“SHAPES FLAVOUR BATTLE COMPETITION” PROMOTION TERMS AND CONDITIONS



  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  2. Eligibility Criteria


  3. Entry is only open to Australian and New Zealand residents aged 16 years or over. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
  4. Employees (and their immediate families) of the Promoter 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 1 st cousin.

  5. Entry Instructions


  6. Promotion commences 12:01am AEST on 09/09/19 and ends 23:59pm AEDST on 27/10/19 (“Promotional Period”).
  7. To enter, individuals must, during the Promotional Period:
    ● visit www.arnotts.com and follow the prompts to play ‘The Flavour Battle’ online game (the “Game”). Individuals (each becoming a “Participant”) will compete against computer generated characters (each becoming an “Opposing Character”). To win the Game, Participants must defeat their assigned Opposing Character in that Game (each becoming a “Winning Participant”). A Winning Participant’s Game score will be based on their time referring to how quickly they were able to defeat their Opposing Character (“Game Score”); a Winning Participant’s Game Score must sit within the top ten (10) of Winning Participants’ Game Scores in order for their time to be recorded on the leader board. For the avoidance of doubt, if a Participant loses their Game or the Winning Participant does not record a Game Score within the top ten (10) of Winning Participants’ Game Scores, they will not have their time recorded. Leader board is indicative only and may not reflect results in real time; and then
    ● follow the prompts to the promotion entry page, input the requested details, including their full name and email address, and submit the fully completed online entry form.
  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 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 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.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. Multiple entries permitted however each entry must be submitted separately and in accordance with entry requirements.
  11. 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.

  12. Winner Determination & Prizes


  13. There will be one (1) round conducted for each week of the Promotional Period (each a “Weekly Round”), for a total of seven (7) Weekly Rounds. Entries open at 00:00 AEST/AEDST and close for each Weekly Round at 23.59 AEST/AEDST on the dates specified in the table below. Winners will be notified via email:

    Week Entries Open Entries Close
    1 09/09/2019 15/09/2019
    2 16/09/2019 22/09/2019
    3 23/09/2019 29/09/2019
    4 30/09/2019 06/10/2019
    5 07/10/2019 13/10/2019
    6 14/10/2019 20/10/2019
    7 21/10/2019 27/10/2019
  14. The Winning Participant with the fastest Game Score win time in each Weekly Round will win a year’s supply of their favourite flavour of Shapes, subject to availability, valued at up to AUD $166.40. Each prize consists of a total of fifty-two (52) boxes of Shapes. Due to the shelf life of Shapes boxes, the prize will be awarded in two (2) equal installments. The first instalment will be awarded within twenty-eight (28) days of the winner confirming their delivery details; and the second instalment will be awarded six (6) months after the first delivery. A total of twenty-six (26) individual boxes of Shapes will be included within each instalment to the prize winner. For avoidance of doubt, each prize will consist of one (1) flavour of Shapes only, subject to availability.
  15. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged on their winning time in the Game. In the event of a tie, the Promoter will award a prize to Winning Participants of that Weekly Round. The Promoter may record additional reserve Winning Participants’ entries which have the next fastest Game time, and record them in order, in case of an invalid entry or ineligible entrant.
  16. The Promoter’s decision is final and no correspondence will be entered into.

  17. General Conditions


  18. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian.
  19. If for any reason a winner does not take or redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  20. If any prize (or part of any 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.
  21. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  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) to modify, suspend, terminate or cancel the promotion, as appropriate.
  24. Any cost associated with accessing the promotional website and the Game is the entrant’s responsibility and is dependent on the Internet service provider used.
  25. 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.
  26. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“ 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.
  27. 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 misdirected (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) use of a prize.
  28. As a condition of accepting a prize, the winner must sign any legal documentation as and 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
  29. The Promoter collects personal information (“PI”) in order to administer this promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will use and handle PI as set out in its Privacy Policy, which can be viewed at www.arnotts.com. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant, provided the entrant has expressly given permission. The Arnott’s Privacy Policy also contains information about how entrants may opt out,access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).
  30. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
  31. The Promoter is Arnott’s Biscuits Ltd (ABN 44 008 435 729) of 24 George Street, North Strathfield NSW 2137 (in Australia) and Arnott’s New Zealand Limited (Company No. 208653) of Level 1, 61-73 Davis Crescent, Newmarket, Auckland, 1023, New Zealand (in New Zealand).