Terms and Conditions
1. APPLICATION TERMS AND CONDITIONS
1.1 By submitting an entry into Culpepers' Competition, entrants will be deemed to have read, understood and agreed to be bound by the accompanying Terms and Conditions and the Terms and Conditions Schedule. ("TCS") at the end of these Terms and Conditions.
1.2 To the extent that there is any inconsistency between these Terms and Conditions and the TCS then the TCS will prevail.
2. DURATION / TIMELINES
2.1. Entries into Culpepers' Competition may be submitted on and following 2nd January 2017 and the Competition will close at 5.00pm on 31st March 2017 in accordance with clause 2 of the TCS.
2.2 Entries received by Culpepers via email shall be deemed to be received at the time of receipt on Culpepers' database and not at the time of transmission by the entrant.
3.1 Entrants to Culpepers' Competition are restricted to persons referred to in Item 3 of the TCS: Any entrant who does not fall within the description contained in Item 3 of the TCS will be disqualified.
3.2 Employees and the immediate families of employees of Culpepers and its related bodies corporate are ineligible to enter. Employees and the immediate families of employees of all associated sponsors and participating companies are also ineligible to enter.
3.3 Culpepers' Competition entrants may only participate in the Competition as a private qualified individual and are not entitled to enter on behalf of a business or enterprise activity they are involved in.
4. METHOD OF ENTRY
4.1 Entrants who qualify to enter Culpepers' Competition can only do so in accordance with the Method of Entry referred to Item 4 of the TCS: Any entrant who has not complied with Item 4 of the TCS via the Culpepers' website will be disqualified.
4.2 Incomplete, incomprehensible or late entries will not be considered by the judges. Culpepers reserves the right to disregard or disqualify any entry which in the opinion of Culpepers includes any content which may be unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of Culpepers.
4.3 Any person who enters or attempts to enter the Competition under more than one name will be disqualified from participating in the Culpepers' Competition, and will not be entitled to redeem a prize.
4.4 No person may enter Culpepers' Competition more than once, and a person may not enter or participate in Culpepers' Competition on behalf of any third party.
4.5 Culpepers may invoke the provisions of clauses 4.3 and 4.4 of these Terms and Condition if information comes to Culpepers' attention indicating a breach of those provisions even after Culpepers has awarded the prize to a person or after a person is announced as the prize winner. Culpepers reserves the right to require return of the prize or payment of its value to Culpepers if a breach of clauses 4.3 and 4.4 occurs or is exposed after the awarding or announcement of a prize winner.
4.6 If an entrant’s contact details change during the Culpepers' Competition period, it is the entrant’s sole responsibility to notify Culpepers. A request to access or modify any information provided in an entry must be directed to Culpepers which may accept or reject such application or modification in Culpepers' absolute discretion.
4.7 Should an entrant be required, or elect to submit any third party’s personal information, as a part of entry into Culpepers' Competition, that entrant must ensure the third party has given his, her or their express or implied consent for such details to be provided to Culpepers and any of its related bodies corporate and to be contacted by Culpepers or any of its related bodies corporate in relation to Culpepers' Competition.
4.8 Each entrant must submit a photograph of the entrant, as a condition of participation in Culpepers' Competition and in respect of which each entrant:
(a) warrants that that he or she is the person in the photograph submitted with an entry;
(b) acknowledges and agrees that his or her entry and photograph may, at the discretion of Culpepers, be posted on Culpepers' website;
(c) agrees that, and authorises Culpepers to use, edit and reproduce any photographs provided by an entrant;
(d) agrees that Culpepers has the right to publish and communicate to the public any photographs submitted by an entrant in any media including, but not limited to, print or online, at any and all times without restriction or limitation throughout the world, and for associated promotional purposes;
(e) acknowledges that any photographs provided by an entrant may be edited by Culpepers in Culpepers' sole discretion;
(f) agrees that Culpepers has the right to use that entrant’s name, likeness and other information concerning and provided by an entrant in conjunction with use of an entrant's photograph or photographs;
(g) agrees to release and discharge Culpepers now and forever from and against all actions, suits, claims and demands which an entrant may have or have had against Culpepers but for this release arising directly or indirectly out of or in respect of any infringement or violation of any personal and/or property rights of any nature (including without limitation defamation) arising out of the use of any photograph or information provided by an entrant;
(h) unconditionally waives all of his or her rights at any time to seek or obtain injunctive relief to prevent or restrict Culpepers use of a photograph or photographs and other information provided by an entrant; and
(i) warrants that he or she has obtained permission from any other person featured in a photograph provided by an entrant and for Culpepers to use and publish and republish any such the photographs.
