Terms and Conditions
Information on how to enter this Competition and in relation to prizes form part of these terms & conditions. Entry into this Competition confirms acceptance of these terms and conditions. Any entry not complying with these terms and conditions is invalid.
This Competition is being conducted by Cypress & Sons Pty Ltd (ABN 38 001 298 344) of 263 Parramatta Rd Auburn NSW 2144 (the "Promoter").
This Competition is a game requiring skill and is not a game of chance.
The Competition commences at 9:00 am (EST) on 1 April 2006 and closes at 5:00 pm (EST) on 31 December 2006.
The Competition consists of 9 monthly competitions (each a "Monthly Competition") as specified in the Schedule.
Entry into a Monthly Competition is free and is open to residents of Australia only who are 18 years of age or over at the time of submitting their entry. Employees and contractors of the Promoter, the Promoter's related entities, the agencies associated with a Monthly Competition and their immediate families are ineligible to enter.
To enter a Monthly Competition, entrants must comply with the following entry requirements ("Entry Requirements"):
- register or be previously registered as members of Chang's Recipe Club. An entrant can register as a member of Chang's Recipe Club by completing the online form at http://www.changs.com/ ("Website");
- create an original recipe which includes at least two (2) Chang's Asian products; and
- submit via the Website the original recipe and all other required details specified on the Website (except those details marked as being optional) as directed on the Website during the period between 9.00 am (EST) on the Entry Date for that Monthly Competition (as specified in the Schedule) and 5.00 pm (EST) on the Closing Date for that Monthly Competition (as specified in the Schedule) (each a "Competition Period").
Entrants must supply all information required in the online form on the Website for a Monthly Competition (except those marked as optional) for their entry to be valid.
Each entrant warrants that a recipe and/or a photograph submitted by it as part of a Monthly Competition is the original work of that entrant and does not infringe the intellectual property rights (including copyright) of any third party, or plagiarise the work of any third party. Each entrant indemnifies the Promoter, its related entities, employees and agents against any and all liability, claims (including third party claims), costs (including legal costs) or expense due to that entrant's breach of this warranty.
Entrants are permitted to enter all or any number of Monthly Competitions by submitting an entry for a Monthly Competition during the relevant Competition Period for that Monthly Competition. Entry into one Monthly Competition does not automatically enter the entrant into another Monthly Competition. Only entries received during the Competition Period for a Monthly Competition are valid entires for that Monthly Competition. An entrant may enter a Monthly Competition more than once, provided that all Entry Requirements are complied with and a different, original recipe is submitted as part of that entry for each entry submitted for a Monthly Competition.
All entries, photographs and recipes submitted as part of a Monthly Competition, and all intellectual property rights in entries, photographs and recipes submitted as part of a Monthly Competition are transferred to and become the property of the Promoter upon receipt by the Promoter. Each entrant irrevocably consents to the Promoter and/or its related entities using the photograph, entry and recipe submitted by an entrant for any purpose it deems fit without additional compensation (financial or otherwise).
By submitting an entry for a Monthly Competition, the entrant consents to waive any and all moral rights it may have in relation to any entry, photograph or recipe submitted as part of that Monthly Competition, in favour of the Promoter. Each entrant consents to the Promoter making and/or authorising the making of such changes, adaptations, arrangements or substitutions of any recipe or photograph submitted as part of a Monthly Competition as the Promoter sees fit.
Entries are only valid if the recipe submitted as part of an entry for a Monthly Competition is an original recipe and is different from recipes previously received by the Promoter as part of this Competition or published by the Promoter, whether published on the Website or on product packaging of Chang's, or on promotional or other Chang's materials. Discretion about recipe suitability remains entirely with the Promoter.
The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process, or for submitting an entry that is not in accordance with these terms and conditions.
The entrant who submits the best recipe for a Monthly Competition, as determined by the Promoter in its sole discretion, via the Website from all entries received within the Competition Period for that Monthly Competition will be the winner of that Monthly Competition and will win:
- (a) a Chang's apron;
- (b) a Wok; and
- (c) a selection of Chang's products to the maximum value of [$50.00] (the "Prize").
The total maximum value of the Prize for a Monthly Competition is [$50.00 (including GST)]. The total value of all Prizes for the Competition is [$450.00 (including GST). = each monthly prize x 9 monthly competitions]
Any taxes payable by the winner as a consequence of the winner receiving a Prize is the sole responsibility of the winner of that Prize. The Prize for a Monthly Competition will be delivered to the address provided by the winner of that Monthly Competition. A Prize for a Monthly Competition is not transferable or redeemable for cash.
The Promoter's decision is final and no correspondence will be entered into.
