TERMS AND CONDITIONS OF ENTRY

GENERAL

1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistency with these Terms and Conditions. Entry into the Promotion constitutes acceptance of these Terms and Conditions.
2. The Promoter is A.H. Beard (ABN 47 000 060 677), 1/35 Bryant Street, Padstow, NSW 2211, Australia.
3. Capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated otherwise. Unless the contrary intention appears, a reference to a person includes an individual, firm, body corporate, partnership, joint venture, unincorporated body or association, or government agency or entity.

ELIGIBILITY TO ENTER

4. Entry is open to Eligible Persons as described in the Schedule.
5. Entrants must be 18 years of age or older.
6. Directors, management, employees, officers and contractors of the Promoter who are directly involved in the management of the Promotion, and their immediate families, are ineligible to enter. Employees and contractors of agencies or organisations associated with the Promotion who are directly involved in its management are also ineligible to enter.

For the purposes of this clause, “Immediate Family” means a spouse, parent, natural or adopted child, or sibling, whether or not they live in the same household as the relevant person.

ENTRY

7. The Promotion will be conducted during the Promotion Period. To enter, Eligible Entrants must complete the Entry Procedure during the Promotion Period.
8. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.
9. All valid entries received during the Promotion Period will be considered for judging.
10. Entrants may enter the Promotion only once via the A.H. Beard competition landing page.

ENTRY CONTENT AND VALIDITY

11. Entrants are responsible for the content of their entries and for ensuring that their entries comply with these Terms and Conditions. “Entry Materials” includes any material, including text, drawings, artwork, images, photographs, videos and email messages, submitted, uploaded, transmitted, published or otherwise used in connection with an entry.
12. Incomplete or illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period may also be deemed invalid.
13. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter is not required to assess every entry for compliance before judging; however, the winning entry will be scrutinised for compliance with these Terms and Conditions.
14. If an entry is invalid, or an entrant is unable or refuses to participate in an element of the Promotion, the Promoter reserves the right to disqualify that entrant and proceed as if the entrant had not entered the Promotion.
15. If the Promoter becomes aware after an entrant has been selected as the winner that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, the entrant will have no entitlement to the prize, even if the Promoter has announced them as the winner. The Promoter may require the entrant to return the prize or otherwise make restitution, to the extent permitted by law.
16. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or require the entrant to verify, that their entry is original. If an entry cannot be verified to the Promoter’s reasonable satisfaction, it may be deemed invalid.

CONSENTS AND PERMISSIONS

17. An entry must not include:

(a) any image or voice of another person without that person’s express consent;

(b) content that contravenes any law, infringes another person’s rights, or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate; or

(c) any literary, dramatic, musical or artistic work, audio-visual or sound recording, or other item in which copyright subsists, unless the entrant is entitled to use that material and has obtained any necessary permissions.

By including any such content, the entrant warrants that they have the necessary rights and permissions for the Promoter to use the entry in accordance with these Terms and Conditions.

18. By entering the Promotion, entrants consent to the Promoter using and publishing their name, likeness, image or other identifying information for purposes directly related to administering and publicising the Promotion, subject to applicable privacy laws.

Any broader use of an entrant’s Entry Materials, including assignment of intellectual property rights or consent to future promotional use, must be separately authorised where required by law.

19. If Entry Materials are published on a website, the Promoter accepts no responsibility for third parties downloading or using those materials after publication. The Promoter may, at its discretion, edit, modify, remove or take down an entry that breaches these Terms and Conditions or is otherwise inappropriate.

DETERMINING AND NOTIFYING THE WINNER

20. The winner will be selected in accordance with the Judging Details in the Schedule. The judges will assess valid entries based on creativity, originality and relevance to the competition question. The entry considered most meritorious will be selected as the winner. This is a game of skill and chance plays no part in determining the winner.
21. The winner will be notified in accordance with the Schedule. The winner’s name and state or territory of residence will be published as specified in the Schedule and subject to applicable legal requirements.
22. The winner may be asked to participate in reasonable promotional or editorial activity relating to the Promotion, subject to their consent and applicable law. No additional use of the winner’s image, likeness or Entry Materials beyond the purposes disclosed in these Terms and Conditions will be made without any consent or permission required by law.

PRIZES – GENERAL

23. The Promoter requires the winner to be 18 years of age or older.
24. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST, is in Australian dollars and is correct at the time of publication. The Promoter accepts no responsibility for variations in the prize value.
25. The prize is not transferable, exchangeable or redeemable for cash, except as otherwise required by law or expressly permitted under these Terms and Conditions.
26. If the prize is unavailable despite the Promoter’s reasonable endeavours, the Promoter may substitute a prize of equal or greater value, subject to applicable law and any required regulatory approval.
27. Where the prize is lost, stolen, damaged or tampered with for reasons beyond the Promoter’s reasonable control, the Promoter is not liable to the extent permitted by law.
28. Except to the extent required by law, including the Competition and Consumer Act 2010 (Cth), the Promoter makes no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness of the prize to the extent permitted by law.
29. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.

