TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. This promotion will be conducted and organised by Icon International Communications Pty Ltd (ABN 13 093 738 348) of 439-441 Kent Street, Sydney NSW 2000, telephone: 02 8235 7600 (“Organiser”), on behalf of Almond Breeze, Blue Diamond Growers, 1802 C Stree, Sacramento CS USA CA95811) (“Almond Breeze”).
3. Entry is only open to Australian residents aged 18 years or over.
4. Employees (and their immediate families) of the Organiser, Almond Breeze 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 Wednesday 11th October and ends at 11:59pm AEDT/AEST on Saturday 14th October (“Promotional Period”).
6. To enter, individuals must, during the Promotional Period, follow the Almond Breeze Australia Instagram page (@almondbreezeau) (“Instagram Page”), locate the promotional post on the Instagram Page and post a comment on that promotional post which includes at least one (1) tag of another Instagram user (i.e. a friend and/or family member).
8. The Organiser 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 Organiser 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 Organiser’s discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights. The Organiser’s legal rights to recover damages or other compensation from such an offender are reserved.
9. Incomplete, indecipherable or illegible entries will be deemed invalid.
10. Only one (1) entry permitted per person.
11. If there is a dispute as to the identity of an entrant, the Organiser reserves the right, in its sole discretion, to determine the identity of the entrant.
12. The draw will take place at Icon International Communications, 439-441 Kent Street, Sydney NSW 2000 on Monday 16th October at 11am AEDT/AEST. The Organiser may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing/Instagram Direct Message within two (2) business days of the draw.
13. The Organiser’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win the following Almond Breeze prize pack valued at $262.77:
• Almond Breeze branded wooden garden swing with attached rope;
• 1 x 1L carton of Almond Breeze chocolate;
• 1 x 1L carton of Almond breeze unsweetened
• 1 x Almond Breeze branded keep cup; and
• 1 x Almond Breeze branded blanket.
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take / redeem the prize (or an element of the prize) by the time stipulated by the Organiser, then the prize (or that element of the prize) will be forfeited.
16. If the prize (or part of the prize) is unavailable, the Organiser, 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, subject to any written directions from a regulatory authority.
17. Total prize pool value is $262.77.
18. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
19. A draw for the prize, if unclaimed, may take place on Thursday 16th November at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner will be notified in writing/Instagram Direct Message within two (2) business days of the draw.
20. Entrants consent to the Organiser and Almond Breeze 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 Almond Breeze.
21. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Organiser and Almond Breeze and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Organiser and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
22. 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 Organiser or Almond Breeze, including but not limited to technical difficulties, unauthorised intervention or fraud, the Organiser 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.
23. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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 Organiser and Almond Breeze (including their respective officers, employees and agents) exclude 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.
24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Organiser and Almond Breeze (including their respective officers, employees and agents) are not responsible for and exclude 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 Organiser’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 Organiser) due to any reason beyond the reasonable control of the Organiser; (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 the prize.