Win up to $100,000

SCHEDULE
Promotion: Twisties Museum Promotion
Permit number(s): Authorised under NSW Permit No. LTPS/18/28465, ACT Permit No. TP 18/01891, SA Licence No. T18/1746.
Website: twistiesmuseum.com.au
Promoter: The Smith’s Snackfood Company Pty Limited (ABN 31 057 976 940), Level 4, 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789
Entry Restrictions: Entry to the Promotion is open to Australian residents currently living in Australia, aged 18 years and over who fulfil the entry requirements.
Directors, management, employees, officers and contractors of the Promoter or of the agencies or companies associated with this Promotion, as well as their immediate family members, are not eligible to enter.
Voting Restrictions: Voting in the Promotion is open to Australian residents currently living in Australia, aged 18 years and over who fulfil the voting requirements.
Directors, management, employees, officers and contractors of the Promoter or of the agencies or companies associated with this Promotion, as well as their immediate family members, are not eligible to vote.
Promotion Period: Starts at 12:01am AEST on 24/10/18. Ends at 11:59pm AEDT on 18/12/18.
Entry Periods: Entries will be eligible to win a Weekly Prize in the Entry Period in which they are received by the Promoter, as follows:
Entry Period
Start Date & Time (AEDT/AEST)
Close Date & Time (AEDT/AEST)
Highest Number of Votes Weekly Winner Announced
Online
Number of Winners
Per Week
1
24/10/18 – 12.01am (AEDT)
30/10/18 – 11.59pm (AEDT)
31/10/18 – 11.00am (AEDT)
1 x Weekly Winner
2
31/10/18 – 12.00am (AEDT)
06/11/18 – 11.59pm (AEDT)
07/11/18 – 11.00am (AEDT)
1 x Weekly Winner
3
07/11/18 – 12.00am (AEDT)
13/11/18 – 11.59pm (AEDT)
14/11/18 – 11.00am (AEDT)
1 x Weekly Winner
4
14/11/18 – 12.00am (AEDT)
20/11/18 – 11.59pm (AEDT)
21/11/18 – 11.00am (AEDT)
1 x Weekly Winner
5
21/11/18 – 12.00am (AEDT)
27/11/18 –11.59pm (AEDT)
28/11/18 – 11.00am (AEDT)
1 x Weekly Winner
6
28/11/18 – 12.00am (AEDT)
04/12/18 –11.59pm (AEDT)
05/12/18 – 11.00am (AEDT)
1 x Weekly Winner
7
05/12/18 – 12.00am (AEDT)
11/12/18 – 11.59pm (AEDT)
12/11/18 – 11.00am (AEDT)
1 x Weekly Winner
8
12/12/18 – 12.00am (AEDT)
18/12/18 – 11.59pm (AEDT)
19/12/18 – 11.00am (AEDT)
1 x Weekly Winner
Entry Mechanic: To enter, the entrant must complete the following steps during the Promotion Period:
purchase a packet of Twisties (Chicken or Cheese – any size variant) from any retailer within Australia;
open and search their packet of Twisties for a single chip that they think resembles anything iconic, recognizable or creative (other than third party brands or intellectual property) and take a photo of it (“Photo”);
visit the Website and register an account as prompted by entering their first name, last name, email address, date of birth, postcode, mobile phone number and enter a password, or register via the Facebook-login option accepting permissions as prompted;
login to the Website;
upload their Photo and caption to describe the image and what they think it looks like or resembles on the entry form section of the Website as prompted (25 words or less). Entrants must not refer to any copyrighted slogans, trade marks, third party brands or intellectual property in their entry.
All entries will be pre-moderated, prior to accepting a submission (including to ensure that offensive content or entries that reference third party intellectual property are screened). Once the submission is reviewed, entrants will receive an approval email – with the opportunity to share the entry via Facebook or if denied, an email with why the entry is not accepted. Accepted entries will be displayed on the Website, where consumers can vote on their favourites.
Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own name.
Persons who register for the Website via Facebook must use their own Facebook account.
Entrants cannot edit/delete entries/uploads once submitted.
Maximum Number of Entries: Multiple entries permitted per person. However, each entry submitted must contain a different Photo and caption (duplicates will be invalidated).
Voting Mechanic: To vote, the voter must during the Promotional Period visit the Website, follow the prompts to the gallery of entries and select the vote button next to the entry they choose to submit a vote. Voters may vote for any entries received during the Entry Period in which they are voting. Votes received for entries outside of the current Entry Period will be null and void.
