Zown Pet Photo Competition
Terms & Conditions
These Terms and Conditions apply in respect of the ‘Zown Pet Photo’ competition organised and promoted by the Promoter.
By entering the Competition, you agree that you have read, understood and agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, unless otherwise provided:
a) AEDT means Australian Daylight Savings Time.
b) App means the App known as Zown.
c) Business Day means a day that is not a Saturday, Sunday, or a bank holiday or public holiday in Sydney, Australia.
d) Competition means the Pet Photo Competition, advertised by the Promoter;
e) Competition UGC means any user generated content which you provide to the Promoter as part of, in connection with, or related to the Competition in any way.
f) Competition Period means [12:00noon] AEDT on Wednesday 13 December to [10:00am] AEDT on Friday, 22 December 2023.
g) Eligible Entrants mean:
a. Legal residents currently residing in Australia, who have an account on the App and who, if they are under the age of 18 years, have the consent of their parent or guardian before entering the Competition; and
b. who are not a director, officer, employee, or contractor (or an immediate family member of a director, officer, employee or contractors) of the Promoter or of its related bodies corporate, or any of the agencies and companies associated with this Competition. Immediate family member means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.
h) Entry Form means the entry form available for completing in the section of the App known as the contributor’s corner.
i) Entry Method means completing the Entry Form in full, including taking and uploading to the Entry Form, a photo of your pet in their best Christmas / holiday outfit.
j) Judges mean the [three] representatives of the Promoter selected by the Promoter to judge the Competition.
k) Judging Criteria means, in relation to:
a. Prize 1 – the best pet costume appearing in the photographs submitted; and
b. Prize 2 – the funniest pet photo submitted.
l) Judging Period means from [10:00]am AEDT on Friday, 22 December 2023 until [3:00]pm AEDT on Friday, 22 December 2023;
m) Promoter means Zown Pty Ltd (ACN 658 764 455) of 11 Bickell Road, Mosman, NSW 2088 with contact phone number +61 438 357 177.
n) Prize means Prize 1 and / or Prize 2.
o) Prize 1 means a fifty dollar (AUD $50) Westfield digital gift card.
p) Prize 2 means a fifty dollar (AUD $50) Westfield digital gift card.
q) Total Prize Value means one hundred dollars (AUD $100) (being $50 attributable to each of the two prizes available).
r) Winner means the individuals selected by the Judges as the winners of the Competition in accordance with these Terms and Conditions.
2. Competition Period
Entries to the Competition must be submitted during the Competition Period.
3. How to Enter
a) Entry to the Competition is open only to Eligible Entrants.
b) In order to enter the Competition, Eligible Entrants must, during the Competition Period, perform the Entry Method.
c) Entry must be received by the Promoter during the Competition Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Eligible Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of the receipt of an entry into the Competition.
d) Eligible Entrants may enter the Competition up to four (4) times in total.
e) The Competition is subject to compliance with all applicable laws and regulations.
f) You must not engage in any conduct in an attempt to gain more than four (4) entries into the Competition.
g) You must complete the Entry Form in full, without providing any false or misleading information in your entry.
4. Prize
a) The prize for the Competition is Prize 1 and Prize 2, each valued at $50 and which together equal the Total Prize Value for the Competition.
b) Prize 1 will be awarded to one Winner and Prize 2 will be awarded to one Winner. Prize 1 and Prize 2 may be awarded to the same Winner if so determined by the Judges.
c) Any ancillary costs associated with redeeming the gift cards are not included.
d) Any unused balance of the gift cards will not be awarded as cash.
e) Redemption of the gift cards is subject to any terms and conditions of the issuer, including those specified on the gift cards.
f) The Prize is not refundable for cash and can only be used as specified.
g) If a Winner of a Prize is under the age of 18 years, the Prize will be awarded to the Winner’s nominated parent or legal guardian on the Winner’s behalf.
h) If any Prize (or part of any Prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
5. Invalid Entries, Disqualification and Termination
a) Entrants must only enter the Competition through their account on the App. Any entries deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, either before or after the judging, be deemed invalid and disqualified.
b) Any entries submitted outside of the Competition Period will be invalid and disregarded.
c) All entries that are incomplete or fail to comply with these Terms and Conditions will be disqualified from the Competition.
d) The Promoter reserves the right to disqualify an entry at any time if the Promoter reasonably believes that the entrant is not an Eligible Entrant or has submitted a false or misleading entry or otherwise fails to claim the Prize as set out in these Terms and Conditions if they are selected as the Winner.
