform to or satisfy any condition of the rules may be disqualified by Eugene’s Cafe at its sole discretion.

12.   Following the conclusion of the competition on the Closing Date, Eugene’s Cafe will select the most creative entry as the winner. The judging will take place at 11/60 Carrington Street, Sydney 2000. The winning entry will be announced via Eugene’s Cafe Instagram and Facebook, and also on the original post of the content, and also by private message on Instagram. In order to claim the prize the winner will need to provide their email address for further communication. The winner must claim their prize by responding via private message to the @EugenesBronte Instagram account no more than 3 weeks after the judging date.

13. In the event of prizes being unclaimed, further judging will take place to determine the replacement winning entry. Any further judging will take place at Eugene’s Cafe (as listed above), 3 weeks after the original prize judging date. The replacement winning entry will be notified by email on the same day.

14.   The winning entrant shall receive the following:

7 Eugene’s Cafe Take Home Meals (to a maximum value of AUD$140). Pick-up or delivery to be confirmed via email. Delivery is available only to entrants from the Sydney Eastern Suburbs area.

15. The prize must be accepted as awarded and are not transferable, substitutable for alternative item, or otherwise redeemable for cash.

16. 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) taking/use of and/or participation in a prize.

17. Eugene’s Cafe’s decisions on all matters pertaining to this competition are final and binding and no correspondence will be entered into, except as otherwise stated in these terms and conditions.

18.   For any questions regarding this competition (including any entrants submitted) must be directed to socialmedia@digivizer.com (and not the administrators of any entry platform). Please ensure you keep a copy of all documentation.

 

Other Terms

  1. This competition is not valid in conjunction with any other offer or competition by Eugene’s Cafe.

  2. Prizes are not redeemable for cash, transferable or exchangeable.

  3. Eugene’s Cafe reserves the right, at any time, to amend these Terms and Conditions or verify the validity of Team entrants and to disqualify any entrant that is not in accordance with these Terms and Conditions. Failure by Eugene’s Cafe to enforce any of its rights at any stage does not constitute a waiver of those rights. If there is a dispute, Eugene’s Cafe reserves the right, in its sole discretion, to determine the validity of the claim made.

  4. Incomplete, indecipherable or illegible entries will be deemed invalid at Eugene’s Cafe’s absolute discretion.

  5. If there is a dispute as to the identity of an entrant, Eugene’s Cafe reserves the right, in its sole discretion, to determine the identity of the entrant.

  6. Eugene’s Cafe makes every effort to ensure the accuracy of all information but takes no responsibility for any editorial, photographic or typographic errors.

  7. Eugene’s Cafe reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

  8. Eugene’s Cafe does not accept any responsibility for misleading or incorrect information provided by a distributor or reseller regarding this competition.

  9. Any cost associated with accessing the competition website is the entrant’s responsibility and is dependent on the Internet service provider used.

  10. The prize is inclusive of all taxes.

  11. Entrants consent to Eugene’s Cafe using their names, words, images (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Eugene’s Cafe.

  12. 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 2010 (Cth), as well as any other implied warranties under other consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Eugene’s Cafe (including its respective officers, employees and agents) excludes all liability (including negligence) whatsoever which is suffered, including 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 competition. In addition, all entrants release Facebook, Instagram and Google from any liability incurred by entrants in conjunction with this competition.

  13. Without limiting the above paragraph, Eugene’s Cafe as well as its associated agencies and companies are not liable for any loss (including, without limitation, indirect or consequential loss), sickness, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence) in connection with the prize or use of the prize. This excludes any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

  14. Eugene’s Cafe reserves the right, in their sole discretion, to disqualify any individual they find to be:

      1. Tampering with the operation of the competition or any website related to the competition (including by creating multiple accounts);

      2. Engaging in conduct in breach of any platform’s terms and conditions;

      3. to be acting in violation of these terms and conditions; or

      4. to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with the competition.

  15. These Terms and Conditions shall be governed and construed in accordance with the laws and courts of New South Wales, Australia.

  16. This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Google (and its affiliates) or otherwise,

  17. Eugene’s Cafe and the Eugene’s Cafe logo are trademarks or registered trademarks of Eugene’s Cafe. ©2018 Eugene’s Cafe. All rights reserved.