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Competitions

 
 

Competition and User Generated Content Terms and Conditions

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Competition Terms and Conditions

At times, Four Chickens Pty Ltd, trading under the name of Dine a Chook or any other name or trademark, may run competitions (trade promotions) in store (including through wholesalers of Dine a Chook products), on any of our websites and through third party platforms such as social media providers, including but not limited to Instagram and Facebook. 

These competitions may be promoted through advertising in print media and on a number of platforms including but not limited to our websites and third-party platforms. However, there is no guarantee that competitions will be promoted equally or that they will be equally accessible to all customers. Four Chickens Pty Ltd will not be held liable for any loss or disadvantage resulting from the nature or promotion of the competition.

Any promotion run by Four Chickens Pty Ltd, online or offline, is offered subject to our general Terms and Conditions, our Privacy Policy and the Competition Terms and Conditions outlined below, except where a difference is expressly stated in the competition details. Any content created by competition entrants will be used in accordance with our User Generated Content Terms and Conditions. Where entrants share photos, videos, testimonials or other user generated content, they must be willing for Four Chickens Pty Ltd to use that content for marketing purposes in order to be eligible to win the competition. Excluding legal requirements, Four Chickens Pty Ltd (including its owners, employees and representatives) is in no way responsible and excludes any liability, including negligence, for any loss or damage resulting from participation in, or winning of, these competitions.

The terms and conditions of competition entry are as follows: 

1.    Unless otherwise specified, entrants:

a.  Must be over the age of 18

b.  Must be Australian residents residing in Australia at the time of the competition (unless otherwise stated)

c.  Cannot be employed by, or be the immediate family member of a person employed by, Four Chickens Pty Ltd, a Four Chickens wholesaler or any agents employed by Four Chickens Pty Ltd with regard to the competition

d.  Are responsible for any and all expenses incurred in entering the competition and will not be reimbursed whether or not they win

e.  Agree to release any third-party platforms, including but not limited to social media providers, from any and all claims, liabilities or responsibilities resulting from participation in any of these competitions or any of the prizes offered

f. Must comply with any and all competition Terms and Conditions

g. Must submit a valid entry by the due date

2.    Depending on the competition details, entrants may also be required to:

a.    Retain their proof of purchase in order to redeem any prize(s) won

3.    By entering the competition, entrants agree:

a.    That any details or information provided is true and correct

b.    That they meet entry requirements

c.    To abide by the competition rules

d.    To abide by any rules, guidelines or terms of use, relating to use of the platform and participation in any competition or similar, stipulated by third party platforms through which the competition may be promoted or taking place

e.    That they accept these terms and conditions, our general Terms and Conditions, our Privacy Policy and our User Generated Content Terms and Conditions in full and unconditionally

f.     To accept all judgements as final and incontestable

g.    To provide a written assignation of all rights to entry material to Four Chickens Pty Ltd if requested

h.    That all entry material: 

i.     Is the sole work and property of the entrant

ii.     Is cleared for use as outlined here

iii.     Will not in any way violate or breach the terms of any other agreement to which the entrant may be a party

iv.     Does not infringe or violate any copyright or other right

v.     Is not abusive, obscene, cruel, likely to cause offence, defamatory, tortious, knowingly inaccurate or untrue, illegal or otherwise unacceptable

vi.     Will not cause Four Chickens Pty Ltd or any of its representatives to have to pay any sums to any person or entity as a result of the companies use of entry material in any form

i.     Any intellectual property contained in the entry, including but not limited to written text and images, is exclusively licenced to Four Chickens Pty Ltd in perpetuity 

j.     That Four Chickens Pty Ltd may use and/or licence third parties to use the entry in whole or in part (excluding any information protected by law) throughout the universe, in or on any media, whether currently in existence or developed in the future, for any purpose, including but not limited to advertising and commercial use, alone or together or as part of other information, content or material without being subject to royalties or restrictions of any kind

k.    That the entrant has received express permission from any person who features in the entry (through images containing a likeness or other identifying features, including description by name, title or another identifier) to be featured in the entry and for said entry to be used as outlined in this document. The entrant indemnifies Four Chickens Pty Ltd and their representatives for any breach of this warranty and for any breach of privacy legislation.

