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Win $10,000 or $2,000 Plus a Trip to Bris, Syd, Melb for Finalist Photo Shoot

Win $10,000 or $2,000 Plus a Trip to Bris, Syd, Melb for Finalist Photo Shoot
Lactalis Australia
Added: 04-Jan-22
Closes: 06-Feb-22
1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions provide information about the Oak Flavour Generator
Competition (the Promotion), including details regarding the entry requirements, the
selection of finalists and the voting process.
1.2 Participation in the Promotion is deemed acceptance of these Terms and Conditions and
these Terms and Conditions will prevail in the event of any conflict or inconsistency with any
other communications relating to the Promotion by the promoter.
2. Promoter
2.1 The promoter is Lactalis Australia Pty Ltd ABN 56 072 928 879 of Level 5, 35 Boundary Street,
South Brisbane, Qld 4101 telephone 1800 676 961 (Promoter).
3. Eligibility
3.1 Entry is only open to Australian residents who are currently residing in Australia and are aged
18 years old and over.
3.2 Employees (and their immediate families) of the Promoter and agencies associated with the
Promotion are ineligible to enter. Immediate family means any of the following: spouse, exspouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or 1st cousin.
4. Entry Requirements
4.1 Entrants can enter the Promotion between 9:00am AEDST on 1 January 2022 and 11:59pm
AEDST on 6 February 2022 (Entry Period).
4.2 Subject to compliance with these Terms and Conditions, each entrant will have the opportunity
to become the ultimate winner of the Promotion (Winner).
4.3 To enter, individuals must complete the following steps during the Entry Period:
(a) go to www.oakflavourgenerator.com.au;
(b) create their own special Oak milk flavour mix by selecting a minimum of 2 flavours
and up to 3 flavours from the list of 20 flavours on the website (Oak Promotion
Flavour Mix);
(c) suggest an original and imaginative name for their Oak Promotion Flavour Mix and
pick their carton colour;
(d) explain in 100 words or less the inspiration for their Oak Promotion Flavour Mix and
the name;
(e) provide their full name, the State or Territory they live in, date of birth, mobile phone
number and email address in the online entry form; and
(f) complete all other required fields in the online entry form.
(the Promotion Requirements)
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4.4 The flavours from which entrants are able to choose when submitting their entries will be
based on flavourings that can be used to create flavoured milk products and not actual
ingredients, e.g. raspberry flavour will be raspberry flavouring and not actual raspberries, and
coffee flavour will be a coffee flavouring not actual coffee.
4.5 Entries must be received by the Promoter during the Entry Period. Online entries are deemed
to have been received at the time of receipt into the Promotion database and not at the time
of transmission by the entrant.
4.6 Each entrant warrants to the Promoter that the entry they submit is an original literary work of
the entrant that does not infringe on the rights of any third party.
4.7 Entrants agree that they are fully responsible for any materials they submit via the promotion
including but not limited to answers to the Promotion Requirements (Content). The Promoter
will not be liable in any way for such Content to the full extent permitted by law. The Promoter
may remove or decline to publish any Content without notice for any reason whatsoever.
4.8 Entries must comply with applicable laws and regulations and must not contain prohibited,
inappropriate or unlawful content. Any entrant that submits such content will not be eligible to
win.
4.9 The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any
part of an entrant’s entry.
4.10 Incomplete or indecipherable entries will be deemed invalid.
4.11 It is a condition of entry that an entrant, if chosen to advance to the final round, will participate
in a photoshoot organised by the Promoter.
4.12 Multiple entries are permitted subject to the following:
(a) each entry must be submitted separately and in accordance with these Terms and
Conditions;
(b) a maximum of three (3) entries are permitted per person per day;
(c) no entrant may win more than one (1) prize or be selected as a finalist more than
once; and
(d) the use of any automated software or any other mechanical or electronic means that
allows an entrant to automatically enter repeatedly is prohibited and will render all
entries submitted by that method or entrant invalid.
5. Intellectual Property
5.1 The Promoter will own the intellectual property rights to the Content. Upon entry into the
Promotion, the intellectual property rights associated with the Content is assigned to the
Promoter.
5.2 An entrant will not be eligible to proceed to the final round unless the entrant provides any
further reasonable assistance to the Promoter that may be required in assigning the
intellectual property rights associated with their entry (such as signing legal documents).
