Unless the context requires otherwise, in these terms and conditions:
(a) Participating Venue means each of the participating venues listed at www.leeuwincoast.com/ata as amended from time to time;
(b) Prize means each of the prize packages referred to in clause 5.1 (as substituted from time to time);
(c) Prize Winner means an entrant that is selected in accordance with clause 4.1;
(d) Promotion means the ‘Win an Albany Farm Experience’;
(e) Promotion Period means the period commencing at 12/11/2021 and finishing on 3/1/2022;
(f) us, we, and our refers to Harvest Road Oceans Pty Ltd (ABN 78 165 170 445) of 171-173 Mounts Bay Road, Perth 6000, WA; and
(g) you and your refers to the person entering the Promotion and accepting these terms and conditions.
To be eligible to enter the Promotion, you must be 18 years of age or older, a resident of Western Australia and dine in a Participating Venue where you must order an ‘Akoya’ dish.
To enter the Promotion, you must post a picture of your Akoya dish on Instagram, tag @leeuwincoast and use the hashtag #AdventureToAkoya. You may enter as many times as you like. No other method of entry will be accepted. Your Instagram profile must be public for us to see your post.
On Wednesday 2nd February 2022 at 10am (AWST) at 171-173 Mounts Bay Road, Perth, we will select 1 winner at random as the Prize Winner.
A Prize will be awarded to a Prize Winner only once they have claimed their Prize in accordance with clause 6 of these terms and conditions.
Each Prize Winner will receive an overnight stay for the Prize Winner and their guest in boutique accommodation in Albany that we select, dinner for the Prize Winner and their guest at ‘Liberté Albany’ valued up to AU$300, car hire for one vehicle we select for up to 48 hours, return travel including economy flights if needed for the Prize Winner and their guest from your location in WA to Albany and one boat tour of Oyster Harbour, Albany for the Prize Winner and their guest. All other costs associated with the Prize including without limitation spending money, insurances and taxes are the Prize Winner’s responsibility.
The maximum total retail value of each Prize is AU$1,800.
Each Prize is subject to the following conditions:
(a) No sale, transfer or exchange of Prize: each Prize is non-transferable and cannot be exchanged or redeemed for cash, resold (at a premium or otherwise) or advertised or offered for resale through any medium. If for any reason a Prize Winner cannot take any component of their Prize, then the Prize will be forfeited.
(b) Prize Terms: the components of each Prize are subject to availability. If any component of a Prize is unavailable for any reason due to circumstances beyond our reasonable control, we reserve the right to substitute that component of the Prize with another prize of equal or greater value, subject to any applicable laws or written directions made under applicable legislation.
(c) Additional Terms: it is a condition of accepting a Prize that the Prize Winner (and any guests participating in using the Prize) must comply with any conditions of use applicable to that Prize. We are not responsible or liable for any loss, damage or injury suffered by any Prize Winner or their guest as a result of the conduct of any Prize suppliers, or otherwise as a result of the Prize Winner and their guest accepting and/or using a Prize, except for any loss, damage or injury which is due to our negligence or wilful misconduct or which cannot be excluded by law. We are not responsible for any changes in times or dates, cancellations or rescheduling of events that may prevent a Prize winner from redeeming their Prize or any part of it.
(a) We will contact each Prize Winner via Instagram within 1 business day of a draw completed in accordance with clause 4.1 to notify them that they are a Prize Winner. Each Prize Winner must provide photo identification (and any other information we reasonably request) via email to our nominated representative to verify that they meet the eligibility criteria set out in clause 2 and that they are the relevant Prize Winner.
(b) The Prize may be redeemed by 30th November 2022.The Prize Winner must provide us with a minimum of 4 weeks’ prior notice of their preferred dates for the Prize together with their guest’s details. Subject to availability, we will book all parts of the Prize on the Prize Winner’s behalf.
We reserve the right to redraw Prizes, in accordance with the terms and conditions of the original draw, if a Prize Winner is unable to satisfy these terms and conditions or forfeits their right to their Prize. A redraw is to occur up to a maximum of ten times (or any other number of times as determined in our sole discretion). If a Prize Winner has not claimed their Prize in accordance with these terms and conditions after ten redraws (or the number of redraws we determine) the Prize will be forfeited.
You irrevocably agree that we may use your entry for any matter incidental to the Promotion (or any other promotion we run) without compensating you for such use, including by:
(a) reproducing and communicating your entry to the public in whole or in part; and
(b) publicising, broadcasting and communicating your name, character, likeness and Instagram profile to the public.
(a) Use of automated software: the use of any automated entry software or any other mechanical or electronic means which allows you to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by you invalid.
(b) Lost or delayed communications: we will not be responsible for any delayed, lost or misdirected email or any other communication.
(c) Disclaimer: our responsibility to provide a Prize is limited to the Prizes described in these terms and conditions. We do not accept any further liability or commitment beyond what is stated in these terms and conditions and will not be liable for any failure of our agents or contactors to supply Prizes as stated. All times are best estimates only and we do not guarantee that events will take place exactly at the times stated in these terms and conditions. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
(d) Release: to the extent permitted by law:
(1) you and any other person partaking in any component of a Prize, release and indemnify us in respect of any claim, loss, damage, injury, expense, cost or charge sustained or in any way incurred in connection with the Prize or Promotion, or your or their participation in the Prize or Promotion; and
(2) Us, our related entities, their officers, employees, contractors and agents will not be liable for any loss, damage personal injury or other liability (including direct, indirect, consequential and economic losses) suffered or sustained in connection with this Promotion, the promotion of this Promotion, or the use of any Prize.
(e) Force Majeure: we will not be responsible for any forces of nature, pandemics, acts of God, war (declared or undeclared), riot, explosion, acts of terrorism, labour or industrial dispute including strike, action or inaction of Government (including in relation to COVID-19), forced or cessation of or interruption to trade and any other acts which are not reasonably within our control and may affect the Promotion or a Prize. If one or more of these acts occur, we reserve the right to cancel the Promotion, defer the Promotion, or change these terms and conditions.
(f) Disputes: in the event of a dispute, our decision is final and binding and no correspondence will be entered into.
(g) Privacy Notice: we may collect your personal information (including, for example, your name, handle and contact details) for the purposes of:
(1) conducting the Promotion, including publicising the results of the Promotion;
(2) running future promotions;
(3) our general marketing and publicity activities; and
(4) any other purposes related or ancillary to the above purposes.
(h) Amending these terms and conditions: subject to any applicable laws or written directions made under applicable legislation, we reserve the right to amend these terms and conditions to address any misinterpretation, misinformation or misunderstanding that may arise in the application of these terms and conditions.
(i) Acceptance of terms and conditions: your participation in the Promotion constitutes an acceptance of these terms and conditions. If you do not accept all of these terms and conditions, you must not participate in the Promotion.
(j) Disqualification: we may disqualify you from participating in the Promotion for any reason in our sole discretion. You agree that any decision to disqualify you is final.
(k) Cancellation of the Promotion: subject to any applicable laws or written directions, we reserve the right to cancel the Promotion at any time for any reason whatsoever.