PRIZES

30. The prize is specified in the Prize Details in the Schedule. The total prize pool is the value specified in the Schedule.

CLAIMING THE PRIZE

31. The prize must be claimed by the Prize Claim Date in accordance with the Claim Instructions in the Schedule.
32. If the prize is not claimed by the Prize Claim Date, the Promoter may take steps to contact the winner and, where legally permissible, select an alternative winner or otherwise deal with the unclaimed prize in accordance with applicable law and any required regulatory directions.

Any alternative winner will be notified and their name and state or territory of residence published where required by law.

CANCELLATION OR MODIFICATION OF THE PROMOTION

33. If the Promotion or prize cannot be conducted or provided as planned due to circumstances beyond the Promoter’s reasonable control, including computer viruses, bugs, tampering, unauthorised intervention, fraud or other events affecting the administration, security, fairness or integrity of the Promotion, the Promoter may take any action reasonably available to it, subject to applicable law and any required regulatory approval.
34. The Promoter may suspend, modify or cancel the Promotion if an external event beyond its reasonable control prevents or materially hinders the conduct of the Promotion or delivery of the prize, subject to applicable law and any required regulatory approval.
35. To the extent permitted by law, the Promoter will not be liable for loss or damage arising from action reasonably taken under clauses 33 or 34.

PRIVACY AND INFORMATION

36. The Promoter will collect and use personal information provided by entrants to administer the Promotion, contact entrants in connection with the Promotion, verify eligibility, notify the winner and arrange delivery of the prize. Personal information will be handled in accordance with the Promoter’s Privacy Policy and applicable privacy laws.
37. Where entrants separately consent to receive marketing communications, the Promoter may use their contact details for the purposes described in the relevant consent and Privacy Policy. Marketing consent must be clearly distinguished from the information required to enter the Promotion, and entrants may withdraw marketing consent at any time.
38. The Promoter may disclose personal information to its related bodies corporate, agencies, contractors, information technology providers, database service providers and other service providers where reasonably necessary to administer the Promotion or for purposes authorised by the entrant or permitted by law.
39. Some service providers may be located overseas. Where personal information is disclosed overseas, the Promoter will handle that disclosure in accordance with applicable privacy laws.
40. The Promoter may disclose personal information where required or authorised by law.

LIABILITY

41. Nothing in these Terms and Conditions excludes, restricts or modifies any liability, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law, including the Competition and Consumer Act 2010 (Cth).
42. To the extent permitted by law, the Promoter and its related bodies corporate, officers, employees, agents and contractors will not be liable for loss, expense, damage, personal injury or death suffered in connection with the Promotion or acceptance or use of the prize, except to the extent caused by their negligence, breach of law or other liability that cannot lawfully be excluded.
43. The Promoter may request reasonable information or documentation from the winner to verify their identity, age and eligibility before awarding the prize.

GENERAL TERMS AND CONDITIONS

44. The Promoter reserves the right to verify the validity of entries and disqualify any entrant who tampers with the entry process, submits an entry that does not comply with these Terms and Conditions, or engages in unlawful or improper conduct intended to compromise the fair and proper conduct of the Promotion.
45. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
46. The Promoter accepts no responsibility for tax implications arising from acceptance of the prize. Entrants should seek independent financial advice if required.
47. The Promoter may disqualify an entrant or winner where, in its reasonable opinion, the entrant or winner has engaged in conduct that is unlawful, misleading, deceptive or otherwise materially prejudicial to the fair conduct of the Promotion, subject to applicable law.
48. The Promoter’s decisions concerning the administration of the Promotion and judging of entries are final, subject to applicable law. The Promoter is not required to enter into correspondence with entrants about judging decisions.
49. The Promoter accepts no responsibility for lost, deleted, late or misdirected entries, or technical difficulties with the entry mechanism, to the extent permitted by law.
50. The Promoter does not warrant that the entry mechanism will be available at all times. Entrants are responsible for ensuring their entries are submitted before the Promotion closes.
51. Entries may be moderated before being published on a website or other platform. The Promoter reserves the right not to publish entries that breach these Terms and Conditions.
52. The Promoter may request identification or other reasonable documentation to verify an entrant’s or winner’s eligibility.
53. Entrants acknowledge that participation in the Promotion and acceptance or use of the prize may involve inherent risks. Nothing in these Terms and Conditions excludes liability that cannot lawfully be excluded.
54. These Terms and Conditions are governed by the laws applicable in New South Wales, Australia, subject to any mandatory laws that apply to the Promotion.