5. JUDGING THE PRIZE WINNER
5.1 Entrants in Culpepers' Competition will be judged on his or her skill in incorporating Culpepers' products into his or her recipe, originality and presentation of each entry submitted for consideration by the judges.
5.2 The prize winner will be selected by Culpepers' judges whose decision shall be final, and the judging will take place in accordance with clause 5 of the TCS.
6.1 Details of the prize to be awarded under this Competition are set out are in Item 1 of the TCS.
6.2 Should the prize include tickets or an invitation to an event at which alcohol will be served (“an Event”) the prize winner and the guest of a prize winner must be aged 18 years or over. Minors are not permitted to attend an Event at which alcohol is served and the prize winner and the prize winner's guest must carry valid photo identification with them at all times during such an Event.
7. PRIZE CONDITIONS
7.1 The prize for the winner of Culpepers' Competition is detailed in Item 1 of the TCS. No other costs will be covered unless specified (including, but not limited to, costs of transport to and from a prize venue and meals), other than those specifically referred to in Item 1 of the TCS. All additional costs and expenses in the winner taking the benefit of the prize and the winner's accompanying guest shall be at the winner's and the winner's accompanying guest's cost. Accommodation provided as part of the prize covers room charges only.
7.2 The prize is non transferable and cannot be exchanged, and must be used on the dates specified in these Terms and Conditions, by Culpepers and the prize is not redeemable for cash.
7.3 If the prize winner does not take any element of the prize at the time stipulated by Culpepers, then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.
7.4 It is the winner’s (and if applicable the winner's accompanying guest’s) responsibility to take out any relevant insurance (including but not limited to travel insurance) which may be required or be prudent to be taken out at their own cost.
7.5 Culpepers reserves the right to exclude any person from the Competition on the grounds of their medical condition or history, or if the safety of any of Culpepers' employees is jeopardised, or for any other reason including but not limited to, bringing Culpepers' brand into disrepute. Culpepers also reserves the right to disqualify an entrant if:
(a) an entrant at any time engages in, causes or incites physical violence or engages in inappropriate, illegal, unsociable or unsafe behaviour; or
(b) the safety of any of Culpepers' officers is compromised.
7.6 Culpepers will not award the prize if the Competition is terminated for any reason beyond Culpepers' reasonable control.
8. NOTIFICATION OF PRIZE WINNER
8.1 The prize winner will be notified by either:
(a) telephone; or
(b) email; or
(c) In person
8.2 Details of the prize winner will be published on the Culpepers' website.
9. PRIZE COLLECTION
9.1 Culpepers reserves the right to require the winner to provide proof of identity, and residency consistent with the prize winner's entry details to confirm compliance with Item 3 of the TCS . If the winner cannot provide suitable proof, the winner will forfeit the prize without any compensation.
9.2 If required by Culpepers, the prize winner must sign a complete edition of these Terms and Conditions as a precondition to receiving the prize.
10. PRIZE AVAILABILITY
10.1 Culpepers will not be responsible or liable if for any reason beyond Culpepers' reasonable control any element of the prize is not provided. Culpepers may in Culpepers' absolute discretion, substitute a different prize of equivalent value in place of the prize referred to in these Terms and Conditions should for any reason the prize referred to in Item 1 of the TCS or any element thereof be unavailable or canceled.
10.2 Culpepers will not be responsible for any changes in times or dates, or cancelations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it.
10.3 As the prize involves the winner attending an overseas event, if any part of the event is canceled, varied or rescheduled for any reason, then in Culpepers' discretion, the winner and any accompanying guest will forfeit all rights to attend the relevant event and no cash or alternative compensation will be awarded in lieu of that element of the prize.
11. TAXES (IF ANY)
Any tax payable as a result of a prize being awarded to the winner will be the responsibility of the winner. An entrant, or the winner should seek independent financial advice prior to entering the Competition or accepting a prize as the winner if the question of any tax liability is of concern to the winner.
12. UNCLAIMED PRIZE
If the winner does not claim the winner's prize within a period of three (3) months from the date of determination of the winner, then the prize will be forfeited without Culpepers being obliged to make any compensation to the winner.
