Giveaway

Official Rules

Meluka Australia Facebook, Instagram and E-Mail Competition (“Competition”)

 

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE THE LIKELIHOOD OF WINNING.

 

  1. ELIGIBILITY.

The Competition is open to those natural persons who are 18 years of age or older at time of entry, who reside in and are legal residents of Australia (NSW, VIC, NT, QLD, ACT, TAS & SA only) and the United States (and the District of Columbia) (“Entrants”). Residents of Western Australian and Puerto Rico are not eligible. Entrants must have access to the Internet throughout the Competition. Employees of Meluka Australia (“Meluka Australia”) and its respective parents, subsidiaries, affiliates and their immediate family members (spouse, parents, children, siblings, grandparents and their respective spouses, and individuals residing in such immediate family members’ household) are ineligible to enter and win. Void where prohibited by law, regulation or ordinance. By participating in this Competition, Entrants agree to these Official Rules, the Specific Rules for the particular Competition, and Meluka Australia’s Privacy Policy (the “Rules”).

  1. COMPETITION PERIOD.

The Competition begins on the date referenced in the Instagram, Facebook post or e-mail announcing the Competition (each, the “Be Well Giveaway”) and ends on the date referenced in the Be Well Giveaway. Meluka Australia’s computer is the official time-keeping device for this Competition.

  1. HOW TO ENTER.

This is a game of skill. Chance plays no part in determining a winner. Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions. To enter the Competition, follow the instructions in the entry form or email. The number of entries into the Competition is limited to one per person for each qualifying review. An attempt to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations, logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. The use of an automated system to participate in the Competition is prohibited and will result in disqualification.

If a dispute arises over the identity of the person who transmitted an entry via an identified email address or social media account, the Authorized Account Holder of the email address or social media account at time of entry will be deemed to be the Entrant. The “Authorized Account Holder” is defined as the natural person assigned to an email address or social media account by an internet access provider, online provider or other organization (e.g. business, education institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address, or for assigned social media accounts, as the case may be. The potential winner may be required to show proof of being the Authorized Account Holder.

  1. WINNER SELECTION, NOTIFICATION AND ACKNOWLEDGEMENT.

Promptly upon the conclusion of the Competition, the winner(s) will be chosen by the best creative submission from all eligible entries received. If the email prize notification is unclaimed or returned as undeliverable within 72 hours of transmission of the notification, or in the event of non-compliance with the Rules, the prize will be forfeited and may be awarded to an alternate winner. The prizewinner is solely responsible for all federal, state and local taxes and other costs pertaining to the awarded prize. The prizewinner agrees to allow Meluka Australia to use the winner’s name (whether in print publication, online, or other means of communication), without compensation, to notify the public of their winnings. The prizewinner may be required to sign an Affidavit of Eligibility and Liability and Publicity release; the failure to execute and return this document within 5 calendar days from the date the document is sent may result in prize forfeiture.

  1. PRIZES AND THEIR VALUE.

The winner of the Competition and their nominated friend will receive the prize(s) of one Gift pack of the following Meluka Australia products:

1x Meluka Australia Probiotic Concentrate 500ml

1x Meluka Australia Native Honey 275g

1x Meluka Australia Native Honey Infused with Tea Tree TTF24

The approximate retail value of the prize to be awarded in this Competition is equal AUD$84.85. All expenses not specifically mentioned herein are not included in the prize and are solely the winner’s responsibility. No prize substitutions, cash equivalent or transfer of prizes are permitted except at the sole discretion of Meluka Australia. Prizes are subject to restrictions and may not be used in conjunction with any other promotion or offer. Meluka Australia is not responsible for lost or misdelivered prizes due to Entrant’s inaccurate or improper address information. Meluka Australia is not responsible for lost, stolen or damaged prizes, once received and in the possession of prizewinner. Prizes may not be exchanged for cash or otherwise, except that Meluka Australia retains the right to substitute prizes of equal or greater retail value. Prize details not specified herein will be determined by Meluka Australia in its sole discretion.

PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASED PARTIES (AS DEFINED BELOW) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO THE COMPETITION OR PRIZES.

  1. INTERNET.

If, for any reason, Meluka Australia is unable to conduct this Competition as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Meluka Australia which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Competition, Meluka Australia reserves the right, at its sole discretion, to disqualify any entry, and any person found to have interfered or tampered with the Competition, and if deemed necessary by Meluka Australia in its sole discretion, to cancel, terminate, modify or suspend the Competition. Meluka Australia may also, in its sole discretion, award the prize from all eligible, non-suspect entries received as of the date of such action. Meluka Australia assumes no responsibility for any failure in transmission, however caused, including any omission, interruption, deletion, defect, communications line failure, theft or destruction of information or unauthorized access to entries, their damage or alteration. Meluka Australia is not responsible for its failure to receive any email or entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, or any combination thereof, including any injury or damage to an Entrant’s, or any other person’s, computer relating to or resulting from participation in this Competition or downloading of any materials in this Competition.

CAUTION: MELUKA AUSTRALIA RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS COMPETITION OR TO DAMAGE THE WEBSITE.

  1. PRIVACY.

Except as provided above, all personal information supplied by Entrants will be subject to Meluka Australia’s Privacy Policy, which is located at www.melukaaustralia.com.au.

  1. RELEASE.

By participating in this Competition, all Entrants and prizewinners release, discharge, and hold harmless Meluka Australia, Facebook, Instagram, and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders employees, and agents (collectively “Released Parties”) from and against any and all liability or claims for any and all legal claims, injury, loss, illness, litigation or damages arising out of their participation in the Competition and/or the acceptance, use, misuse, non-use or possession of the prize. Any portion of the prize not accepted by the winner(s) will be forfeited, and the Released Parties are not responsible for any inability of the winner(s) to accept or use the prize(s) (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Competition or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Competition administration or entry processing; and (f) injury or damage to persons or property from participation in the Competition or receipt or use of any prize.

ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.

Entrants and winners agree that any disputes, claims, and causes of action arising out of the Competition or any prize will be resolved individually, without resort to class action, and exclusively by a court located in the entrant’s country of residence.

  1. GENERAL CONDITIONS.

All federal, state and local laws apply. In the event that any dispute arises regarding the meaning or interpretation of these Rules, participants agree that the dispute shall be resolved by applying the laws of the entrant’s country of residence and that it shall be resolved by and within the courts of that state. Meluka Australia is the final interpreter of these Official Rules. The decisions of Meluka Australia are final in all matters relating to the Competition, Official Rules and Specific Rules. Failure of Meluka Australia to enforce any provision of the Rules will not constitute as a waiver of that provision. By participating in this Competition you agree to the use of your name, photograph, likeness and/or identity for advertising, publicity and promotional purposes, without compensation, unless prohibited by law. You will also be added to Meluka Australia’s mailing list subject to Meluka Australia’s Privacy Policy and opt-out provisions.

  1. SPONSOR.

Meluka Australia, 5 Connell Street, Alstonville, NSW 2477 Australia. This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.