Terms and Conditions

Promotion Name    THE GOOD NUT Crunchy vs Smooth Promotion 
Promotion Type    Consumer
Promoter    Bega Cheese Limited (ABN 81 008 358 503) of 23 Ridge Street, North Bega, NSW 2550.
Permit Numbers    Authorised under the following permits: NSW: LTPS/17/14622; ACT: TP 17/01003; SA: T17/936
Relevant State(s)    All Australian States and Territories.
Promotion Period    The Promotion starts at 24/07/2017 at 00:00:01 AEST. The Promotion closes at 12/09/2017 at 23:59:59 AEST. 
Entry Restrictions    Entry is open to residents of Australia aged 18 years or over at the commencement of the Promotion.  
Participating Stores    All stores nationally that stock and sell the Participating Products.
Participating Products    Any THE GOOD NUT Peanut Butter spread products that are specially marked with a promotional lid sticker (Promotional Sticker) containing a unique code (Unique Code).

Entry Procedure

To enter, entrants must, during the Promotion Period:
1.    purchase a Participating Product from a Participating Store (Qualifying Purchase); and
2.    visit the promotion website at www.smoothvscrunchy.com.au (the Website); and
3.    follow the prompts to fully complete and submit the online entry form by providing all details as requested including the Unique Code found on their Participating Product, their contact details and selecting whether they prefer smooth or crunchy peanut butter. 

Proof of Purchase

Entrants must retain their original itemised receipt to verify each entry submitted (Proof of Purchase). 

Maximum Number of Entries

Multiple entries permitted. Only 1 entry will be permitted for each Unique Code obtained through a Qualifying Purchase.  Once a Unique Code has been entered into the Website, it cannot be used again.

Each entry must be submitted separately in accordance with these terms and conditions.

Verification Requirements

If requested by the Promoter, provisional prize winners may be required to send the original copy of their Proof of Purchase (corresponding to all entries submitted during the Promotion Period) to the Promoter (following the instructions set out in the notification message), before they will be awarded the relevant prize.

Entrants may be required to provide proof of identity, proof of age and proof of residency to verify their entry (Proof of Identity).  Identification considered suitable for verification is at the Promoter’s discretion.

If an entrant/provisional winner or winner fails to provide Proof of Identity or Proof of Purchase on request, their entry/prize claim may be deemed invalid at the Promoter’s discretion.  

Entering under a false name/s or identity may result in the Promoter invalidating entries. Multiple entries under different names and/or different emails from the same residential address may also invalidate all entries at the Promoter’s discretion, unless Proof of Purchase can be produced on request.

Prize Draw Procedure

Prize Draw: random electronic selection from all complete, eligible and valid entries received during the Promotion Period.
Time: 18/09/2017 at 11am AEST.

Location: Night & Day, 8 Simpson Street, Moorabbin, Victoria, Australia, 3189.
Major Prize Winners: The first three (3) complete, valid and eligible entries drawn from all valid entries received during the Promotion Period (excluding previous winning entries) will each win a Major Prize.
Minor Prize Winners: the next twenty (20) complete, valid and eligible entries drawn from all valid entries received during the Promotion Period (excluding previous winning entries) will each win a Minor Prize.
There is a maximum of 1 Major Prize and 1 Minor Prize to be won per person, except for SA residents.

Major Prize Details

Each Major Prize Winner may choose one (1) of the following two (2) prize options:

1.)    The Crunchy Option:
A ‘Theme Park Family Holiday’ for two (2) adults and two (2) children (who must be aged 11 years or under) valued at up to RRP AU$15,000, depending on the winner’s point of departure, comprising of:
a)    return economy class airfares for the winner, one (1) other adult and two (2) children aged 11 years or under, departing the winner’s nearest Australian capital city airport to Chicago, USA; 
b)    five (5) nights’ accommodation in a 4* hotel in Chicago (hotel and exact type of room determined by the Promoter); 
c)    tickets (valid for one day) for the winner, one (1) other adult and two (2) children aged 11 years or under to the 6 Flags theme park in Chicago; and
d)    selected additional activities, determined by the Promoter in its absolute discretion, based on the winner’s chosen travel dates and subject to the total allocated prize budged of up to AU$15,000.

The holiday will be booked by an authorised representative of the Promoter and no element of the prize will be awarded as cash.

