Terms and Conditions - Consumers

 
CONSUMER CONDITIONS OF ENTRY
McCain School Veggie Patches Promotion
 
 
1. Information on how to enter and Rewards form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each Consumer who enters the promotion.

2. Promotion commences at 12:00 am AEST on 27/04/2011 and closes at 11:59 pm AEST on 30/09/2011 (Promotion Period). The Promoter’s decision in relation to all aspects of this promotion is final and no correspondence will be entered into.

3. Entry into the promotion is open to all Australian and New Zealand residents aged 15 years or older (Consumers).

4. Consumers aged under 18 years must obtain the consent of their parent or legal guardian to participate in the promotion and provide personal information about themselves. All Consumers who are under the age of 18 years and participate in the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental consent (as and where required) will be deemed invalid. These Conditions of Entry will bind Consumers who enter the promotion and any parent or legal guardian who gives their consent (for Consumers aged 18 years and under).

5. To participate in the promotion, the Consumer must, during the Promotion Period:
(i) purchase any pack of McCain Frozen Vegetables by 30/9/2011, including any product from McCain Purely Potato, Regular Vegetables, Sweet Baby Vegetables and Mixed Vegetable range including Winter Vegetables, Stir Fry Supreme and other McCain Vegetable Mixes (Eligible Purchase). Excludes all other McCain non-vegetable product ranges e.g. frozen pizzas, fries and pre-prepared meals;
(ii) log onto www.mccainveggiepatches.com (Promotional Website) to view a list of Registered Schools that may receive the benefit of the Consumer’s Eligible Purchase and receive Eligible Purchase barcodes and then select the Consumer’s Registered School of choice; and
(iii) cut out the barcode(s) on the pack of the Eligible Purchase and either:
a) submit the original barcode(s) at any time throughout the Promotion Period to their selected Registered School by delivering their barcodes to their selected Registered School. Each Registered School will be provided with 3 reply paid envelopes by the Promoter that the Registered School may use to mail the original barcodes to the Promoter in bulk on behalf of the Consumer. To be eligible to be counted in the promotion, all barcodes are to be received by each Registered School by last mail on 3/10/2011. All barcodes of an Eligible School must be received by the Promoter by last mail on 10/10/2011; or
b) as an alternative to a), Consumers may submit their original barcodes by sending a stamped envelope (usual postage costs will apply at the Consumer’s cost) to “McCain School Veggie Patches”, PO BOX 439, Brookvale NSW, Australia 2100 (within Australia) or “McCain School Veggie Patches”, PO BOX 302324, North Harbour, Auckland 0751 (within New Zealand), together with their name, age, address and also the name, town and state of their selected Registered School that they nominate to receive barcode points by last mail to the Promoter on 10/10/2011.

6. Each Registered School will be awarded 10 points for every original barcode received by the Promoter from 1kg, 1.2 kg and 2kg packs of an Eligible Purchase and 5 points for every original barcode received by the Promoter from all other packs including 400g, 500g, 600g, 750g and 800g packs of an Eligible Purchase in accordance with these Conditions of Entry. Registered Schools will then be able to use their accumulated points to redeem Rewards in accordance with these Conditions of Entry. If a Consumer nominates a school that is not a Registered School or if the nominated school is ineligible, the Promoter will and in its sole discretion either:
(i) attempt to contact the nominated unregistered school and offer the unregistered school the opportunity to become a Registered School and accept the barcode point(s); or
(ii)  nominate a Registered School to receive the applicable barcode point(s).

7. The Promoter accepts no responsibility for late, lost or misdirected mailed barcodes. Barcodes received will be considered final by the Promoter. Incorrect, incomplete or incomprehensible barcode submissions will be ineligible. Only original barcodes of Eligible Purchases will be accepted. Copies or images of barcodes are ineligible.

8. Consumers may send multiple barcodes to the Promoter provided that each barcode submission is based on a separate Eligible Purchase and is in accordance with these Conditions of Entry.

