Hottest Ginger Terms & Conditions 1. Information regarding prizes and how to enter forms part of these Terms and Conditions. By entering this Promotion, the Entrant agrees to these Terms and Conditions. 2. Entries for the “Australia’s Hottest Ginger” promotion (the “Promotion”) open on 20 October 2014 and close at 11:59pm AEDT on 21 December 2014 (the “Promotion Period”). No entries will be accepted outside the Promotion Period. 3. This promotion is open to residents of Australia only, aged 14 years and over. 4. Employees (and their immediate families) of the Promoter, including any parent, subsidiary or affiliated company and agencies associated with this promotion are ineligible to enter or vote. 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, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 5. Entrants under 18 years of age 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, 6. The Promoter is Buderim Ginger Limited (ACN 010 978 800) of 50 Pioneer Rd, Yandina, Queensland 4561. How to Enter 7. There are three categories involved in this Promotion: a. Hottest Ginger – Male (open to male Entrants only); b. Hottest Ginger – Female (open to female Entrants only); and c. Hottest Ginger – People’s Choice (open to all Entrants). 8. To enter, an Entrant must complete the online entry form available at http://www.thegingernet.com/competitions/enter/red-hot during the Promotion Period and: a. Enter the mandatory fields including: i. First and Last Name; ii. Email address; b. Answer the competition question, “Tell us a little something something about yo self? And why are you the most incredible ginger ever?” c. Upload at least 1 and no more than 4 photographs of the Entrant which clearly displays that they have ginger or red hair. d. If the Entrant wishes to be in the running to win a Division Modelling Contract as part of the Hottest Ginger – Male and Hottest Ginger – Female Major Prize, they must enter the following details: i. Age; ii. Height; and iii. Clothing size (top and bottom). (the “Modelling Application”) e. Acknowledge that the Entrant has read these Terms and Conditions and accept these by checking the appropriate box. 9. By submitting an application, Entrants acknowledge, agree and expressly consent to the photograph submitted by the Entrant and chosen by the Promoter, the Entrant’s name and the answer to the competition question; a. being made public via the Promoter’s website, on the Ginger Net ‘Hot for Ginger’ gallery page http://www.thegingernet.com/ginger/#!/channel/red-hot and various social media networks, including Facebook, Instagram, Pinterest and Twitter; b. being shared by members of the public via email and various social media networks. 10. All photographs uploaded by the Entrant must be recent, having been taken after April 1 st 2014. 11. Photographs must be submitted in JPEG or PNG format and can be no larger than 5MB each. 12. All Entrants must have ginger or red hair that is either natural or dyed during the entire Promotion Period through to the time of Finalist Judging. 13. The Promoter will review and moderate each entry before it is uploaded to the live webpage and the Promoter reserves the right to not publish any images in the Promoter’s sole discretion. 14. No offensive, nude or sexually explicit photographs will be accepted by the Promoter and any if any such images are uploaded, the Entrant will be disqualified. 15. One of the photographs submitted by each Entrant will be chosen by the Promoter, at its sole discretion, to post online at the ‘Hot for Ginger’ channel gallery page at http://www.thegingernet.com/ginger/#!/channel/red-hot. All eligible images will be published live within 24 hours of being submitted. 16. Only 1 entry per Entrant is permitted for this Promotion. The Promoter reserves the right to verify the validity of entries. 17. All male Entrants will automatically qualify for “Hottest Ginger – Male” category. 18. All female Entrants will automatically qualify for “Hottest Ginger – Female” category. 19. All Entrants will automatically qualify for “Hottest Ginger – People’s Choice” and “Entry of the Week” categories. Prizes 20. Prizes: a. There are 3 ‘Major’ prizes to be won as part of the Promotion: i. Hottest Ginger – Male; ii. Hottest Ginger – Female; and iii. Hottest Ginger - People’s Choice. b. There are 4 ‘Finalists’ prizes to be won as part of the Promotion: i. Hottest Ginger – Male finalist (2 prizes); and ii. Hottest Ginger – Female finalist (2 prizes). c. There are 8 ‘Entry of the Week’ prizes to be won as part of the Promotion. 