FLOW - Promotion Operating Guidelines to run this “Rate & Win” promotion:
Each month's entries include those that arrive from 12.00 am on the 1st day of the month & continue to those that arrive 11.59pm on the last day of the same month.
Each entry must be validated to ensure the entry meets the requirements before they are published to the website/s..
Entries with photo’s get more entry credits into the comp.(1 entry for 1 photo, or 2 entries for 2 or more photos)
Draw happens monthly for the prior months valid entries.
The winner is to be Drawn at random from all valid entries received - technically at 11am on the 15th day of the following month (or next business day if the 15th is on a weekend or public holiday).
The winner is to be announced 24 hrs after the draw (or the next business day if the 16th falls on a weekend or public holiday).
via email - including receiving their activated Flow e-Voucher &
via Publishing their Name on our website (& social media if we want)
Winner gets 100.00 in the currency of the website of purchase in the form of an e-Voucher. Only for use only on the website of purchase / not transferable to any other FLOW website or other currency / not redeemable for cash / not transferable to another party.
Pool of entries goes back to Zero at the beginning of each month.
Summary of Key Promotion Terms & Conditions
Entries must fully comply with the entry and entrant parameters listed in the Schedule.
Promotion only open during the period listed in the Schedule.
Entrants must meet the Eligible person criteria. Where any person's voice or image is used in an entry, the entrant must only do so with their full consent, or if there are children then the consent of the parents.
Entrants must accept full responsibility for the content of their entry and ensure both they, and the entry and the material included in the entry, wholly comply with these Terms & Conditions and the Schedule and any other content guidelines notified by the Promoter during the Promotion Period. (Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry)
Entries deemed invalid include entries that are: computer generated or automated, illegible, incomplete, not validated, contains content that is; discriminatory / inappropriate / potentially defamatory / contravenes a law / indecent or objectionable / infringes on the rights of any other person / containing any design, literary, dramatic, artistic, musical, audio or visual work in which copyright exists that the entrant is not entitled to, or breaches these Terms & Condition or the Schedule in any respect. etc
By including any material subject to copyright in an entry, the entrant warrants that they have the full permission of the copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions and Schedule. (For any content you grant the Promoter a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. This includes the right of the Promoter to republish all valid entries on the Promoter's Facebook page, Instagram account or any other social media platform or in any digital or promotional communications.)
By entering the promotion, Entrants assign all intellectual property rights (including copyright) in their Entry Materials in relation to all media, whether in existence now or created in the future to the Promoter.
All entrants give full consent to the Promoter to edit and publish their name, image, location (general location) and their entry.
All entries wholly become the property of Flow once submitted. No entry can be returned or edited once submitted. All entries must be the original work of the entrant.
Winning entries will be scrutinised. Entries must be the entrant’s original work.
Eligible persons can submit multiple entries per month or over different months as long as they are valid & materially different to any others submitted.
Eligible persons with eligible entries can win more than once across different months.
We can cancel or postpone the promotion should we decide it is compromised & unable to be run in the manner intended (either from an internal or external reason) - in any way.
If the planned use of data from this promotion is different to our normal transactional data use then this needs to be included in the entry form.
This Schedule sets out the details of the Flow Rate & Win competition (“Competition” or “Promotion”).
The Schedule must be read together with the FLOW Competition Terms and Conditions of Entry (which follow this Schedule) and FLOW Terms and Conditions of Website Use, available on all FLOW websites. Entry into the Competition is deemed acceptance of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other reference to the Competition, these Terms and Conditions prevail.
By entering this competition, an entrant is confirming their agreement to be bound by these terms and conditions.
The trade promotion described in this Schedule.
Rate & Win
Game of Chance.
BeeInventive Pty Ltd (ABN31161952941),120 Jonson St, BYRON BAY NSW 2481
Thereafter referred to as “FLOW”
Relevant Countries and States and Territories.
If your country or state is not listed here, this Promotion is not available to you.
Australia - all States & Territories
USA - all states in which this promotion type is permitted. Void where prohibited.
Canada - all states in which this promotion type is permitted. Void where prohibited.
EU - all countries and regions in which this promotion type is permitted. Void where prohibited.
UK - all regions in which this promotion type is permitted. Void where prohibited.
Australia States & Territories - Not required.
USA - all states in which this promotion type is permitted without a permit.
Canada - all states in which this promotion type is permitted without a permit.
EU - all countries and regions in which this promotion type is permitted without a permit.
UK - all regions in which this promotion type is permitted without a permit.
Promotion starts on the 1st day of February 2023 and concludesthe last day of December2023.
The Competition is a monthly Draw conducted throughout the Promotion period. Each monthly Draw winner is a random winner from a pool of all validated entries received the prior month.