9. Registered Schools that receive barcode points from Consumers or that collect and submit barcodes on behalf of Consumers to the Promoter in accordance with these Conditions of Entry will be able to use their accumulated barcode points to redeem the following McCain Veggie Patch Equipment items in accordance with the item’s availability and point value as stated below (Rewards):
(i) 947 x Branded Potato Planter Hessian Bags valued at AUD$9.65/NZ$12.25 each – 75 points each;
(ii) 1810 x Carrot Seeds valued at AUD$5.00/NZ$6.35 each – 35 points each;
(iii) 2274 x Capsicum Seeds valued at AUD$5.00/NZ$6.35 each – 35 points each;
(iv) 2391 x Corn Seeds valued at AUD$5.00/NZ$6.35 each –  35 points each;
(v) 2664 x Pea Seeds valued at AUD$5.00/NZ$6.35 each – 35 points each;
(vi) 2664 x Bean Seeds valued at AUD$5.00/NZ$6.35 each – 35 points each;
(vii) 1389 x Plant Identifiers (pack of 6) valued at AUD$5.00/NZ$6.35 each – 35 points each;
(viii) 1175 x Branded Watering Cans valued at AUD$6.95/NZ$8.85 each – 60 points each;
(ix) 5302 x Branded Kids Gardening Gloves (Pack of 5) valued at AUD$20.00/NZ$25.50 each – 50 points each;
(x) 385 x Branded Adult Gardening Gloves valued at AUD$6.00/NZ$7.65 each – 50 points each;
(xi) 2975 x Branded Kids 3 piece tool sets - comes with holster (pack of 5 valued at AUD$60.00/NZ$76.25 each – 175 points each;
(xii) 1411 x Garden Nets valued at AUD$5.95/NZ$7.55 each – 70 points each;
(xiii) 1701 x Adult 3 piece tool sets (comes with holster) valued at AUD$15.00/NZ$18.85 each –175 points each;
(xiv) 429 x PH Soil Testers valued at AUD$6.00/NZ$7.65 each – 95 points each;
(xv) 193 x Wheelbarrow (Australia only) valued at AUD$89.00 each – 625 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia);
(xvi) 70 x Wheelbarrow (New Zealand only) valued at NZ$49.98 each – 625 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xvii) 694 x Organic Soil (Australia only) valued at AUD$7.50 each – 150 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia);
(xviii) 91 x Organic Compost (New Zealand only) valued at NZ$9.47 each – 150 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xix) 1092 x Fertiliser (Australia only) valued at AUD$11.99 each – 175 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia);
(xx) 298 x Liquid Fertiliser (New Zealand only) valued at NZ$16.76 each – 175 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xxi) 114 x Raised Garden Bed (1.20m x 0.90m x .30m) (Australia only) valued at AUD$69.99 each –750 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia);
(xxii) 36 x Raised Garden Bed (1.35m x 1.35m x 120ml) (New Zealand only) valued at NZ$69.67 each – 750 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xxiii) 150 x Digging Essentials Set (Australia only) valued at AUD$79.98 each – 900 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia and must be ordered);
(xxiv) 84 x Garden Hose (New Zealand only) valued at NZ$29.98 each – 200 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xxv) 226 x Water Saving Mulch (Australia only) valued at AUD$7.49 each –125 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia);
(xxvi) 62 x Sheep Pellets (New Zealand only) valued at NZ$9.97 each – 90 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xxvii) 235 x Compost Bin (220L) (Australia only) valued at AUD$39.99 each – 500 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 Australia);
(xxviii) 89 x Compost Bin (240L) (New Zealand only) valued at NZ$55.98 each – 500 points each (this Reward will be provided by way of a redeemable voucher at Mitre 10 New Zealand);
(xxix) 10 x Veggie Patch Works and Gardening Team valued at AUD$3,750.00/NZ$4,765 each –7500 points each. This Reward includes: 2 x box colour bond galvanised veggie patches (size of 3m x 1.5m), up to 2 days construction and 1 day plant out i.e. 3 days total labour. Also includes soil, vegetable seeds and all other materials required to plant vegetables within the 2 box veggie patch. Schools should allow up to 8 weeks for this reward fulfilment, depending schools’ location, availability of materials and also the build team.
(xxx) 300 of Mini Patch Pack Kits (Australia only) valued at AUD$71.44 each - 555 points each. This reward includes: 1x Organic Soil, 1 x Fertiliser, 1 x each Seed variety, 1 x Branded Kids Gardening Gloves (Pack of 5), 1 x Branded Watering Can
(xxxi) Limited number 150 of Mini Patch Pack Kits (New Zealand only) valued at NZ$92.33 each - 555 points each. This reward includes: 1x Organic Compost, 1 x Liquid Fertiliser, 1 x each Seed variety, 1 x Branded Kids Gardening Gloves (Pack of 5), 1 x Branded Watering Can
(xxxii) 50 of Veggie Patch Starter Pack Kits (Australia only) valued at AUD$222.94 - 1485 points each. This reward includes: 1 x Raised Garden Bed (1.20m x 0.90m x .30m), 2 x Organic Soil, 1 x Fertiliser, 1 x Branded Kids Gardening Gloves (Pack of 5), 1 x Branded Kids 3 piece tool sets (comes with holster), 1 x Branded Watering Can, 1 x each Seed variety, 1 x Plant Identifiers (pack of 6)
(xxxiii)  Limited number 25 of Veggie Patch Starter Pack Kits (New Zealand only) (New Zealand only) valued at NZ$254.37 - 1485 points each. This reward includes: Raised Garden Bed (1.35m x 1.35m x 120ml), 2 x Organic Compost, 1 x Liquid Fertiliser, 1 x Branded Kids Gardening Gloves (Pack of 5), 1 x Branded Kids 3 piece tool sets (comes with holster), 1 x Branded Watering Can, 1 x each Seed variety, 1 x Plant Identifiers (pack of 6)

