Terms and Conditions

Best Home Chef Competition

1. This competition is administered and promoted by Best Home Chef Pty Ltd (ACN 159 385 841) of Level 2, 20A Danks Street, Redfern NSW 2016, Australia (Best Home Chef). Best Home Chef has absolute discretion in relation to the conduct of this competition, including decisions in relation to eligibility of entry and determination of prize winners and all contestants agree to be bound by all decisions of Best Home Chef with respect to the conduct of this competition.

2. Best Home Chef’s sponsors of this competition include Appliances Online (an associated entity of Best Home Chef), and various other appliance brands who will sponsor the site each month – eg. Smeg, AEG, Siemens, Scholtes and Wolf.

3. Entering the competition is deemed to be an acceptance of these conditions of entry (“Conditions of Entry”). Information on how to enter and prizes as advertised on the website of Best Home Chef <www.BestHomeChef.com.au> (the Website) from time to time forms part of the Conditions of Entry and prevails over these conditions of entry to the extent of any inconsistency. Please check the Website regularly for latest news for the competition.

4. This competition is a game of skill and chance plays no part in determining the winners.

5. Best Home Chef will award a monthly prize for each month from December 2013. Entry to the competition is open to all residents of Australia, regardless of their age, however, the following people are only eligible to compete for the monthly prizes and are not eligible to compete for the final major prizes:

(a) employees of Best Home Chef and its related bodies corporate (as defined in the Corporations Act 2001 (Cth) (“Related Bodies Corporate”) including Winning Appliances, Appliances Online, Big Brown Box and Handy Crew and their immediate family members;

(b) employees of the sponsors of this competition and their immediate family members; and

(c) individuals having capacity as brand mentors or judges of this competition.

1. Contestants under 18 years old must obtain consents from parents or guardians for entry. The parents or guardians of contestants must read and agree to these Conditions of Entry.

2. To enter, contestants must go to Website, follow the prompts on the Website to the competition entry page and submit the entry as specified on the webpage including:

(a) details of the contestant including the full name, phone number and email address of the contestant and other details as required by the webpage;

(b) an original recipe (i.e. a recipe created or developed wholly by the contestant and not copied or plagiarised from a third party or source). The recipe
may be for an entrée, main or dessert; and

(c) a photo of the dish prepared according to the recipe.

How to Enter

1. Contestants may enter the competition using their original recipes which have been or submitted to be published or posted on social media sites or forums (Third Party Publishers), provided that each contestant must ensure that such Third Party Publisher does not own any rights (including intellectual property rights such as copyright) to the relevant recipe and that the contestant complies with clauses 14 and 19 of these Conditions of Entry.

2. If the contact details of the contestant change during the competition period, the contestant must notify Best Home Chef in writing.

3. Multiple entries are permitted per contestant, provided each entry relates to a different original recipe.

4. Entries are deemed to be received at the time of receipt by Best Home Chef and not at the time of transmission by the contestant. Best Home Chef’s records as to the time of receipt are final and conclusive. Best Home Chef is not and will not be obliged to consider entries that are late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected for whatever reason.

5. Best Home Chef may at its sole discretion, disqualify at any time any individual whom it believes:

(a) tampers with the entry process or engages in conduct which may jeopardise the fair and proper conduct of this competition;

(b) engages in conduct which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of this competition, Best Home Chef, its Related Bodies Corporate or the sponsors of this competition;

(c) is not in a mental or physical condition to be able to participate in the competition; or

(d) has breached these Conditions of Entry, and Best Home Chef reserves its rights to recover damages or other compensation from individuals who are disqualified under paragraphs (a), (b) or (d).

