Fancy Plants for Fancy Plants Prize Promotion

Fancy Plants Australia Pty Ltd ABN 95 123 746 743

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
   
   
2. 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 1^st cousin.
   
   
3. To enter the Fancy Plants promotion, individuals must before October 31, 2021 purchase any Fancy Plants product from any retail outlet and post a picture or video incorporating the product on Instagram or Facebook and tell us why you want to fancy up your home with plants. Eligible participants must tag @fancyplants_au and use the hashtag #makemyhomefancy to enter.
   
   
4. The major prize winner will be determined by the Promoter based on eligibility and merit of creative response. The Promoter will make contact with the prize winner by way of a direct message and if the winner is uncontactable or unresponsive within 72-hours, the prize will be awarded to the next most deserving and eligible winner. The Promoter will continue this till such time a major prize winner is awarded. At this point in time, The Promoter will make contact by the same means to all eligible minor prize winners and will continue to do so until all minor prize winners have been contacted and prizes claimed.
   
   
5. The Promoter reserves the right, at any time, 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.
   
   
6. This is a game of skill and chance plays no part in the promotion. The Promoter’s decision is final and no correspondence will be entered into.
   
   
7. Total prize pool value is AUD$6,000 inclusive of GST. This is represented by a major prize value of AUD$3,000 inclusive of GST and a total of six (6) minor prize winners each of AUD$500 inclusive of GST value. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification. Any change in the value of the prize between publishing date and the date the prize is claimed is not the responsibility of the Promoter.
   
   
8. Participants consent to Fancy Plants using the authorised participants submission and 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Fancy Plants.
   
   
9. 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, the Promoter reserves the right, in their discretion, to the fullest extent permitted by law (a) to disqualify any authorised representative; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
   
   
10. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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 and Fancy Plants (including their respective officers, employees and agents) exclude 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.
    
    
11. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) exclude 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.
    
    
12. 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 and prize suppliers. 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 www.fancyplants.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. The Promoter will not disclose PI to any entity outside of Australia. The Promoter is Fancy Plants Australia Pty Ltd of 262-272 Lorimer Street, Port Melbourne, Victoria 3207 (ABN 95 123 746 743).