1.The promoter is H.J Heinz Company Australia Limited (Heinz Australia) (ABN 87004 200 319) of   2 Southbank Blvd,   Southbank  VIC   3006 (the Promoter).

2.Information on how to enter, mechanics of entry and the prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry.

3.Entry is only open to Australian residents aged 18 years or over. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter this promotion.

PROMOTIONAL PERIOD, HOW TO ENTER, PRIZES
4.Over a period of 12 days, there will be a different promotion period each day,each with a different entry mechanic, and each with their own prizes. Entrants may enter as many of the individual promotions as they like. The below table summaries each individual promotional period, for each of the 12 Game of Skill competitions.


 
5. To enter, during each Promotional Period,entrants must follow the corresponding entry mechanic listed in the table above. Entrants are encouraged to be creative. Entrants may enter more than once during an individual promotional period.

6. This promotion is in no way sponsored, endorsed,or administered by or associated with Facebook. Nor is this promotion sponsored, endorsed, or administered by or associated with the providers and distributors of any of the prizes. Each entrant acknowledges that the information that they are providing is provided to the Promoter and not Facebook. The information that any entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant as a result of participating in the promotion (including the taking or use of any prizes), with the exception of any liability which cannot be excluded by law.

7. 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. The Promoter will disqualify any entrant who, in the absolute opinion of the Promoter, has or has attempted to, tamper with the entry process. Errors and omissions will be accepted at the Promoter's absolute discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

8. Without limiting any of the provisions of these Terms and Conditions, the Promoter requires that an entry must fully comply with these Terms and Conditions and must not include or make reference to the intellectual property rights of any person (including but not limited to any visible logos, drawings, cartoons, phrases, trademarks, copyrighted material,mark that identifies a brand or other third party materials), unless the entry is submitted with the written consent of the owner of the applicable intellectual property rights. An entry submitted which does not comply with this clause 9 (including where the entrant has not obtained written consent where required) may result in the entry becoming invalid for the purposes of this promotion.

9. Any entries that contain content that the Promoter, in its absolute discretion, considers:
(a) to be potentially defamatory, offensive or inappropriate (or encourages offensive or inappropriate content to be posted);or
(b) to infringe any intellectual property rights or other rights of any person, corporation, entity; or
(c) is otherwise contrary to the law,
will not be accepted as eligible entries into this promotion.
This includes, but is not limited to, any entry which if published or broadcast may adversely affect the Promoter’s business interests, good will, reputation or image, or is otherwise not in keeping with the spirit of the promotion. The promoter may, in its sole and absolute discretion, reject, disqualify and/or remove any entry without any notice to the entrant for any reason whatsoever.

10. All entries submitted and any intellectual property rights subsisting in the entries become the property of the Promoter.Entries will not be returned to any Entrant. As a condition of entering into this Promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason (including but not limited to future promotions, marketing or publicity purposes) without any further reference,payment or other compensation to the entrant.

11. Each entrant unconditionally, perpetually and irrevocably waives any moral rights (as defined in the Copyright Act 1968 (Cth)that they have in any content or other intellectual property created as a result of this promotion. For the purposes of clauses 8 to 11 (inclusive)“intellectual property rights” means all present and future intellectual and industrial property rights throughout the world, including (but not limited to)all rights in respect of copyright in all literary works, artistic works, another works or subject matter in which copyright subsists and may in the future subsist.

12. Each entry must be an original comment or photo(method defined in the entry mechanic table in clause 4) and in a format described in clause 4.

13. 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
14. The Promoter will, in its sole and absolute discretion, select one (1) major prize winner for each of the promotional periods listed in clause 4 (note that for Entry period 4 there will be 5 winners, and for entry period 6 there will be 2 winners). This will be based on the most creative / interesting photo, comment or video entry. The most creative valid entry as determined by the judges nominated by the Promoter will be deemed as the winner (s). The judging will take place during the times shown in the table in clause 4 according to each individual promotional period. All judging for all promotional periods will take place at 2 Southbank Blvd, Southbank VIC 3006. This is a game of skill, and chance plays no part in determining the winner. The Promoter’s decision is final and no correspondence will be entered into.

