Exclusive recipes

Memory Bites
with Matt Moran

Terms and Conditions

• Agreement

• General

1. 1. 1. 1. These Terms of Entry (Terms), comprising the Schedule and these Terms and Conditions:
            1. apply to the Competition being run by the Promoter; and 
            2. form the basis of the legally binding agreement between you (you, entrant) and the Promoter.
         2. By entering this Competition, you acknowledge that you have read and understood these Terms, and you agree to be bound by these Terms.  If you do not agree to these Terms, you must not enter the Competition. 
         3. Notwithstanding anything in these Terms, the Promoter may in its absolute discretion:
            1. refuse to award the Prize to an entrant who fails or is unable to comply with these Terms; 
            2. make reasonable amendments to any aspect of the Competition or the Terms of Entry from time to time, subject to applicable laws; and
            3. cancel the Competition prior to the Prize Draw if it is deemed reasonably necessary by the Promoter or its Promotion Partner without awarding any compensation to any Eligible Entrant. 

• Competition Details

• Who can enter

1. 1. 1. 1. Entry to the Competition is open to Eligible Entrants, who may submit up to the Maximum Number of Entries during the Competition Period.  Entries received after the Competition Period will be deemed ineligible.
         2. To confirm your eligibility, the Promoter may request you to provide verification information or documents, including (but not limited to) proof of identity (including a valid Australian passport and/or Australian drivers license), proof of age, proof of residency and verification of your social media profile.  In the event that you cannot provide the requested documents, you may be deemed to be ineligible for the Competition. 
         3. If there is a dispute as to the eligibility of an entrant, the ruling of the Promoter on the question of eligibility will be final, and no further correspondence will be entered into. 
         4. Any costs associated with entry into the Competition (which includes any costs associated with holding an active Subscription or placing an Eligible Order) remain the responsibility of each Eligible Entrant. 

• How to enter

1. 1. 1. 1. To enter the Competition, you must follow the Entry Method and enter the Competition in your own name (which, for the avoidance of doubt, will require the Subscription to be held in your own name).  No other form of entry is permitted. 
         2. Once an entry is submitted, you acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
         3. Entries will be accepted at the discretion of the Promoter, who will exercise its judgement in ruling on questions of eligibility.  The ruling of the Promoter on questions of eligibility will be final, and no further correspondence will be entered into. 
         4. The Promoter accepts no responsibility for late, lost or misdirected entries of other communications.  Entries will be deemed void if they are found to be illegitimate, forged, manipulated or tampered with in any way.

• Prize

1. The Prize is specified at Item 11. 
2. The Winner’s acceptance and use of the Prize is subject to the terms of issue and redemption applicable to all gift cards issued by the Promotion Partner, available at https://ninjakitchen.com.au/policies/terms-of-service
3. If the Prize is unavailable for whatever reason at the time of the Prize Draw, the Promoter reserves the right to substitute the Prize for a prize of the same value (which will not exceed $2749.93).  
4. All taxes (excluding GST) which may be payable as a consequence of receiving the Prize, are the sole responsibility of the Winner.
5. The Prize is not transferable and cannot be taken, refunded, exchanged or redeemed for cash (except as permitted through normal use of the Prize) and cannot be used in conjunction with any other offer. 

• Prize Draw

1. 1. 1. All valid entries will be included in the Prize Draw.
      2. The winning Eligible Entrant of the Prize Draw (Winner) will win the Prize.
      3. The Winner will be notified in accordance with the Notification specified in the Schedule. 
      4. The Winner will be announced on the Promoter’s website and respective Facebook page the next business day after the prize draw. The Winner’s last name, initial of their first name and postcode will be published on marleyspoon.com.au/offer/ninja-kitchen-competition and www.facebook.com/marleyspoon.com.au; www.instagram.com/marleyspoonau. 
      5. The Promoter will make reasonable efforts to identify and locate the Winner. However, if the Prize remains unclaimed within 3 months after the Prize Draw Date, the Promoter will hold an Unclaimed Prize Draw.