OR

2.)    The Smooth Option: 
A ‘Family Cruise’ departing from Sydney, Australia, for two (2) adults and two (2) children (who must be aged 11 years or under), valued at up to a maximum RRP AU$15,000 depending on the winner’s point of departure and cruise selected. The Promoter will liaise with the winner to determine the winner’s preferred cruises and destination, within the available travel dates and the allocated prize budget. In the event that agreement cannot be reached, the Promoter will determine the exact cruise awarded. All cruise and any other bookings are subject to availability and the conditions of the selected prize providers. The full inclusions of the ‘Family Cruise’ prize will depend on the winner’s location and the cruise chosen, and will at all times be subject to the maximum allocated prize budget of AU $15,000. The cruise will be booked by an authorised representative of the Promoter and no element of the prize will be awarded as cash.

See Major Prize Restrictions for important information regarding the Major Prize Options.

Major Prize Restrictions

Specific Conditions relating to “The Crunchy Option” Major Prize 

Travel:  All travel is subject to availability at all times and may be dependent on selected seat class with airlines or specific room category availability with accommodation partner. Travel is not available during peak periods or blackout dates, including but not limited to Australian and USA school holidays.  Any other blackout periods will be notified to the winner at the time of booking.  Once bookings have been confirmed, the winner and their travel companions will be solely responsible for organising any amendments or extensions to the bookings, and any associated costs. Frequent flyer points will not form part of the prize.

Travel documents:  The winner and their travel companions must hold a current passport with a minimum of 6 months validity from the departure date.  The winner and their travel companions must have valid travel insurance for the duration of their travel. The winner and their companions must obtain any visas as necessary, at their own cost.

Booking deadline:  All bookings must be made a minimum of four (4) months prior to the requested departure date.  All bookings and documentation regarding the prize must be made via a supplier nominated by the Promoter. Prize must be taken and completed within 12 months of the Prize Draw. 
Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by each prize supplier and the airline carriers in accordance with normal travel practices. 
Ancillary costs:  All other costs associated with taking the Major Prize (including but not limited to passport and visa costs, meals, beverages, laundry services, spending money, transport to and from departure point, insurance, travel insurance and all other ancillary costs not expressly included in the Major Prize description, as well as the costs of obtaining any of these) are the responsibility of the winner and their travel companions. Winner may be required to provide their credit card to prize suppliers, for any incidental costs.

Specific Conditions relating to “The Smooth Option” Major Prize

The winner will receive a cruise valued at up to AU$15,000. The allocated prize budget can only be used toward the cruise costs, and any necessary return economy flights from the winner’s nearest Australian capital city airport to Sydney Australia.  

Bookings:  All bookings and cruises are subject to availability at all times and may be dependent on selected airline seat or cruise ship cabin class, or specific room category availability with accommodation partner.  Prize cannot be taken during peak periods or blackout dates, including but not limited to Australian and overseas school holiday periods.  Any other blackout periods will be notified to the winner at the time of booking.  Once bookings have been confirmed, the winner and their travel companions will be solely responsible for organising any amendments or extensions to the bookings, and any associated costs. There are no restrictions on the choice of cruise/cruise provider, other than fitting within the allocated budget and availability. Winner may be required to provide their credit card to prize suppliers, for any incidental costs. Frequent flyer points will not form part of the prize.  The Promoter will not be liable if a winner is unable to receive the cruise of their choice, for whatever reason.

Travel documents:  The winner and their travel companions must hold a current passport with a minimum of 6 months validity from the departure date if leaving Australia. The winner and their companions must obtain any visas as necessary, at their own cost. The winner and their travel companions must have valid travel insurance for the duration of their travel.

Booking deadline:  All bookings must be made a minimum of six (6) months prior to departure date. The cruise must be taken within twelve (12) months of the Prize Draw. All bookings and documentation regarding the prize must be made via prize suppliers nominated by the Promoter. 
Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by each prize supplier, the airline carriers and cruise providers in accordance with normal travel practices. 
Ancillary costs:  All other costs associated with taking the Major Prize (including but not limited to passport and visa costs, meals, beverages, laundry services, spending money, transport to and from departure point, insurance, travel insurance and all other ancillary costs not expressly included in the Major Prize description, as well as the costs of obtaining any of these) are the responsibility of the winner and their travel companions. 