Maximum Number of Votes: Limit of one (1) vote permitted per person, per device each day.
Weekly Prize Winner Determination: There will be one (1) winner for each Entry Period. Only entries submitted during a particular Entry Period will be eligible to win the Weekly Prize for that Entry Period. The entry that receives the highest number of valid votes for each Entry Period will be deemed a weekly winner (“Weekly Winner”) and will win a Weekly Prize of AUD$500 cash. Weekly Winners will also have their entry displayed in the winners' gallery on the Website. Entries will only be eligible to win the Weekly Prize in the Entry Period in which they are received by the Promoter. They will not roll over and be considered in determining the winner for any subsequent Entry Period.
Tie-Break Mechanic: If two (2) or more entries receive the equal highest number of votes for an Entry Period, the Promoter will judge those tied entries to determine the winner. Each tied entry will be judged on the basis of the individual creative merit of the entry. The most creative entry (of the tied entries) as determined by the Promoter will be deemed the Weekly Winner and will receive the Weekly Prize for that Entry Period.
Major Prize Draw: The Major Prize Draw will take place at 12:00 noon AEDT on 20/12/18, at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. All valid entries received during the Promotion Period will be entered into the Major Prize Draw. The first valid entry drawn from all eligible entries received during the Promotion Period in the Major Prize Draw (“Major Prize Winner”) will win the opportunity to participate in the Game Event for the chance to win up to $100,000. Details of the Game Event are specified below. An independent person will scrutinise the Major Prize Draw.
Game Event: The Game Event will take place on 15/01/19 at 12 noon (AEDST) at 799 Pacific Hwy, Chatswood, NSW 2067, in accordance with the Game Mechanic, and will be scrutinized by an independent person. Travel (and associated costs) to and from the Game Event location is the Major Prize Winner's responsibility and is not included as part of the Major Prize.
If the Major Prize Winner is unable to attend the Game Event in person, the Major Prize Winner may participate in the Game Event via telephone. If the Promoter has not been able to contact the Major Prize Winner before the start of the Game, a representative of the Promoter will play the Game on the Major Prize Winner’s behalf. The independent person scrutinizing the Game Event will verify that such representative is not privy as to which envelopes contain winning symbols.
Game Mechanic: There will be twenty-five (25) sealed envelopes, each numbered from one (1) through to twenty-five (25). Two (2) envelopes will contain winning symbols and the remaining twenty-three (23) envelopes will contain non-winning symbols. The Major Prize Winner or their nominated proxy who attends the Game on their behalf (“Participant”) will be required to select two (2) envelopes. A representative of the Promoter will then open the two (2) selected envelopes. If there is any dispute as to the envelopes selected by the Participant, the Promoter’s decision in this regard will be final. If the Participant is found to have breached any conditions for playing the Game Event or participating in this Promotion, he/she (and the person he/she if playing on behalf of) may be disqualified by the Promoter.
2/2 winning symbols from 25 envelopes ($100,000 Prize):If the Participant selects the two (2) envelopes containing the winning symbols, then the Major Prize Winner will win $100,000, subject to verification.
1 /2 winning symbols from 25 envelopes ($10,000): If the Participant selects one (1) envelope containing a winning symbol and one (1) envelope containing a non-winning symbol, then the Major Prize Winner will win $10,000, subject to verification.
0 /2 winning symbols from 25 envelopes ($1,000): If the Participant selects two (2) envelopes, each containing non-winning symbols, then subject to verification, the Major Prize Winner will win $1,000.
Prizes: The prizes available to be won in this Promotion and the prize values are indicated below.
Prize
Number of Prizes Awarded
Prize Details
Prize Value
Weekly Prize
8 (1 per Entry Period)
$500
$500
Major Prize
1
Either $100,000; or $10,000 or $1,000 (depending on results of the Game Event)
Up to $100,000
Limit of one (1) Weekly Prize per person (except for SA residents). In the event that an entrant wins more than one Weekly Prize (except for SA residents), the first prize won will be awarded and the remaining prizes will be redrawn.
Total Number of Prizes: 9 (8 x Weekly Prize(s) and 1 x Major Prize)
Total Prize Pool: Minimum of $5,000, up to total possible of $104,000, depending on the outcome of the Game Event.
Notification of Winner(s): The Weekly Winners will be notified via email and phone within two (2) business days after the end of the applicable Entry Period. The Major Prize Winner will be notified via email and phone within two (2) days of the Major Prize Draw. Winners will be asked to provide the details of an Australian bank account in their name for transfer of the prize (Selected Account) within 5 business days of being notified that they are a winner.