Competition Entries

1. Best Home Chef will own all property (including intellectual property such as copyright) in all entries and material (in any form) submitted to the Website, or which otherwise arises in connection with the competition. Food bloggers may request to receive dual rights in written communication with Best Home Chef editors however the final decision is to the discretion of Best Home Chef. All contestants and other individuals who submit entries or material to the Website:

(a) assign all their rights, free and clear from all encumbrances, in the entries and material to Best Home Chef upon submission to the Website;

(b) hereby unconditionally and irrevocably consents to any act or omission that would otherwise infringe his or her moral rights (including the right of attribution, the right against false attribution, and the right of integrity) in relation to the contents of the entries or material submitted to the Website; and

(c) agrees that Best Home Chef may exercise any rights in relation to the contents of the entries or material submitted to the Website without identifying any person as the individual responsible for creating any particular contents of the entries or material submitted to the Website and modify, alter, adapt, distort or otherwise change any part of the contents as it deems fit in their absolute discretion.

1. Best Home Chef and its Related Bodies Corporate may use (or grant to a third party the right to use) all entries and material in any medium or manner, including but not limited to the reproduction, modification or adaptation of the contents of such entries and material for any purpose, including the creation of cookbooks, advertisements, editorial insights, media releases and consumer insights.

2. Best Home Chef may make editorial changes to the contents of each entry, including any grammatical or spelling errors but will not change the material
contents of the entry without the consent of the relevant contestant.

3. Best Home Chef reserves the right to verify the validity of all competition entries and may at its discretion, suspend or disqualify any entry which, in the opinion of Best Home Chef:

(a) is not in the required form;

(b) is not original; or

(c) includes contents that are profane, potentially insulting, inflammatory or defamatory, unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable.

Obligations of Contestants

1. Each contestant agrees that he or she participates in this competition entirely at his or her own cost and risk. Other than expressly stated in these Conditions of Entry, any cost associated with accessing the Website or otherwise participating in the competition is the contestant’s responsibility. Obtaining time off from work or related activities to participate in the competition or any related events, including the awarding of any prize is the sole responsibility of each contestant.

2. Each contestant warrants that:

(a) each entry submitted by his or her is his or her original work and that he or she has not copied or plagiarised the contents of his or her entry in whole or part from a third party or source;

(b) no other party (including any Third Party Publishers) owns any rights to any part of the entry or materials submitted by the contestant and the contestant has the right to assign to Best Home Chef his or her rights in the entry and materials in accordance with clause 14;

(c) he or she will comply with all applicable laws and regulations when submitting an entry including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems;

(d) he or she will not make an entry with content that is unlawful or obtained fraudulently; and

(e) the form and contents of his or her entry will not contain computer viruses or cause injury or harm to any person or entity.

1. Each contestant agrees to participate in advertising or promotional activities organised by Best Home Chef, its Related Bodies Corporate or the sponsors of this competition, including but not limited to being interviewed, photographed or filmed in connection with the competition and/or the winning of any prize. Best Home Chef will own all property (including intellectual property such as copyright) in all written material, photographs, images, recordings, films, broadcasts and published editions created or otherwise arising in or from the advertising or promotional activities.

2. Each contestant consents to Best Home Chef, its Related Bodies Corporate or the sponsors of this competition using, publishing, broadcasting or otherwise disclosing his or her name, image and voice and statements made by the contestant, as recorded, photographed or filmed in any advertising or promotional activities organised by Best Home Chef, its Related Bodies Corporate or the sponsors of this competition, in any media throughout the world. The contestant will not be entitled to receive any payment for such use.

3. Best Home Chef will award a monthly prize for each month from December 2013 to December 2014. The monthly prize winners will be determined by the Best Home Chef editors, taking into account the number of times the recipe has been ‘cooked’, ratings and comments received by the entries as indicated on the Website and the Best Home Chef Facebook page. The top two recipes submitted each month will be cooked by a brand mentor or the Best Home Chef editor, who will decide on the winning recipe for the month. Both the winner and runner-up will automatically go into the running to receive the top Best Home Chef prize – $10,000 worth of appliances.

4. The monthly competition will work by the following:

· On the first week day of every month, Best Home Chef will outline a competition that will run over the course of that month.

· Entries are accepted up until the final day of the month. Entrants are able to comment and rate recipes from the community, and the top two recipes will be nominated for the final competition.