l.     That the entrant has all necessary rights to provide the intellectual property (images, video, text, ideas etc) to Four Chickens Pty Ltd and places no limitations on the company’s right to use this intellectual property in whole or in part

4.    Where entries are comprised of written, video, photographic, audio or artistic material:

a.    They must be the original work of, and created solely by the entrant

b.    They must be used exclusively for entry in one Four Chickens Pty Ltd competition and cannot be used to enter another competition, physically or online, run by Four Chickens Pty Ltd or any other entity in Australia or internationally without the express consent of Four Chickens Pty Ltd

c.    All entries, whether digital or physical, including copyright and regardless of whether the entry is published on the entrant’s own social media account, become the property of Four Chickens Pty Ltd, with the exception of any material protected by law and by the terms and conditions of third party platforms through which the competition is taking place.

d.    Once material is used to enter a Four Chickens Pty Ltd competition and becomes the property of Four Chickens Pty Ltd, it cannot be used or published in commercial or public form, including on another platform, in whole or in part, by the entrant or their agents, without the express consent of Four Chickens Pty Ltd. 

5.    The following entries will be deemed void. Entries which:

a.    Are early

b.    Are late

c.    Are incomplete

d.    Do not meet competition requirements

e.    Are based on proof of a purchase which did not take place during the competition dates

f.     Fail to comply with the terms of use for any third-party platform through which the competition is taking place or being promoted

g.    Contain any matter that the publication, sale or use of which (by the entrant or by Four Chickens Pty Ltd or any of its representatives) would constitute a breach of law, copyright or other rights

h.    Contain inaccurate or untrue information

i.    Are otherwise unacceptable 

6.    At their discretion, Four Chickens Pty Ltd reserves the right to offer special conditions to the following:

a.    Newsletter subscribers

b.    Wholesale customers

c.    Overseas customers

d.    Facebook followers or Facebook users who ‘like’ the Dine a Chook official Facebook page

e.   Instagram followers or users who like an official Dine a Chook post

7.    Four Chickens Pty Ltd reserves the right to change or amend the following without notice both before and during the competition:

a.    These terms and conditions

b.    The competition dates and deadlines

c.    Any competition conditions or restrictions

8.    Four Chickens Pty Ltd reserves the right to disqualify any entrants or entries where:

a.    Unlawful or improper conduct is suspected

b.    There has been a breach of competition terms and conditions 

9.    Four Chickens Pty Ltd reserves the right to cancel the competition at any time, with or without notice or explanation. 

10.  Except where otherwise stated, there is one prize to be awarded to one entrant at the end of the competition.

11.  All decisions made by Four Chickens Pty Ltd and their representatives are final and non-contestable. In entering the competition, the entrant agrees to abide by these decisions. 

12.  In the case of any dispute with regard to the administration of this competition, including rules, results and all other matters, the decision of Four Chickens Pty Ltd is final.

13.  With regard to judgement:

a.    In the case of prize draws:

i. All valid entries will enter the draw

ii. Draws will be impartial

iii. In the case of an “impartial chicken judge” that selects more than one entry, the entries selected will be re-presented to the chicken or another chicken until a single winner is chosen

b.    In the case of competitions where winners are decided by the value of their entry:

i. Four Chickens Pty Ltd will state the criteria by which entries will be judged

ii. Where more than one entry has equal value, entries may be considered on their potential value for marketing

iii. All effort will be made to ensure judgements are fair and objective. However, judgement criteria and justification for choice of winners will not be made available to entrants

iv. Under no circumstances will debate about entries by entered into by Four Chickens Pty Ltd or their representatives.

v. Public debate or complaints on the part of entrants are prohibited.

vi. All decisions made by Four Chickens Pty Ltd and its representatives are final and non-contestable. 

