Win a Ninja Foodi Blender!

General
1. The Promoter is NewsCorp (ABN 57 088 923 906) of 2 Holt Street, Surry Hills, NSW,
Australia, 2010. Telephone number (02) 8062 2666.
2. Information on how to enter and prizes forms part of the terms of entry. Entry into the
competition is deemed acceptance of these terms and conditions.
3. To the extent of any inconsistency between these Terms and Conditions and any other
reference to this competition, these Terms and Conditions prevail.
Who can enter
4. Entry is open to all residents of Australia over the age of 18 except employees and
immediate families of the Promoter and their associated companies and agencies and
participating outlets. Immediate family means any of the following: spouse, ex-spouse,
defacto 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. Entrants into this competition must be 18 years of age or older as at the date of entry.
6. The Promoter reserves the right to request winners to provide proof of identity, proof of
residency at the nominated prize delivery address and/or proof of entry validity or proof of
registration ownership in order to claim a prize. Proof of identification, residency and entry
considered suitable for verification is at the discretion of the Promoter. In the event that a
winner cannot provide suitable proof, the winner will forfeit the prize in whole and no
substitute will be offered.
When to enter
7. The competition commences on 10 September 2020 at 9:00am AEST and concludes on
7 October 2020 at 23.59 AEDT. Entries must be received by the Promoter prior to the
competition close date and time.
8. The time of entry will in each case be the time the online entry is received by the
Promoter’s database, not at the time of transmission by the entrant.
9. The Promoter accepts no responsibility for any late, lost or misdirected entries including
SMS messages not received by the Promoter or delays in the delivery of the SMS
message due to technical disruptions, network congestion or for any other reason. SMS
entries via the internet or computer generation and not attributable to a valid mobile
phone account is invalid and will not be accepted.
How to enter
10. Entrants may enter the competition by:
Submitting their original entry:
• by logging onto taste.com.au and registering their details including (but not limited
to) full name, address, post code, telephone number, e-mail address,code-word /
subscription number (if required) and answer in 25 words or less to the question
“What are your essential smoothie ingredients?” to complete their entry. The cost
of accessing the promotional website will be dependent on the entrant’s individual
Internet Service Provider. The most creative will win.
11. Entrants are required to take full responsibility for the content of their entry and for
ensuring that their entry complies with these terms and conditions. For the purposes of
these content requirements, “entry content” includes any content (including text, photos,
videos and email messages) that entrants submit, upload, transmit, publish, communicate
or use in connection with their entry into the Promotion. Entries must be the entrant’s
original work. The Promoter reserves the right to verify, or to require the entrant to verify,
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that the entry is the entrant’s original work. If an entry cannot be verified to the
Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its
absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s
entry. An entrant’s entry must not include:
(a) any image or voice of any other person without that person’s express consent.
Entrants warrant that if any such content is included, they have obtained the
express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is
potentially insulting, inflammatory, defamatory, obscene, offensive,
discriminatory, indecent or otherwise objectionable or inappropriate (which
includes, without limitation, any content involving nudity, malice, excessive
violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound
recording, or any other item in which copyright subsists, unless the entrant is
entitled to do so. If an entrant has any doubts about whether they have the right
to include any content (for example, recorded music) they must not include it. By
including any such content in their entry, the entrant warrants that they have the
permission of the relevant copyright owner to do so and that this permission
allows the Promoter to use the entry in accordance with these terms and
condtions.
The Promoter reserves the right to disqualify a winner if Promoter becomes aware that
the winner and/or the winner’s entry is of a type described in this clause.
12. Any entry that is made on behalf of an entrant by a third party will be invalid.
13. The Promoter reserves the right to disqualify any entrant who tampers with the entry
process, who submits an entry that is not in accordance with these terms and conditions
or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion
which is fraudulent, misleading, deceptive or generally damaging to the goodwill or
reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants
and households using multiple email addresses, postal addresses, PO Box addresses or
SIM cards to register single or multiple purchases.
Number of Entries permitted
14. Only one entry per person. Only one prize will be awarded per person.
Determination and Notification of winner
15. The winner will be the valid entry submitted in accordance with these terms and
conditions that is judged by the taste.com.au editorial team to be the most creative and
original at 10am (AEDT) on 12/10/2020 at 2 Holt St, Surry Hills, NSW 2010.
This competition is a game of skill. Chance plays no part in determining the winner.
16. If any particular determination is scheduled on a public holiday, the determination will be
take place on the following business day.
17. The Promoter’s decision is final and the Promoter will not enter into correspondence
regarding the competition result or any other decisions the Promoter makes in connection
with the Promotion.
18. The winner/s will be notified by telephone or email within two days of being determined.
Winner/s of prizes will be published online at taste.com.au within seven days.
19. Prizes will be awarded to person named in the entry. However, in a dispute, will be
awarded to the account holder of the entry mechanism used to submit their entry (i.e.
mobile phone account holder or land line account holder).