· Best Home Chef editors, and/or the brand ambassador for that month, will cook the top two recipes as voted by the community that month, and decide on the winner.

· The winner will win the prize for the nominated month (as announced on the first working day of the next month).

· Each monthly winner and each runner-up, will automatically be chosen as a finalist, and go into the running to win $10,000 worth of appliances to be announced in December 2015. Chefs can enter as many times as they like.

5. In addition to the monthly prizes, every Best Home Chef will be eligible for the 2014 end of year awards, celebrating the best chefs in the community. Appliances Online and Best Home Chef sponsors will donate $20,000 worth of appliances to the communities top chefs.

1. All entries successfully submitted to the Website by November 30 at 23:00 (AEST) will be considered for the final major prizes (winner and runner-up) as follows:

The Best Home Chef editors and the brand mentors have absolute discretion and will solely determine the Best Home Chef community winners for 2014.The finalists will be notified via email and published on the Website and Best Home Chef Facebook page. Best Home Chef may select a number of the 24 finalists (the winner and runner-up of each monthly prize), and other best-rated chef contestants from the community, to attend a Best Home Chef awards lunch. If any of the finalists or best-rated chef contestants is not available or does not respond to the invitation within 2 business days from date of the invitation, another contestant maybe invited in their place. Best Home Chef will choose and pay for reasonable transport and accommodation for contestants to attend the awards lunch where applicable. Five awards will be handed out to eligible members of the Best Home Chef community in December 2014.

The following awards will be decided:

1. Major award for brand mentors best home chef (chosen by the brand mentors for the chef who has consistently uploaded fabulous recipes throughout the year, who demonstrates a passion for food and unique recipe design. The brand mentors will cook the top chef’s recipes and decide on the winner.) ($10,000 worth of appliances)

2. Award for best overall recipe (chosen by the brand mentors from the monthly winners and runners-up) ($5,000 worth of appliances)

3. Community’s choice award (The recipe which has been cooked the most, rated highly on the Best Home Chef website and Facebook page – the community favourite $3,000 worth of appliances)

4. Award for most consistent number of recipes uploaded ($1,000 worth of appliances)

5. Award for recipe garnering the most comments/ attention ($1,000 worth of appliances)

1. The criteria for judging the final major prize winner will be taste and originality. The judges’ decision in all stages of the judging process for the final major prizes is final and conclusive.

2. The winners of the Best Home Chef awards (as outlined above) will be awarded $20,000 worth of cooking appliances (recommended retail value inclusive of GST) respectively selected by the winner and the runner-up from the brands sponsoring the competition which may include Smeg, AEG, Scholtes, Siemens and Wolf as are then available at the Appliances Online website as at the conclusion of the competition.

3. No correspondence will be entered into by Best Home Chef with respect the result of the competition, including the selection of the monthly prizesand those in the end-of-year awards.

4. All prizes including the monthly prizes and the final major prizes may not be transferred, exchanged or redeemed for cash. If a prize is unavailable, for whatever reason, Best Home Chef reserves the right to substitute the prize for a prize of equal or greater value, to the extent permitted by law. Prize values are the recommended retail value as provided by the supplier, and are correct at the time of printing. Best Home Chef accepts no responsibility for variation in prize value at the redemption date.

5. All winners have 2 months from notification to claim and collect their prizes. If any prizes remain unclaimed or uncollected within 2 months after the notification, Best Home Chef will deal with such unclaimed or uncollected prizes according to legislative requirements or in its discretion.

6. Winners may arrange to collect the prizes at an address nominated by Best Home Chef. Some of the prizes may be delivered free of charge to an address in the Australian capital city metropolitan areas only, by arrangement with the winner. Delivery to addresses in areas other than the metropolitan areas may be subject to a delivery fee. Prizes may not be delivered outside of Australia. No installation of appliances is included in the prize. Once the prize has left the premises of Best Home Chef or its Related Bodies Corporate, Best Home Chef takes no responsibility for the prize, whether damaged, delayed or lost in transit.

