flowerpod TERMS & CONDITIONS

DISCOUNT CODE KEY DETAILS

Promoter Details: This discount code is run by April & Fritz (ABN 58 650 575 961) trading as April & Fritz (referred to in these terms as “we”, “us”, and “our”).

Discount Name: April & Fritz Podcast Code

Location: Victoria, Australia

Promotional Period: 01/06/2024 - 01/06/2025

Promotion Type: This discount code is classified as a ‘game of chance’ and not a ‘game of skill’.

Selection: The discount code is shared on the first two episodes of The April & Fritz Podcast, listeners are eligible to use the discount code within twelve months up until the 1st of June 2025.

Discount code: Includes up to $100 of item hire for one event (minimum spends apply), eligible for use within a twelve month period. Hire items include: Vases, plinths, pots, urns, flower towers, decorative items such as linen, stone tiles or candle holders.

Notification: The discount code will be applied after the consultation and applied to the quote provided.

PROMOTER DETAILS

This discount code is run by April & Fritz (ABN 58 650 575 961) trading as April & Fritz (referred to in these terms as “we”, “us”, and “our”).

DISCOUNT CODE TERMS

Please take the time to read the terms that apply to your participation, as your use of the discount code constitutes acceptance of these terms.

All instructions and other information published on our website or social media platforms in connection with this discount code will form part of these terms.

PROMOTIONAL PERIOD

The discount code will be open from 01/06/2024 at 12:00pm AEDT until 01/06/2025.

After the end date, the discount code will no longer be eligible, and we take no responsibility for late, incomplete or incorrectly submitted entries.

ELIGIBILITY

Entry is open to Australian residents over the age of 18 who are not directly associated with our business (e.g. employees, contractors, management or directors, or family members of any of these persons) from the 01/06/2024 to 01/06/2025.

USE

The discount code is limited to one per person, and any subsequent entry by the same person will be deemed invalid.

We reserve the right amend the Terms and Conditions at any time. It is the responsibility of the customer to ensure that they are aware of the latest terms and conditions.

You understand that we may disqualify any discount code or cancel the discount code at our discretion and subject to any applicable law.

You acknowledge that the outcome of the discount code is final and we will not enter into any communication with you with regard to the administration, rules or results of the the discount code.

Total value: Up to $100 of item hire for one event (minimum spends apply), eligible for use within a twelve month period.

Hire items include: Vases, plinths, pots, urns, flower towers, decorative items such as linen, stone tiles or candle holders.

RESPONSES, UNCLAIMED OR FORFEITED DISCOUNT CODES

We may request that you provide proof of identity, proof of age, proof of residency or proof of Instagram following prior to awarding any discount. If you do not provide the requested proof within fourteen (14) days of being selected as eligible or do not accept the discount code within this timeframe, they may be deemed to have forfeited their entitlement to their discount code. In those circumstances, we reserve the right to reallocate the value in accordance with the discount code conditions below.

By using the discount code, you acknowledge that if you are eligible, you:

• consent to us and any supplier using your name, likeness, image, voice and entry in any marketing and promotion of the discount code or our/their business;

• agree to comply with, and use the discount code in accordance with, the supplier’s conditions and requirements;

• agree that the discount code is not transferable or exchangeable and cannot be taken as cash; and

• agree to utilise the discount code within a twelve (12) month period; and

• understand that if the discount code is unavailable, we reserve the right to substitute it with another of the same or similar value or specification as the original.

• agree to the following minimum spend to utilise the discount code:

  • Weddings - minimum spend of $3000 AUD

  • Private Events - minimum spend of $1000 AUD

  • Corporate Events - minimum spend of $1000 AUD

  • Funerals - minimum spend of $1000 AUD

EXCLUSIONS

The following exclusions apply to the discount code:

You are solely responsible for payment of any applicable taxes, fees and other assessments on the discount code as well as reporting any discount code to the appropriate taxing authority for tax purposes, as required.

Hire items exclude anything not specifically listed under “Hire items include: Vases, plinths, pots, urns, flower towers, decorative items such as linen, stone tiles or candle holders.”.

PERMIT

Where the discount code is a game of chance, we will operate it in accordance with the relevant State and/or Territory laws. No permit required as per Victorian Commission for Gambling and Liquor.

CONDITIONS

By participating, you acknowledge that, in order to claim the discount code, you will need to respond to us via return email within fourteen (14) days and provide all information we reasonably request in order to facilitate delivery of the discount code.

You accept and agree that the discount code is not transferable or exchangeable, cannot be taken as cash, and cannot be used in conjunction with any other discounts or special offers.

If, due to reasons beyond our reasonable control, the discount code or any part thereof is unavailable, we reserve the right to award a discount code of equivalent value and specification as the original discount vode.

You consent to us and any discount code supplier using your name, likeness, image, voice and entry in any marketing and promotion of the discount code or our/their business.

You agree to comply with, and use the discount code in accordance with, the supplier’s conditions and requirements.