15. The (1) major prize winner of each promotional prize period (5 winners for entry period 4 and 2 winners for entry period 6) announced according to the times and dates listed in the table in clause 4. These will be announced via a Post or Comment on the Heinz Facebook page (www.facebook.com/HeinzAustralia).
The winning entrants will also be individually notified via a comment reply via Facebook under their winning photo (where applicable)
The winners will be required to contact Heinz via direct message (Facebook) within 7 calendar days of being announced, and must provide Heinz with the following details:
• Full name
• Full address
• Email address
• A contact phone number
• Proof of Age if requested by Promoter (example photocopy of proof of age card, driver’s license, passport, etc...)

PRIZES
16. As per the table in clause 4, each promotional period each has a different individual prize. More details about each individual prize and value:



17.  Each prize will be delivered to the winners within Within 28 days of the winner being notified. All prizes will be couriered / freighted to the winners with tracking. Costs associated with delivery of the prizes will be paid by the Promoter. Any other ancillary costs associated with redeeming the prize are not included. 

18. The prize (and ALL its components) are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST (where applicable).

19. If the prize (or any component thereof) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

 
GENERAL
20. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter during the Promotional Period, or delays in the delivery of any entry due to technical disruptions, network congestion or for any other reason.

21. If for any reason a winner does not redeem the prize by direct messaging on Facebook, with their full name, address and proof of age details within 7 calendar days of the winner being announced,then the winner will be deemed to have forfeited the prize. In this scenario the Promoter reserves the right to select an alternate winner in respect of that Promotional Period. If necessary, an alternate winner will be selected 7 calendar days after the Winner announcement date specified in the table in clause 4. If an alternate winner is selected, the alternate winner will recontacted online within five (5) days of being selected.

22. The entrant consents 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 competition  (including the outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter or its related companies.

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 power failure, 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 this promotion, as appropriate.

24. Any cost associated with accessing any promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

25. All personal information submitted by an entrant for the purpose of this Promotion shall be dealt with in accordance with the Privacy Statement of the Promoter. The Promoter’s privacy policy can be viewed at http://heinz.com.au/privacy. Entry is conditional on providing this information. The Promoter may, for a reasonable period following the Promotion,use the entrant’s personal information for the purposes of the promotion and delivery of prizes(including sending electronic messages or telephoning the entrant).You can gain access to your personal information by writing to the Privacy Officer, HJ Heinz Co Australia Ltd, 2 Southbank Blvd Southbank Victoria 3006.
 
26. The winners of the Promotion agree to participate in any news and/or media activities surrounding the Promotion (suchas photographic shoots and interviews) for a reasonable period following the Promotion and without any remuneration.

27. Each prize must be taken as offered. The Promoter is not liable for any damage, defect, deficiency, technical malfunctions or any other defect whatsoever associated with the prizes, and will take no responsibility if a prize is damaged, delayed or lost in transit.

28. The Promoter makes no representations or warranties as to the quality, suitability or merchant ability of any goods or services offered as a prize.

29. By entering into this Promotion and therefore accepting these Terms and Conditions, the winner releases the Promoter, its affiliates, its directors, officers, employees and agents, from any and all causes of action, losses, liability, damage, expense (including legal expenses)cost or charge suffered, sustained or in any way incurred by the winner as a result of any loss or damage to any physical property of the winner, or any injury to or death of any person arising out of, or related to, or in any way connected with the Promoter or the prizes.

30. As a condition of accepting a prize, at the sole discretion of the Promoter, the winner may be required to sign a legal release and indemnity form releasing the Promoter from any liability incurred by the winner as a result of their participation in the Promotion.

31. 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 2010(Cth), as well as any other implied warranties under any similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable-Guarantees’).

32. 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, the following: (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/taking of a prize.

33. 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 Victoria, Australia.
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