National Product Review Bake Off Promotion

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is NARTA INTERNATIONAL PTY. LIMITED (ABN 81 003 379 486) of Suite 3.02 Level 3, 19 Harris Street, Pyrmont NSW 2009, telephone 02 9518 6711.
  3. Entry is only open to Australian residents aged 18 years or over who are registered Instagram account holders.
  4. 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.
  5. Entry into the Promotion commences on 4 May 2020 and ends at 11:59PM AEDT on 10 May 2020 (“Promotional Period”).
  6. Entry:

    To enter, individuals must complete the following steps during the Promotional Period:

    • Visit https://www.nationalproductreview.com/national-product-review-bake-off/ (“Promotion Website”), follow the prompts to the promotion entry page, input the requested details (including first and last name and a valid email address);
    • Upload a photo of your best baked creation and enter your Instagram account name (handle) to be tagged (“Photo”). Photos will be featured on the Promotion Website;
    • Enter the recipe of the baked creation and describe what you love about it; and
    • Submit the fully completed entry form.

  7. Multiple entries permitted, subject to each entry being submitted separately and in accordance with entry requirements.
  8. 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.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. 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.
  11. Voting:
  12. The judging will take place at National Product Review, Suite 3.02 Level 3, 19 Harris Street, Pyrmont NSW 2009 on 11 May 2020 at 12:00pm AEST. The judges may draw additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The nominees will be notified by email on the same day of the judging and will be announced on the Promoter’s Instagram and Facebook page on 11 May 2020.
  13. This component is a game of skill and chance plays no part in determining the nominees. Each entry will be individually judged, based on the most skilful and creative Photo. The best twelve (12) valid and correct entries, as determined by the judges, will be nominated for their Photo to be eligible for voting (“Nominated Photo”).
  14. The Nominated Photos will be uploaded to the Promoter’s Instagram page for voting. The voting will be conducted for three (3) days, commencing on the 12 May 2020 and ends at 4:00PM AEST on 14 May 2020 (“Voting Period”)
  15. The Voting Period will be conducted in a ‘knockout’ format where the Nominated Photos will be uploaded for ‘head-to-head’ voting. The Voting Period will be organised into rounds and each round will take place in succession. For each round (except the final round), two (2) Nominated Photos will be uploaded to the Promoter’s Instagram page through ‘stories’, and Instagram followers will be prompted to vote for their favourite Nominated Photo. The Nominated Photo that receives the most votes by the end of the round is declared the winner and will advance to the next round of voting.
  16. On 12 May 2020 (“Day 1”), Each Nominated Photo will be randomly allocated into one (1) of six (6) rounds of voting throughout the day from 9am until 8pm AEST. Each round will be open for voting for two (2) hours. The Nominated Photo with the most votes by the end of each round will be declared the winner, awarded a $100 Coles Gift Voucher and advance to next round of voting.
  17. On 13 May 2020 (“Day 2”), Winning Nominated Photos from Day 1 will be allocated (based on bracket position) into one (1) of three (3) rounds of voting throughout the day from 10am until 3pm AEST. Each round will be open for voting for two (2) hours. The Nominated Photo with the most votes by the end of each round will be declared the winner, awarded a $100 Coles Gift Voucher and advance to the final round of voting.
  18. On 14 May 2020 (“Day 3”), All three (3) winning Nominated Photos from Day 2 will be allocated into one (1) final round of voting from 9am until 4pm AEST. The Nominated Photo with the most votes by the end of the final round will be declared the overall winner and awarded a Kenwood Prize Pack valued at $936.99 (“Grand Prize”).
  19. In the event of a tie in a round during the Voting Period, an extra ten (10) minutes of voting will be allocated to break the tie, and the Nominated Photo with the most votes at the end of the extra ten (10) minutes of voting will be declared the winner. In the event there is still a tie after the extra ten (10) minutes of voting the Promoter will choose the winning Nominated Photo of the round based on skill and creativity.
  20. Further details of the Voting Period and prizes can be found in the table below:

    Voting/ Rounds

    Voting Date

    Publication Date

    Prize

    Value

    DAY 1

    1

    12/05/20

    12/05/20

    Coles Gift Voucher

    $100

    2

    12/05/20

    12/05/20

    Coles Gift Voucher

    $100

    3

    12/05/20

    12/05/20

    Coles Gift Voucher

    $100

    4

    12/05/20

    12/05/20

    Coles Gift Voucher

    $100

    5

    12/05/20

    12/05/20

    Coles Gift Voucher

    $100

    6

    12/05/20

    12/05/20

    Coles Gift Voucher

    $100

    DAY 2

    1

    13/05/20

    13/05/20

    Coles Gift Voucher

    $100

    2

    13/05/20

    13/05/20

    Coles Gift Voucher

    $100

    3

    13/05/20

    13/05/20

    Coles Gift Voucher

    $100

    DAY 3

    1

    14/05/20

    14/05/20

    Kenwood Triblade Hand Blender (HDP406WH)

    $158.99

    14/05/20

    14/05/20

    Kenwood XL Mixer (KVL6100)

    $549

    14/05/20

    14/05/20

    Kenwood Food Processor Attachment (KAH647PL)

    $229

  21. Voting Incentive:
  22. To enter the Voting Incentive Draw for the chance to win the Voting Incentive Prize, individuals (with a registered Instagram account) must vote for their favourite Nominated Photo on Day 3 of the Voting Period and follow the Promoter’s Instagram Page.
  23. The draw will take place at National Product Review, Suite 3.02 Level 3, 19 Harris Street, Pyrmont NSW 2009 on 15/05/20 at 12:00pm AEST (“Voting Incentive Draw”). The Promoter 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 via Instagram account on the same day of the Voting Incentive Draw.
  24. The first valid entry drawn will win a NARTA Retailer Gift Voucher valued at $500 (“Voting Incentive Prize”).
  25. General:
  26. The Promoter’s decision is final and no correspondence will be entered into.
  27. If for any reason a winner does not take/redeem their prize at/by the time stipulated by the Promoter, then the prize will be forfeited.
  28. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  29. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  30. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of the vouchers will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
  31. Total prize pool value is $2,336.99.
  32. An unclaimed prize draw for the Voting Incentive Prize may take place on 17 August 2020, at the same time and place as the original Voting Incentive Draw, subject to any directions from a regulatory authority. Winners, if any, will be notified via Instagram account within two (2) business days of the draw.
  33. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, images, Photo and Nominated Photo (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may decline to publish or produce any Content including but not limited to refusing to awarding a prize without notice for any reason whatsoever. Claimants warrant and agree that:

    (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter 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;

    (b) their Content shall not contain viruses or cause injury or harm to any person or entity;

    (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

    (d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

    (e) 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

    (f) 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 for any breach of the above.

  34. As a condition of entering this promotion, each entrant licenses and grants the Promoter, 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 their 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.
  35. 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.
  36. 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, 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.
  37. Any cost associated with accessing the Promotional Website or the Promoter’s Instagram or Facebook page is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry 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 entrant invalid.
  38. 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 States and Territories of Australia (“Non-Excludable 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.
  39. 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 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; (e) any tax liability incurred by a winner or entrant; or (f) use of/taking of a prize.
  40. The Promoter collects personal information (“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, to Australian regulatory authorities. Entry 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://www.nationalproductreview.com/privacy-policy/. 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 will not disclose PI to any entity outside of Australia.
  41. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms OR Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php
  42. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram OR Facebook. Entrants understand that they are providing their information to the Promoter and not to Instagram OR Facebook. 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 Promoter and not to Instagram OR Facebook. Instagram OR Facebook 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.
  43. NSW Permit No. LTPS/20/43581