Ooni x Vegemite Australia Promotion Terms & Conditions
- About these terms
1.1 What these terms cover. These are the terms and conditions for taking part in our Ooni x Vegemite (Australia) promotion (Promotion).
1.2 Why you should read them. Please read these terms carefully before entering the Promotion. They tell you who we are, how the Promotion works and other important information.
1.3 Your agreement. By submitting an Entry (as defined below) to the Promotion you agree to these terms and conditions.
Who we are. We are Ooni Pty Ltd ACN 660 203 832, a company registered in Australia. Our registered office is at Macpherson Kelley, Level 7, 600 Bourke Street, Melbourne VIC 3000.
3. Promotion period
The Promotion Period. The Promotion will run from 09.00 (AEST) on 5 September 2023 to 23.59 (AEST) on 19 September 2023 (Promotion Period).
4.1 Who is eligible to enter the Promotion. To enter the Promotion you must:
a) be a resident of Australia;
b) have reached the legal age of majority in your state or territory of residence;
c) have a public Instagram account, with privacy settings that allow us to verify your eligibility and your Entry;
d) be following the @ooni.anz and @vegemite on Instagram Account on the date of any randomized computer draw referred to in Clause 7 and/ or Clause 8; and
e) not be an Excluded Person as set out in paragraph 4.2 below.
If you meet each of these criteria you will be an Eligible Participant.
4.2 Excluded persons. You cannot enter the Promotion if you are:
a) an employee, officer, director, agent or other representative of the Promoter or Bega Cheese Limited or of its holding company, subsidiaries or other affiliated companies;
b) professionally connected in any way with the Promoter or Bega Cheese Limited or this Promotion; or
c) an immediate family member of, or a member of the same household as, anyone in the categories above,
(each an Excluded Person).
4.3 Internet access. Internet access is required to enter the Promotion.
5. How to enter
5.1 Online entry. During the Promotion Period, Eligible Participants may enter the promotion by commenting on the Instagram Posts(s) with: (1) a kangaroo emoji; and (2) any kind of pizza topping for a ‘vegemite pizza’ (an Entry). An Entrant means an Eligible Participant who has submitted a properly completed Entry. In these terms and conditions, Instagram Post means any Instagram post(s) published on @ooni.anz or @vegemite which: (a) refer to the Promotion and these T&Cs; and (b) instruct Eligible Participants to comment on the Instagram Post to enter the Promotion.
5.2 Entry limits. Only one Entry is permitted per person.
5.3 No purchase necessary. No purchase is necessary to enter the Promotion.
5.4 You may be disqualified if you breach these terms and conditions. We reserve the right to disqualify any Entry or Eligible Participant where we consider that:
a) the Entry is incomplete, incorrect, incomprehensible, not received or does not otherwise comply with these terms and conditions;
b) the Eligible Participant is in breach of these terms and conditions; or
c) the Eligible Participant has acted fraudulently or otherwise gained an unfair advantage in the Promotion.
6. Details of the prize
6.1 Details of the prize.
a) There shall be one Winner (as defined below) of the Promotion.
b) Ooni shall permit the Winner to select a prize of either: (a) an Ooni Karu 12G bundle (consisting of an Ooni Karu 12G pizza oven, an Ooni Karu 12G cover, an Ooni Karu 12G gas burner, and an Ooni 12” pizza peel); or (b) an Ooni Volt 12 bundle (consisting of an Ooni Volt pizza oven, an Ooni Volt cover, and an ooni 12” pizza peel) (each an “Ooni Prize”)
c) Additionally, the Winner shall win the following Vegemite branded items: (a) tote bag; (b) drink bottle; (c) beanie; (d) bum bag; (e) slipper socks; (f) corduroy cap; (g) cooler bag; (h) apron; (i) cookbook; (j) oversized hoodie (together the “Vegemite Prize” and together with the Ooni Prize a “Prize”).
6.2 Approximate retail value of the prize. The approximate retail value of the Ooni Prize is AU$1,050 where the prize is an Ooni Karu 12G bundle and AU$1,675 where the prize is an Ooni Volt Bundle. The approximate retail value of the Vegemite Prize is AU$310.
6.3 Prize must be accepted as awarded. The Prizes must be accepted as awarded. No substitution, cash redemption, sale or transfer of a Prize is permitted except at our sole and absolute discretion. If a Prize, or any portion thereof, cannot be awarded for any reason, we reserve the right to substitute such prize (or portion thereof) with an equivalent prize of equal or greater value. You acknowledge that the Vegemite Prize is provided by Bega Cheese Limited and that delivery of the Vegemite Prize is outside of the Promoter’s control.
