1. These Terms and Conditions must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms and Conditions. Where there is any inconsistency between these Terms and Conditions and the Schedule, the Schedule prevails.

2 The Competition will be conducted during the Entry period.

3 By participating in this Competition, Entrants agree to be bound by these Terms and Conditions.

4 The Prize/s are specified in the Prize section of the Schedule.

5 The total prize pool is specified in the Total Prize value section of the Schedule.

6 Any Prize is valued in Australian dollars unless expressly stated to the contrary.

7. Third Party Websites may be used to advertise or promote the Competition. By entering the Competition, Entrants agree that the Competition is in no way sponsored, endorsed or administered by, or associated with the Third Party Websites and to release Third Party Websites from all liability in relation to this Competition.

8 Any questions, comments or complaints regarding the Competition should be directed to the Promoter and not Third Party Websites.

9 Entrants understand that they are providing their information to the Promoter and/or any Third Party Websites when participating in the Competition and that Entrants may be subject to terms and conditions of Third Party Websites.

10 Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless Third-Party Websites and their associated agencies and companies against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred in respect of the Entrant’s involvement in the Competition.

11 Entry is only open to the Entrants, excluding the Exclusions (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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin).

12 Entrants agree to show proof of the matters in 11 above if requested by the Promoter.

13 An Entered Child that has previously worked with the Promoter in any capacity is not eligible to enter this Competition.

14 Children from the same multiple birth (ie twins, triplets) may only be entered either individually or as a group (Multiple Birth Entry), but not both. In any Multiple Birth Entry, all children from the same multiple birth must be included in the Entry and depicted in a single photograph.

15 In any Entered Photograph, an Entered Child must be wearing a nappy/diaper or equivalent clothing cover (unless unborn).

16 This Competition will be conducted during the Entry Period and Entries must be received by the Promoter during the Entry Period. Entries received after the Entry Period will not be considered. The Promoter is not responsible for any late, lost, delayed or misdirected Entries. Incomplete Entries will be deemed invalid.

17 To enter this Competition, Entrants must complete the Entry, subject to the Limit, and these Terms and Conditions.

18 Entry to this Competition via the Competition Website is free.

19 Entrants must personally and manually submit an Entry using an internet browser. The Promoter reserves the right to reject an Entry if it reasonably forms the opinion that an Entry has been created and/or submitted using automated entry means or a computer entry service.

20 To be eligible to win a Prize in this Competition, an Entry must not:

(a) infringe the intellectual property or other rights of a third party; (b) be incomplete or illegible; or (c) be unlawful, defamatory, abusive, insulting, threatening, obscene, inflammatory, offensive or otherwise contain content which, in the Promoter’s sole discretion, is inappropriate or objectionable.

21 The Promoter may in its absolute discretion not accept a particular Entry, may disqualify an Entry, or cancel the entire Competition at any time without giving reasons and without liability to any Entrants. Without limiting this the Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

22 All Entries become the property of the Promoter.

23 The Promoter’s decisions are final, and the Promoter will not enter into any correspondence regarding decisions made. For the avoidance of doubt, Entrants agree not to challenge or question the Promoter’s decisions with respect to the Prizes.

24 This Competition is a game of skill, and chance plays no part in determining the Winners. All Entries will be judged individually on their merits based on the Judging Criteria.

25 Judges may exercise their discretion when considering the Judging Criteria and awarding the Prizes. Entrants are encouraged to submit Entries that are creative, authentic and original, embracing themes such as diversity, equity and inclusivity. For the avoidance of doubt, the Judges’ views do not represent and are not b.box’s official position on the subject matter.

26 Judging will take place as per the Prize Determination. Representatives of the Promoter (Judges) will select one (1) x Daily Prize Winner from either of the Bump Category or Baby Category from approved Entries in line with the Judging Criteria and two (2) Grand Prize Winners from each of the Bump Category and the Baby Category from approved Entries in line with the Judging Criteria.

27 The Judges’ decisions are final, and the Promoter will not enter into correspondence regarding the results. For the avoidance of doubt, Entrants agree not to challenge or question the Judges’ decisions with respect to the Prizes.

28 Daily Prize: The winning Entry for the Daily Prize will be posted between 09:00AM and 12:00PM AEST on the Business Day following the date of selection of the winning Entry on the Promoter’s Instagram Stories (at account @bboxforkids) and at the Competition Website. Winning Entrants will also be emailed at the email address submitted in the Entry.