Minor Prize Details

Each Minor Prize consists of 52 jars of 375g THE GOOD NUT Peanut Butter valued at RRP AU$237.12 in total. The Promoter will liaise with each Minor Prize winner to determine what variety of THE GOOD NUT Peanut Butter the winner wishes to receive (i.e. Smooth or Crunchy), which will be subject to availability.  Minor Prizes will be delivered quarterly with 13 x jars delivered every 3 months and 4 deliveries occurring in total. Deliveries will occur on the dates and times as determined by the Promoter.

Total Prize Pool    Up to AU$49,742.40 (RRP incl. GST).

Notification & Publication of Winners

All provisional winners will be contacted in writing and by telephone within 2 business days of the draw.
Winners’ names will be published on the Website on 22/09/2017 for a period of 28 days.

Prize Delivery

If a provisional prize winner complies with these Terms and Conditions and the Promoter verifies and accepts their entry in accordance with these Terms and Conditions, the Promoter will deliver the prize (where applicable) within 28 days of the prize being awarded, to the address provided by the entrant at the time of completing their entry or via the verification process.

The Promoter takes no responsibility for an incorrect postal address being provided when entering the promotion, and (once dispatched), the Promoter is not liable for any prize that has been lost, stolen, damaged or tampered with in any way.

Prize Claim Date

All prizes must be accepted and claimed by 11.00am AEDT on 18/12/2017.

Unclaimed Prize Arrangements

In the event of any unclaimed prize/s, an unclaimed prize draw will be conducted as follows: 
Time & Date: 20/12/2017 at 11am AEDT.

Location: Night & Day, 8 Simpson Street, Moorabbin, Victoria, Australia, 3189.
Any winner/s in the unclaimed prize draw will be notified in writing and by telephone within two (2) business days and their name will be published on the Website on 22/12/2017 for a period of 28 days.
 

Trade Promotion: Game of Chance

Conditions of Entry
1.    These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion.  The Schedule prevails to the extent of any inconsistency with these Conditions of Entry.  Participation in the Promotion constitutes acceptance of these Conditions of Entry.
2.    Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.

Eligibility
3.    If this is a consumer promotion, entry to the Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions (if any).  
4.    If this is a retailer promotion, entry to the Promotion is open to individuals who own a Selected Business in the Relevant State(s) and who meet the Entry Restrictions (if any).  If ownership of a Selected Business changes during the Promotion Period, only the new owner will be eligible to enter the Promotion.  Where a Selected Business is owned by a company or other legal entity, entry is open to a nominated representative of that entity (eg, a nominated shareholder or partner) who meets the entry criteria specified in this paragraph.
5.    If this is an internal promotion, entry to the Promotion is open to Bega Cheese Limited employees who meet the Entry Restrictions (if any).
6.    Unless this is an internal promotion, directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this Promotion are ineligible to enter.  “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.

Entry
7.    The Promotion will be conducted during the Promotion Period.
8.    To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
9.    Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.  Computer generated or other automated entries will not be accepted.  Once submitted, entries may not be altered or deleted.
10.    Entrants may enter the Promotion up to the Maximum Number of Entries.  Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable).
11.    Entries must be received by the Promoter during the Promotion Period.  Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
12.    If the Promotion involves mail entry, each entry must be sent in a separate envelope.
13.    If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST), whether sent during or outside the Promotion Period.  SMS entry is only open to entrants with a compatible mobile phone connected to a service provider that permits text messaging to the Promotion SMS number.  Entrants are encouraged to check this with their service provider before entering the Promotion.  SMS entries must be submitted from the entrant’s mobile phone.
14.    If the Promotion involves entry via a competition phone line, the maximum cost of a standard call to the competition phone line is 55 cents (inc GST), whether calls are made during or outside the Promotion Period.  Higher rates may apply for calls made from mobile or public phones.

Entry Content
15.    Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry.  For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
16.    Incomplete and ineligible entries will be deemed invalid.  Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
17.    Entries must be the entrant’s original work.  The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work.  If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
18.    An entrant’s entry must not include:
a.    any image or voice of any other person without that person’s express consent.  Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b.    any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and 
c.    any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so.  If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it.  By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
19.    The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
20.    By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise).  By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry.  The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public.  It may also allow third parties to do these things.