14.  The competition winner:

a.    May be notified by email or on the social media platform through which the competition is taking place

b.    Has between 1 and 5 working days to claim their prize as specified in the competition details

c.    Forfeits their prize if they do not claim it as specified within the deadline, regardless of whether this failure is the result of something outside of the winner’s control, e.g. technical problems

d.    May be disqualified if they fail to show proof of purchase if required

15.  Should the prize be unclaimed, Four Chickens Pty Ltd reserves the right to select a new winner from the pool of entries or to award the prize to the “second place” entry.

16.  Should the winner be disqualified or deemed ineligible to receive the prize (see Terms and Conditions), Four Chickens Pty Ltd reserves the right to cancel the competition, select a new winner from the pool of entries or to award the prize to the “second place” entry.

17.  Prizes may be virtual (taking the form of discounts, free downloads, publicity or any other form Four Chickens Pty Ltd may select) or physical. 

18.  Four Chickens Pty Ltd accepts no responsibility and is no way liable for any injury, damage or loss occurring as a result of receiving or using any prize, physical or otherwise. 

19.  Four Chickens Pty Ltd takes no responsibility for the physical or implicit qualities of any prize, whether or not they meet user expectations.

20.  Should the prize be unavailable for any reason, an item with the same retail value will be substituted.

21.  Prizes are not exchangeable, transferable, extendable, redeemable for cash and cannot be put on hold or ‘paused’.

22.  In the case of physical prizes:

a.    Arrangements will be made to ship the prize to any valid Australian postal address.

b.    Four Chickens Pty Ltd will pay for postage using standard Australia Post. Expedited, international and courier services are not offered as part of a prize and will not be paid for by Four Chickens Pty Ltd.

c.    Prizes will not be shipped overseas unless otherwise specified.

d.    Where the entry took place through a Four Chickens Pty Ltd wholesaler, the winner may be required to collect their prize from the store where the purchase/entry took place.

23.  Excluding obligations required by law, Four Chickens Pty Ltd (including its owners, employees and representatives) is not responsible for and excludes any and all liability (including negligence) for:

a.    Any loss, including financial, opportunity, injury, illness, damage or expense, resulting from participation in this competition, whether direct, indirect, special or consequential

b.    Any loss arising out of technical difficulties or equipment malfunction (whether or not under our control)

c.    Any third-party interference

d.    Any entry deemed void 

e.    Use or function of a prize

f.     Any actions or behaviours of entrants in the course of the competition, whether required by entry or no, and consequent loss, damage or expense.

24.  Four Chickens Pty Ltd reserves the right to reproduce names, photographs, material, comments and feedback provided by entrants in promotional material including but not limited to website, print media, social media and other online channels. 

25.  Any information that we collect about you is handled in a manner compliant with the Australian Privacy Principles under the Privacy Act. For more information please refer to our Privacy Policy. 

26.  These competitions are organised by Four Chickens Pty Ltd and its representatives. They are in no way organised, sponsored, endorsed by or associated with service providers or third-party platforms including, but not limited to, Facebook, Instagram, Mailchimp and Google.

27. Key terms

  1. Products or services: Any and all products or services offered by Four Chickens Pty Ltd in the course of conducting business, whether provided by the company or by an external entity on our behalf. Products and services include, but are not limited to: this website; any other website owned, operated or used by Four Chickens Pty Ltd (e.g. the Dine a Chook blog, Dine a Chook social media); any scripts or applications that operate as part of these websites including those belonging to third-party platforms (e.g. shopping cart, Paypal, chat-bot, contact form); any content made available through the website, blog, mailing list, download, in print or any other medium; any contact between Four Chickens Pty Ltd or its representatives and any user; any competition run by Four Chickens Pty Ltd, one of its agents or partners, on any platform; and chicken feeders, drinkers, bird netting, poultry healthcare products and other goods available for purchase.

