“CHEEZELS 40TH BIRTHDAY” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and 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 14 years or over. Individuals aged under 14
years of age must obtain their parent’s consent to enter. 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, stepgrandparent,
uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st
cousin.
3. 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.
4. Promotion commences at 11:59am on 20/01/11 and closes 14:59am on 01/03/11
(“Promotional Period”). All times specified are based on Sydney local time.
5. Participants are not automatically entered via becoming a "Fan" OR ‘Liking’ of the Cheezels
Facebook page.
6. To be eligible to enter, individuals must, during the Promotional Period visit
www.facebook.com/cheezels and click on the ‘40th Birthday’ tab at the top of the page then
follow the prompts and input the requested details including a message of 50 words or less.
Individuals can also, but are not required to, enter a link to a video of theirs on the YouTube
website or uploaded to Facebook, or a link to a photo or image on Facebook, and must then
submit their fully completed online entry form including a valid email address.
7. Entries submitted with links to videos, photos and images will be reviewed by the Promoter,
and its absolute discretion will be deemed acceptable for the purpose of this promotion, and
may then be posted on the videos tab of Cheezles Facebook page at
www.facebook.com.au/cheezels. The videos may appear during the Promotional Period and
may also appear after this period on these websites.
8. In addition to the YouTube and Facebook Terms of Use and Code of Conduct, Entrants also
agree to the following conditions:
(a) when you submit any materials for the promotion, including videos, (“Content”), you,
unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sublicensees
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. You agree not to
assert any moral rights in relation to such use. You warrant that you have the full authority to
grant these rights.
(b) You agree that you are fully responsible for the Content you submit. You acknowledge that
the Promoter, in its absolute discretion, will determine whether your Content will be posted on
the Promoter’s website and on the Cheezles Facebook page and Facebook wall. Content
may also be used in a Cheezles email newsletter to the Cheezels marketing database.
Notwithstanding the approval of the Content by the Promoter, the terms and warranties as set
out in this Clause 7 will still apply. The Promoter shall not be liable in any way for such
Content to the full extent permitted by law. You agree that at no time do you obtain any
proprietary or intellectual property rights to the Content, which will remain the property of the
Promoter or any applicable third party licensor at all times.
(c) You warrant and agree that:
i) you 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, or otherwise unsuitable for
publication;
ii) you will only submit Content which you have personally created;
iii) your Content shall not contain viruses or cause injury or harm to any person or
entity;
iv) if your Content depicts any person other than you, you have obtained their
consent to submit your content for the purposes of the promotion.
v) you 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, you indemnify the Promoter for any breach of the
above terms of Clause 6 and Clause 7. The Promoter reserves the right to remove any
Content it deems, in its absolute discretion to be in breach of the above warranties.
9. Multiple entries permitted, subject to the following: (a) each message, video or photo entry
must be substantially unique; and (b) each entry must be submitted separately and in
accordance with entry requirements.
10. 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 will 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.
11. Incomplete, indecipherable or inaudible entries may be deemed invalid by the Promoter, in its
absolute discretion.
12. This is a game of skill and chance plays no part in determining the winner(s). Each entry will
be individually judged based on literary and creative merit of the response given. Daily
winners will be determined by the Promoter in absolute discretion based on the submission of
the content. The Promoter’s decision is final and no correspondence will be entered into.
13. There will be forty (40) winners announced in the Daily Prize Draws throughout the
Promotional Period and one (1) Judges Pick Prize awarded. Each winner will be notified by
email within 21 days of a decision being made. Each of these winners may also be
announced on the Cheezels Facebook page within a wall post at
www.facebook.com/cheezels. Entries that do not win or that are not deemed acceptable for
the purpose of this promotion will not be notified. The review of all entries will take place daily
at 11:59am. These reviews will take place at Pusher Sydney, L3, 62 William Street, East
Sydney, NSW 2010. Entries received after 11:59am on the day of judging will be entered into
the next days draw. Entries not judged to be the winner of each daily draw will not be entered
into the next days of judging. The Promoter’s decision is final and no correspondence will be
entered into.
14. Daily Prize Draws and Judging: This is a game of skill and chance plays no part in
determining the winner(s). Each entry will be individually judged based on literary and creative
merit of the response given. Entries judged to be the winner by the Facebook community
page manager on behalf of the Promoter will win 1 x box of Cheezels with a RRP of $1.90.
Postage and handling for postage delivery of the prize within Australia is included. There will
be forty (40) daily prizes awarded. The total Daily Prize Draw pool is valued at a maximum of
AU$76 RRP.
15. Judges Pick Prize and Judging: This is a game of skill and chance plays no part in
determining the winner(s). All entries deemed acceptable for the purpose of this promotion
submitted during the promotional period will be individually judged based on literary and
creative merit of the response given. The entry judged to be the winner by the Facebook
community page manager on behalf of the Promoter will win 48 x boxes of Cheezels with a
RRP of $91.20. Postage and handling for postage delivery of the prize is also included. The
total Judges Pick Prize pool is valued at a maximum of AU$91.20 RRP.
16. If a winner is under the age of 14 years, their prize will be awarded to their nominated parent
or guardian.
17. Prizes are not transferable or exchangeable and cannot be taken as cash.
18. 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, subject to any written directions from
a regulatory authority.
19. Total prize pool value is $64. Prizes, or any unused portion of a prize, are not transferable or
exchangeable and cannot be taken as cash, unless otherwise specified.
20. Should no valid entries be received on any one day during the promotional period that daily
prize will be forfeited.
21. Entrants consent to the Promoter using the entrant's 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 any outcome), and promoting any products manufactured, distributed
and/or supplied by the Promoter.
22. 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, 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.
23. Any cost associated with accessing the 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.
24. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where
arising out of 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 of a prize.
25. 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 access, update or correct
information to the Promoter. All entries become the property of the Promoter.
26. If entrants opted to receive promotional and news updates from Snackbrands Australia, they
may receive these updates via email. Otherwise, all details and data provided will be held in
accordance with the Promoters privacy policy.
27. In the event of war, terrorism, state of emergency or disaster, or should the entry form online
not be accessible due to mechanical or technical failure, due to changes within the Facebook
online platform, or under instruction by the publishers of Facebook, the Promoter reserves the
right to cancel, terminate, modify or suspend the promotion subject to any written directions
from a relevant regulatory authority.
28. Entrants understand that you are providing your information to the Promoter and not to
Facebook. All entries become the property of the Promoter. To view our Privacy Policy,
please visit
http://www.snackbrands.com.au/index.php/site/privacy_policy29. The Promoter is Snackbrands Australia (ABN 38 424 554 643) of 24 Lexington Drive Bella
Vista NSW 2153. Telephone 02 8887 0888