e) Any entries that are made using any means of automated entry enabling an individual to automatically enter are invalid and will be disregarded by the Promoter.
h) If an Eligible Entrant enters the Competition more than four (4) times, the Promoter will accept the first four (4) entries received by the Eligible Entrant and disregard any further entries submitted by that same Eligible Entrant.
f) The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
a. fails to establish their entitlement to win the Prize to the Promoter's satisfaction (acting reasonably);
b. fails to comply with these Terms and Conditions;
c. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process;
d. has, in the opinion of the Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter.
g) If this Competition is interfered with or tampered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, strike, war, acts of God, any act of terrorism, or any other cause beyond the reasonable control of the Promotor, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
a. to disqualify any entrant; or
b. to modify, vary, suspend, postpone, terminate or cancel the Competition, as considered appropriate by the Promoter.
6. Judging
a) The Competition is a game of skill and chance plays no part in the selection of the Winner.
b) Each entry will be individually judged based on its merit.
c) The entries will be judged by the Judges during the Judging Period, which will take place at the Promoter’s premises, located at 11 Bickell Road, Mosman, NSW 2088 and the Winner will be selected by the Judges by [3:00pm] AEDT on Friday, 22 December 2023.
d) The Judges will choose the Winners by applying the Judging Criteria.
e) The Judges’ decision is final, and no correspondence will be entered into.
7. Winner Announcement
a) The Winner will be notified that they have won a Prize via email to the email address connected to their account on the App by [5:00pm AEDT] Friday, 22 December 2023.
b) Unsuccessful entrants of the Competition will not be individually notified that they have been unsuccessful in the Competition.
c) The Promoter may publish the winning photos, first name, surname initial and state of residence on the App, on the Promoter’s website and on the Promoter’s social media accounts.
8. Claiming the Prize and Unclaimed Prize
a) To claim the Prize, the Winner (or their parent or legal guardian if they are under the age of 18 years) must respond to the prize notification email from the Promoter by [5:00pm AEDT] on Friday, 12 January 2024, providing the Promoter with the full name for issuance of the gift card (which will be the name of the nominated parent or legal guardian if the Winner is under the age of 18 years) and any other information or documentation reasonably requested by the Promoter in order to confirm the eligibility of the Winner to win a Prize, and to award the Prize.
b) Entrants should check their email inboxes (including any junk folders) for any email from the Promoter about the results of the Competition. The Promoter accepts no responsibility for the Winner failing to do so which subsequently results in their forfeiture of the Prize.
c) If the Winner (or their parent or legal guardian) fails to respond as set out in clause 8(a) of these Terms and Conditions then the Winner will forfeit the Prize.
d) If the Winner is disqualified or otherwise fails to claim the Prize as set out in clause 8(a) and therefore forfeits the Prize, the Promoter will select a replacement Winner, being the entry considered by the Judges to be the runner up during the judging process.
e) Any further selection required to take place to select a Replacement Winner will take place by [10:00am AEDT on Friday, 19 January 2024] and the Replacement Winner will be notified via email to the email address connected to their account on the App that the original Winner was disqualified or failed to claim the Prize as required and that they have now been selected as the Winner, by [5:00pm AEDT] on [Friday, 19 January 2024].
f) To claim the Prize, any Replacement Winner (or their parent or legal guardian if they are under the age of 18 years) must respond to the prize notification email from the Promoter by [5:00pm AEDT] on [Wednesday, 31 January 2024], providing the Promoter with the full name for issuance of the gift card (which will be the name of the nominated parent or legal guardian if the Replacement Winner is under the age of 18 years) and any other information or documentation reasonably requested by the Promoter in order to confirm the eligibility of the Replacement Winner to win a Prize, and award the Prize.
g) If the Replacement Winner fails to respond as set out in clause 8(f) of these Terms and Conditions then the Replacement Winner will also forfeit the Prize.
h) Assuming the Prizes are claimed by the Winner/s or Replacement Winner/s (as the case may be) as set out in this clause 8, the Promoter will have discharged all obligations to provide the Prizes to the Winner/s or Replacement Winner/s (as the case may be) once the Promoter orders the gift card/s online to be issued in the name/s of the Winner/s or Replacement Winner/s (or their parent or legal guardian as the case may be) for delivery to the email address/es connected to the Winners’ or Replacement Winner/s’ (as the case may be) account on the App, which the Promoter agrees to do within three (3) Business Days of the proper claiming of the Prizes as set out herein.