INTELLECTUAL PROPERTY RIGHTS

By participating and submitting user-generated content (such as photos, videos, or written entries), participants agree to grant to us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display the content for the purposes of promotional materials, and related marketing activities and future promotions.

Participants represent and warrant that they are the rightful owners of the submitted user-generated content or have obtained all necessary permissions, licenses, and consents from the relevant rights holders. Participants further confirm that their content does not infringe upon any third-party intellectual property rights, privacy rights, or any other proprietary rights.  If the Promoter becomes aware of or believes that there has been a breach of any warranty contained in these terms and conditions, we may deem the discount code winner ineligible.

We acknowledge that participants retain their ownership rights to the user-generated content submitted for the discount code, subject to the granted license mentioned above. However, we shall have no obligation to display or use the content beyond the purposes of the discount code.

Participants understand and agree that we may attribute their name or social media handle alongside their user-generated content when used in relation to the discount code or promotional materials.

We reserve the right to remove or disqualify any user-generated content that violates intellectual property rights, is deemed inappropriate, or does not comply with the discount code terms and conditions. In such cases, the participant may be disqualified from the discount code without prior notice.

Participants acknowledge that we assume no responsibility for any unauthorised use or infringement of third-party intellectual property rights resulting from the submission or use of user-generated content.

PRIVACY AND MARKETING CONSENT

All personal information is handled in accordance with these conditions and our Privacy Policy www.aprilandfritz.com.au/privacypolicy.

As a condition of your participation in the discount code, we may collect your personal information to enable us to manage, administer and promote the discount code and, where applicable, announce and publicise the Winner details.

This personal information may also be provided to persons assisting us, including discount code suppliers and deliverers, marketing agencies, media outlets and related businesses, for the purposes of carrying out future promotional campaigns and providing information about our products and services. By participating, you consent to these uses and disclosures of your personal information.

On entry, you also consent to the retention of your personal information for our use from time to time to let you know about news, offers, products and services that you may be interested in, through any medium. You acknowledge that we may collect and disclose your information to third parties that provide us with data analysis and matching services, as well as general marketing services.

It is a condition of entry that all Eligible Participants consent to receiving marketing communications from us and any discount code supplier and not opt out during the Promotional Period.

After the Promotional Period, you may unsubscribe from marketing communications at any time.

By participating in the discount code, you acknowledge that if you are a Winner consent to us and any discount code supplier using your name, likeness, image, voice and entry in any marketing and promotion of the Competition or our/their business.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors, nor any other Promoter, responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your entry into the discount code and/or the value. Our liability for any breach of a condition or warranty under these terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

To the extent permitted by law, we do not accept any responsibility, and are not liable for:

a)     any additional conditions imposed by third party service providers on the taking of the discount code, or the breach of those conditions by any person and the consequences, which may follow;

b)     any element of the discount code which is cancelled or delayed, or where the location is changed (if applicable), or any other occurrence which is out of our reasonable control.

The Promoter shall not be held liable for any delay or failure in performance of any part of the discount code due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, governmental actions, pandemics, labour strikes, and other unforeseen events (collectively referred to as 'Force Majeure'). In the occurrence of such Force Majeure events, the Promoter reserves the right to cancel, postpone, or modify the discount code as necessary, while making all reasonable efforts to minimise the impact on participants.

The Promoter also acknowledges that technical issues, including but not limited to software malfunctions, hardware failures, internet disruptions, or other electronic or technical problems (collectively referred to as 'Technical Issues'), may occur. While the Promoter commits to taking reasonable steps to prevent and address such Technical Issues, it shall not be held liable for any impact these issues may have on the entry, execution, or outcome of the discount code. In the event of significant Technical Issues, the Promoter reserves the right to extend entry periods, postpone or modify elements of the discount code, or take other appropriate measures to ensure fairness and integrity of the discount code.

In both Force Majeure and Technical Issues scenarios, the Promoter will communicate any changes or impacts to the discount code to participants as soon as practicable, through the same channels used to promote the discount code or through direct communication to affected parties.

Except for any liability that cannot be law be excluded, we (including its respective officers, affiliated companies, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity) of any kind; whether direct, indirect, special or consequential, arising in any way out of or connected to the Promotion or these Terms and Conditions.

Eligible Participants agree that we will not be liable for any injury or damage, howsoever caused, associated with or in connection with the Promotion or the discount code.

SOCIAL PLATFORMS

The discount code is in no way sponsored, endorsed, administered or associated with Instagram or Facebook (Platforms). You agree to release the Platforms from any liability, all claims and demands arising out of, or in connection with, your participation in this discount code or any of the value offered. You further agree to any rules or guidelines stipulated by the Platform relating to the use of the Platform and your participation in any discount code.

SEVERABILITY

If any term or provision of these terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these terms will remain in full force and effect.

GOVERNING LAW AND JURISDICTION

All terms shall be construed in accordance with and governed in all respects by the laws of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.