29 Grand Prize: All Entrants are eligible to be selected for one (1) of two (2) x Grand Prizes (one (1) Grand Prize for each of the Bump Category and Baby Category). The winning Entrants of the Grand Prizes will be selected on 31 October 2024 by the Judges and Notification will take place on 1 November 2024.

30 Winners of the Grand Prize (two (2) in total) will need to supply the Promoter with their bank account details for the purpose of facilitating the Promoter making the EFT payment.

31 In addition to the above, each Grand Prize winner has the opportunity for their Entered Child to feature in and be part of a future b.box photoshoot to be held at a date to be advised during the 2024/25 financial year (ending 30 June 2025) in Melbourne, Victoria. This campaign may be a single print, or digital or a series of different advertisements within the one campaign. Grand Prize winners may be featured together or separately in the campaign. Participation in the photoshoot is personal to and non-transferable by the Grand Prize winners.

32 As part of the Grand Prize, winners will also be offered a thirty (30) minute family photo session during the scheduled photoshoot, not necessarily featuring the Promoter’s products, and digital copies of the final images selected by the Promoter, subject to any marketing and legal clearance (Final Images). Grand Prize winners may publish and share the Final Images for personal but not commercial purposes. Grand Prize winners will be able to select up to fifteen (15) digital photos from their family photo session in unedited format for their own personal use and enjoyment.

33 Grand Prize winners who wish to take part in the photoshoot are responsible for all costs (and bear all the risk) for all meals, travel, accommodation and other sundries required to attend the photoshoot. If for any reason a Grand Prize winner is not able to travel to and/or participate in the photoshoot on the date scheduled by the Promoter, that element of the Grand Prize winner’s Prize will be forfeited. In the event of forfeiture, no other Entrant will be offered the photoshoot opportunity.

34 All Winners must claim their Prize within the Claim Period. Prizes will be sent to the Prize winners using the details (including contact number, address and email address) provided by the Entrants in their Entries. The Promoter will not be responsible for any delay, loss or damage to the Prize once it has left the Promoter’s or supplier’s premises.

35 If for any reason the winner/s are unable to comply with these Terms and Conditions and/or do not claim the Prizes within the Claim Period, no alternative winners will be selected.

36 If requested by the Promoter, winners will sign a legal disclaimer on reasonable terms determined by the Promoter as a condition of taking any Prize.

37 The prize consists of the Prize, valued at the Total Prize Value.

38 The winner’s use of the Prize is subject to:

(a) these Terms and Conditions; and (b) additional terms and conditions imposed by the supplier(s) of the Prizes (if any) or third-parties whose services may be used in the provision of the Competition, with which the winner must comply.

39 The Prize is not transferable and not redeemable for cash or other goods or services. The Prize must be taken as a whole and as stated in these Terms and Conditions no alternative will be provided and no compensation will be payable if the Winner is unable to use the Prize as such.

40 The value of the Prizes is the recommended retail price as provided by the supplier (inclusive of GST) and is correct as at the start of the Competition.

41 When redeeming their b.box gift vouchers, winners are eligible for free standard shipping in Australia.

42 If the Prize becomes unavailable for any reason, the Promoter, in its sole discretion, reserves the right to substitute the Prize with a prize of equal or greater value and/or specification.

43 The Promoter takes no responsibility where it is unable to contact Prize winners who have not provided correct or complete contact details. If an Entrant’s contact details change during the Entry Period, it is the Entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.

44 All Entries become the property of the Promoter. As a condition of entering into this Competition, Entrants agree to assign all their rights in and to their Entry (including the entry form and Entered Photographs) and any related content to the Promoter, including any copyright or other intellectual property rights in the Entry and related content (Content). Without limiting this, the Promoter may use Content for any and all purposes including commercial purposes. You warrant that Content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any Content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of Content.

45 Entrants consent to the Promoter’s use of the Content for any purpose, worldwide, indefinitely and irrevocably, without any remuneration being paid. The Promoter shall ensure that any such use is reasonable and reputable. The opportunity to participate in the Competition and the Prizes constitutes the entire benefit payable by the Promoter to the Entrants in respect of such use.

46 For the avoidance of doubt, Entrants:

(a) agree that they will not acquire any rights to the Content or any monetary proceeds derived by the Promoter from its use; (b) agree that they will not be paid for their participation in the Competition or for providing the acknowledgements and consents in these Terms and Conditions; and (c) release the Promoter (and anyone acting with its authority) from any claims relating to these Terms and Conditions.

