Crankt in the Wild Promotion Terms & Conditions
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
WHO CAN ENTER?
2. Subject to clause 3, entry is only open to Australian residents aged 18 years or over with a valid Instagram account.
3. Employees and immediate families of Freedom Foods Group Operations Pty Limited (the “Promoter”), its affiliates or related bodies corporate, and associated agencies are not eligible 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 first cousin.
HOW TO ENTER
4. Promotion commences on 21st August 2019 AEST and final entries close on 27th November 2019 AEST (“Promotional Period”).
5. To be eligible to enter, entrants must:
a. follow the @cranktprotein Instagram account at @cranktprotein;
b. take an image of your Crankt, in the wild and tag us using #cranktinthewild hashtag
6. Entrants must enter the promotion via Instagram during the Promotional Period.
7. The entrant’s Instagram account must be public and must not be set to private to be eligible. Uploaded files must be submitted in accordance with Instagram’s requirements.
8. The Promoter may upload selected images or photographs, once vetted, to the @cranktprotein Instagram account for public viewing in order to promote the promotion (including any outcome) and/or to promote any products manufactured, distributed and/or supplied by the Promoter. For clarity, not all images or photographs will be uploaded to the website and the appearance of an image or photograph has no bearing on the results of the promotion.
9. 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). 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 Promoter reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, provided false information, tampered with the entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. Commented [AS1]: Note: If promotion is for minors, then please use “Template Instagram Promotion T&Cs for minors” document instead.
11. Incomplete or indecipherable entries will be deemed invalid at the Promoter’s discretion.
12. Entrants agree that they are fully responsible for any materials they submit via the promotion including, but not limited to, their name, social media handle, comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may amend, remove or decline to publish any Content without notice for any reason whatsoever, and the Promoter may request the removal of entries from Instagram at any time in its absolute discretion.
13. 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, not suitable for children aged under 13, indecent, inappropriate, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
d. they own the copyright and/or intellectual property rights in the Content and have the rights in the Content to the uses contemplated by these Terms and Conditions; or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
e. to the extent permitted by law, they unconditionally and irrevocably consent to any use of the Content or act or omission which may otherwise infringe any intellectual property rights or moral rights in the Content and warrant that they have the full authority to grant these rights; and
f. 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; and Instagram’s requirements.
14. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach by the entrant of the terms in clauses 12 and
15. As a condition of entering this promotion, each entrant licenses and grants the Promoter, Freedom Foods Group Limited, and their affiliates, related bodies corporate, and sub-licensees an unrestricted, royalty-free, perpetual, worldwide, irrevocable, transferable and divisible right and licence to use, reproduce, modify, adapt, publish and display their entry (which shall include the Content), or part of their entry, for any purpose including, but not limited to, future promotional, marketing or publicity purposes, in any media, without compensation or royalties, restriction on
use, attribution or liability. If requested by the Promoter, the entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement.
17. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. It is a condition of participating that each entrant grants a complete release to Instagram from any claims that they now have or may have in the future that relate to or are incidental to this promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
18. Any cost associated with entering the promotion or accessing Instagram or any promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
19. The 14 most inventive and creative valid entries (2 prize packs every fortnight), as determined by the judges, will each win 1 x Crankt prize pack containing 36 x Crankt 55g bars and 36 x Crankt 375mL shakes.
20. The total maximum prize value is RRP A$4,107.60 including GST per 1 x $293.40 prize pack (total prize pool value is RRP AU $4,107.60 including GST). The prize value is correct at the date of printing or uploading. The Promoter accepts no responsibility for change in prize value between now and the ultimate date on which the prize is taken.
21. Prize will be delivered by as follows:
Prize draw 1: 20th September 2019
Prize draw 2: 4th October 2019
Prize draw 3: 18th October 2019
Prize draw 4: 2nd November 2019
Prize draw 5: 18th November 2019
Prize draw 6: 29th November 2019
Prize draw 7: 13th December 2019
22. If for any reason a winner does not take delivery of the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
23. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
24. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
25. A winner must be 18 years of age or over at the time of entry into the promotion, and must promptly provide valid identification to the Promoter, if requested.
26. Entrants consent to the Promoter using their Content, name, social media handle, 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, royalty or compensation for the purpose of promoting this promotion (including any outcome), and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
27. The winner agrees they will not sell or otherwise provide their story and/or images or photographs to any media or other organisation.
HOW TO WIN
28. This is a game of skill, and chance plays no part in determining the winner(s). Each entry will be individually judged by a panel of judges from the Promoter based on the criteria of being the most inventive and creative entry.
29. There will be 14 winners selected in total from the eligible pool of entrants. The judges may select additional reserve entries that they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
30. The judging will take place at Freedom Foods Group Limited at 80 Box Road, Taren Point NSW 2229 at or before 5:00pm each fortnight commencing on 4th September then every consecutive fortnight then after up until the 27th of November 2019.
31. The two fortnightly winners will be notified via Instagram direct message on Instagram at or by 6:00pm. The winners acknowledge that, in order to receive the message from the Promoter, they must accept the Promoter’s “follow” request.
32. The Promoter’s decision is final, and no correspondence will be entered into.
33. The Promoter may in its absolute discretion deem entries invalid subsequently to a winner being notified or a winner’s name being announced if it is discovered that the winner did not enter the promotion in accordance with these Terms and Conditions.
34. In the case of the intervention of any outside act, agent or event that prevents or significantly hinders the Promoter’s ability to proceed with the promotion on the dates or in the manner described in these Terms and Conditions including, but not limited to, technical or telecommunications problems (including security or data breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion modify, cancel, terminate or suspend the promotion, and/or recommence it from the start on the same Terms and Conditions.
35. To the extent permitted by law, the Promoter, its affiliates or related bodies corporate, and/or its associated agencies and companies, will not be liable for any damages, misadventure, accident, injury, loss (including but not limited to indirect and consequential loss) or claim that may occur:
a. during the entry process or winner determination process;
b. in the acceptance, participation or use of any element(s) of the prize;
c. as a consequence of late, lost, failed, delayed, inaccurate, incomplete or misdirected entries or other communications;
d. due to the broadcast of any program relating to the promotion, or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person;
e. arising from, related to, or in connection with any problem or technical malfunction (including security or data breaches) of any Internet, software or telecommunications arising from, related to, or in connection with this promotion; and/or
f. as a result of the conduct of Instagram, including the decision of Instagram to remove or not remove any photographs, images or content, except for liability which cannot be excluded by law. In particular, the content, images thoughts and views expressed on Instagram are only those of the individual that posted them. They are not representative of the opinions of the Promoter and/or its affiliates, related bodies corporate, and/or associated agencies and companies. The Promoter, its affiliates and related bodies corporate, and/or its associated agencies and companies do not guarantee or warrant the accuracy, completeness or usefulness of any post or Content.
36. The Promoter, its affiliates and related bodies corporate, and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorized access to or alteration of entries, and reserves the right to take any action that may be available.
37. 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) 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 the promotion including, but not limited to:
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, incomplete, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the Promoter’s reasonable control;
d. any variation in prize value to that stated in these Terms and Conditions; and/or
e. any tax liability incurred by a winner or entrant.
38. Any term of these Terms and Conditions that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms and Conditions is not affected.
39. The Promoter is Freedom Foods Group Operations Pty Limited (ABN 99 089 982 392) of 80 Box Road, Taren Point NSW 2229.