Mona Victory Gardens Project Terms and Conditions

Terms and Conditions

1) Entry into the Mona Victory Gardens Project competition (“Competition”) is deemed acceptance of these Terms and Conditions (“Terms and Conditions”). Instructions on how to participate form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these terms. 

2) The Promoter is Moorilla Estate Pty Ltd (ABN 34 120 281 656) (Moorilla, We, Our, Us) of 655 Main Road, Berriedale Tasmania (“Promoter”).

Participation

3) This Competition is only open to individual Australian residents (“Entrant”).

How to enter and submission period

4) To participate in the Mona Victory Gardens Project competition : 

  1. Entrants must post before and after photo(s) or video(s) of their garden to social media; 
  2. The majority of the garden must consist of vegetable plants planted within the Submission Period.
  3. Include the designated tags communicated on the Mona Victory Gardens Project web-page and social media account; 
  4. All photo(s) or video(s) submitted must be taken within the submission period in order to be eligible;
  5. Multiple entries are allowed.

    ("Entry/ies")

5) The Submission Period (“Submission Period”) is from 3pm (AEST) on Thursday 9 April 2020 to 12 pm (AEST) Saturday 1 August 2020

Prize & Winner Selection

6) This is a game of skill. Each Entry will be individually judged based on its creative and/or original merit and the quality of the improvement of the garden during the Submission Period. Judges will be selected by the Promoter in its absolute discretion. The judges’ decision is final and no correspondence will be entered into regarding it. 

7) There will be two(2) Grand Prize Winners and twelve(12) Weekly Prize Winners (“Winner/s”). Only successful Entrants will be notified.

8) Selection of the Grand Prize Winners will be carried out at 4 pm (AEST) Sunday 2 August 2020 at Mona, 655 Main Road, Hobart, Tasmania, 7000. The Grand Prize Winners will be announced within seven(7) days of selection.

9) The Prizes: 

  1. The Grand Prize (Over 18): To be revealed progressively on the Mona Victory Gardens Project social media channels during the Submission Period and published in these terms and conditions, but consisting of a prize pool of Tasmanian goods and services, including alcohol, not valued at more than AU$5000 (GST inclusive). The Promoter accepts no responsibility for a change in the Prize value between now and the Prize redemption date. 
  2. The Grand Prize (Under 18): To be revealed progressively on the Mona Victory Gardens Project social media channels during the Submission Period and published in these terms and conditions, but consisting of a prize pool of Tasmanian goods and services not valued at more than AU$5000 (GST inclusive). The Promoter accepts no responsibility for a change in the Prize value between now and the Prize redemption date. 
  3.  The Weekly Prize: One pair of Blundstone boots valued at not less than $AU125

(“Prize/s”)

10) The Winners will be contacted and informed how to claim their Prize.. 

11) Winners will be notified via contact details they have supplied. Winners may be required to provide personal information (such as a home address or email address) to claim the Prize.

12) If a Winner does not claim his/her prize within three(3) days or if a Winner cannot be contacted, or cannot provide suitable proof as to eligibility, or compliance with these Terms and Conditions, they will forfeit the prize in its entirety and a new winner will be selected. Prizes, or any unused portion of a prize, are not exchangeable and cannot be taken as cash. The Promoter will take no responsibility if the Winner's details are incorrect or incomplete and the Successful Entrant cannot be contacted.

Further conditions of taking the Prize

13) In redeeming the Prize, each Winner accepts and agrees to comply with the standard terms and conditions applicable to the individual venues and events.

14) No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize.

15) The prize will be void if found to be onsold.

16)  All applicable taxes (excluding GST) and surcharges and all additional and ancillary costs involved, including transfers, petrol for car hire, excess baggage, spending money, meals, accommodation, additional hotel services such as room service items of a personal nature, insurance and any applicable insurance excesses and any other ancillary costs not listed above are the responsibility of the Successful Entrant as incurred.

17) Any costs associated with entering this Competition are the responsibility of each Entrant.

Warranties and indemnity

18) Each Entrant warrants to the Promoter that (a) he/she has complied with the Entry requirements; b) no Entry submitted by him/her will contain viruses or cause harm to any person or entity; and (c) he/she has and will comply with all applicable laws and regulations including without limitation copyright law and privacy law. Each Entrant agrees to indemnify the Promoter and Partners against all costs and claims in connection with a failure by him/her to comply with these Terms and Conditions.

19) Each Entrant agrees that he/she is fully responsible for each Entry he/she submits, and is fully responsible for any equipment, or other costs required for, or associated with an Entry. To the fullest extent permitted by law, the Promoter and its Partners excludes any liability for such Entries or any costs borne by the Entrant relating to such Entries.

20) This Competition is in no way endorsed, sponsored or affiliated with Instagram.

21) Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Conditions that may invalidate or disqualify the Entry, Entrants or the Competition

22) The Promoter reserves the right to disqualify any Entry where: it reasonably suspects that the Entry fails to comply with relevant law, breaches these terms and conditions, or the Entrant has failed to meet the eligibility criteria. If an entry is found to be invalid or ineligible, the prize will be redrawn.

23) If the Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated by the Promoter, the Promoter reserves the right to the fullest extent permitted by law and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition.

24) The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant's identity, age, and place of residence) and to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.

25) Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

26) The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

27)  The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.

Collection of personal information

28) The Promoter collects personal information in order to conduct this Competition. The Promoter may, for the purposes of conducting this Competition, disclose such information to third parties, including agents, contractors, service providers, suppliers and, as required, to regulatory authorities. Participation is conditional on providing this information. Personal information collected by the Promoter in connection with this Competition will be managed in accordance with its Privacy Policy (available at https://mona.net.au/privacy-statement-policy).

Liability

29) Nothing in these Terms and Conditions limits, excludes, modifies, or, purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act, as well as other implied warranties under any legislation in Australia ("Non-Excludable Guarantees"). 

30) Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and its Partners are not responsible for and exclude all liability for any personal injury or any loss or damage (including loss of opportunity) – whether direct, indirect, special or consequential – arising in any way out of the Competition, including (without limitation) out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any Entry that is late, lost, altered or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the control of the Promoter; (d) any use of the Prize; or (e) any tax liability incurred by a Entrant. (e) Physical harm resulting from participation in the competition regardless of whether safety precautions have been put in place.

General

31) If any provision of these Terms and Conditions is unenforceable for any reason, it shall be severed and the remaining Terms will remain in full force and effect.

32) The Terms and Conditions of this Competition are governed by the laws of Tasmania and the entrant agrees to the non-exclusive jurisdiction of the Courts of Tasmania.

33)   This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).

34) Mona reserves the right to update these terms and conditions at any time without prior notification. It is the entrant’s responsibility to check these terms and conditions for changes.

35) In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same conditions at a later date.