  2. Four Chickens Pty Ltd (we, our, the company): The company, including any of its employees, agents or representatives, trading under the name of Dine a Chook or any other name or trademark.

  3. Third-party platforms: Third-party platforms include but are not limited to, website hosts, technical support providers, applications such as chat-bot and Paypal, social media platforms, databases and email marketing services. 

 

 

User Generated Content Terms and Conditions

 

At times, Four Chickens Pty Ltd may seek permission from customers and users to feature their content. Any content originally developed by a customer or user constitutes user generated content (UGC). Customers and users who agree to allow Four Chickens Pty Ltd to feature their content, agree to licence their content to Four Chickens Pty Ltd as per the Terms and Conditions outlined below.

User Generated Content Terms and Conditions:

1.    By replying to our request and stating that Four Chickens Pty Ltd may feature your content, you have read and agree to these terms and conditions

2.    Where UGC is licenced to Four Chickens Pty Ltd, Four Chickens Pty Ltd employees, representatives or third-parties engaged to provide marketing or other services, may be given access to your content and personal details for the use outlined in this document. 

3.    By agreeing to allow Four Chickens Pty Ltd to feature your content, you agree that:

a.     You are 18 years of age or above

b.     Any information provided to Four Chickens Pty Ltd or represented in your content is true and correct to the best of your knowledge, and is not misleading in any way

c.     Any material that Four Chickens Pty Ltd will feature is your sole work and property, i.e. you took the photos and wrote the words containing in your content

d.     You have all the necessary rights to provide this intellectual property to Four Chickens Pty Ltd

e.     The material in question will not in any way violate or breach the terms of any other agreement to which you may be a party (copyright, trademark, privacy etc) and will not cause Four Chickens Pty Ltd to have to pay any sums to any person or entity as a result of our use of the material in any form and through any media, as outlined in these terms of use

f.      Four Chickens Pty Ltd may use your content in whole or in part (excluding any information protected by law or that you request us not to use), alone or together with other material, throughout the universe, in or on any media whether currently in existence or developed in the future, for purposes including but not limited to:

i.     Advertising

ii.    Promotions

Iii.   Brand awareness

iv.    Product descriptions

v.     Promotional emails, newsletters etc

vi.    Website content

vii.   Other commercial use

g.    Four Chickens Pty Ltd may use your content on third-party platforms, such as Facebook and Instagram, where any content shared may be used by the platform for their own purposes, including advertising, throughout the world

h.   Four Chickens Pty Ltd may use your content without being subject to royalties or payment of any kind

i.    Four Chickens Pty Ltd may use identifying information about you in conjunction with your content, including your social platform handle or username, first name, geographic location (state, area, town), your business, and descriptions of your chicken coop or chickens, except where you explicitly ask that we do not

j.    Your content and identifying information as outlined above is non-confidential and Four Chickens Pty Ltd may use the content in the universe as outlined in this document

k.   You do not acquire any rights, intellectual, proprietary or otherwise, to any content used or created by Four Chickens Pty Ltd for use in conjunction with your content, regardless of whether this content contains your own content or not

l.    You cannot revoke the permissions in this terms of use after such time as you state that you agree with these terms and will allow Four Chickens Pty Ltd to feature your content

4.   Where your content features another person (in likeness or other identifying features including description by name, title or another identifier), you guarantee that: 

a.     You have received explicit permission from said person to be featured by Four Chickens Pty Ltd as outlined in this document.

b.     You indemnify Four Chickens Pty Ltd and their representatives for any breach of this guarantee and for any breach of privacy legislation.  

c.    You release and guarantee to hold Four Chickens Pty Ltd and its representatives free (harmless) from any liability or responsibility, including negligence, related in any way to their use of your content

5.    Where content is based on user experience but created by Four Chickens Pty Ltd, for example a user story which is used to write an article, even where the ideas contained within are the intellectual property of the user, the content itself is the property of Four Chickens Pty Ltd and may be used in perpetuity for any purpose by Four Chickens Pty Ltd without recourse by the user. The user has no rights to ownership of the content and options to revoke the permissions outlined in this document. 