Each month commences at 12:01am Australian Eastern Standard Time (AEST) on the first day of each calendar month, and ends at 11:59pm AEST on the final day of the corresponding calendar month (“Promotion Period”). Entries submitted and received by the Promoter after this time will not be accepted. The time of entry will in each case be the time which the online entry is received by the Promoter's database, not the time of transmission by the entrant.
An individual is an Eligible Person to enter the Promotion if they:
Are a Resident of the country listed next to the websites below, and that the Flow product being reviewed was purchased on the same website. That means
Honeyflow.com.au They must be a resident of Australia & made the purchase on this site; or
Honeyflow.com They must be a resident of the USA & made the purchase on this site; or
ca.honeyflow.com They must be a resident of Canada & made the purchase on this site; or
Eu.honeyflow.com They must be a resident of the EU & made the purchase on this site; or
Uk.honeyflow.com They must be a resident of the UK & made the purchase on this site.
Are 18 years of age or over at the time they enter.
Have a current valid email address that they have ongoing access to. It is the entrant's responsibility to ensure that they have ongoing access to the email account.
Are not a Director, manager, employee, officer or contractor (or immediate family) of the Promoter or who are in any way directly involved in the management of the Promotion or an agency or organisation associated with this Promotion. All these are ineligible to enter.
Verification of Eligibility Required
Winners may be requested to provide proof of age and residence at the discretion of the Promoter.
Winners under the age of 18 are subject to Promoters discretion and will be required to provide evidence of the parent or legal guardian approval for entry.
Must complete and submit an honest review of the product/s purchased via email in reply to the invitation email from Flow, and in accordance with this Schedule and these Terms and Conditions. Submitting photo/s as part of an entry is optional however must be included as part of the original entry submission; and
Continue to have ongoing access to the email address used for the FLOW purchase.
Each product review submitted will provide the entrant with one (1) entry.
Entrants may attach photos to the review to receive an additional entry into the competition per photo uploaded up to a maximum of two additional entries per review. Including 1 photo will get a total of 2 entries and a review with 2 or more photos will get the maximum total of 3 entries to the promotion. Photos must be submitted with the Review in order to be considered in the Entry.
All entries will be validated and approved prior to acceptance and prior to publication.
All validated entries will be published on the FLOW websites and will be entered into the random prize draw. FLOW reserves the right to change, condense, withhold publication, remove or delete any entry received that FLOWdeems, at its sole discretion, to violate the website content guidelines or the terms and conditions of this Promotion or any other Website Terms and Conditions. If a review is published but removed (for any reason) prior to the draw date for that month, the associated entry will no longer be valid for draw.
In the event the product reviewed is removed from the website, for any reason, the entry will remain valid provided it is approved for publication.
Please ensure that all entries focus on reviewing the product such as its characteristics, features, benefits, what you like or don't like about the product and any information that may inform others as to your feedback on the product. Please refrain from including any personally identifiable information, sensitive information, price and method of payment, or reference to competitors or other websites.
By submitting an entry to the Promoter, you warrant that you are an eligible person, you are responsible for the contents of your entry, you are the sole author and owner of the intellectual property rights in the content, you voluntarily waive all "moral rights" that you may have in such content or entry, all content and entry submitted is true and accurate and use of the entry and content you supply does not violate these Terms and Conditions and will not cause injury to any person or organisation.
The uploading of a review and photo/s as part of an entry is deemed to be explicit approval for these to be included as part of your published review or independently of your review.
You further agree that you may not submit any content that is false, misleading, deceptive or inaccurate and the entry infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, that violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising). This includes any information that references other websites, addresses, persons, email addresses, contact information or phone numbers.
An entrants' entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law.
Each valid entry (as posted on the website) will receive one entry into the Competition. Entrants who submit a photo/s of the reviewed product with their entry will receive a bonus entry (maximum of two bonus entries).
Entrants warrant that photo's submitted with their product review are appropriate and do not capture or feature any third parties, children (without authorisation from their parents), offensive material or illegal (or could be deemed illegal in any Australian state and/or territory or in any Country of State in which this Promotion is available) material in the entrant's image. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.The Promoter reserves its right to reasonably change or condense any entry received without notice. The Promoter also reserves the right to withhold publication, remove and delete any entry that the Promoter reasonably believes in its sole discretion violates these Terms and Conditions or is not in the spirit of the Competition. In the instance a review is published but subsequently removed prior to the month's draw date, the associated entry will no longer be valid or entered into the draw.
Each entrant warrants to the Promoter that their submitted entry is the original opinion of the entrant, and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
Entrants must be 18 years of age or over.