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20. Should an entrant’s contact details change during the promotional period, it is the
entrant's responsibility to notify the Promoter. A request to access or modify any
information provided in an entry should be directed to the Promoter.
21. If the winner has not claimed the prize by 1 November 2020 then he or she will forfeit the
prize and the prize will be awarded to the valid entry submitted in accordance with these
terms and conditions that is judged by the taste.com.au editorial team to be the next most
creative and original at 2pm AEDT on 1 November 2020 at 2 Holt St, Surry Hills, NSW,
2010. The winner of the unclaimed prize will be notified by telephone or email within two
days of the date on which they are judged to be the unclaimed prize winner. Winner/s of
prizes valued over $250 will be published in The Australian newspaper within 14 days of
the date on which they are judged to be the unclaimed prize winner.
Prize on offer
22. Individual prize value is up to $400 (including GST). Total prize pool value is up to $400
(including GST) as at 10 September 2020. One winner will receive: 1 x Ninja The Foodie
Cold & Hot Blender.
23. Unless otherwise expressly stated, prize values are based upon the recommended retail
prices at the time of first publication of these Terms and Conditions (inclusive of GST).
The Promoter accepts no responsibility for change in prize value between now and the
ultimate prize redemption date.
24. Independent financial advice should be sought as tax implications may arise as a result of
accepting the prize.
25. Prizes cannot be transferred, exchanged or redeemed for cash.
26. It is a condition of accepting the prize that the winner must comply with all the conditions
of use of the prize and the prize supplier’s requirements
27. It is a condition of accepting the prize that the winner may be required to sign a legal
release in a form determined by the Promoter in its absolute discretion. If an entrant
under 18 years of age wins a prize then their parent or guardian must sign the legal
release referred to in this clause on the minor’s behalf.
Further Terms and Conditions
28. The Promoter (subject to State and Territory Legislation) reserves the right to amend,
cancel or suspend this competition if an event beyond the control of the Promoter
corrupts or affect the administration security, fairness, integrity or proper conduct of this
competition. The Promoter will disqualify any individual who has tampered with the entry
process or any other aspect of this competition.
29. The Promoter and their associated agencies and companies assume no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access to, or alteration of
entries, and reserves the right to take any action that may be available.
30. If for any reason this competition is not capable of running as planned, including (without
limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention,
fraud, technical failures or any causes beyond the control of the Promoter, the Promoter
reserves the right in its sole discretion take any action that may be available, and (without
limitation) to cancel, terminate, modify or suspend the competition, subject to any
direction given under State Regulation.
31. Any cost associated with accessing the promotional website is the entrant's responsibility
and is dependent on the Internet service provider used.
32. Any cost associated with accessing the promotional website is the entrant's responsibility
and is dependent on the Internet service provider used.
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33. Any entrant found to be using any form of software or third party application to enter
multiple times (including scripting software) will have all entries invalidated and any claim
to any prize will be invalidated. If such an entrant is awarded a prize and then found to
have breached this clause, the entrant must immediately return any awarded prize to the
Promoter. The Promoter has sole discretion to determine if this clause has been
breached by any entrant. The Promoter reserves the right to request whatever
documentation it deems necessary to confirm if the entrant has breached this clause. An
entrant must provide any requested documentation to the Promoter upon request.
34. An entrant may not use a third party (including online competition entry site) to enter on
their behalf, except where the entrant needs to use those services of that third party to
enter due to a disability. If the preceding sentence has been breached, the entrant will
have all entries invalidated, any claim to any prize will be invalidated and where such an
entrant has already been awarded a prize before being found to have breached this
clause, the entrant must immediately return any awarded prize to the Promoter. The
Promoter has sole discretion to determine if this clause has been breached by any
entrant. The Promoter reserves the right to request whatever documentation it deems
necessary to confirm if the entrant has breached this clause. An entrant must provide any
requested documentation to the Promoter upon request.
35. Any entrant found to be entering incorrect contact details, including incorrect email
contact details, will have all entries invalidated and any claim to any prize will be
invalidated. If such an entrant is awarded a prize and then found to have breached this
clause, the entrant must immediately return any awarded to the Promoter. The Promoter
has sole discretion to determine if this clause has been breached by any entrant. The
Promoter reserves the right to request whatever documentation it deems necessary to
confirm if the entrant has breached this clause. An entrant must provide any requested
documentation to the Promoter upon request.
36. If the prize is unavailable, for whatever reason, the Promoter reserves the right to
substitute the prize for a prize of equal or greater value, subject to State Regulation. It is a
condition of accepting the prize that the winner must comply with all the conditions of use
of the prize and prize supplier’s requirements.Each prize must be taken as stated and no
compensation will be payable if a winner is unable to use the prize as stated.
