Nationally Available Ham Terms and Conditions
2020/21 PorkMark Nationally Available Ham Awards - Terms and Conditions
- Information on how to enter set out in any supplemental materials forms part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions. The competition is conducted by Australian Pork Limited (ABN 83 092 783 278) ofPO Box 4746 Kingston ACT 2604 Australia (“APL”).
- Entry is only open to businesses that produce hams made from Australian pork (“Ham”) for retail sale in Australia (“entrants”).
- There is one (1) category in the competition: (a) ‘Nationally Available’. Registrations are open from 22 June 2020 and close at Midnight AEDST on 24 July 2020 (“Registration Period”).To enter, an authorised representative of the entrant must, during the Registration Period, complete and send in the entry form in accordance with the directions stipulated on it, including providing a copy of the current label and packaging of their Ham product, together with a cheque or credit card details for the payment of the $160 entry fee for each entry that the entrant intends to enter. For clarity, if the entrant is entering three (3) Ham products, three (3) entry fees will be required to be paid (i.e. $480). Each entry fee will include the cost for an APL representative to select a random Ham product locally from entrant’s production facility and transport to Ham Awards venue for the purposes of judging on a date to be decided by both parties. Unless other arrangements for sending are decided on by both parties. Appropriate measures will be taken to ensure ham remains around refrigerated temperature during transportation. If the entrant’s entry fee is not processed for any reason whatsoever (including a bounced cheque or insufficient funds), then in the absolute discretion of APL, the entrant will not be permitted to participate unless APL advises otherwise. In the event that an APL representative is unable to select a random Ham product from the entrant’s production facility, alternative arrangements will be made.: (a) the Ham product must be made on the premises of the entrant (excluding the processing of the pork to the final Ham product, which may be performed under contract by another business). For clarity, an entrant can enter in a Ham product which has been made by them on their premises but processed by another business on their behalf; (b) the Ham product must be available for purchase in the ordinary course of business and not specifically made for the purpose of the competition; (c) the Ham product must only include pork from animals produced in Australia; (d) the Ham product can be on the bone or boneless; (e) the Ham product must be available, by 15 November 2020 in at least one (1) physical retail outlet in each State and Territory in Australia as follows: ACT, NSW, VIC, TAS, SA, NT, WA and QLD; (f) at least 7,500 units of the Ham product must have been produced for sale in Australia for the 2020 calendar year. For the avoidance of doubt, online stores will not be regarded as retail outlets for the purposes of determining whether a Ham product is compliant with this clause. (h) the product must be processed by the same recipe and in the same plant for national distribution.
- APL reserves the right, in its absolute discretion, to determine whether an entrant’s Ham product meets the above requirements. APL may request an entrant provide APL with evidence of shipment to each State/Territory in Australia and unit quota fulfilment. In the event the Ham product is pre-sliced, diced, or some other form of pre-packaged ham, APL may request that the entrant provide a whole ham from which those Ham products are sourced for the purposes of judging.
- If there is a dispute as to the identity of an entrant, APL reserves the right, in its sole discretion, to determine the identity of the entrant.
- APL reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entrant that submits an entry that is not in accordance with these Terms and Conditions or that tampers with the entry process. Errors and omissions will be accepted at APL’s discretion. Failure by APL to enforce any of its rights at any stage does not constitute a waiver of those rights. APL reserves the right to: (a) request the entrant sign a declaration confirming that they have complied with the requirements of the Terms and Conditions; and (b) request such documents that APL may reasonably require to establish compliance with these Terms and Conditions.
- Incomplete, indecipherable, or illegible registrations will be deemed invalid. Ham products will be disposed of and not returned to the entrant after the conclusion of judging.
- This competition is a game of skill and chance plays no part in determining the winner and runner-ups.Each entry will be individually judged based on general appearance, texture, aroma and taste and a score out of 100 will be assigned as set out in the sample evaluation form published by the judges. The judges’ decision is final and no correspondence will be entered into.
- The entrant whose entry receives the most points, after the conclusion of judging, will be deemed the Nationally Available category winner. The two (2) entrants whose entries receive the next most points, after the conclusion of judging, will each be deemed the Nationally Available category highly commended runner-ups.
- The winner and runner-ups will be announced prior to the launch event for Australian Ham. For the avoidance of doubt, there are no prizes awarded in this competition. Winners and runner-ups who wish to use their placement in the competition to advertise their Ham product must contact APL for further details/instructions. A medallion artwork file will also be provided to the winner. The medallion may only be used in conjunction with the pink PorkMark logo and in relation to the winning Ham, and in accordance with any other instructions provided by APL.
- The winner and runner-ups will be notified by APL, and agree to keep details of the competition confidential until the the Launch of Christmas Ham Season in November, or as otherwise advised by APL.
- Without limiting any other terms above, entrants consent to APL using their name in the event they are a winner or runner-up in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and the Australian PorkMark program.
- If this competition 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 APL, APL 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 competition, as appropriate.
- Except for any liability that cannot be excluded by law, APL (including its 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 competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under APL’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or correspondence or courier delivery that is late, lost, altered, damaged or misdirected (whether or not after their receipt by APL) due to any reason beyond the reasonable control of APL; and (d) any tax liability incurred by a winner or and runner-up.