47 Without limitation, the Promoter may continue to make the Competition Website available for viewing by the public after the end of the Competition.

48 Entrants consent, in the event they are a winner, to the Promoter using any photographs or video footage taken at the photoshoot for an unlimited period for the purposes of advertising and promoting the Promoter and its products and services (including any future promotions). Such advertising and promotion may include, without limitation, use of photographs on product packaging, point of sale materials, catalogues, magazine and newspaper advertising, outdoor advertising, posters, internet advertising and social media posts. All photographs, videos and any related rights, including without limitation all intellectual property rights subsisting therein, are the property of the Promoter.

49 The Prizes constitute the entire benefit payable by the Promoter in respect of the Grand Prize winner’s participation in the photoshoot and for any use (exclusively, irrevocably and in perpetuity) of Entered Photographs or images (whether photographic or video) produced at the photoshoot, including in subsequent marketing, advertising or promotional materials or campaigns. The Promoter shall have sole discretion in relation to the use (or non-use) and the selection of images, including the Final Images, resulting from the Competition and/or photoshoot for its marketing, advertising and promotional campaigns.

50 For the avoidance of doubt, the Grand Prizes and the photoshoot opportunity are the total benefit to be received by the Grand Prize winners from the Promoter.

51 Grand Prize winners:

(a) agree that they will not acquire any rights to images or video footage taken at the photoshoot, including the Final Images, or any monetary proceeds derived by the Promoter from their promotion, sale, licensing, distribution or other use; and (b) agree that they will not be paid for their participation or featuring in the photoshoot or the resulting images and/or imagery or for providing the acknowledgements and consents in these Terms and Conditions; and (c) release the Promoter (and anyone acting with its authority) from any claims relating to these Terms and Conditions.

52 These Terms and Conditions are governed by the laws of Victoria, Australia.

53 In the case of a dispute, the parties agree to abide by the rules and process of the Dispute Settlement Centre of Victoria (www.disputes.vic.gov.au/) with respect to mediation. Should the parties fail to reach a mediator assisted resolution, the courts of Victoria, Australia will have exclusive jurisdiction thereafter.

54 If an Entrant’s contact details change between the date of Entry and Notification, it is the Entrant’s responsibility to notify the Promoter of any updated contact details.

55 The Promoter is bound by the Privacy Act 1988 (Cth). Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to conduct the Competition and publicize the names of the Prize Winners. Entry is conditional on providing this information.

56 Unless Entrants indicate otherwise, the Promoter may send Entrants marketing, advertising and promotional material about the Promoter’s products and services.

57 Entrants’ personal information may be disclosed to third parties who assist the Promoter in conducting this Competition, including regulatory authorities, entities which supply and deliver the Prizes to the Winners, and marketing and communications agencies.

58 Entrants should direct any complaints, requests to access, update or correct information to the Promoter. Collection, use and disclosure of information collected in connection with this Competition will be handled in accordance with the Promoter’s Privacy Policy which can be located at https://bbox.com.au/pages/privacy-policy.

59 The Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions.
Risk and liability

60 To the fullest extent permitted by law, the Winner participates in this Competition, and uses the Prize, at his or her own risk.

61 To the fullest extent permitted by law, the Promoter, its related bodies corporate and the suppliers, agencies and other companies involved in this Competition assume no responsibility for any error, omission, interruption, defect, delay in operation or transmission, or loss or damage to data.

62 If this Competition is not capable of running as planned for any reason (including as a result of technical failures, fraud or causes beyond the Promoter’s control), the Promoter may, in its sole discretion, cancel, suspend or change the Competition and re-commence it on similar terms, subject to any directions by regulatory authorities.

63 Except for any liability that cannot be excluded by law, the Promoter (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 the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any recommendation or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Winner or Entrant; or (f) use of the Prize.

64 If despite the foregoing clause, the Promoter incurs a liability to an Entrant under any law which implies a warranty into these Terms and Conditions which cannot legally be excluded, the Promoter’s liability in respect of the Competition is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Competition, or paying the cost of resupplying those goods or services.

65 Without limiting any of the foregoing, in no circumstances will an Entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.

66 The Promoter makes no express representations or warranties as to the quality/suitability/merchantability of any Prize. The Promoter takes no responsibility in regard to the condition and/or fitness of the Prize. The Winner should look to the manufacturer or supplier for all warranties and claims.