Terms & Conditions

This Web Site is the website of the Danish Dairy Board, and operated by Arla Foods UK Plc (“the Company”).

By using this Web Site, you agree to the following terms of use. If you do not agree to these terms of use, you should exit this Web Site.

INTELLECTUAL PROPERTY

All web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Web Site are subject to copyright which is either owned by the Company or used under licence from third party copyright owners. You are welcome to download materials contained on this Web Site to a single personal computer and to print hard copy portions of this Web Site, but in each case solely for your own internal, non-commercial, use. No part of this Web Site may be reproduced or transmitted, in any form, for any other purpose.

The Lurpak® brand is owned by the Danish Dairy Board. Other trademarks and logos shows on the site are either owned by the Company, the Danish Dairy Board, or a third party. No rights are granted to use any trademarks on this website without the prior written consent of the owner of the particular trademark.

You will not nor will you allow any other person to:-
reproduce, publish, transmit, circulate, distribute, copy, alter, add to, delete, remove or tamper with this Web Site or any part of it; or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Web Site other than in the course of viewing or using this Web Site in accordance with these Terms of Use.

You may find that this Web Site is linked to or from other web sites through hyper texts or other computer links. The Company has no control over and shall not be responsible for the content of such linked web site or any part of it. These links are provided for your convenience. The Company does not endorse the content in such linked web sites.

Any person or company that wishes to provide a linked internet web site must seek prior written permission from the Company.

GOVERNING LAW AND JURISDICTION

These terms and your use of this Web Site shall be governed by and construed in accordance with English law. By using this Web Site you accept that any dispute under these terms or arising out of use of this Web Site shall be subject to the exclusive jurisdiction of the English courts and by using this Web Site you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts. This Web Site is not intended for use or access by any person or company in any other jurisdiction. Those who choose to use or access this Web Site from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

DISCLAIMER AND LIMITATION OF LIABILITY

The Company is providing this Web Site and its contents on an “as is” basis and except as specifically stated on this Web Site and to the fullest extent permitted at law, the Company makes no (and expressly excludes all) representations or warranties of any kind with respect to this Web Site and its contents including, without limitation, warranties as to quality and fitness for a particular purpose. In addition, the Company does not represent or warrant that the information accessible via this Web Site, is accurate, complete or current nor that this Web Site will: meet your requirements; be available; be accessible; uninterrupted; timely; secure or operate without error nor that this Web Site will be free of viruses or other harmful elements.

Except as specifically stated on this Web Site, to the fullest extent permitted at law, neither the Company nor any of its affiliates, directors, employees or other representatives, will be liable (whether under contract, tort, statute or otherwise) for any damages, losses, costs or expenses arising out of or in connection with the use of this Web Site. This is a comprehensive limitation of liability that applies to all damages, losses, costs and expenses of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, legal costs or expenses, loss of data, income or profit, loss of or damage to property and claims of third parties, even if the Company has been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable, provided that the Company does not limit its liability for death or personal injury resulting from the negligence of the Company, its affiliates, directors, employees or other representatives, nor does the Company limit its liability for fraudulent misrepresentation.

SEVERABILITY

If for any reason any part of these terms of use is unenforceable, the validity of the remaining terms shall not be affected.

PROMOTION TERMS AND CONDITIONS

Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

1. Entry is only open to Australian residents.

2. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

How to Enter

4. To register for the promotion, individuals must visit www.lurpak.com.au, follow the prompts to the Lurpak Challenge promotion entry page and input the requested details in the entry fields provided, including their first name, last name, date of birth, State/Territory, a valid email address and a password and submit the fully completed registration form by 11.59pm AEST on 19/06/11.

5. Individuals have the option of clicking the Facebook login, entering their Facebook login details and submitting, to pre-populate some of the entry fields. This will permit the Promoter to access their basic information on Facebook (including their name and gender, and any other information shared with other people on Facebook).

6. To enter, individuals must then:
(a) create an original recipe using Lurpak butter;
(b) follow the recipe in order to make the recipe dish;
(c) take a photo of the dish created;
(d) visit www.lurpak.com.au and enter their login details (email address and password) and submit;
(e) input their recipe title (in 70 characters or less), a short description of the recipe (in 50 words or less), the ingredients (one ingredient per line), cooking instructions, number of people recipe serves, cooking time (in minutes) and category of dish (from the drop down menu);
(f) upload a photo of the dish; and
(g) submit the fully completed entry form, so it is received between 5th May 2011 and 11.59pm AEST on 19th June.

Photos uploaded must be in JPEG, GIF, PNG, or BMP format and not exceed 5MB.

