Competitions: Terms and Conditions

From time to time, Barker’s holds competitions and promotions where Terms & Conditions apply.

Current Competitions

“Barker’s x Bulla 2021” COMPETITION

Open: Australian residents and with an Australian delivery address only due to product availability and delivery constraints.

To enter:⁠
– Post a picture or video of your creation on your feed with the hashtag #BarkersxBulla⁠
– Tag @_jesslemon_ @barkersofnz and @bullafamilydairy in both the photo and caption⁠

  1. Instructions on how to participate and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.

 

  1. Entry is only open to Australian residents aged 18 years or over. 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.

 

  1. Promotion commences for recipe posted from 14/06/2021 and closes at 11:59pm AEST on 30/07/2021 (“Posting Period”).

 

  1. To be eligible to enter, individuals must recreate one or more of the three Barker’s x Bulla recipes originally posted by @_JessLemon_ and post one or more image and/or video of their recreation to their Instagram account with the hashtag #BarkersxBulla in the caption during the Posting Period.

 

  1. Multiple entries are permitted, subject to the following: (a) each post is visible to public; (b) each entry must be posted separately; and (c) each entry must contain a different recipe.

 

  1. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram 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 Instagram.

 

  1. 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.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. 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.

 

  1. This is a game of skill. Chance plays no part in determining the winners. Each entry will be individually judged, based upon individual creative merit and quality of content posted. Entries must not have been posted previously and/or have been used to win prizes in any other competitions. The selection of the winners will take place at Andros Barker’s, 231-233 Park St, South Melbourne VIC 3025 on 02/08/2021 at 12:00pm (noon) AEST. The Promoter may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is selected. The three (3) winners will be notified via Instagram within two (2) business days of judging and their names will be announced online at https://www.barkers.com.au/competitions-terms-conditions/.

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. The best three (3) valid entries, as determined by the judges, will win: 1) Barkers product pack valued at $100 including ten (10) Barker’s NZ Dessert Sauces, Barker’s NZ Apron, Ice Cream Scoop; and 2) $100 Coles or Woolworths voucher. The prizes will be delivered to the winner’s residential address by post.

 

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

 

  1. In the event of an unclaimed prize, the Promoter 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 Promoter is under no obligation to award any unclaimed prize.

 

  1. If for any reason the winner does not take or claim the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

 

  1. If the prize (or part of the 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.

 

  1. The prize, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash.

 

  1. Total prize pool value is $600.

 

  1. 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.

 

  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, including but not limited to technical difficulties, unauthorized 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

  1. Any cost associated with recreating the recipe, photographing, filming and posting to Instagram is the entrant’s responsibility.

 

  1. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to images/photos, videos, comments, and recordings (“Content”). The Promoter and The Trustee For Regal Cream Products Trust trading as Bulla Dairy Foods ABN 11 845 336 184, 15 Swann Drive, Derrimut, VIC 3030, Australia (“Bulla”) shall not be liable in any way for such Content to the full extent permitted by law. The Promoter and Bulla may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter and Bulla 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;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
  • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

 

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and Bulla for any breach of the above terms.

 

  1. As a condition of entering this promotion, each entrant licenses and grants the Promoter and Bulla, their 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.

 

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Bulla (including their 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 or Bulla’s control); (b) any theft, unauthorized 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 or Bulla) due to any reason beyond the reasonable control of the Promoter and Bulla; (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.

 

  1. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may share your PI with their related bodies corporate and agents for the purposes outlined in its Privacy Policy. This may involve the transfer of your PI outside Australia.

 

  1. The Promoter is Andros Barker’s Australia Pty Ltd (ABN 74 090 731 427) of 231-233 Park St, South Melbourne VIC 3025 Australia, telephone: 1800 145 745.

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