Terms & conditions

Stephanie Alexander Kitchen Garden Foundation (SAKGF), Smitten Apple Recipe Competition Terms & Conditions ("Conditions of Entry")

Promotion: Stephanie Alexander Kitchen Garden Foundation and Smitten Apples
Promoter: Stephanie Alexander Kitchen Garden Foundation ABN 74 107 809 030 & ACN 107 809 030
1 Glasshouse Rd, Collingwood, VIC 3066. Phone (03) 8415 1993.

Promotion Period: Start date 17 March 2021. End date midnight 13 April 2021.

Eligible Entrants: Entry is open to any state or territory. Entrants under the age of 18 must have parent or legal guardian approval to enter.

How to enter:

Create and send us a recipe using Smitten Apples. It can be sweet or savoury or a combination of both! You will be in the running to win a kitchen garden prize pack.

Take a photo of your completed dish with a description and email it to: marcomms@kitchengardenfoundation.org.au

Total Prize Pool: $200

Prize description:

$100 Coles gift card
Stephanie Alexander’s Kitchen Garden Cooking with Kids
Kitchen Garden Journal
Coles & Stephanie Alexander Kitchen Garden Foundation children’s apron
Curtis Stone’s Good Food, Good Life Cookbook

Winner notification: The winner will be contacted by phone, or email, within fourteen (14) days of the judging.

Winner notification: The winners will be contacted by phone, or school or early childhood service email, within fourteen (14) days of the judging.

Unclaimed prizes: In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.

1. The entrant agrees and acknowledges that they have read these Conditions of Entry and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry. Any capitalised terms used in these Conditions of Entry have been defined within the Conditions of Entry.

2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

3. Valid and eligible entries will be accepted during the Promotional Period.

4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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 first cousin.

5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.

6. Judging:

a) The winner will be determined by representatives of the Promoter.

i) The entry with the best recipe, as determined by the judges, will win the prize pool specified above.

ii) The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

iii) The winners will be determined by skill. Chance plays no part in determining the winners. The judges' decision is final and binding and no correspondence will be entered into.

7. All reasonable attempts will be made to contact the winner.

8. If the winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

9. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.

10. If goods ordered using the prize are unavailable the Promoter reserves the right to substitute the goods (or that portion of those goods) to goods of equal or greater value and/or specification.

11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the internet

13. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.

15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf.

16. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

17. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter including a pandemic or COVID-19, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.

18. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.

19. All material submitted on entry (e.g. Photo(s)/photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc.), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Conditions of Entry. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Conditions of Entry including this clause.

20. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.

21. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

22. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.

23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

25. The Promoter does not accept any liability for any injury or damage which you may suffer as a result of your use of the prize items or goods purchased with the prize. All items must be used under adult supervision.

Kitchen Garden Classroom Membership Terms & Conditions

These terms and conditions refer to a Kitchen Garden Classroom membership purchased via the Stephanie Alexander Kitchen Garden Foundation (SAKGF), as of December 2020, and are subject to change as deemed appropriate by SAKGF.

Joining fee and annual fee

Total membership price: $330 inc. GST joining fee (12-month classroom membership) and $165 annual renewal fee.

Annual renewal

You will be notified via email 30 days in advance of renewing your membership so you have the opportunity to update your payment details or cancel your membership.

Membership cancellation

Memberships can be cancelled at anytime by notifying SAKGF via support@kitchengardenfoundation.org.au. Joining fees and annual fees are non-refundable once your membership has been activated.
Annual renewal fees will not be charged if a cancellation request is received before the annual renewal date.
The renewal date is twelve months after the initial joining fee is processed, and annually thereafter.

Membership facilities:

Purchasing a Kitchen Garden Classroom membership entitles your organisation to the following:

Access to the online community website the Shared Table, including an organisation profile
Access to hundreds of resources in the Shared Table Resource Library
The Shared Table weekly digest (weekly activity email) and quarterly newsletter
Multiple logins per organisation
Access to online and face-to-face training
Ability to purchase further resources at members-only pricing
Email and telephone support
Use of the Kitchen Garden Classroom logo.
Kitchen Garden Classroom Certificate

Kitchen Garden Program Membership Terms & Conditions

These terms and conditions refer to a Kitchen Garden Program membership purchased via the Stephanie Alexander Kitchen Garden Foundation (SAKGF), as of December 2020, and are subject to change as deemed appropriate by SAKGF.

Joining fee and annual fee

Total membership price: $1650 inc. GST joining fee (24-month program membership) and $275 annual renewal fee after first 24 months.

Annual renewal

You will be notified via email 30 days in advance of renewing your membership so you have the opportunity to update your payment details or cancel your membership.

Membership cancellation

Memberships can be cancelled at anytime by notifying SAKGF via support@kitchengardenfoundation.org.au. Joining fees and annual fees are non-refundable once your membership has been activated.
Annual renewal fees will not be charged if a cancellation request is received before the annual renewal date.
The renewal date is twelve months after the initial joining fee is processed, and annually thereafter.

Membership facilities:

Purchasing a Kitchen Garden Program membership entitles your organisation to the following:

Access to the online community website the Shared Table, including an organisation profile
Access to Trellis our online support tool
Access to hundreds of resources in the Shared Table Resource Library
The Shared Table weekly digest (weekly activity email) and quarterly newsletter
Multiple logins per organisation
Access to online and face-to-face training
Ability to purchase further resources at members-only pricing
Basic email and telephone support.
Kitchen Garden Program Membership Certificate
Use of the Kitchen Garden Program logo

Members and Stephanie Alexander Kitchen Garden Program Schools

Purchasing a membership entitles your organisation to access the Membership facilities outlined above.

