Old El Paso - Slam Dunk Campaign Terms & Conditions ("Conditions of Entry")

Schedule

Promotion: Old El Paso - Slam Dunk Campaign

Promoter: General Mills Australia Pty Ltd ABN 71 007 663 041, Level 4, 545 Blackburn Road, Mt Waverley, VIC 3149, Australia. Ph: (03) 9239 8777

Promotional Period: Start date: 8th July 2021 at 12:01 am AEDT

End date: 21st August 2021 at 11:59 pm AEDT

Eligible entrants: Entry is only open to persons 13 years and over. Entrants under the age of 18 must have parent or legal guardian approval to enter.

How to Enter/Donation Details:

Share Talents Instagram Post

To enter, the entrant must complete the following steps during the Promotional Period:

1. visit any of the following Instagram accounts: @k1ngkyrg1os, @ecambage, @joshgreen, @giannis_an34, @tomabo10, @izzy_dagg, @matt_ebden (“Participating Instagram Accounts”); and
2. ‘share’ the Ol El Paso – Slam Dunk promotional post to their own Instagram account, including the hashtag #messfreechallengeand tagging the respective OldElPaso account listed below, depending on which Instagram account they are sharing from (NB: required tags will already be included in the posts published by the abovementioned talents):

For every ‘’share’’ by an entrant of the Ol El Paso – Slam Dunk promotional post from a NZ Talent (featuring the hashtag #messfreechallenge and tag @OldElPasoNZ) to their own Instagram account, in accordance with the above requirements during the Promotional Period, Old El Paso will donate 1 x Old El Paso Meal Kit to Food Bank Canterbury @foodbankchc, up to a maximum of 2,000 meal kits total.

 For every ‘’share’’ by an entrant of the Ol El Paso – Slam Dunk promotional post from an Australian Talent (featuring the hashtag #messfreechallenge and tag @OldElPasoAustralia) to their own Instagram account, in accordance with the above requirements during the Promotional Period, Old El Paso will donate 1 x Old El Paso Meal Kit to Foodbank Australia, up to a maximum of 33,000 meal kits total.

Share Your Own Video Via Instagram

In addition, for every consumer who creates and posts their own ‘Slam Dunk’ video to their Instagram account during the Promotional Period, with the tag #messfreechallenge and @oldelpasoaustralia, the Promoter will donate 1 x additional Old El Paso Meal Kit to Foodbank Australia, up to a maximum of 1,000 additional meal kits.

Entrants must ensure their Instagram account privacy setting is set to public (i.e. not 'private') for the Promoter to count their ‘share’/video post for the purposes of determining the donation amount.

Guaranteed Donations by Old El Paso on Behalf of Talent

Old El Paso Australia @oldelpasoaustralia and Old El Paso New Zealand @oldelpasonz will at minimum donate the following amounts of Old El Paso Meal Kits in the name of each confirmed talent who participates in the campaign by sharing their own Ol El Paso – Slam Dunk promotional post to their Instagram account during the Promotional Period:

Meal Kit donations below are going to Food Bank Australia @foodbankaus

• @giannis_an34   - 50,000 Kits
• @k1ngkyrg1os – 25,000 Kits
• @ecambage – 10,000 Kits
• @joshgreen – 5,000 Kits
• @matt_ebden – 2,500 Kits

Meal kit donations below are going to Food Bank Canterbury @foodbankchc

• @tomabo10 – 7,000 Kits
• @izzy_dagg – 7,000 Kits

The Promoter will donate the Meal Kits to Foodbank for a duration up to 6 months after the campaign has ended from 21^st August 2021 to 21^st of February 2022.

Entries permitted:

Only the first ‘share’ of an Ol El Paso – Slam Dunk promotional post video by each person/Instagram account will be taken into account when determining the donation amount. In addition, only the consumer’s first post of their own created video in accordance with the entry requirement will count towards an ‘additional’ Meal Kits awarded by the Promoter. For the sake of clarify, any subsequent ‘shares’/further videos posted by the same person/Instagram account will not be taken into consideration in determining donation amounts.

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1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that participating in this Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Participation in the Promotion is dependent on the entrant following and acting in accordance with the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram. The entrant releases Instagram and its associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
5. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.generalmills.com/company/privacy-policies/privacy-policy-AU. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, and service providers to assist in conducting this Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
6. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
7. If the Old El Paso Meal Kit is no longer available for any reason or unavailable to be obtained in the numbers required for the donation, the Promoter has the right to donate a different product from the Promoter’s range in lieu.
8. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries.
9. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that an entrant cannot provide suitable proof as required by the Promoter to validate their entry, the Promoter may invalidate their entry. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not considered in determining donation quantities. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render such entries submitted by that individual invalid.
10. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) 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 further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
11. The Promoter reserves the right to disqualify entries or entrants in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
12. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
13. The entrant may be required to participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
14. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.