7. Individuals who submit the requested details above will be emailed a ‘buy one 250g Lurpak butter and get one free’ voucher, to the email address provided on entry. The voucher is valid for purchases of Lurpak butter at all Woolworths and Safeway stores nationally. Voucher must be redeemed by 26/06/11. Any ancillary costs associated with redeeming the voucher are not included. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher

8. Individuals have the option of inputting the recipe details at the same time of completing registration.

How to Vote

9. To vote, individuals must, between 5th May 2011 and 11.59pm AEST on 26th June 2011 (Voting Period), visit www.lurpak.com.au, follow the prompts to the Lurpak Challenge voting page and select the recipe entry they like best.

Spot Prizes:

10. There will be three (3) periods specified by the Promoter during the Voting Period, during which entrants can receive prizes (Spot Prize Periods). The thirty (30) entries which accumulate the most number of votes during a Spot Prize Period (and have not previously received a prize during a Spot Prize Period) will each receive a Lurpak Tea Towel valued at RRP$5.00.

Stage One: First Round of Judging

11. Entries will be ranked according to the number of votes they receive. The fifty-five (55) highest ranked valid entries will go through to the first round of judging. In the event that two or more entries receive the same number of votes, the entries will be ranked based on when each tied entrant submitted their entry (with the entrant that submitted their entry the earliest being ranked highest). In the event that two or more entries are tied for the 55th ranked position, all tied entries will go through to the first round of judging. (Semi-Finalists)

12. The top 15 Semi-Finalists, as determined by the panel of judges, will progress to the final round (Finalists). Entries will be judged based on: – the creative use of Lurpak butter; – originality; – demonstration of Lurpak’s key attributes: taste, quality and colour; and – the visual styling/appeal of the dish (based on the photo provided).

Stage 2: Second Round of Judging

13. The Finalists will be contacted and asked if they wish to submit an additional written, audio or visual proposal which states why their entry meets the above judging criteria and why they should be determined as one of the five (5) Major Prize winners.

14. The additional proposal will be judged together with the recipe and other materials provided upon entry. The five (5) Finalists that submit the best entries, as determined by the judging panel will each win $1,500 cash (awarded in the form of a cheque) and will have their winning recipe and name published on cards printed and distributed to all Woolworths and Safeway supermarkets nationally in 2011 (Major Prize Winners).

15. All Semi-Finalists (excluding the Major Prize Winners) will each receive a $100 WISH Gift Card for use in participating store. Details of participating stores can be found at http://everydaygiftcards.com.au/Redemption

General

16. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

17. The Promoter reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.

18. Incomplete, indecipherable or illegible entries will be deemed invalid.

19. Only one entry permitted per person and per valid email address. A limit of one (1) buy one get one free voucher will be awarded per valid email address. Limit one (1) vote per IP address per day.

20. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

21. The Semi-Finalists, Finalists and Major Prize Winners will be notified by telephone or email.

22. This is a game of skill and chance plays no part in determining the Semi-Finalists, Finalists and Major Prize Winners.

23. The Promoter’s decision is final and no correspondence will be entered into.

24. Woolworths Limited is the issuer of the WISH Gift Card but is not the Promoter and is therefore not responsible for the prizes, products, or services under the promotion or the fulfilment of these Terms and Conditions. Woolworths Limited is responsible for the fulfilment of the terms and conditions of the WISH Gift Card. WISH Gift Cards are redeemable at participating stores only. Participating stores may change from time to time. WISH Gift Card terms and conditions apply. See WISHgiftcard.com.au for full terms and conditions and for a list of participating stores.

25. If for any reason a Semi-Finalist or Major Prize Winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.

26. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

28. When an entrant submits any materials via the promotion including a recipe, recipe name, recipe description and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants hereby warrant that the recipe provided is an original recipe invented by them that does not infringe the rights of any third party. Entrants hereby acknowledge and agree that if they are selected as a Major Prize winner, then their recipe will be reproduced on recipe cards to feature in Woolworths and Safeway stores in Australia (and elsewhere if the Promoter so chooses) for an unlimited period of time. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

29. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

30. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Semi-Finalist, Finalist or Major Prize Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

31. If this promotion is interfered 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, 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, suspend, terminate or cancel the promotion, as appropriate.

32. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

33. The use of any automated voting software or any other mechanical or electronic means that allows a voter to automatically vote repeatedly is prohibited and will render all votes submitted by that voter invalid

34. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

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 loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Semi-Finalist, Finalist, Major Prize Winner or entrant; or (f) use of a prize.

35. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

36. The Promoter is Promoter is F. Mayer (Imports) Pty Ltd (ABN 51 000 697 889) of 18-21 Chalmers Crescent Mascot, NSW 2020, on behalf of Arla Foods amba, Sønderhøj 14, DK-8260 Viby J, Denmark.