Capilano Honey Lovers Competition Terms & Conditions

Capilano Honey Lovers Competition

May 23, 2023 – June 30, 2023

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. Entry is only open to Australian residents aged 13 years or over. Individuals must have a Facebook account in order to access the social media-run promotion via Capilano.
3. Entrants younger than 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by Capilano to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. Employees, honey suppliers and their immediate families, of Capilano and any 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. The promotional period commences at 09:00 AM AEST on 23.05.2023 and remains an ongoing promotion until 30.06.2023 11:59 PM AEST
   a. Winners will be direct messaged by Capilano honey as outlined in (6) to confirm prize delivery by 30.07.2023
6. To enter, individuals must complete the following steps during the Promotional Period:
   a. On Facebook, sign up to Capilano Honey Lovers Club via the form provided
   b. Remain an active member of Capilano Honey Lovers Club for the duration of the Promotional Period
7.  All entries are subject to review by Capilano for compliance with these Terms and Conditions. Entries that contain prohibited or inappropriate content or are otherwise in breach of these Terms and Conditions, as determined by Capilano, will at the discretion of Capilano be removed from the Facebook Page or Instagram Profile. In addition, any entrant that submits such content will not be eligible to win.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries are not permitted.
10. Capilano 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 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. Errors and omissions will be accepted at Capilano’s discretion. Failure by Capilano to enforce any of its rights at any stage does not constitute a waiver of those rights.
11. If there is a dispute as to the identity of an entrant, Capilano reserves the right, in its sole discretion, to determine the identity of the entrant.
12. This is a game of luck, and the winner will be drawn randomly
13. The winner will be notified via email.
14. Capilano’s decision is final.
15. There will be 1 winner
16. Ancillary costs with redeeming the prize are not included.
17. If the winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
18. If for any reason the winner does not acknowledge contact attempts via email and accept the prize by 14.04.2023 at 5pm AEST then the prize will be forfeited.
19. If the prize is unavailable, Capilano, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
20. Total prize pool value is $1050. Prize Value per pack assortment of Capilano Honey products valued at $50 and KitchenAid Stand Mixer valued at $999.
21. Prizes are not transferable or exchangeable and cannot be taken as cash.
22. When an entrant submits any materials via the promotion including recipes, comments and photos (“content”), the entrant, unless stated otherwise, licenses and grants Capilano, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such ‘content’ for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
23. Entrants agree that they are fully responsible for the Content they submit. Capilano shall not be liable in any way for such ‘content’ to the full extent permitted by law. Capilano may remove any ‘content’ without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any ‘content’ that is unlawful or fraudulent, or that Capilano 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, sexuality or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their ‘content’; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the ‘content’, to the uses and terms herein; (d) their ‘content’ shall not contain viruses or cause injury or harm to any person or entity; and (e) 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 Capilano for any breach of the above terms.
24. Entrants consent to Capilano using their name, likeness and/or image in the event they are a winner (i.e. photograph) without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Capilano.
25. 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 Capilano, including but not limited to technical difficulties, unauthorised intervention or fraud, Capilano reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the Facebook or Instagram Page is the entrant’s responsibility and is dependent on the Internet service provider used.
27. 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, as well as any other implied warranties under the ASIC Act or similar 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, Capilano (including its respective 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.
28. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Capilano (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 Capilano’s control); (b) 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 Capilano) due to any reason beyond the reasonable control of Capilano; (d) any tax liability incurred by a winner or entrant; or (e) taking and/or use of the prize.
29. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
30. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram (Meta). Entrants understand that they are providing their information to Capilano and not to Facebook or 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 Capilano and not to Facebook or Instagram. Facebook or 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.
31. The Promoter is registered as the following: Hive and Wellness Australia ABN 55 009 686 435