“Sunbites $200,000 Good Fuel Fund” CAMPAIGN

TERMS AND CONDITIONS


  1. Information on how to participate in the campaign forms part of these Terms and Conditions. Participation in this campaign is deemed acceptance of these Terms and Conditions.
  2. Nominations may only be submitted by Australian residents aged 18 years or over. Individuals may only nominate individuals who work or volunteer with an entity that meets one of the following criteria:
    1. A charity registered by the Australian Charities and Not‑for‑profits Commission (ACNC);
    2. A not-for-profit organisation registered with the Australian Government; or
    3. A Community Service Organisation which promotes, provides or carries out activities, facilities or projects for the benefit or welfare of the community or any members who have a particular need by reason of youth, age, infirmity or disablement, poverty or social or economic circumstances;
    4. AND the entity meets BOTH of the following requirements:

    5. The entity is considered a ‘small registered entity’ or ‘medium registered entity’ or ‘large registered entity’, as defined under section 205‑25 of the Australian Charities and Not‑for‑profits Commission Act 2012, and the entity is not a part of, or in any way affiliated with a federal or state government entity. and
    6. The entity has an ‘authority to fundraise’ as identified by a Charitable Fundraising Licence as acknowledged by the State in which they are registered in.
  3. Nominations open on 01/04/22 and close at 11:59pm AEDT on 31/10/22 (“Nomination Period”).
  4. To submit a nomination, individuals must complete the following steps during the Nomination Period:
    1. Visit www.sunbites.com.au/goodfuelfund or scan the on-pack QR code and follow the steps to the nomination submission page;
    2. Enter contact details for the nominator (Name, email, mobile phone), and the nominated individual (Name, email, mobile phone), and their charitable entity (Charity name, ABN and website);
    3. Provide an answer (in 150 words or less) to the question, “Why does your local hero deserve funding for their charitable organisation?” and
    4. Submit the fully completed online nomination form.
    In order to submit a nomination, nominators warrant that they have consent from their nominated individual to: (i) nominate them as part of the campaign, ensuring that the nominated individual understands and accepts these Terms and Conditions; and (ii) to provide their personal information
  5. The Promoter reserves the right, at any time, to verify the validity of nominators, nominated individuals and/or charitable entities (including, as applicable, their identity, age, place of residence and entity status) 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 nomination process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the campaign. 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.
  6. Incomplete or indecipherable nominations will be deemed invalid.
  7. Multiple entries permitted. A limit of one (1) donation per charitable entity applies.
  8. If there is a dispute as to the identity of a nominator or nominated individual, the Promoter reserves the right, in its sole discretion, to determine the identity of the nominator or nominated individual.
  9. Donations will be made to charitable entities by the Promoter’s representatives as follows:

    Pre-Selected Winners:
    1. On the 15th day of each month from April 2022 to May 2022 (inclusive), two (2) charitable entities will be pre-selected by the Promoter (Pre-Selected Winners), in the Promoter’s absolute discretion based on the charity’s function and standing in the community to receive a donation of $25,000.00 (“Donation”).
    2. The Donation will be deposited by the Promotor’s representatives via electronic funds transfer (EFT) into an Australian bank account in the charitable entity’s name within 30 days of the nominated individual’s written agreement to a talent supply agreement that will be provided by the Promotor.
    3. Pre-Selected Winners will be notified via email and/ or phone
    4. Donations are subject to verification by the Promoter of the charitable entity’s validity and agreement to receive the Donation under these Terms and Conditions, as determined by the Promoter in their sole and absolute discretion.
    Nominated Winners
    1. From June 2022 to November 2022, the Promoter will maintain a shortlist of nominated individuals and charitable entities based on nominations submitted during the Nomination Period.
    2. On the 15th day of each month from June 2022 to November 2022 (inclusive), the Promoter will select one (1) charitable entity from the shortlist based on the merits of the nomination (“Nominated Winner”).
    3. The Nominated Winner will receive a $25,000.00 Donation to be deposited by the Promotor’s representatives via electronic funds transfer (EFT) into an Australian bank account in the charitable entity’s name within 30 days of the nominated individual’s written agreement to a talent supply agreement that will be provided by the Promotor.
    4. Nominated Winners will be notified via their nominated individual using the nominated individual’s email and/ or phone provided on the nomination submission page by the 17th day of each month.
    5. Donations are subject to verification by the Promoter of the charitable entity’s validity and agreement, to receive the Donation under these Terms and Conditions, as determined by the Promoter in their sole and absolute discretion.
    There are a total of two (2) Pre-Selected Winners and six (6) Nominated Winners during the Promotion. The total value of Donations for the Promotion is $200,000.00.
  10. Nominated individuals who accept the Donation on their charitable entity’s behalf understand that they will be committing promotional and marketing activities promoting the nominated individual and charitable entity as a result to increase awareness of their charity work, and warrant that they have the consent of their charitable entity to commit to these promotional and marketing activities. Details will be provided by the Promoter prior to accepting the Donation.
  11. If an invalid nomination is submitted or a nominator, nominated individual or charitable entity is ineligible, the Promoter will make the Donation to another valid, eligible charitable entity on the shortlist. The reselected Nominated Winners will be notified by email and or phone by the 25th day of each month.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. Nominators agree that they are fully responsible for any materials they submit via the campaign including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Nominators warrant and agree that:
    1. 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 18, or otherwise unsuitable for publication;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original literary work of the nominator that does not infringe the rights of any third party;
    5. 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
    6. 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 nominator agrees to indemnify the Promoter for any breach of the above terms.
  14. As a condition of submitting a nomination into this campaign, each nominator 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 nomination (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.
  15. Nominators and nominated individuals (on behalf of their charitable entity), 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 campaign, and promoting any products manufactured, distributed and/or supplied by the Promoter.
  16. If this campaign 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 nominator and/or nominated individual ; or (b) to modify, suspend, terminate or cancel the campaign, as appropriate.
  17. 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 campaign.
  18. 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 nomination 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.
  19. As a condition of accepting a Donation, a representative on behalf of a nominated charity may be required to sign any legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.
  20. The information provided by nominators will be used by the Promoter for the purpose of conducting this campaign. By participating in this campaign, nominators and nominated individuals consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the individual has opted in) contacting individuals via electronic messaging. The Promoter may disclose an individual’s personal information to its contractors and agents to assist in conducting this campaign or communicating with nominators, nominated individuals or charitable entities. Individuals can read the Promoter’s Privacy Policy at http://www.pepsico.com.au/privacy/. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By participating in the campaign, nominators and nominated individuals, consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
  21. The Promoter is Sunbites a brand of The Smith’s Snackfood Company Pty Ltd (ABN 31 057 976 940), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.

Copyright © 2021 The Smith's Snackfood Company Pty Ltd. ® Trademarks of PepsiCo Group, used under licence in Australia and New Zealand.
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