6.4 Odds of winning. The odds of winning a prize depend on the number of Entries received.
7. How the prize draw works
Date of prize draw. On or about 21 September 2023, we will conduct a randomised computer draw from eligible Entries received during the Promotional Period. One Entry will be selected and the Entrant will be declared the winner (Winner).
8. Notification of the Winner
8.1 Notification & Validation of Winner. The Winner will be contacted by Instagram direct message (Notification Message) within 5 business days from selection. The Winner will have 5 days to claim their prize following notification (or such longer period of time as we may permit in our absolute discretion). The Winner must reply to the Notification Message in order to claim their prize.
8.2 Verification of Winner. We reserve the right to verify the identity of the Winner by requesting (amongst other things) copies of the Winner's passport or driving licence and/or a proof of their address.
8.3 Disputes as to the identity of the Winner. If there is a dispute about the identity of a person that has submitted an Entry, the Entry will be deemed to have been made by the person in whose name the Entry purports to have been made.
8.4 If the Winner does not collect their prize or is determined to be ineligible. If the Winner (First Winner):
a) does not respond within 5 days (or such longer period as we may permit in our absolute discretion) to the Notification Message;
b) rejects their Prize; or
c) is otherwise determined to be ineligible for the Prize, we will select another winner (Reserve Winner) using a randomised computer, and the Reserve Winner will be deemed to be the Winner. This process will, if necessary, repeat three times to find an Entrant who is able and eligible to claim the Prize. After that, if no Entrant is able and eligible to claim the Prize, we may determine that the Prize shall be forfeited and left unclaimed. We may carry out each of the randomized draws at the same time, so that the First Winner and each of the Reserve Winners are drawn at the same time and the Reserve Winners held in reserve (in the order in which they are drawn) until they are required (if at all).
8.5 Contact details. It is your responsibility to provide us with correct and complete contact details when submitting your Entry. Failure to do so may result in us not being able to contact you and in your winning Entry being disqualified.
9. Limits on our liability
9.1 If your Entry is lost. We are not responsible for any Entry, or other communication with us, that is lost, mislaid, damaged, delayed in transit, stolen, incomplete, illegible, garbled, destroyed, misdirected, not-delivered or not received by us for any reason whatsoever. We will not accept proof of posting or transmission as proof of receipt of an Entry or any other communication with us.
9.2 Promoter and Bega Cheese Limited not liable. Insofar as we are permitted by law, neither we nor our employees, officers, directors, agents or other representatives, nor Bega Cheese Limited, its employees, officers, directors, agents or other representatives will be liable to compensate you for (or accept any liability for) any loss, expense, damage, personal injury or death (Loss) occurring as a result of your participation in this Promotion (including, if applicable, your taking up of any Prize).
9.3 Force majeure. If we are unable to run the Promotion as planned, (including as a result of viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, legal restrictions or requirements, social media requirements, pandemic, epidemic, war, strikes, acts of God, or any other causes beyond our control), or if this Promotion is compromised or becomes corrupted in any way (whether electronically or otherwise), we reserve the right to modify, suspend and/or terminate the Promotion. If the Promotion is terminated before the end of the Promotion Period, we may select the Winner in a random draw from among all eligible Entries received as of the time and date of termination. Thereafter, we reserve the right to accept no further entries and award no further prizes.
b) Notwithstanding paragraph (a) above, by entering this Promotion, you agree that we may store, share and use your personal information for the purpose of administering the Promotion (and we draw your attention in particular to clause 11.1 below). Administering the Promotion includes providing your personal information to Bega Cheese Limited for the purpose of it providing you with the Vegemite Prize.
c) Subject to Clause 10.1(b) above, we will only give your personal information to third parties where the law either requires or allows us to do so.
10.2 Publicity: By participating in the Promotion you consent to us using your name, photograph, voice, videos and any other likeness for advertising, marketing and publicity purposes without compensation or notice (provided that this clause will only apply where we are permitted to rely on this consent as a matter of applicable law).
11. Other important terms
11.1 Winner’s List:
a) In certain jurisdictions we are required to either publish or make available information that indicates that a valid award took place.
b) Where we are required to do so, we will send the surname, country, state, region and, if applicable, winning Entry of the Winner to anyone who emails email@example.com within 3 months of the end of the Promotion Period.
c) If you object to any or all of your surname, country, state, region and winning Entry being published or made available, please contact us by email to firstname.lastname@example.org. In these circumstances, we may still be required to provide the information and winning entry to the relevant local regulators on request.
11.2 Application of local laws. The Promotion is subject to all applicable federal, state and local law and regulation.
11.3 We may transfer this agreement to someone else. We may transfer our rights and/ or obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under these terms.
11.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
11.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.