The term ‘Stephanie Alexander Kitchen Garden Program School’ refers only to a limited number of schools who:

are delivering a primary curriculum
have been trained by SAKGF to deliver the Kitchen Garden Program
have signed a Memorandum of Understanding setting out how the Program will be delivered at their school.

By purchasing a membership you are not becoming a Stephanie Alexander Kitchen Garden Program School. A member must not refer to their organisation as a ‘Stephanie Alexander Kitchen Garden Program School’ or say that they are running the Stephanie Alexander Kitchen Garden Program.

Use of Stephanie Alexander Kitchen Garden Foundation logo and branding

Members are provided with unique Kitchen Garden Classroom branding. Members do not have permission to brand themselves under the Stephanie Alexander Kitchen Garden Foundation or Program and must not use the Stephanie Alexander Kitchen Garden Foundation or Stephanie Alexander Kitchen Garden Program branding.

Use of Stephanie Alexander Kitchen Garden Foundation logo and branding

Copyright

All resources within the Shared Table’s Resource Library are copyright to the Stephanie Alexander Kitchen Garden Foundation, unless specified otherwise. You may copy and communicate the material for non-commercial and educational purposes provided you retain all acknowledgements presented with the material.

All content included on this website, such as text, graphics, logos, images, audio and video clips, reports, abstracts, downloadable items is, unless otherwise stated, the property of SAKGF or its content suppliers and protected by Australian and international copyright laws. Except as stated in specific SAKGF materials, none of the site content may be reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical photocopying or recording, without the prior express written permission of SAKGF. No part of this website may be ‘mirrored’ or ‘framed’ on any other website without the prior express written permission of SAKGF.

Material posted by schools and members

Members must not copy photographs or other material posted by Stephanie Alexander Kitchen Garden Program Schools or other members on the Shared Table for any purpose.

Community guidelines for posting content

All material (in any format) uploaded to the Shared Table under your Shared Table login constitutes a representation by you that it is owned by you or authorised by you for publication to the Shared Table audience or that you have the right to use any copyright material included in the material posted or uploaded and that you are not infringing any person’s rights by posting or uploading the material to the Shared Table.

SAKGF reserves the right to remove material that does not reflect SAKGF Philosophy or does not relate to the delivery of kitchen or garden classes or associated learning activities.a

The audience of the Shared Table includes any staff or students from Stephanie Alexander Kitchen Garden Program Schools or Kitchen Garden Classroom member organisations. All images and material must be appropriate for this audience and preserve the character of the Shared Table as a safe and enjoyable space.

It is the responsibility of your organisation’s staff to ensure all images or files uploaded to the Shared Table have the necessary permissions. All photographs and documentation uploaded should only be provided with the appropriate permissions of those being photographed, or the owners of the documentation.

Students are encouraged to assist in uploading material and information to your Kitchen Garden Profile relating to the garden, kitchen or learning activity happening at your school/institution. This must occur with the support and guidance of adult staff.

Only post a link to an external website if you are sure that the content of the link is appropriate for this community.

Posts and comments on the Shared Table are not moderated before they appear on the site. If you see something that concerns you please contact the Support Line on 13000 SAKGF or support@kitchengardenfoundation.org.au

If a user violates our community guidelines their access to the Shared Table may be limited or removed. We reserve the right to deactivate any account and to edit or remove any content without warning.

These community guidelines are subject to change at any time without notice.

Promotional use of material uploaded to the Shared Table

SAKGF reserves the right to use any photography, images and documentation uploaded to the Shared Table for SAKGF’s promotional purposes.

Further information and resources

For information on how to use the Shared Table website, refer to the Shared Table User Guide and the ‘Welcome to the kitchen garden community’ resource.

If you have any questions please contact support@kitchengardenfoundation.org.au

Privacy

SAKGF collects information about the participation and activity of your organisation within the Shared Table site for the purpose of improving the site. The personal information we collect is strictly for our use and is not shared with any other person or entity, unless with your consent or as required or authorised in accordance with the law. We will not sell or give away any lists or other data that we may collect.

The type of information SAKGF collect includes number of downloads, types of resources searched for, level of activity within the Kitchen Garden Profile and the IP/Internet address of your computer. This information is collected at an organisational level and is not intended to identify any individual user. This aggregate, non-identifying statistical data is for improving the Shared Table website, to provide more relevant information and resources to our community and for statistical analysis.

By accepting these Terms and Conditions you are acknowledging you have read them and are authorised to accept them on behalf of your organisation. All staff at your organisation provided with login access to the Shared Table are bound by these Terms and Conditions.

Disclaimer

SAKGF provides this website as a public service and to subscriber organisations and registered users.

SAKGF is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up to date.

Although the SAKGF website including the Shared Table may include links providing direct access to other online resources, SAKGF has not participated in the development of those other sites and does not exert any editorial or other control over those sites. SAKGF is not responsible for the accuracy or content of information contained in these sites.

Links from SAKGF to third-party sites do not constitute an endorsement by SAKGF of the parties or their products and services.