Total Number of Entries for Promotion
Each valid entry will receive one (1) entry into the draw for each product review that is submitted and approved for publication on the website. Each valid entry will receive one (1) additional automated entry into the draw for each relevant and approved photo submitted per product review, up to a maximum of two (2) additional entries per review.
Maximum Number of Entries per Entrant Eligible Persons may enter as many times as they like throughout the Promotion Period, receiving one entry per unique product review (and up to two bonus entries where a photo/s is included with the entry).”
Date: A Draw will be conducted monthly during the Promotion period on the 15th day of the month or the following business day for all valid entries submitted the previous month during the promotion period. The pool of entries in each Draw includes all validated and approved entries for the prior month. Entries for each draw event are determined by the date of receipt by the Promoter. The pool of entries starts again at the beginning of each new month during the Promotion Period.
The Draw winner is selected at random and occurs under the supervision of the Promoter. First draw 15th March 2023 . Final draw 15th December 2023
Time: 11:00am AEDT or AEST
Location: FLOW Office, 193 Brooklet Rd, Newrybar; or 368 Old Byron Bay Rd, Newrybar, NSW, 2479, Australia.
The first valid entrant drawn each month will receive a FLOW e-Voucher valued at 100.00 in the currency of and for use only on the website of purchase. Currencies of issue are strictly limited to AUD, GBP, EU and USD.
The FLOW e-Voucher is not transferable to any other FLOW website or other currency.
The FLOW e-Voucher is not redeemable for cash.
The e-Voucher Prize is not transferable to another party.
Awarding of prizes is limited to one Winner per month.
The prize is as stated and no other alternatives will be offered.
Total Prize Pool
The total prize pool is valued at AUD$1,100
Any applicable local taxes are inclusive within the nominated FLOW e-Voucher Value.
Notification of Winners
Winners will be notified by email on the 16th day of the month or the first business day following the actual Day of Draw for that month.
Winners will be published on FLOW’s websites and selected FLOW social media feeds on 16th of each month or the first business day following the actual Day of Draw for that month.
Prize Claim Date
The e-Voucher Prize will be emailed to the winner within 1 business day after the date of draw.
The e-Voucher will be activated automatically 24 hours after issue andexcept to the extent otherwise required by applicable territory laws, and without limitation, the winner has 3 years to redeem the full value of the Prize e-Voucher before it expires.
Prize Claim Instructions
Winners will be sent their prizes via the email address used to make their Flow purchase and to submit their product review. It is up to the entrant to ensure that they have continued access to the email account. No act to claim or acknowledge the prize is required.
There are no arrangements for unclaimed prizes. Prizes will be emailed on the draw date to the email used to submit the entry. It is up to the entrant to ensure that they have continued access to the email account.
Personal information will be used for the purpose of recording your review on the website, to enter you into the Competition, and deliver you the Prize and publish your name on the website if you are drawn as a winner.
TERMS AND CONDITIONS
FLOW PROMOTION TERMS AND CONDITIONS OF ENTRY
Any terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
Entry to the Promotion is open to all FLOW customers and residents of the Relevant Country and State(s), who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any). Entrants must be over 18 years of age. No FLOW employee, FLOW supplier, or person or company directly associated with FLOW or their family members are eligible to enter.
The Promotion will be conducted during the Promotion Period.
To enter the Promotion, entrants must be Eligible Persons and complete the Entry Procedure during the Promotion Period.
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 any other form of automated entry, either whole or in part, will not be accepted.
All valid entries received during the Promotion Period will be entered in the Promotion.
Once submitted, the entrant cannot alter or delete their entry.
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). Excess entries (where multiple entries are permitted) will be deemed invalid.
Entries must be received by the Promoter during the Promotion Period.
Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant. If the Promotion involves entry via a website or via social media or via email, the cost of accessing these will be dependent upon the Entrant's individual Internet Service Provider and is at the cost of the Entrant.
All Entries (including text, photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
ENTRY CONTENT AND VALIDITY
Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry material wholly complies with these Terms and Conditions and the Schedule. For the purposes of these content requirements, Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Incomplete and or illegible entries will be deemed invalid.
Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter prior to or during the Promotion Period will also be deemed invalid. Entries submitted by persons who are not Eligible Persons will be deemed invalid.
The Promoter may not assess each entry however, winning entries will be scrutinised. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has in any way not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 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 reasonable satisfaction, the entry will be deemed invalid.
SOCIAL MEDIA OR SOCIAL NETWORK PLATFORM BASED PROMOTIONS:
If the Promotion is conducted, either in part or whole, via one or more Social Media or Social Networking sites, entrants acknowledge that the Promotion is in no way sponsored, endorsed, administered or associated with the Social Media or Networking sites. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the Social Media or Social Networking site. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the Social Media or Social Networking site
CONSENTS AND PERMISSIONS
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 (including but not limited to, 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 Terms and Conditions.