5.3 Each entrant warrants to the Promoter that the Content they submit is an original literary work
of the entrant that does not infringe on the rights of any third party.
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5.4 It is a condition of entry that each entrant consents to the use of the Content which may
otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth)
and warrants that they have the full authority to grant these rights.
6. Promoter Review
6.1 The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and State or Territory of residence). 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.
6.2 The Promoter 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, engaged in any unlawful conduct or other improper misconduct
calculated to jeopardise fair and proper conduct of this Promotion, or published any
disparaging remarks about the Promoter or the Promotion. The Promoter’s legal rights to
recover damages or other compensation from such an offender are reserved.
6.3 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver
of those rights.
6.4 The entrants agree that they have not and will not publish, including on the Promoter’s social
media channels, disparaging or defamatory remarks about the Promoter or its products. If the
Promoter, in its absolute discretion, decides that a winner has breached this condition, that
entrant’s entitlement to be selected or announced as a finalist may be cancelled and a
substitute finalist chosen on the same basis.
6.5 The entrants agree to participate in a promotional photoshoot if required by the Promoter.
7. Selection of Finalists
7.1 This Promotion is a game of skill and chance plays no part in determining the finalists or
winners.
7.2 The Promoter or its agent will select 2 entries out of the valid entries to participate in the final
round (Finalist).
8. Finalist Prize
8.1 Each Finalist’s Prize comprises:
(a) subject to any restrictions imposed on intra and inter-state travel due to the COVID19 pandemic, a trip to Brisbane, Sydney or Melbourne (at the Promoter’s discretion),
on a business day in February 2022 to take part in a photo shoot with the other
Finalist, with flights, accommodation (where return flights cannot be booked on the
same day), transfers to and from the airports, and meals and beverages (up the value
of $2000 excluding GST) booked and paid for by the Promoter;
(b) in the event that travel to the photo shoot is not permitted due to the restrictions
considered in clause 8.1(a) above, the Promoter will organise, at its discretion, and
within government guidelines, an alternate photo shoot which each Finalist must take
part in;
(c) their first name and image (from the photoshoot) being used to promote their Oak
Promotion Flavour Mix;
(d) subject to clause 13, their Oak Promotion Flavour Mix being manufactured, marketed
and sold in stores as 600ml limited edition oak cartons for the period 25 April 2022 up
to an including 31 October 2022.
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8.2 The Finalists’ Prize does not include:
(a) any other travel costs including excess baggage;
(b) any revenue or royalties from the sale of the Oak Promotion Flavour Mix.
8.3 Each valid entry will be individually judged by the Promoter or its agent based on, among
other things:
(a) the originality and creative merit of the entry provided in response to the Promotion
Requirements, including the things listed in clause 8.3(b) – (d) below;
(b) the flavour mix taste, including how different the flavour mix is to other flavoured milk
varieties on the market and how palatable the taste is;
(c) the creativeness of the submitted name; and
(d) the inspiration for the particular flavour combination and the submitted name.
8.4 If any entrants create the same Oak Promotion Flavour Mix with the same suggested name,
the Promoter may choose one entry over the others, in its absolute discretion.
8.5 As a condition of accepting the Finalist Prize, the Finalist must sign any legal documentation
as, and in the form, required by the Promoter and prize suppliers in their absolute discretion,
including but not limited to a legal release and indemnity form.
9. Final Round
9.1 Each entrant selected to be a Finalist will be notified within 7 days after the end of the Entry
Period by email and phone to the email address and phone number that they provided with
their entry.
9.2 In order to progress to the final round, the notified entrant must:
(a) accept the offer in writing in the manner prescribed by the Promoter in its notification
to progress to the Final round within 7 days of the date of notification;
(b) provide proof of identity documents (including a driver’s licence and passport) to the
Promoter;
(c) undergo any background checks and reference checks required by the Promoter;
(d) take part in a photo shoot as required by the Promoter, which is part of the Finalist's
Prize;
(e) comply with all reasonable directions of the Promoter with respect to the photoshoot
and attendance at the Promoter’s premises including workplace health and safety
requirements; and
(f) enter into a “Deed of Consent, Assignment and Release” with the Promoter on terms
satisfactory to the Promoter, acting reasonably.