The Promoter will determine the winner for each Monthly Competition by the determination date specified in the Schedule for that Monthly Competition ("Determination Date").The winner for each Monthly Competition will be notified by telephone and/or e-mail by the notification date specified in the Schedule for that Monthly Competition ("Notification Date") and their name, suburb and recipe will be published online on the Website by the Notification Date.
The winner of a Monthly Competition must accept the prize within 7 days of the Notification Date for that Monthly Competition. If the winner of a Monthly Competition accepts the prize within 7 days of the Notification Date for that Monthly Competition, the Prize will be delivered to the winner.
If the winner of a Monthly Competition does not accept the Prize for that Monthly Competition or cannot be contacted within 7 days of the Notification Date for that Monthly Competition, or is deemed ineligible to receive the Prize, or does not comply with these terms and conditions, or the entry is void or invalid he or she will forfeit the prize and the entrant who has entered the next best recipe during the Competition Period for that Monthly Competition will win the Prize for that Monthly Competition.
The Promoter accepts no responsibility:
- for incomplete, incorrect, late, lost, corrupted, misplaced or destroyed entries; or
- for any delay in delivery, or failure of safe delivery of a Prize.
The Promoter is not liable for, and the entrant releases and holds the Promoter, its related entities, officers, employees and agents from, any and all liability, loss or damage whatsoever which is suffered or sustained, to persons or property (including but not limited to indirect or consequential loss), arising from or in any way related to the Competition or a Monthly Competition, or using or participating in a Prize or Prizes.
The Promoter is not responsible for any error, omission, interruption, deletion, defect, delay in operation of transmission, communications line failure, theft, destruction, technical malfunctions, unauthorised access to, or alteration of entries.
The Promoter may at any time disqualify an entrant or refuse entry of an entrant if:
- the entrant fails to comply with these terms and conditions;
- the entrant is engaged in practices which subvert or intend to subvert these terms and conditions; and/or
- the Promoter determines that an entrant is tampering with the entry process or the operation of a Monthly Competition, this Competition or the Website.
By accepting a Prize for a Monthly Competition, the winner of a Monthly Competition irrevocably consents to the use of his or her name, suburb of residence, image and likeness for publicity, promotion and marketing purposes without further compensation (whether financial or otherwise) and agrees that the Promoter will own all copyright in any such images and photographs.
If requested by the Promoter, the winner of a Monthly Competition must sign and return any liability release, assignment of copyright or waiver provided by the Promoter as a condition of a Prize being awarded. If the winner of a Monthly Competition fails to sign and return any such liability release, assignment of copyright or waiver, the winner forfeits the Prize for that Monthly Competition.
If for any reason a Monthly Competition is not capable of running as planned, whether caused by technical or human malfunction, failure, tampering, unauthorised intervention, fraud, or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of a Monthly Competition, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant regulatory authority), to cancel, terminate, modify or suspend that Monthly Competition or all incomplete Monthly Competitions. The Promoter may in its sole discretion disqualify any individual who tampers with the entry or determination process of a Monthly Competition.
Entries for a Monthly Competition are deemed to be received at the time of receipt by the Promoter of that entry via the Website. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person's handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in relation to a Monthly Competition, a Prize or Prizes or this Competition.
The Promoter and its related entities are collecting personal information for the purposes of conducting this competition and for direct marketing purposes. Personal information may be disclosed to supply partners and other persons or entities involved in the conduct of this Competition and/or for direct marketing purposes. If an entrant does not provide all personal information requested, the entrant will not be able to enter the Competition. The entrant may access his or her personal information by contacting the Promoter's Privacy Officer. All personal information provided by an entrant to the Promoter as part of this Competition will be handled in accordance with the Chang's Website Privacy Policy, which is viewable at: http://www.changs.com/recipeclub/privacy.
Schedule
| Monthly Competition | Entry Date | Closing Date | Determination Date | Notification Date |
|---|---|---|---|---|
| April 2006 | 1 April 2006 | 30 April 2006 | 12 May 2006 | 19 May 2006 |
| May 2006 | 1 May 2006 | 31 May 2006 | 9 June 2006 | 16 June 2006 |
| June 2006 | 1 June 2006 | 30 June 2006 | 7 July 2006 | 14 July 2006 |
| July 2006 | 1 July 2006 | 31 July 2006 | 11 August 2006 | 18 August 2006 |
| August 2006 | 1 August 2006 | 31 August 2006 | 8 September 2006 | 15 September 2006 |
| September 2006 | 1 September 2006 | 30 September 2006 | 6 October 2006 | 13 October 2006 |
| November 2006 | 1 November 2006 | 30 November 2006 | 8 December 2006 | 15 December 2006 |
| December 2006 | 1 December 2006 | 31 December 2006 | 12 January 2007 | 19 January 2007 |