6.    Four Chickens Pty Ltd agrees that:

a.     The content is the property of the creator 

b.     We will give attribution to the creator when using the content by using their first name or, on third party platforms, their username

c.     We will make all reasonable efforts to comply with any user requests, made in writing, as to the use of their content and identifying information. While permissions to use content cannot be revoked, we will try to honour any requests to remove content if practical and possible without loss, financial or otherwise, to Four Chickens Pty Ltd

d.     The content can be used for purposes in relation to Four Chickens Pty Ltd products and services only and cannot be sold, given, traded or otherwise used by any other company or third party including other companies licenced to Four Chickens Pty Ltd, except where free access to the content is part of the terms and conditions of use on a third party platform where content is published (e.g. Facebook, Instagram)

7.    Four Chickens Pty Ltd reserves the right to change or amend these terms of use at any time without notice by updating these details.  

8.    All personal information about the user that is not specifically covered by the terms in this document will be handled in compliance with our Privacy Policy

9.    All Four Chickens Pty Ltd Terms and Conditions apply. Where UGC is created or submitted as part of a competition, Competition Terms and Conditions also apply.

10.  Key terms

  1. Four Chickens Pty  Ltd (we, our, the company): The company, including any of its employees, agents or representatives, trading under the name of Dine a Chook or any other name or trademark.

  2. Customer: Any user who enters into an agreement to purchase a product by completing an order through the website, on the phone or in person.

  3. User: Any user of the products or services offered by Four Chickens Pty Ltd, whether or not they have made a purchase or contacted the company directly. For the purpose of these terms and conditions, a user may be a mailing list subscriber, a competition entrant, any visitor, transient or otherwise, to this website or any other website owned, operated or used by Four Chickens Pty Ltd, or any other person who makes contact with Four Chickens Pty Ltd through any other means.

  4. Feature: Use, in whole or in part, independently or with other content, with or without attribution to the creator, in any form and through any medium, including but not limited to our website, promotions, print materials and third party platforms, for any purpose deemed appropriate by Four Chickens Pty Ltd or its representatives.

  5. Content: Includes but is not limited to photos, videos, audio material, speech, text including blog posts, chat content amd testimonials, ideas, social media posts (including status updates, shared content, text, photos and videos) and any other material designated as content by Four Chickens Pty Ltd.

  6. User generated content (UGC): Any material originally created by a user or customer of Four Chickens Pty Ltd or any of its trading names and which is the intellectual property of the user. UGC may be published by the user on third party platforms such as social media, or shared with Four Chickens Pty Ltd or any of its representatives through email, text, phone, conversation, our website or third party platforms, including by sharing or tagging on social media.

  7. Products or services: Any and all products or services offered by Four Chickens Pty Ltd in the course of conducting business, whether provided by the company or by an external entity on our behalf. Products and services include, but are not limited to: this website; any other website owned, operated or used by Four Chickens Pty Ltd (e.g. the Dine a Chook blog, Dine a Chook social media); any scripts or applications that operate as part of these websites including those belonging to third-party platforms (e.g. shopping cart, Paypal, chat-bot, contact form); any content made available through the website, blog, mailing list, download, in print or any other medium; any contact between Four Chickens Pty Ltd or its representatives and any user; any competition run by Four Chickens Pty Ltd, one of its agents or partners, on any platform; and chicken feeders, drinkers, bird netting, poultry healthcare products and other goods available for purchase.

  8. Third-party platforms: Third-party platforms include but are not limited to, website hosts, technical support providers, applications such as chat-bot and Paypal, social media platforms, databases and email marketing services.