9.3 If the selected entrant:
(a) does not accept the offer to progress to the final round within 7 days;
(b) receives results of any background checks or reference checks which are
unsatisfactory to the Promoter in its absolute discretion; or
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(c) fails at any time to comply with the Promoter’s directions, or acts in an anti-social,
risky or offensive manner, when attending the Promoter’s premises or the photoshoot,
then the Promoter reserves the right to disqualify and immediately exclude the selected
entrant and select a replacement.
10. Voting Requirements
10.1 Once the Finalists have been chosen and the Sales Period has commenced, voting for the
Winner will be open to the public online at www.oakflavourgenerator.com.au from 9:00am
AEST on 25 April 2022 up to and including 11:59pm AEST on 30 June 2022.
10.2 To be eligible to vote, the following requirements apply (Voting Requirements):
(a) before submitting a vote, the voter will need to agree to these Terms and Conditions;
(b) one vote per person, per Internet Protocol address; and
(c) the use of any automated software or any other mechanical or electronic means that
allows an entrant to automatically enter repeatedly is prohibited and will render all
entries submitted by that method or entrant invalid.
10.3 The Promoter’s agent will be tracking votes to ensure compliance with the Voting
Requirements and should the agent or the Promoter become aware of any activity that
breaches the Voting Requirements, the Promoter reserves the right to disqualify those votes
from the Promotion.
11. The Winner and the Runner Up
11.1 The Winner and the Runner Up will be selected by determining the most popular Oak
Promotion Flavour Mix and the second most popular Oak Promotion Flavour Mix, respectively,
based on a combination of the most votes and the most sales, and second most votes and
second most sales respectively, during the Sales Period, as set out below:
(a) a public poll conducted through www.oakflavourgenerator.com.au (Voting);
(b) retail sales data (based on scan data) (Sales Data); and
(c) Sales Data will make up 80% of the determination and Voting will make up 20%.
11.2 The Promoter and/or its agent will monitor the Voting and the Sales Data throughout the
Promotion. Any attempts to manipulate or unfairly influence the results may result in those
votes/sales being disqualified from the Promotion.
11.3 The Promotor and/or its agent will have the right, where necessary, to undertake all such
action as is reasonable to protect itself against fraudulent or invalid Voting or Sales Data
including, without limitation, to require further verification as to the validity of the vote or sale
in question.
11.4 The Promoter’s decision is final and no correspondence will be entered into. The Promoter is
under no obligation to provide the underlying Voting or Sales Data that informed its decision.
11.5 The Promoter will notify the Winner and the Runner Up in writing via the email address and
contact number provided in the Entry Requirements within 14 business days in Brisbane,
Queensland, of a determination being made by the Promoter under clause 11.1, which
determination shall be made by no later than 30 July 2022.
11.6 The Winner Prize is $10,000 (Winner Prize).
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11.7 The Runner Up is $2,000 (Runner Up Prize).
11.8 To claim the Winner Prize, the Winner must notify the Promoter of its acceptance of the
Winner Prize in writing, and provide its bank account details to the Promoter, in the manner
required by the Promoter in its notification email, within 7 days after the date of notification by
the Promoter under clause 11.5.
11.9 If the Winner:
(a) claims the Winner Prize in accordance with clause 11.8 and provided that the bank
account details provided by the Winner have been verified by the Promoter, then the
Winner Prize will be paid by electronic funds transfer to that bank account within 14
days after the Promotor receives notice of acceptance in accordance with clause 11.8;
or
(b) does not claim the Winner’s Prize in accordance with clause 11.8, then Promoter may
disqualify the Winner without further notice to the Winner in which event the Winner
will not be entitled to receive the Winner Prize.
11.10 To claim the Runner Up Prize, the Runner Up must notify the Promoter of its acceptance of
the Runner Up Prize in writing in the manner required by the Promoter in its notification email,
within 7 days after the date of notification by the Promoter.
11.11 If the Runner Up:
(a) claims the Runner Prize in accordance with clause 11.10, the Runner Up Prize will be
paid by electronic funds transfer to a bank account nominated by the Runner Up within
14 days after the Promotor receives notice of acceptance in accordance with clause
11.10; or
(b) does not claim the Runner Up Prize in accordance with clause 11.10, , then Promoter
may disqualify the Runner Up without further notice to the Runner Up in which event
the Runner Up will not be entitled to receive the Winner Prize.