13. PUBLICITY OF MATERIALS
13.1 Each entrant acknowledges that it is a condition of entry that Culpepers has the right to publicise, broadcast and communicate to the public the names, characters, likeness or voices of any entrant for any promotion or matter incidental to the Competition.
13.2 Each entrant consents to the entrant's details and submissions being communicated to the public on Culpepers' website.
13.3 Entrants acknowledge that they may be required by Culpepers to participate in photo, recording, video and/or film sessions (the “publicity materials”) and acknowledge that Culpepers has the right to use such publicity materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless the entrant advises Culpepers at the time of entering into the Competition that he or she wishes to retain his or her anonymity.
13.4 Entrants entering into the Competition also acknowledge that publicity materials may be provided to the provider of any element of the prize for the purposes of promotional display.
By entering the Competition each entrant:
14.1 assigns to Culpepers all rights including present and future copyright in their entry and the publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
14.2 agrees not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Culpepers, its assigns, transferees and successors; and
14.3 undertakes and warrants to Culpepers that the entrant's submission and all materials provided to Culpepers in participating in the Competition are the entrant's original property and are not in breach of any third party intellectual property rights.
15. RELEASE AND INDEMNITY
To the maximum extent permitted by law, each entrant releases from, and indemnifies Culpepers against all claims, damages, suits, actions, liabilities, costs, losses or expenses arising out of acceptance of any prize and participation in the Competition including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, or foreseeable, or due to some negligent act or omission of Culpepers or any of Culpepers' employees, contractors or agents.
16. UNFORESEEN OBSTRUCTION, TAMPERING OR OTHER INTRUSION
16.1 If for any reason beyond Culpepers' reasonable control the Competition is not capable of running as planned (including but not limited to) the result of any technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of Culpepers which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, Culpepers reserves the right to cancel, terminate, modify or suspend the Competition and the judging related to the Competition and/or to disqualify any entrant who (whether directly or indirectly) causes any of the above interruptions.
16.2 Culpepers will not accept any responsibility for any late, lost or misdirected entries including but not limited to electronic messages not received by Culpepers due to technical disruptions, network congestion or any other reason beyond Culpepers' control. The use of any automated entry software or any other mechanical or electronic means that permits any entrant to enter into the Competition repeatedly is prohibited and will result in the disqualification of that entrant.
17. LEAVE FOR PARTICIPATION
The obtaining of time off work and/or study or related activities to participate in the Culpepers' Competition and/or the awarding of the prize will be the sole and absolute responsibility of each entrant.
18.1 If the prize winner is under the age of 18 years then these Terms and Conditions must be signed by the prize winner’s parent or legal guardian before the prize is awarded and the prize may at the absolute discretion of Culpepers be awarded to the prize winner’s parent or legal guardian which will be deemed in satisfaction of Culpepers' obligations under these Terms and Conditions.
18.2 If the winner of the prize is under the age of 18 years, the winner must nominate a parent or legal guardian as the winner's accompanying traveler to participate in the prize. The winner and the winner's accompanying traveler must not engage in any illegal or unsafe behaviour while traveling.
18.3 Where these Terms and Conditions require a participant to sign a Deed of Release before participating in the Competition and/or redeeming the prize as winner of the Competition and the entrant and/or winner is under the age of 18 years, such Deed of Release and Indemnity must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being redeemed if such person is a minor.
19. TERMINATION OF COMPETITION
Culpepers may vary the terms of, or terminate, this Competition at any time at its absolute discretion without liability to any entrant or other person. Culpepers will not be obliged to award the prize if the Competition is terminated.
20. JUDGES DECISIONS FINAL
All decisions of the judge or judges in this Competition and the decisions and actions of Culpepers relating to this Competition and/or redemption of the prize are exercised in the judges and Culpepers' absolute discretion and are final. No discussions or correspondence with entrants or any other person on behalf of an entrant will be entered into.
21. FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by Culpepers to enforce any one or more of these Terms and Conditions in any instance will not give rise to any claim or right of action by any other person or entrant.
22. PERSONAL INFORMATION AND PRIVACY
22.2 An entrant may have his or her details removed from Culpepers' database by forwarding a notice in writing to Culpepers, or by sending an email to Culpepers requesting removal of their details. If details are removed at the request of an entrant prior to the conclusion of the Competition and/or the award of the prize, the entrant making such request will forfeit that entrant's right to further participation in the Competition or to claim the prize if awarded to the entrant prior to such request.