21. The Major prize for Hottest Ginger – Male category, is comprised of: a. 1x 12 month supply of Buderim Ginger Beer (360 cans, RRP $950) b. 1 x 12 month contract with Division Model Management (money can’t buy), provided that the Entrant has indicated they wish to win this prize by submitting the required information in the application. This is subject to the winner entering into a contract with Division Model Management Pty Ltd c. 5 x Assembly Label t-shirts (RRP $250) d. 1x John Frieda Hair Pack (RRP $308.82) including 3x Radiant Red Shampoo & Conditioner, 3 x Intense After-Colour Conditioner, 3 x Clear Shine Glaze, 3 x Full Repair Oil & 3 x Frizz Ease Original Serum 22. The Major prize for Hottest Ginger – Female category, is comprised of: a. 1x 12 month supply of Buderim Ginger Beer (360 cans, RRP $950) b. 1 x 12 month contract with Division Model Management (money can’t buy), provided that the Entrant has indicated they wish to win this prize by submitting the required information in the application. This is subject to the winner entering into a contract with Division Model Management Pty Ltd c. 1x Isabel & I Wardrobe in the form of a voucher for the value of $350 d. 1x John Frieda Hair Pack (RRP $308.82) including 3x Radiant Red Shampoo & Conditioner, 3 x Intense After-Colour Conditioner, 3 x Clear Shine Glaze, 3 x Full Repair Oil & 3 x Frizz Ease Original Serum 23. The Major prize for Hottest Ginger – People’s Choice category, is comprised of: a. 2 x Return domestic economy airfares for the winner and a friend, in February 2015, on a date nominated by the Promoter departing the closest major airport to the Prize Winner’s residential address to Sunshine Coast Airport (excludes travel insurance) (maximum value of $2,000, flights will be booked by the Promoter for the dates specified and based on the least expensive fare); b. Return Transport organised by Buderim Ginger between the Sunshine Coast airport and hotel (to a maximum value of $200); c. Three (3) nights’ accommodation with breakfast at the hotel (accommodation is at the discretion of the Promoter, but not being less than a three (3) star standard) (to a maximum value of $1000); d. Activities provided at the Promoter’s discretion up to the value of $1000 e. 1x John Frieda Hair Pack (RRP $205.88) including 2 x Radiant Red Shampoo & Conditioner, 2 x Intense After-Colour Conditioner, 2 x Clear Shine Glaze, 2 x Full Repair Oil & 3 x Frizz Ease Original Serum f. One of the following bicycles from Reid’s Cycles (based on winners preference): i. 1x Ladies Speed Classic Vintage (RRP $397) OR ii. 1x Men’s Roadster (RRP $249). g. 1 x Buderim Ginger Pack (RRP $55) including: i. Either 1 x bottle of Buderim Ginger Refresher Cordial, OR 1 x bottle of Buderim Ginger Revitalise Cordial; ii. 1 x jar of Buderim Ginger Original Marmalade; iii. 6 x cans of Buderim Ginger Beer; iv. 1 x pack of Buderim Ginger Bears; v. 1 x Frisbee; vi. 1 x Beach ball; and vii. 1 x Beach Towel. 24. There are 2 Finalists prizes for the Hottest Ginger - Male and 2 Finalists prizes for Hottest Ginger - Female categories, each comprised of: a. 1 x Return domestic economy airfare for the Finalist in February 2015, on a date nominated by the Promoter departing the closest major airport to the Prize Winner’s residential address to The Sunshine Coast Airport (excludes travel insurance) (maximum value of $2,000, flights will be booked by the Promoter for the dates specified and based on the least expensive fare). b. Transport organised by Buderim Ginger between the Sunshine Coast Airport and hotel (to a maximum value of $200); c. Two (2) nights’ accommodation with breakfast at the hotel (at the discretion of the Promoter, but not being less than a three (3) star standard) (to a maximum value of $1000); d. Activities provided at the Promoter’s discretion up to the value of $500 e. 1 x Buderim Ginger Pack (RRP $55) including: i. Either 1 x bottle of Buderim Ginger Refresher Cordial, OR 1 x bottle of Buderim Ginger Revitalise Cordial; ii. 1 x jar of Buderim Ginger Original Marmalade; iii. 6 x cans of Buderim Ginger Beer; iv. 1 x pack of Buderim Ginger Bears; v. 1 x Frisbee; vi. 1 x Beach ball; and vii. 1 x Beach Towel. f. 1 x Universal DVD packs $134.80 RRP (for each Finalist in the Hottest Ginger – Male category) containing the following titles: Amazing Spiderman 2 DVD, Amazing Spiderman DVD, A Million Ways to Die in The West DVD, Bad Neighbours DVD g. 1 x Faby Nail Packs RRP $150 each (for each Finalist in the Hottest Ginger – Female category) containing the following lacquers Message from the Sun, Red Carpet, The Power of Red, Gingerbread, Red Hot, plus a Base Coat & Top Coat. h. If any Finalist is under the age of 16, the Promoter will pay for 1 return economy airfare (on the same flights at the Finalist) and accommodation for a family member or guardian (in the same room as the Finalist). 25. There are eight (8) Entry of the Week prizes, comprising of the following prize pool to be evenly distributed amongst the 8 weeks: a. 4 x Juuce Hair Packs (RRP $120 each) including: Juuce Argan Soft Shampoo 345ml RRP $22.95, Juuce Argan Soft Conditioner 345ml RRP $22.95, Juuce Angel Mist 230ml RRP $24.95, Juuce Argan Soft Mask RRP $24.95 & Juuce Shimmer Shine Spray 100ml RRP $23.95 b. 4 x Yes to Carrots Skin Packs (RRP $82.75 each) Shampoo & Conditioner $9.95ea , Exfoliating Cleanser RRP $14.95, Daily Moisturiser RRP $23.95, Night Cream RRP $23.95 c. 3 x Faby Nail Packs (RRP $150 each) containing the following lacquers Message from the Sun, Red Carpet, The Power of Red, Gingerbread, Red Hot, plus a Base Coat & Top Coat. d. 3 x 3month supply of Humble Bean body scrub (RRP $25 each); e. 8 x Buderim Ginger Pack (RRP $55) including: i. Either 1 x bottle of Buderim Ginger Refresher Cordial, OR 1 x bottle of Buderim Ginger Revitalise Cordial; ii. 1 x jar of Buderim Ginger Original Marmalade; iii. 6 x cans of Buderim Ginger Beer; iv. 1 x pack of Buderim Ginger Bears; v. 1 x Frisbee; vi. 1 x Beach ball; and vii. 1 x Beach Towel. 