Lucky Draw surprise bouquet competition TERMS & CONDITIONS

COMPETITION KEY DETAILS

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

Competition Name: Lucky Draw Surprise Bouquet Competition

Competition Location: Victoria, Australia

Promotional Period: 18/07/2024 - 18/08/2024

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

Winner Selection: Winners are chosen at random from a pool of entries.

Prize: The winner will receive up to 10% off flowers for your next event.

Winner Notification: Winner selection will take place on 01/08/2024. Winners will be notified on 01/08/2024 via Instagram message and announced on our Instagram by tagging.

PROMOTER DETAILS

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

COMPETITION TERMS

Please take the time to read the terms that apply to your participation in the Competition, as your entry constitutes acceptance of these terms.

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

PROMOTIONAL PERIOD

Entries will be open from 18/07/2024 at 12:00am AEST until 31/07/2024 at 12:00am AEST.

After the end date, no further entries will be permitted, 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).

ENTRY

To enter, you must

1. Find a bouquet.

2. Take a photo and post on Instagram.

3. Tag us @aprilandfritz and use the hashtag #AFSurpriseBouquet.

4. Follow us for more floral inspiration.

By participating in this competition, you accept the competition terms & conditions at aprilandfritz.com.au/surprise-bouquet. If you do not follow this process or if we deem that your entry is invalid, incomplete, fraudulent or inappropriate, your entry will be considered void.

It is a condition of entry that all eligible Entrants consent to receive marketing communications from us and any prize supplier and not opt out during the Promotional Period.

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

We reserve the right amend the Competition 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 an Entrant or cancel the Competition at our discretion and subject to any applicable law.

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

PRIZES

Winner selection will take place on 01/08/2024 at our studio and will be determined by us based on selection at random from a pool of entries, as determined by a spin the wheel. The Winner will receive up to 10% off flowers for their next event, eligible for use within a twelve month period (minimum spends apply).

WINNER SELECTION AND NOTIFICATION

Winner selection will take place on 01/08/2024.

Winners will be notified on 01/08/2024 via Instagram and announced on our Instagram with your Instagram handle tagged.

You acknowledge that our decision is final and we will not enter into any communication with you with regard to the administration, rules or results of the Competition including but not limited to any decision made in relation to eligibility.

WINNER RESPONSES, UNCLAIMED OR FORFEITED PRIZES

We may request that the Winner/s provide proof of identity, proof of age, proof of residency or proof of Instagram following prior to awarding any prize. If the Winner does not provide the requested proof within fourteen (14) days of being selected as a Winner, or does not accept the prize within this timeframe, they may be deemed to have forfeited their entitlement to their prize. In those circumstances, we reserve the right to reallocate the prize in accordance with the Prize Conditions below.

By participating in the Competition, you acknowledge that if you are a Winner, you:

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

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

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

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

• agree to provide proof of Instagram following; and

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

• agree to the following minimum spend to utilise the prize:

  • Weddings - minimum spend of $4000 AUD

  • Private Events - minimum spend of $1500 AUD

  • Corporate Events - minimum spend of $1500 AUD

  • Funerals - minimum spend of $1500 AUD

PRIZE EXCLUSIONS

The following exclusions apply to the prize/s:

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

PERMIT

Where the Competition 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.

PRIZE CONDITIONS

By participating in the Competition, you acknowledge that, in order to claim the prizes, you will need to respond to us via return email by 15/08/2024 and provide all information we reasonably request in order to facilitate delivery of the prizes.

You accept and agree that the prize 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, if the Prizes or any part thereof is unavailable, we reserve the right to award a prize of equivalent value and specification as the original prize.

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

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

INTELLECTUAL PROPERTY RIGHTS

By participating in this competition 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 the competition, 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 prize winner ineligible.

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

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 competition 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 competition terms and conditions. In such cases, the participant may be disqualified from the competition 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 Competition, we may collect your personal information to enable us to manage, administer and promote the Competition and, where applicable, announce and publicise the Winner details.

This personal information may also be provided to persons assisting us, including prize 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 in the Competition, 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 prize 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 Competition, you acknowledge that if you are a Winner consent to us and any prize 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 Competition and/or the prizes. 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 Prize, or the breach of those conditions by any person and the consequences, which may follow;

b)     any element of the Prize 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 Competition 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 Competition 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 Competition. In the event of significant Technical Issues, the Promoter reserves the right to extend entry periods, postpone or modify elements of the Competition, or take other appropriate measures to ensure fairness and integrity of the Competition.

In both Force Majeure and Technical Issues scenarios, the Promoter will communicate any changes or impacts to the Competition to participants as soon as practicable, through the same channels used to promote the Competition 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 Prize.

SOCIAL PLATFORMS

The Competition 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 Competition or any of the prizes 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 Competition.

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.