23. OVERSEAS TRIP
23.1 The entrant acknowledges that the prize does not include airport departure or other governmental taxes. All airport departure taxes or other governmental taxes or fees must be paid for by the winner and the winner's accompanying traveller (where applicable).
23.2 The winner and the winner's accompanying traveler (if applicable) must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six calendar (6) months following the proposed dates of travel. The passport holder must not be subject to any restrictions on his or her right to travel to and from the relevant country or countries applicable to the prize.
23.3 It is the responsibility of the winner and the winner's accompanying traveler (if applicable) to check any travel advisories issued by the Australian Department of Foreign Affairs and Trade and to determine whether or not they will travel in accordance with the terms of the prize.
23.4 Culpepers will not be responsible for any loss or damage suffered by the winner and the winner's accompanying traveler (if applicable) arising out of a failure by the winner and/or winner's accompanying traveler to follow any travel advisories issued by the Australian Department of Foreign Affairs and Trade.
23.5 Culpepers will not be liable or responsible for any loss or damage suffered by the prize winner and/or the prize winner's accompanying traveler (if applicable) should the prize winner or the prize winner's accompanying traveler (if applicable) not redeem the prize as a result of any such travel warning or advisory applying to any country or countries the subject of the prize. For the avoidance of doubt, nothing in these Terms and Conditions requires Culpepers to substitute a different prize, or prize of equivalent value should a travel warning or advisory apply to a country or countries in relation to the original prize which results in the prize winner and/or the prize winner's accompanying traveler (if applicable) not redeeming the prize in the terms of Item 1 of the TCS.
Terms and Conditions Schedule (TCS)
1. The Prize
The winner will be awarded the following prize.
1.1 Two economy airfare tickets from Perth Western Australia to Munich, Germany;
1.2 Five nights’ accommodation for two persons twin share in Munich;
1.3 Two visitor passes to the 2016 eat & STYLE Food Festival in Munich, Germany; and
1.4 AUS $1000.00 spending money.
2. Competition Dates and Times
The Competition starts on the 2nd January 2017 and concludes at 5.00pm WST on the 31st March 2017.
3. Entrant Qualifications
Entries are restricted to Apprentice Chefs within the Western Australian Food Service industry. Entrants must still be Apprenticed during the cook-off in April 2017.
4. Method of Entry
Entry to the Competition is only via the Culpepers' website. Emailed, posted, hand delivered or otherwise communicated entries will not be accepted and included in the judging.
5. Judging Procedures
- Applicants must submit a entree or main of their own design.
- The Judging of online entries will take place after the 31st March 2017. The on-line finalists will then be contacted.
- The recipe must prepared and cooked and presented for judging at the cook-off.
- In the cook-off, entrants will have 120 minutes to prepare and complete the dish. Applicants should consider this when designing their recipe for submission.
- The winner be determined by the combined awarded points for the on-line entry plus the cook-off.
- The judges shall be an independent panel of qualified CHEFS who are selected by Culpepers.
- The judges shall select the final winner based on the entrant's skill in incorporating Culpepers' products into his or her recipe, originality and presentation of his or her entry.
- The judge's decision shall be final.
To the extent that any one or more of the Terms and Conditions contained above is prohibited by any applicable law such provisions or part thereof and each of them shall to such extent only be ineffective without invalidating or modifying the remaining Terms and Conditions which will continue in full force and effect as if the provisions so prohibited had not been included in the above Terms and Conditions.
7.1 Reference to "Culpepers" in the Terms and Conditions means both Golden Horus Pty Ltd (ACN 118 227 437) and Richester Pty Ltd (ACN 118 227 624) trading together as Culpepers (ABN 45 210 336 609) of 66-68 McDonald Street, Osborne Park, Western Australia.
7.2 Reference to "Culpepers' Competition" and "Competition" means the recipe competition and associated promotional activities organised and presented by Culpepers with the assistance of Hospitality Group Training in accordance with the attached Terms and Conditions.
7.3 Reference to "entry" (or "entries" as the case may be) means an original recipe of any style, prepared by an entrant in the Culpepers' Competition which utilises any one or more of Culpepers' products. Entries which utilize more than one Culpepers' product are likely to be favoured by the judges.
8. Competitors will be required to devise a dish suitable to be prepared and cooked in less than two hours.