26. The maximum retail value of the prize pool is $1776 based on the recommended retail price of the prizes listed above, as at the commencement of the Promotion. Prize Winners 27. The 2 Hottest Ginger - Male Finalists and 2 Hottest Ginger - Female Finalists are chosen by representatives from the Promoter as well as representatives from Division Model Management based on photographs submitted, height, age and clothing size will be taken into consideration. Entrants that make it to the finalists judging may be asked to submit additional images as requested by the Promoter via email. 28. The Hottest Ginger - Male and Hottest Ginger – Female Finalists will be determined at the offices of the Promoter on 12 January 2015. The Prize Winners will be notified via email within three days of determination of the Finalists. 29. The Winner of the Major Prize for the Hottest Ginger – Male and Hottest Ginger – Female will be chosen from the Finalists by representatives from the Promoter as well as representatives from Division Model Management based on all submitted photographs, in person interview, and any additional photo-shoots during the finalists trip to the Sunshine Coast. The Winners will be determined and announced in February 2015 during the Finalists’ stay on the Sunshine Coast. 30. To be eligible to win the Hottest Ginger – Male, Hottest Ginger – Female and Finalist prizes, the Entrants must complete the Modelling Application. 31. During the Promotion Period, an ‘Entry of the Week’ winner will be determined by the photo of the Entrant that has recorded the most votes on the Hot for Ginger Gallery page: http://www.thegingernet.com/ginger/#!/channel/red-hot for that week (with the voting being tallied from Tuesday 12.01am to the following Monday 11.59pm (the “Voting Period”). Entry of the Week can only be won by the same entrant twice. In the event that an entrant as the most votes for a third week (consecutive or dispersed) the Entrant of the Week title and prize will be awarded to the entrant with the second highest vote count for that week. 32. Each ‘Entry of the Week’ winner will be announced on the Wednesday after the Voting Period, with the first ‘Entry of the Week’ winner being announced on the 29th of October and the last being announced on the 16th of December 2014. 33. The Hottest Ginger - People’s Choice category winner will be determined by the photo of the Entrant with the most votes on the Hot for Ginger Gallery page: http://www.thegingernet.com/ginger/#!/channel/red-hot by the close of the Promotion Period at 11:59pm AEDT on 21 December 2014.. 34. The Prize Winner of the Hottest Ginger - People’s Choice and each Prize Winner of the Entry of the Week will be notified by email within three days of determination of the applicable prize. 35. All Prize Winner's names will be published on www.thegingernet.com and on Buderim Ginger Limited’s and The Ginger Net’s social media sites including Facebook: https://www.facebook.com/buderimginger https://www.facebook.com/thegingernet Twitter: https://twitter.com/TheGingerNet https://twitter.com/BuderimGinger Instagram: http://instagram.com/buderimginger http://instagram.com/thegingernet General 36. These Terms & Conditions are available as a link from the Promoter’s website. 37. This is a game of skill and chance plays no part in determining the Prize Winners. 38. The Promoter reserves the right, at any time, to verify the validity of entries, votes 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 or voting 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. 39. 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. 40. Incomplete or indecipherable entries will be deemed invalid. 41. 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. 42. The overall Hottest Ginger Female prize winner and Hottest Ginger Male Winner are awarded a contract with Division Model Management for a twelve (12) month period, as part of this prize the winners will enter into a contract with Division Model Management. The Promoter takes no liability or responsibility for any contracts a prize-winner may enter into with another business, or any conflict or damages that may arise. That is an exclusive agreement with the prize-winner and Division Model Management and unrelated to any association with the Promoter. 43. The Promoter reserves the right to re-draw the prize for each Entry of the Week, Hottest Ginger - Female or Hottest Ginger - Male Finalists Prize and Hottest Ginger –People’s Choice should the Prize Winner be unable to satisfy these terms and conditions, forfeits or is not able to be contacted within seven (7) days of the determination of the prize winner. a. If required, the Entry of the Week will be awarded to the runners-up (being that Entrant with the photograph achieving the second most votes during the Voting Period) and that Entrant will be contacted eight (8) days after the original winner was announced. b. If required, the Hottest Ginger - People’s Choice will be awarded to the runner-up (being that Entrant with the photograph achieving the second most votes at the end of the Promotion Period) on 30 December 2014. c. If required, the replacement Hottest Ginger- Male Finalists, Hottest Ginger - Female Finalists will be determined at 10am on 19 January 2015 and all new winners will be notified within three (3) days. 44. The Prize Winners will be notified with the details provided in the online entry form. The Promoter is not responsible for any notification that is misdirected, lost or damaged, or if a prize winner cannot be contacted due to incorrect details being provided in the online entry form. 45. The Promoter will post the Prizes to each Prize Winner using the postal address provided by the Prize Winner. The Promoter provides no warranty with respect to the timeliness, accuracy or otherwise of any postal or delivery service which it utilises and will not incur liability for any failed delivery of a prize. 