FREEDOM FOODS ‘CEREAL FOR A YEAR’ TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter. 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.
4. Promotion commences on Monday 26th October 2015 and ends at 11.59pm AEST on Monday 30th November 2015 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
(a) Visit one of the Freedom Foods pages at https://www.facebook.com/FreedomFoodsGroup?fref=ts (“Facebook Page”) or https://instagram.com/freedomfoodies/ (“Instagram Page”)
(b) on Facebook share a photo featuring one (or more) of our new products** in the comments section on the promotion post with the hashtag #NewFreedomFoods;
(c) on Instagram share a photo featuring one (or more) of our new products with the hashtag #NewFreedomFoods and tag @FreedomFoodies;
**New Products as defined for the purpose of this promotion include the following: Crafted Blends Lemon Myrtle; Crafted Blends Berries; Crafted Blends Berries Bar; Crafted Blends Greens Bar; Crafted Blends Maca Bar; Toasted Muesli; Rainbow Crunchers; XO Crunchers.
6. (a) Each person may enter once across Facebook and Instagram pages. Duplicate entries, whether on two separate posts on a single platform or on posts on two different platforms will be disregarded.
(b) When tagging someone else, entrants must please seek prior permission from the individual first.
(c) Entrants must be over the age of 18.
7. Incomplete or indecipherable entries will be deemed invalid.
8. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
9. 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.
10. The judging will take place at 3-5 Queen Street, Glebe, NSW on Tuesday 1 December 2015 from 10am AEST.
11. 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.
12. The winners will be notified on the Freedom Foods Facebook and/or Instagram wall on Monday 29th June 2015 and will be asked to send Freedom Foods a private message on Facebook and/or Instagram to provide their full name, address and proof of age to obtain their prize.
13. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on originality and literary merit of the comment.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. Major Prize: The best entries will be those that are both valid and deemed most creative according to the terms of the promotion. The winner will receive a Year’s Supply Of Cereal (a monthly delivery pack containing a selection of Freedom Foods’ latest product range).
16. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
18. Minimum total prize pool value of $359.28. Prizes are not transferable or exchangeable and cannot be taken as cash.
20. When an entrant submits any materials via the promotion including answers to promotional question, comments, recordings and images (“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.
21. 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. The Promoter may remove any Content without notice for any reason whatsoever. 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 or otherwise unsuitable for publication;
(b) they will obtain prior consent from any person or property that appears in their Content;
(c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(d) their Content shall not contain viruses or cause injury or harm to any person or entity; and
(e) 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. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
22. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.
23. 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; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
25. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable 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.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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:
(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 entry or prize claim that is late, lost, altered, damaged or misdi-rected (whether or not after their 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) taking/use of and/or participation in a prize.
27. As a condition of accepting a prize, each winner must sign any legal documentation in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
28. 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, prize suppliers and, as required, to Australian regulatory authorities. 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 opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
29. The Promoter is Freedom Foods (ABN 15068972181) of 80 Box Road, Taren Point, 2229, 02 9526 2555.