7. It is a condition of accepting the prize that the winner must comply with all conditions of use for the prize and the prize supplier’ requirements.

8. Best Home Chef is not obliged to provide a prize to a winner if the winner is or will be prevented or prohibited from using or otherwise enjoying the prize by any law, has not complied with any these Conditions of Entry or has not complied with any other reasonable request of Best Home Chef relating to the competition. Where a prize has already been awarded to a winner and Best Home Chef becomes aware that the winner has not complied with any of the above, the winner will be required to return, refund or otherwise make restitution of the prize.

Claiming the Prizes

(a) provide photographic proof of identification, (where applicable) proof of residency at the nominated prize delivery address and proof of entry validity to the competition to the satisfaction of Best Home Chef; and

(b) sign all documentation requested by and in a form acceptable to Best Home Chef, including without limitation documentation releasing and indemnifying Best Home Chef in respect of any liability that may arise in connection with the competition or the winner’s acceptance and use of the prize.

The winner will forfeit his or her prize if the winner is not able to or does not agree to comply with the above conditions.

1. Winners who are less than 18 years old must be accompanied by their parents or guardian when collecting their prizes. Parents or guardians claiming prizes on behalf of persons under 18 years old will be subject to these Conditions of Entry.

2. All prizes are accepted entirely at the risk of the winner. Best Home Chef disclaims all liability arising from or in connection with prizes, and claims arising from the use or misuse of any prize. To the extent permitted by law, Best Home Chef expressly excludes to the extent permitted by law all representations, warranties, guarantees and conditions in connection with any prize, including those as to its value, benefit, merchantability and fitness for purpose.

3. Best Home Chef accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought by the winners.

4. Best Home Chef collects personal information in order to conduct the competition. By entering the competition, each contestant consents to their personal information being collected, used, managed and disclosed in accordance with Best Home Chef’s Privacy Policy and these Conditions of Entry. Where required by law, personal information may be disclosed to relevant government agencies and departments and names of winners may be published in accordance with legislative requirements.

5. Nothing in these Conditions of Entry limits, excludes, restricts or modifies the application of any legislation which by law cannot be limited, excluded, restricted or modified. Subject to the above and to the maximum extent permitted by law, all conditions, warranties, terms, guarantees and obligations expressed, implied or imposed by law or otherwise relating to the performance of Best Home Chef’s obligations in connection with this competition or the prizes are excluded. To the extent permitted by law, Best Home Chef, its Related Bodies Corporate and the sponsors of this competition exclude all liability however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, personal injury, loss of profit or loss of business opportunity, arising in connection with this competition or the prizes.

6. Each contestant releases and indemnifies Best Home Chef, its Related Bodies Corporate and the sponsors of this competition and their respective officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the contestant, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) arising out of the contestant participating in the competition or the acceptance of any prize and from and against all damages, reasonable costs and expenses incurred in satisfying, defending or settling any such claim, proceeding or demand.

7. Best Home Chef has no control over the internet, networks or lines including any computer viruses or bugs and server problems and accepts no responsibility for problems associated with them whatsoever. Best Home Chef will not be liable to any contestant or otherwise, for

General

(a) any incorrect or inaccurate information caused by the equipment or programming associated with or used for entry into a competition; or

(b) any technical error that may occur in the course of administering the competition (including any omission, interruption, deletion, defect, traffic congestion, delay in operation or transmission of any communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries).

1. If the competition is not capable of being conducted as planned by Best Home Chef due to causes beyond the reasonable control of Best Home Chef (including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical difficulties), Best Home Chef reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the competition to the extent permitted by law.

2. Best Home Chef may communicate this competition on Facebook using the Best Home Chef, Winning Appliances and Appliances Online Facebook pages, however, this promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Any questions, comments or complaints about this competition must be directed to Best Home Chef and not Facebook. All contestants understand that they are providing their information to Best Home Chef and not to Facebook.