46. The Major Prize (bookings, tickets and registrations) will be delivered via registered post to the Prize Winner, with flights and accommodation to be arranged by the Promoter on behalf of the Prize Winner. There can be no change to flight or accommodation bookings once the Promoter has confirmed the flights and accommodation. The Major Prize must be taken on the designated dates determined by the Promoter. If the Prize Winner is not able to take any component of the Major Prize on the relevant dates, the Prize Winner forfeits the Major Prize. 47. The Prize Winner and his or her nominated travel companions must travel together on all flights. 48. The Promoter will arrange for and meet the costs of shipping/postage to the prize winner using the postal address provided by the prize winner on the entry form, provided that address is within Australia. 49. The Promoter does not accept any responsibility for variation in the value of the Major Prize items. The Major Prize does not include any costs of a personal, ancillary or related nature not expressly stated in these Terms and Conditions. All such costs are the responsibility of the Prize Winner 50. When an entrant submits any photographs or materials via the promotion including comments ("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 agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. 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. 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) their Content shall not contain viruses or cause injury or harm to any entity; and (c) 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. 51. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms. 52. Any images taken during the Finalists stay at the Sunshine Coast by the Promotion’s spokespeople or professional photographer commissioned by the Promoter remain the property of the Promoter, with the finalist granting the Promoter, its affiliates and sublicensees 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 agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. 53. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner, likeness, image and/or voice if a winning team, (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. 54. 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/voter; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate. 55. To the full extent permitted by law, the Promoter is not liable for any loss suffered or sustained to persons or property, including but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent by the Promoter or its agents, in connection with the arrangement for supply or the supply of any goods or services by any person to the Prize Winners. This clause does not affect and it is not intended to affect, any rights a consumer might have which are not able to be excluded under applicable Australian consumer protection laws. 56. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform (or delay in performing) its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate, modify or suspend this promotion or any part of it. 57. Voting is limited by IP to one vote per IP per day (every 24 hour period). The use of any automated entry software or any other means including but not limited to mechanical or electronic means that allows a person to automatically enter or vote repeatedly is prohibited and will render all entries/votes accrued by that Entrant as being invalid. The Promoter reserves the right to disqualify any Entrant for tampering with the voting process in any way, directly or indirectly. 58. Entries are only valid for the Promotion when received as per these terms and conditions. 59. The Promoter is not responsible for any technical errors in communication networks, internet access or for the prevention of entry to the promotion. All internet costs incurred in entering the promotion are the entrant’s responsibility and must be made with the consent of the account holder. 60. The Promoter’s decision is final and no correspondence will be entered into. 61. The Prize is not transferable or assignable and cannot be taken as cash. For the avoidance of doubt, if a prize-winner chooses not to redeem any element of the Prize, then that element will be forfeited and neither cash nor any other form of compensation will be provided by the Promoter in lieu of that declined element of the Prize; and the Promoter accepts no responsibility whatsoever for the reduction in value of the Prize. 62. 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 2010 (Cth), 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 NonExcludable 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. 63. 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. The Promoter will also use and handle personal information as set out in its privacy policy which can be accessed by visiting http://www.buderimginger.com/privacypolicy.