• Use of personal information 

1. 1. 1. The Promoter collects personal information from each entrant to conduct and promote the Competition (Permitted Purpose) and may for this purpose:
         1. disclose information to any person/s assisting with or involved in the Competition, including the Promotion Partner;
         2. send electronic messages to or telephone the Winner;
         3. disclose such information to Australian regulatory authorities as required;
         4. disclose such information to State and Territory lottery departments or authorities as required; and
         5. publish a Winner’s name: 
            1. and other legally required information on any media as required under the relevant lottery legislation; or
            2. on the Promoter’s Website and/or Social Media.
      2. The Promoter may use the Winner’s first name initial, surname and postcode to promote, publicise and market the Competition and the Promoter’s business.
      3. Types of personal information collected in connection with this Competition include your:
         1. name; 
         2. address;  
         3. phone number;  and
         4. email.
      4. Any personal information you provide
      5. If you need to access, change or update your personal information, you can contact us via the details in the Schedule.
      6. If you do not agree to your personal information being collected and used for the Permitted Purpose, you cannot participate in the Competition.
      7. For further information about how the Promoter handles personal information, please see the Promoter’s privacy policy located at https://marleyspoon.com.au/privacy.

• Liability

1. 1. 1. Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter or Promotion Partner. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so by law, the Promoter and Promotion Partner (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
         1. any technical failures or difficulties or equipment malfunction (whether or not under the Promoter’s or Promotion Partner’s control);
         2. any theft, unauthorised access, or third party interference;
         3. any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter or the Promotion Partner;
         4. issues with communications networks or internet services, whether due to traffic congestion, technical malfunction or otherwise;
         5. any variation in Prize value to that stated in these Terms, where such variation is outside the reasonable control of the Promoter or Promotion Partner;
         6. any tax liability incurred by a Winner or entrant; 
         7. inaccurate or incorrect transcription of entry information; or
         8. electronic or human error which may occur in the administration of the Competition.
      2. The Promoter is not the supplier of the Prize, and to the extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage whether direct, indirect, special or consequential, arising in any way out of the use of the Prize by a Winner, or any condition imposed on use of the Prize by the Promotion Partner or any third party.
      3. Subject to clause 6(a),and 6(b) any liability of the Promoter and Promotion Partner in connection with the Competition or accepting or using any Prize is limited to an amount equal to the value of one Prize offered in the Competition.

• Dispute Resolution

1. 1. 1. Neither party may commence court proceedings concerning any dispute between the parties arising out of or in relation to this agreement (Dispute), unless the party starting the proceedings has complied with this clause 7.
      2. A party claiming that a Dispute has arisen must notify the other party in writing, specifying the nature of the dispute (Dispute Notice).
      3. Following the Dispute Notice being given, each party’s authorised representative must endeavour in good faith to resolve the dispute within 14 days.
      4. If the Dispute is not resolved within 14 days of the Dispute Notice being given, the parties may commence court proceedings.

• General

• Entire Agreement

These Terms supersede all other prior terms and conditions, understandings, arrangements or agreements, whether verbal or written, in relation to the Competition.

• Governing Law

These Terms are governed by the laws of New South Wales, Australia.  Each entrant submits to the exclusive jurisdiction of the courts of New South Wales, Australia..

• Force Majeure

If for any reason this Competition is not capable of running as planned (whether caused by epidemic, pandemic, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or terrorism, infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Competition), the Promoter reserves the right in its sole discretion and subject to any written direction given by a relevant regulatory authority, to cancel, terminate, modify or suspend the Competition, invalidate any affected entries, or provide an alternative prize to the same value as the original Prize, and no compensation will be payable to any Eligible Entrant.

• Severability

1. 1. 1. A clause or part of a clause of this document that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
      2. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.

• No waiver

Failure by the Promoter to enforce any of its rights under these Terms does not constitute a waiver of those rights.

• Interpretation

In these Terms:

1. terms defined in the Schedule have that meaning;
2. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
3. a reference to a document or agreement (including a reference to this agreement) is to that document or agreement as amended, supplemented, varied or replaced;
4. unless expressly stated otherwise, a reference to ‘$’ or ‘dollar’ is to Australian currency; and
5. the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, or ‘for example’ (or similar phrases) do not limit what else might be included.