11.12 If the Winner Prize or the Runner Up Prize, or an element of either of these prizes, is
unavailable for any reason, the Promoter reserves the right to substitute another Winner Prize
or Runner Up Prize, of equal or greater value for the prize, or element of it.
11.13 As a condition of accepting the Winner Prize or the Runner Up Prize, the Winner and the
Runner Up respectively must sign any legal documentation as, and in the form, required by
the Promoter and prize suppliers in their absolute discretion, including but not limited to a legal
release and indemnity form.
12. Promotional Consent
12.1 The Finalists, the Winner and the Runner Up, must participate in reasonable promotional
activity (such as publicity and photography) free of charge and they consent to the Promoter
(and its retail customers) using their first name and images in promotional material, including
but not limited to, on the Oak Promotion Flavour Mix packaging, outdoor billboards, social
media, television and digital advertising, and point of sale, in conjunction with the Promotion
and for promoting any other products supplied by the Promoter.
12.2 The Promoter may choose to announce the Finalists, the Winner and the Runner Up in
promotional posts on its website and/or social media channels such as Instagram and
Facebook.
13. Manufacturing
13.1 Due to the nature of the Promoter’s manufacturing processes and potential procurement
restraints, it may not be feasible to produce a Finalist’s Oak Promotion Flavour Mix exactly as
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submitted in their entry. The Promoter will have the final say as to the flavour mix and taste of
the milk which is created, its ingredients and its name.
13.2 The Promoter will manufacture, market, promote and sell the Oak Promotion Flavour Mix of
the 2 Finalists as 600ml limited edition oak cartons, at its discretion, through its sales channels
and to its retailers for the period on and from 25 April 2022 up to and including 31 October
2022 or such other period as the Promoter determines (Sales Period). The Promoter does
not guarantee the amount of each Oak Promotion Flavour Mix acquired by its retailers, or the
extent of the distribution by those retailers.
14. Other Important Information
14.1 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, unauthorised intervention or fraud, disruptions
to the business of the Promoter caused by the global pandemic and/or government
restrictions, the Promoter 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.
14.2 Any cost associated with accessing the Promotion including phone calls, premium call costs,
internet or relevant website, is the entrant’s responsibility and is dependent on the internet
service provider used.
14.3 The Promoter assumes no responsibility for:
(a) any error, omission, interruption, or delay in the operation or transmission of any
communication sent to (or by) the Promoter or any entrant whether caused by
problems with communication networks or lines, computer systems, software or
internet service providers, congestion on any carrier network or otherwise;
(b) any theft, destruction or unauthorised access to, or alteration of such
communications;
(c) any problem with, or technical malfunction of, any computer system or other
equipment used for the conduct of the Promotion;
(d) any incorrect or incomplete information which may be communicated in the course of
the administering this Promotion (whether as a result of one of the foregoing causes
or otherwise); or
(e) any delay in delivery (when not directly caused by the Promoter or its supplier), or
failure of safe delivery of a prize.
14.4 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 (“NonExcludable Guarantees”). Except for any liability that cannot by law be excluded, including
the Non-Excludable Guarantees, the Promoter (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.
14.5 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
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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; or
(e) taking and/or use of a prize.
14.6 Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any
loss or damage or third party claims in relation to breach of these Terms and Conditions by
the entrant.
14.7 The Promoter accepts no responsibility for any taxation implications that may arise from
winning a prize. Independent financial advice should be sought.
14.8 Entrants agree to the Promoter undertaking background checks, including police checks, at
the Promoter’s cost and providing all documentation, including any identification
documentation such as a driver’s licence and passport, which the Promoter may require in
order to obtain a police check.
15. Privacy Policy
15.1 The Promoter collects personal information (as that term is defined in the Privacy Act 1988
(Cth)) (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to
third parties, including but not limited to agents, contractors, service providers, prize suppliers
and, as required, Australian regulatory authorities.
15.2 Entry into the Promotion is conditional on providing this PI. The Promoter will also use and
handle PI as set out in its Privacy Policy, which can be viewed at https://lactalis.com.au/wpcontent/uploads/2021/10/Lactalis_Privacy_Policy.pdf
15.3 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.
15.4 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.