10. Each Registered School that is awarded a sufficient amount of points to enable redemption of Rewards in accordance with these Conditions of Entry may, between 27/04/2011 and 31/10/2011 (Redemption Period), log on to the Promotional Website and follow the online claim process to select their Reward(s) from the relevant range of Rewards that the Registered School has qualified for in accordance with the Promotional Website’s online claim process. Rewards are for the benefit of the nominated Registered School and will not be awarded to Consumers directly.

11. All barcodes received by the Promoter will remain the property of the Promoter.

12. Rewards will be delivered/mailed to the Registered School within 30 days of receipt of a valid online claim by the Promoter or will be redeemable by way of a Mitre 10 rewards voucher that will be also be mailed to the applicable Registered School. The Registered School will be responsible for redeeming the rewards voucher at the Registered School’s local Mitre 10 store. Reward vouchers are subject to their own prevailing conditions of use and expiry dates.

13. Rewards are not transferable or exchangeable and cannot be taken as cash. Rewards must be taken by each Registered School as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise.  

14. The precise number and/or inclusions of the Rewards stated above are subject to change, and will be determined by the Promoter in its sole discretion. Any changes to the inclusions, however, will not affect the value or general nature of the Reward being offered and will be detailed on the Promotional Website. If any Reward or element of a Reward becomes unavailable for any reason beyond the Promoter’s reasonable control, then a similar Reward or Reward element of equal or greater value will be awarded in lieu.

15. Total possible rewards pool value for all Australian and New Zealand Registered Schools is up to AUD$510,640.60 (NZD$584,389.10) (Recommended Retail Price including GST).

16. Any costs associated with accessing the Promotional Website remain the responsibility of each Consumer and are dependent on the Internet service provider and/or mobile carrier used.


17. The Promoter reserves the right to extend Promotion Period in its sole discretion. Registered Schools and Consumers will be notified of any extension of the Promotion Period via the Promotional Website.    

18. The Promoter reserves the right to request the Consumer to produce (within the requested time) appropriate identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Consumer’s identity, eligibility to enter, and any information submitted by the Consumer (including confirming consent of a parent or legal guardian and the name and address of the parent or legal guardian that gave their consent) before allowing the Registered School to be awarded barcode points or to redeem their points. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or a Consumer has not been verified or validated to the Promoter’s satisfaction within the time requested, the Consumer’s barcode submission for the selected Registered School will not be eligible to count toward a Reward. All Rewards will only be awarded following any validation and verification that the Promoter requires in its sole discretion.

19. The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with this promotion (including but not limited to use of the Rewards), except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

20. The Promoter reserves the right to verify the validity of entries and claims and reserves the right to disqualify any Registered School or Consumer for tampering with the entry process or for submitting an entry or claim which is not in accordance with these Conditions of Entry, or if a Registered School or Consumer is 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.

21. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.

22. Caution: any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by a Consumer, the Consumer agrees to indemnify the Promoter for those losses, damages and costs.

23. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a Consumer’s or any other person's mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.

24. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion.

25. All entries and any copyright subsisting in the entries become and remain the property of the Promoter (or its nominated agents). The Promoter collects personal information about Consumers to include Consumers in the promotion. If the personal information requested is not provided, the Consumer may not participate in the promotion. By participating in the promotion, each Consumer also acknowledges that a further primary purpose for collection of the personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact Consumers in the future with information on special offers or provide Consumers with marketing materials via any medium including mail, telephone and commercial electronic messages. The Promoter may share information with its Australian and New Zealand related companies and promotional partners who may contact Consumers with special offers in this way. By entering the promotion, each Consumer agrees that the Promoter may use personal information in this manner. Each Consumer also agrees that the Promoter may publish or cause to be published the Consumer’s name and locality in any media. Consumers can also gain access to, update or correct any personal information by contacting the Promoter at the address below or at the contact details stated in the Promoter’s Privacy Policy. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter or via the Privacy Policy link at www.mccainveggiepatches.com.

26. The Promoter is MCCAIN FOODS (AUST) PTY LTD, ABN 96 000 629 587, Ring Road, Wendouree, VIC 3355, Australia.



 
 
corn capsicum potato peas