Challenge
21.    If the Promotion involves a challenge, the challenge will be conducted as specified in the Entry Procedure.  Entrants (and other challenge participants, if applicable) must comply with any reasonable directions or guidelines notified to them in connection with the challenge.  If an entrant or challenge participant is under 18 years of age, they must have written permission from a parent or legal guardian before being able to participate in the challenge.
22.    Unless otherwise specified, entrants and challenge participants are responsible for making their own way to and from the challenge, at their own cost.

Facebook promotions
23.    If the Promotion is conducted via the Facebook Platform:
a.    Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
b.    Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook.
c.    Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
d.    Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion.

Determining and notifying winners
24.    The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details.  The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.
25.    If the Promotion includes instant win prizes, the instant win prize(s) will be awarded to the valid entry or entries (as applicable) in accordance with the Entry Procedure and the Instant Win Details.
26.    Winners will be notified as specified in the Schedule and their name and State/Territory of residence will be published in accordance with the Schedule.  The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of winners on their website(s) and in trade publications.  By entering this Promotion, each entrant requests that his or her full address not be published.

Prizes
27.    The prize(s) are specified in the Prize Details.  The prize(s) are subject to any restrictions specified in the Schedule.  The total prize pool is specified in the Schedule.
28.    If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider.  Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
29.    If a prize includes tickets, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider.  Once awarded, the Promoter is not be liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
30.    If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize.  If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event.  The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers.  All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner.  The winner and any travelling companion(s) must depart and return at the same time using the same carrier.  The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required).  Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner.  The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner.  The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize.
31.    If one of the people taking or participating in a prize is under 18 years of age, a parent or legal guardian of the winner must be present for the duration of the prize, as one of the participants.  The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize.  The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines notified to them by the Promoter or their chaperone.

Claiming prizes
32.    Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.
33.    If this Promotion involves instant win tickets such as specially marked product wrappers or scratchies, winners must present their winning ticket to be eligible to claim a prize.  The Promoter is not responsible for late, lost, destroyed, altered, damaged or defaced tickets.  Bona fide tickets may incorporate security and/or verification measures to guard against fraud.  The Promoter and the suppliers of prizes may conduct security and/or verification checks in their absolute discretion to determine whether a ticket is bona fide.  A ticket is void if stolen, forged, mutilated or tampered with in any way or if it or any part of it fails any of the security or verification checks.  Printing errors and other quality control errors will not be used as the sole basis for refusing prize claims.  If the advertised instant win prize pool is exceeded, all valid claims for prizes will be met.
34.    If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority.  Winners of unclaimed prizes will be notified and have their names and State/Territory of residence published in accordance with the Unclaimed Prize Arrangements.

General
35.    The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.  The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred. 
36.    The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
a.    fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
b.    tampers with or benefits from any tampering with the entry process or the operation of the Promotion; 
c.    submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry; 
d.    acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
e.    engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes where entrants share receipts or product labels to enter the Promotion or where entrants use multiple names or addresses to register multiple entries.
37.    Entrants must comply with the Verification Requirements.  The Promoter may require entrants to provide these to the Promoter or its agent as part of the entry verification or prize claim process.  Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared invalid).
38.    All entries will be the property of the Promoter and will not be returned.
39.    Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or any other form of compensation.  The value of each prize is accurate as at the time of preparation of this material.  The Promoter accepts no responsibility for any variation in the value of a prize after that date.  If a prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the relevant authorities in the Relevant State(s), if required.  If a winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the Prize.  The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.  
40.    If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize.  If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid.  Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.
41.    If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material.
42.    If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required. 
43.    The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
44.    Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities.  By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
45.    The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion (including Facebook, if the Promotion is conducted via a Facebook Platform) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
46.    The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
47.    The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
48.    The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings.  Independent financial advice should be sought.  Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
49.    The information you provide will be used by the Promoter for the purpose of conducting this promotion.  The Promoter may disclose entrants’ personal information to companies and agencies connected with this Promotion and to the relevant gaming authorities, and winners’ names and their State/Territory of residence may be published in accordance with these Terms and Conditions and as required under relevant legislation.  The Promoter’s privacy policy is available on the Promoter’s website https://www.begacheese.com.au/privacy-policy/.