“Win a Tray of Aussie Persimmons” Promotion

10 April 2015

Horticulture Innovation Australia Ltd.
Persimmons Australia
“Win a Tray of Aussie Persimmons” Promotion


  1. Information on how to enter and prize details form part of these Terms and Conditions (“Conditions”). Submission of an entry constitutes acceptance of these Conditions. Entries not completed in accordance with these Conditions will be ineligible.
  2. The Promoter is Horticulture Innovation Australia Ltd., Level 8, 1 Chifley Square, Sydney NSW 2000 (“Promoter”).
  3. Entry is only open to Australian residents aged 18 years or over residing in Canberra, Sydney, Melbourne, Brisbane, Perth, Adelaide, and Hobart. Individuals must have a Facebook account in order to access the Promotion application and submit an entry (“Entrant”). Entrants must submit an entry in accordance with these Conditions.
  4. Employees (and their immediate family) of the Promoter, related companies and agencies associated with the Promotion are ineligible to enter. Immediate family means any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, aunt, uncle, niece, nephew, sister, brother, step-sister, step-brother or 1st
  5. Promotion takes place over three weeks in April 2015 as follows (“Promotion Period”)


Open Date/Time (AEST) Close Date/Time (AEST)
Week 1 Monday 13 April, 9.00PM Friday 17 April, 5.00PM
Week 2 Monday 20 April, 9.00PM Friday 24 April, 5.00PM
Week 3 Monday 27 April, 9.00PM Friday 1 May, 5.00PM


  1. There will be six (6) winners and six (6) prizes to be given away in this Promotion.
    1. Two (2) trays of persimmons to be given away per week during the Promotion Period. There will be two (2) different winners each week, both of whom will receive one (1) tray of persimmons. Winners will be announced by 9PM AEST on Saturday 18 April, Saturday 25 April and Saturday 2 May respectively for weeks 1, 2 and 3 of the Promotion.
    2. Only one entry per person per week will be accepted.
  2. To enter, the Entrant must complete the following steps during the Promotion Period:
    1. Visit the Persimmons Australia Facebook Page at facebook.com/persimmonsaustralia (“Facebook Page”).
    2. Become a fan of the Facebook Page by clicking on the “Like” button (if not an existing fan of the Facebook Page);
    3. Post a relevant and appropriate comment on the designated competition post on the Persimmons Australia Facebook page, answering the following:
  • Week 1: What is your favourite way to eat persimmons?
  • Week 2: What is your favourite thing about persimmons?
  • Week 3: Tell us why you need a tray of persimmons in your life.
  1. If an Entrant does not provide the Promoter with all the information requested, the entry will be deemed invalid.
  2. Each entry submitted and deemed appropriate by the Promoter, in its discretion, constitutes one (1) entry into the Promotion for the week in which the entry was received by the Promoter.
  3. The winners will be the Entrants whose entries fulfil the entry criteria and whose answers are judged to be the most creative and original from all entries received in the relevant week. This is a game of skill. There is no element of chance in the judging of the Competition or determination of the winners.
  4. The Promoter’s decision is final and no correspondence shall be entered into.
  5. Prizes are not transferable or exchangeable and cannot be taken as cash.
  6. The Promoter reserves the right, in its sole discretion, to verify the validity of entries (including an Entrants age and residence) at any time during or after the Promotion, and reserves the right to disqualify any Entrant (and entries submitted by that Entrant) for tampering with the entry process, including but not limited to submitting an entry which is not in accordance with these Conditions.
  7. If the Promoter is unable to contact a winner to arrange delivery of the prize within two (2) weeks of the relevant announcement date outlined in clause 6, that winner will forfeit the prize in its entirety. The Promoter will not be liable to a winner who cannot be reasonably contacted.
  8. The Promoter is not responsible for receipt of incomplete, irrelevant or incomprehensible entries. All such entries will be deemed invalid. No responsibility is accepted for late, lost or misdirected entries. Any entry that does not comply with these Conditions will be invalid.
  9. In the event that the prize(s) is (are) not available despite the Promoters reasonable endeavours to produce the prize(s), the Promoter reserves the right to substitute prize(s) of equal recommended retail value.
  10. Entrants agree that they are fully responsible for the content of the entry they submit (Content). 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 or otherwise unsuitable for publication; (b) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the use of the Content and these Conditions ; (c) their Content shall not contain viruses or cause injury or harm to any person or entity; and (d) they will comply with all applicable laws and regulations including, without limitation, those governing copyright, defamation, privacy, and the access or use of others’ computer or communication systems. The Promoter shall not be liable in any way for Content, to the full extent permitted by law. Without limiting any other part of these Conditions, the Entrant indemnifies the Promoter for any breach of this Condition.
  11. By entering the Promotion, each Entrant agrees to the Promoter using their entry idea and/or Content for printing, broadcast, publicity, commercial and promotional purposes without compensation and agrees that the Promoter will own all intellectual property rights, including copyright, in any such material and agrees not to object to any use of the Content or idea on the basis of any moral right.
  12. Certain legislation implies warranties or conditions or imposes obligations upon the Promoter which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Conditions do not exclude or limit the application of any statutory provision where to do so would contravene that statute or a cause any part of these Conditions to be voided.
  13. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion subject to any written directions from a relevant Regulatory Authority.
  14. Entries are deemed to be received at the time of receipt as indicated on the Persimmons Australia Facebook page. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an Entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other persons’ handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
  15. If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, 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 Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion.
  16. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  17. Entry and continued participation in the Promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at facebook.com/terms.php.
  18. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an Entrant provides will only be used for the purposes outlined in these Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an Entrant, as a result in participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.