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. Entry is only open to Australian residents aged 14 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.
3. 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 1st cousin.
4. Promotion commences 12:01am AEST on 20/09/20 and ends 23:59pm AEDST on 20/10/19 (“Promotional Period”).
5. To enter, individuals must, during the Promotional Period:
Download and sign into the TikTok mobile application;
Visit the Arnott’s Shape’s Tik Tok Challenge Page Recording themselves performing the “Shapes Flavour You Can Challenge” on the TikTok app using the official song “Shapes- Flavour you Can” by “Arnott’s Shapes” (search the hashtag #FlavourYouCan on the TikTok App for inspiration on the “Shapes Flavour You Can Challenge”);
Post their “Shapes Flavour You Can Challenge” to the TikTok App with the hashtag #FlavourYouCan
6. 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.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: each entry must be submitted separately and in accordance with entry requirements.
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.
Winner Determination & Prizes
10. The Winning Participants 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 awarded. 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.
11. All valid entries will be judged on or around 21 October 2020 at Arnott’s Biscuits, 24 George Street, North Strathfield NSW 2137. All valid entries will be reviewed by a judging panel appointed by the Promoter. The judging panel will determine the winner based on creativity and originality. The decision of the judging panel will be made in its sole and absolute discretion.
12. The five (5) most creative, original and suitable entries will be deemed Major Prize Winners and will be awarded the Major Prize.
13. Major Prize Winners will be notified by Direct Message on their TikTok App account by 5pm AEST on 22 October 2020
14. The Promoter’s decision is final and no correspondence will be entered into.
15. 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.
16. 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.
17. 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.
18. Total prize pool value is up to AUD $832. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
27. 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.
28. 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)