“NOMO AUSTRALIA SOCIAL MEDIA PROMOTION (CONSUMER)”
TERMS AND CONDITIONS

    Participation
  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter, and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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.
  4. Entries into the promotion open at 2:00pm AEDST on 19/03/23 and close at 11:59pm AEDST on 28/03/23 (“Promotion Period”).
  5. This promotion will consist of two (2) draws, being the “Rainbow Nourishment Draw” and the “Nourish Naturally Draw” (as detailed further below).

    Rainbow Nourishment Draw
  6. To be eligible to enter and receive one (1) entry into the Rainbow Nourishment Draw, individuals must complete the following steps during the Promotional Period:
    (a) Follow both the Promoter’s Instagram page @nomochocolate and Influencer Anthea Cheng’s Instagram page @rainbownourishments; and
    (b) then locate the promotional post found on @rainbownourishments and tag at least one (1) friend in the comments section.
  7. To receive ten (10) bonus entries into the Rainbow Nourishment Draw, individuals must, during the Promotional Period:
    (a) Create one (1) NOMO Hot Cross bun (recipe found at @rainbownourishments); and
    (b) post content of their creation to their own Instagram account, tag both @rainbownourishments and @nomochocolate and include “#makeachangewithNOMO” in the caption.

    Nourish Naturally Draw
  8. To be eligible to enter and receive one (1) entry into the Nourish Naturally Draw, individuals must complete the following steps during the Promotional Period: (a) Follow both the Promoter’s Instagram page @nomochocolate and Influencer Rebecca Gawthorne’s Instagram page @nourish_naturally; and then locate the promotional post found on @nourish_naturally and tag at least one (1) friend in the comments section.
  9. To receive ten (10) bonus entries into the Nourish Naturally draw, individuals must, during the Promotional Period:
    (a) Create one (1) NOMO Hot Cross Cookie (recipe found at @nourish_naturally); and
    (b) post content of their creation to their own Instagram account, tag both @nourish_naturally and @nomochocolate and include “#makeachangewithNOMO” in the caption.

    General Conditions
  10. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Instagram comment and content post into each draw; and (b) each entry must be submitted separately and in accordance with entry requirements.
  11. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  12. Incomplete or indecipherable entries will be deemed invalid.
  13. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  14. The draws will take place at Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250 on 29/03/23 at 3:00pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by Instagram direct messenger within two (2) business days and their names will be published online at https://www.instagram.com/rainbownourishments/ and https://www.instagram.com/nourish_naturally/ from 29/03/23.
  15. The Promoter’s decision is final and no correspondence will be entered into.
  16. The first (1) valid entrant drawn from each draw will each win one (1) NOMO Easter Hamper valued at $100.00.
  17. Winners are responsible for ensuring that all prize delivery details provided are correct. The Promoter will not be liable for any costs associated with re-delivery of a prize, should the delivery details provided by a winner be incorrect.
  18. If for any reason the winners do not take the prize by 04/04/23, then the prize will be forfeited and will not be redeemable for cash.
  19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize at the time stipulated by the Promoter, then the prize will be forfeited.
  20. Total prize pool value is $200.00.
  21. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise advised.
  22. A draw for any unclaimed prizes may take place on 04/04/23 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by Instagram direct messenger within two (2) business days and their names will be published online at https://www.instagram.com/rainbownourishments/ and https://www.instagram.com/nourish_naturally/ from 04/04/23.
  23. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
    (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    (b) their Content shall not contain viruses or cause injury or harm to any person or entity;
    (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    (d) the Content is the original work of the entrant or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
    (e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

    Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
    1. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
    2. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
    3. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
    4. Any cost associated with accessing the promoters Instagram Page is the entrant’s responsibility and is dependent on the Internet service provider used.
    5. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
    6. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), 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 promotion.
    7. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), 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:
      (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 or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
      (d) any variation in prize value to that stated in these Terms and Conditions;
      (e) any tax liability incurred by a winner or entrant; or
      (f) use of a prize.
    8. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.gcbrands.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
    9. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms.
    10. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
    11. The promoter is Grocery Corporation Pty Limited (ABN 70 002 114 061) of Suite 28/22 Darley Rd, Manly NSW 2095 (Promoter).