By entering this Promotion all entrants:
(a) consent to the Promoter using and publishing their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, print media, the Promoter's website, social media sites and any other appropriate promotional material);
(b) assign all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future;
(c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of the moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (AU Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise inside or outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;
(d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trademark or design or patent claims, by other persons or parties. If the Promotion involves the publication of Entry Materials on a website or to a social media site, whether whole or part thereof or edited in any form, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.
DETERMINING AND NOTIFYING WINNERS
Games of Chance:
The prize draw(s) (if applicable) will be strictly conducted in accordance with all Details outlined in the Schedule. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.
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 Schedule.
Games of Skill:
Each valid Entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
The prize(s) will be awarded to the valid Entrant or Entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter's judgement, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights, or otherwise fail to meet the Schedule or these Terms and Conditions will be invalid.The judges' decisions are final and no correspondence will be entered into.
Winners will be notified as specified in the Schedule and their name and Country and State or 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 Country and State or 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. Entrants must, at the Promoter’s reasonable request, participate in all promotional and editorial activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter broadcasting, whether on the internet or via any other media, and the repeating of any such broadcasting or other recording at any time. The entrant also consents to the Promoter submitting for use such broadcast, film, photograph or other recording to the Promoter’s contractors, the Promoter's contractor’s contractors and the Promoter’s agents in contexts consistent with the Promotion.
PRIZES - GENERAL
The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over, or if a person is under the age of 18, require that the person be authorised by a parent or legal guardian to accept the prize.
The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes all applicable taxes and is outlined in the Schedule and is correct at the time of publishing. The Promoter accepts no responsibility for any variation in prize value as a result of factors outside of the Promoters control. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize. Subject to the approval process required by any relevant state or territories gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within the country or state the winner resides in, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable. Without limiting the above terms and conditions, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). Except to the extent required by the applicable state or territory law, including the Australian Consumer Law, the Promoter and its associated companies make no additional warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality beyond those outlined on the Promoters website Terms and Conditions of Sale and Product Warranty.
These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
The prize(s) are specified in the Schedule Prize Details and subject to any restrictions specified. The total prize pool is specified in the Schedule.
Where a prize includes a FLOW product, then any such prize is strictly made available to the winner on the condition and in full knowledge and acknowledgement by the winner that there are inherent risks associated with the activity of beekeeping as well as, in most regions and territories, regulatory compliance responsibilities. The winner confirms their understanding of these and accepts these without reservation.
Where stated, Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by (regardless of the reason), or failing all reasonable efforts by the Promoter, is not delivered or deliverable to the prize winner, 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 andto the extent otherwise required by applicable territory laws. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authorityto the extent required by applicable territory laws.
CANCELATION OF COMPETITION
If, for any reason, the Promotion entirely or in part or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action subject to the approval of all relevant State and Territory Lottery Departments. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
Furthermore, where appropriate, to conduct FLOW research and marketing activities (including to invite entrants to be informed about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter or new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help the Promoter better tailor its product and service offering , including developing new FLOW products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opts OUT of participating in such activities. If you provide your email address or mobile phone number you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, the consent will remain current until specifically withdrawn. The Promoter may disclose entrants' relevant personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology provider(s) and database service providers and other entities which provide research and marketing services to the Promoter, strictly when relevant and directly related to FLOW.
The Promoter may, from time to time, engage other persons or organisations (for example, Promoter suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations (strictly) for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
INDEMNITY AND LIABILITY
Unless required by any law, including the Australian Consumer Law or the equivalent Law in the Relevant Country, State or Territory, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
If requested by the Promoter, any entrant or winner, if applicable where an entrant or winner is not an adult, their parent or guardian, must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant or winner or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to re-draw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
GENERAL TERMS AND CONDITIONS
Entrants agree that the Promoter will provide updates, notices, disclosures or amendments related to the Promotion by electronic means, including posting such information to the relevant pages on www.honeyflow.com.au and www.honeyflow.com and ca.honeyflow.com and eu.honeyflow.com and uk.honeyflow.com. This Promotion will be governed, construed, and enforced in accordance with the laws of the state of New South Wales, Australia, without regard to its conflict of laws rules.
In the case of any grievance, he parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of New South Wales.
The parties will comply with any and all applicable laws, rules and regulations of the governmental authorities concerned.
The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant who tampers with the entry (or entry process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.
The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.
No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
Entries which are to be published on a website will be subject to a validation and moderation process before being visible on the website.
The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter or verification of any other Condition of Entry. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
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.