- The Promoter collects your personal information (including name, phone number, and email address) when you enter this promotion for the purposes of administering the promotion. If we do not collect your personal information you will not be able to enter this promotion or claim your prize. We may disclose this information to third parties such as local lottery authorities and service providers assisting us with administering this promotion, for the purpose of conducting this promotion, including prize notification and fulfilment.
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- Entry is open to Australian residents. Entrants must be 18 years or older.
- 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.
- 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.
- This Game of Skill promotion commences on 24/01/2024 at 5pm AEDT and ends at 11.59pm AEDT on 29/02/2024 (“Promotional Period”).
- To enter, participants must complete the following steps during the Promotional Period:
- Follow @fourntwenty on Instagram (“Instagram Account”);
- Take a photo of themselves with at least one (1) Four’N Twenty product during a memorable summer moment; and
- Post the image to Instagram as a post or and tag the Instagram Account. Entrants must ensure that their personal Instagram accounts are public for the Promoter to view their entries.
- Incomplete or indecipherable entries will be deemed invalid
- Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per post/story; (b) each entry must be substantially unique; (c) each entry must be submitted separately and in accordance with entry requirements; and (d) entrants can only enter once per week.
Winner Determination & Prizes
- The judging will take place at TBWA Melbourne, 288 Coventry St, South Melbourne, 3205, on 01/03/2024 at 9am AEDT. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winners will be notified on Instagram and will be announced on the Instagram Account. Each winner's entry will be posted to @fourntwenty Instagram and Facebook profiles. All competition entries may be reshared to @fourntwenty’s Instagram and Facebook profiles.
- As this is a Game of Skill, chance plays no part in determination of winners. Each entry will be individually judged based on literary and creative merit of the post/story, and on the number of Four’N’Twenty products pictured, how the products are used in the post/story, the supporting caption, and the creativity of the overall photo in creating a “memorable summer moment”.
- The best valid entry, as determined by the judges, will win the “Grand Prize” of one (1) Coles Voucher valued at $1,000, and one (1) of the following:
- 1 x Four’N Twenty Bucket Hats
- 1 x Four’N Twenty Socks
- 1 x Four’N Twenty Cooler Bag
- 1 x Four’N Twenty Foam Footy
- The next best valid six (6) entries, as determined by the judges, will win the following minor prize items depending on the winner’s preference (subject to stock availability). Minor Prizes will include:
- 6 x Four’N Twenty Bucket Hats
- 5 x Four’N Twenty Cooler Bag
- 6 x Four’N Twenty Socks
- 6 x Four’N Twenty Small Foam Footies
- Any ancillary costs associated with redeeming the Coles Voucher are not included. Any unused balance of the Coles Voucher will not be awarded as cash. Redemption of the Coles Voucher is subject to any terms and conditions of the issuer including those specified on the Coles Voucher.
- If for any reason a winner is not contactable or does not accept a prize within one (1) month of being notified, then the prize will be forfeited.
- If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize of equal value and/or specification.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Entrants warrant and agree that:
- 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 15, or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- 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;
- they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
- 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.
- Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
- As a condition of entering this Game of Skill promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
- 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.
- 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.
- 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 (“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.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- 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.
- The Promoter’s decision is final and no correspondence will be entered into.
- This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an 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 to Instagram. Instagram 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 taking/use of a prize), except for any liability which cannot be excluded by law.
- The Promoter is Patties Foods Pty Ltd (ABN 62 007 157 182) of Level 2, 1 Joseph Avenue, Mentone VIC 3194.
Can you please confirm if you will be able to keep a record of entries via stories since they are only up for 24-hours?
Given the absence of a response, I assume the Promoter can keep a record of entries via stories and will be able to judge them on 27/2/24. If not, please let me know.
As per my email, please advise if the values for these prizes are all the same and if people can select their prize. If not, this introduces an element of chance.
If they are different values and people cannot pick their prize, then, to avoid an element of chance, we can draft in the T&Cs a clear breakdown and award the prizes in order of most expensive to least expensive.
E.g. If the bucket hats are the most expensive and the beanies are the least expensive, then the prizes will be awarded as follows:
- the next best 10 entries (after the grand prize winner) will receive the bucket hats,
- the next best 5 entries after that will receive the cooler bags, and
- the next best 10 entries will receive the beanies.
In our view, 3 days is not a reasonable amount of time to claim these kinds of prizes so we have updated it to 1 month.
There are intentionally two similarly worded clauses. This is to better protect the promoter. If, for any reason the first one is struck out by an Australian court, then the second one will remain to exclude the promoter’s liability.