9. Personal Information
a) By participating in the Competition, you, or your parents or legal guardians if you are under the age of 18 years, consent to the use of your personal information as set out in this clause 9 and in accordance with the Promoter’s Privacy Policy available via this link. To the extent of any inconsistency between the Privacy Policy and these Terms and Conditions, these Terms and Conditions will apply in respect of personal information collected as part of the Competition.
b) The Promoter may disclose personal information to third parties in order for the Promoter to conduct the Competition and award the Prizes, including but not limited to the Promoter’s employees, agents, contractors, related entities, insurers, professional advisors, electronic direct mail providers and, in the case of the Winners, to Westfield when ordering the Prizes.
10. Publicity and Intellectual Property
a) By entering the Competition, and regardless of whether you are declared to be a Winner, you (or your parent or legal guardian if applicable) irrevocably:
a. consent to the Promoter using:
i. your first name and first initial of your surname; and
ii. any Competition UGC in which you personally appear or are mentioned;
in its advertising or promotion of the Competition generally, in the Promoter’s public relations and marketing and advertising of the Promoter generally, as well as the advertising of any future similar competitions conducted by the Promoter, in any medium, without any further consideration provided to you;
b. provide to the Promoter an irrevocable, sublicensable, assignable, world-wide, perpetual royalty-free licence to use, publish, reproduce, broadcast and display the Competition UGC in any of the Promoter’s marketing materials, on the Promoter’s website, on the Promoter’s social media accounts, in the Promoter’s electronic direct mail marketing, on the App, in any earned media and in any paid media to advertise the Competition, other competitions conducted by the Promoter, the App or the Promoter generally;
c. warrant in favour of the Promoter that:
i. any Competition UGC, and the Promoter’s use of your Competition UGC in accordance with these terms and conditions will not constitute a breach of any third-party intellectual property rights; and
ii. if the Competition UGC has any natural person depicted, that natural person has provided their prior written consent to be featured as depicted, or the prior written consent of their parent or legal guardian if they are a minor; and
you agree to indemnify the Promoter and its employees, contractors, officers and agents for any liability, loss, cost or expense that the Promoter or its employees, contractors, officers and agents suffers or incurs as a result of, or arising out of, your breach of this warranty; and
d. consent to the Promoter cropping, editing or altering any Competition UGC or undertaking any acts or omissions in relation to the Competition UGC which might otherwise constitute a breach of your moral rights.
11. Liability
a) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
b) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including, but not limited to, loss or damage to property, loss of opportunity or loss of profit); whether direct, indirect, special or consequential, arising in any way out of:
a. your participation in the Competition;
b. any technical failure or related issues (whether or not under the Promoter’s control);
c. any entry that is received after the Competition Period;
d. any claim of any of the Prizes outside of the claim procedure requirements;
e. any failure on the part of the Winner or Replacement Winner to provide information or documentation reasonably requested by the Promoter;
f. unavailability or inaccessibility of the Entry Form during the Competition Period;
g. electronic or human error;
h. an entrant failing to provide accurate information at the time of entry or when claiming the Prize;
i. any entry or claim of the Prize that is not received by the Promoter as required for any reason beyond the reasonable control of the Promoter;
j. taking of and use of the Prize;
k. your inability to take or use any part of the Prize which it outside of the Promoter’s reasonable control;
l. any theft, unauthorised access or third-party interference in the Competition; or
m. any tax liability or other costs incurred by the Winner taking and enjoying the Prize.
c) To the extent that any liability, loss or damages cannot be excluded, but can be limited, the Promoter limits its liability for them to the minimum amount permitted by law.
12. General
a) You are responsible for any costs associated with accessing the Entry Form through the App via your internet service provider.
b) The Prize and participation in the Competition generally may be subject to additional terms and conditions imposed by third parties. The Promoter does not accept any responsibility and is not liable for any additional terms and conditions imposed on the taking of the Prize or the participation in the Competition.
c) The Competition may be promoted through third party websites and various social media platforms. You must comply with the terms for those third-party websites and social media platforms when using them to participate in the Competition. The Promoter is not responsible for any privacy practices adopted by any third-party websites or social media platforms.
d) This Competition is in no way sponsored or administered by Westfield.
e) These Terms and Conditions are governed by the laws of New South Wales, Australia, without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
f) If any term, provision or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
g) Failure by the Promoter to enforce any of its rights in relation not the Competition at any time does not constitute a waiver of those rights.