37. The Promoter highly recommends a current residential street address be provided when
requested for ease of correspondence and potential prize delivery. The Promoter makes
all reasonable efforts to deliver prizes to the addresses provided by competition entrants.
The Promoter cannot guarantee that any prizes returned to the Promoter due to nondelivery at the provided address will be re-sent to the prize winner. The Promoter and its
associated agencies and companies will not be liable for any damage to or delay in transit
of prizes.
38. The Promoter reserves the right to redetermine the winner in the event of an entrant,
claiming to be a winner, being unable to satisfy these Terms and Conditions.
Copyright, Statutory guarantees, Waiver and liability
39. In consideration for the Promoter awarding the prize to the winner, the winner hereby
permits the winner’s submission, image and/or voice, as recorded, photographed or
filmed during the winner’s participation in the prize to appear in connection with the
Promoter or News Limited publications, or the advertising or marketing thereof, in any
media whatsoever throughout the world and the winner will not be entitled to any fee for
such use.
40. The Promoter acknowledges that the entrant may own intellectual property rights
(including copyright) in any material created or otherwise submitted to the Promoter in
connection with the entrant’s entry or participation in any aspect of the promotion
(Works). The entrant does not transfer their intellectual property rights to the Promoter by
submitting an entry. The entrant hereby grants the Promoter a non-exclusive, irrevocable,
perpetual, worldwide licence to use the Works (including modifying, adapting or
publishing the Works, whether in original or modified form, in whole or in part or not at all,
to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including
without limitation, in any online media formats and through any social media channels,
pages or accounts) for the sole purpose of running the promotion, promoting and
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celebrating the promotion and future promotions and agrees that the Promoter may
assign and/or sublicense the Works to third parties for this same purpose. Should the
Promoter wish to use an entrant’s Works for any other purposes, it will contact the entrant
to discuss licensing opportunities.
The entrant acknowledges and agrees that neither the entrant nor any third party shall be
entitled to any fee, royalty or other consideration in respect of such licence. If the entrant
holds, now, or at any time in the future, any so called “droit moral” or moral rights in
connection with the Works, the entrant unconditionally and irrevocably consents, for the
benefit of the Promoter and all of its assignees, licensees and sub licensees to minor
alterations to the Works which may be required for print or display purposes such as
resizing and minor colour correction notwithstanding that such conduct may amount to
derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth)
(Copyright Act). All Entrants consent to attribution by either full name or social media
handle in satisfaction of their right to attribution under the Copyright Act.
41. In the case of the intervention of any outside act, agent or event which prevents or
significantly hinders the Promoter’s ability to proceed with the competition on the dates
and in the manner described in these terms and conditions, including but not limited to
vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike,
war, act of terrorism, the Promoter may in its absolute discretion cancel the competition
and recommence it from the start on the same conditions, subject to any directions given
under State Regulation.
42. The Promoter does not exclude any rights and remedies in respect of goods or services
under the Australian Consumer Law in the Competition and Consumer Act (2010)
(Australian Consumer Law) which cannot be excluded, restricted or modified. However,
the Promoter shall not be liable for any loss or damage whatsoever which is suffered
(including but not limited to indirect or consequential loss) or for any personal injury
suffered or sustained in connection with any prize/s except for any liability which cannot
be excluded by law. The Promoter is not responsible for any incorrect or inaccurate
information, either caused by entrant or for any of the equipment or programming
associated with or utilised in this competition, or for any technical error, or any
combination thereof that may occur in the course of the administration of this competition
including any omission, interruption, deletion, defect, delay in operation or transmission,
communications line or telephone, mobile or satellite network failure, theft or destruction
or unauthorised access to or alteration of entries.
43. 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 conditions, or engaged in any
unlawful or other improper misconduct calculated to jeopardise the fair and proper
conduct of the promotion. The Promoter’s legal rights to recover damages or other
compensation from such an offender are reserved.
44. All entries become the property of the Promoter (with the exception of any intellectual
property rights comprised therein). The Promoter collects personal information about you
for the purposes of conducting this promotion but no further use of this information will be
made without prior consent.
45. Entrants’ personal information may be disclosed to State and Territory lottery
departments and winners’ names published as required under the relevant lottery
legislation. For purposes of public statements and advertisements the Promoter will only
publish the winner’s surname, initial and state. A request to access, update or correct any
information should be directed to the Promoter.
46. The Promoter collects information about you, including for example your name and
contact details which you provide when registering or using our services as well as
information from data houses, social media services, our affiliates and other entities you
deal or interact with for example by using their services. We collect and use that
information to provide you with our goods and services, to promote and improve our
goods and services, to provide you with targeted advertising based on your online
activities, for the purposes described in our Privacy Policy and for any other purposes that
we describe at the time of collection. We may disclose your information to our related
companies, including those located outside Australia. Any of us may contact you for
those purposes (including by email and SMS) at any time. We may also disclose your