Each winner’s name and State or Territory of residence will be published on the Website and in Winner Gallery on the Website on the applicable date outlined below:
Winner
Publication Date
Week 1 Winner
31/10/18
Week 2 Winner
07/11/18
Week 3 Winner
14/11/18
Week 4 Winner
21/11/18
Week 5 Winner
28/11/18
Week 6 Winner
05/12/18
Week 7 Winner
12/12/18
Week 8 Winner
19/12/18
Major Prize Winner
20/12/18
Prize Delivery: Cash prizes will be provided to winners by EFT to the Selected Account, within 15 business days of providing details of their Selected Account.
Unclaimed Prize Allocation: If a winning entry from the Major Prize Draw is deemed invalid, or remains unclaimed within three (3) months of the Major Prize Draw, the relevant winner’s entry will be deemed invalid and the Promoter will conduct such further draws at 12:00pm AEDT on 11/04/19 at the same location as the original draw as necessary to distribute the Major Prize, subject to any written directions given by any relevant authority. For the sake of clarity, the final prize determined in the original Game will be awarded in the unclaimed prize draw and another Game will not be re-held again for any winner from the unclaimed prize draw. Any winner in this draw will be notified in writing and will have their name and State or Territory of residence on the Website on 11/04/19.
In the event of a Weekly Prize remaining unclaimed for three (3) months, the Promoter award that Weekly Prize to the entry that obtained the second highest number of valid votes for the relevant Entry Period, or conduct such further judging as required to award the prize.
TERMS OF ENTRY
These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
Entry/Voting
By participating in the Promotion, entrants and voters accept these Terms of Entry.
Entry is open only to entrants who comply with the Entry Restrictions. Voting is only open to voters who comply with the Voting Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic. To vote in the Promotion, voters must follow the Voting Mechanic.
Entrants may submit up to the Maximum Number of Entries. Voters may submit up to the Maximum Number of Votes. Entries/votes must be received by the Promoter during the Promotion Period.
The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries/votes, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
Any form of automated entry/vote using any device or software is prohibited and will render an entry/vote invalid.
Winner Determination
The Weekly Prizes will be awarded in accordance with the Weekly Prize Winner Determination mechanic.
The Major Prize will be awarded to the drawn winner in accordance with the Major Prize Draw. The judges' decision is final and no correspondence will be entered into.
Each entrant represents, warrants and agrees that: (i) the entrant has created the entry themselves; (ii) the entrant will not submit material in their entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, contains nudity, violent, abusive, aggressive, harassing, hateful, racially, religiously or ethnically offensive content, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law or that the Promoter deems unsuitable for publication; (v) the entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
Entries that are found to have been derived from third party work, or to contain third party intellectual property will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter also has the right not to publish any entry (or remove any entry, if already published), which infringes clauses 10 or 11. The Promoter’s legal rights to recover damages and other compensation are reserved. Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry.
By entering, entrants grant to the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to display, use, distribute, reproduce, modify, edit, adapt, publish, commercialise, translate, publish, broadcast 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 further consultation, payment or other 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.
By entering this Promotion each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be deemed invalid and not eligible to win a prize.
If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
Prize(s)
The winner(s) will be notified in accordance with the Notification of Winner(s).
The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
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) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter may require the winner(s) to verify their entry and provide proof of purchase (if applicable), identity, age and/or residence at the nominated delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process, the voting process or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
No Prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the Prize value specified for that Prize in the Schedule).
General
The Promoter reserves the right, at any time, to verify the validity of entries, votes, voters and entrants (including an entrant’s/voter’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.
The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that entrant/voter invalid.
The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant/voter (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
Nothing in these terms and conditions 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).
The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
The information entrants/voters provide will be used by the Promoter for the purpose of conducting this Promotion. By entering/submitting a vote in this Promotion, entrants/voters 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 entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’/voters’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants/voters and to Australian regulatory authorities. Entrants/voters can read the Promoter’s Privacy Policy at https://www.smiths.com.au/assets/PepsiCo-Australian-Privacy-and-Credit-Reporting-Policy-December-2014-72bf6e0725d535527672d7a6b67309aa7feda4a4207e8e87864491f249e29f9c.pdf. The Privacy policy contains details of how entrants/voters may complain about a breach of the Australian Privacy Principles and how those complaints will be dealt with. Entrants/voters can request access, updates and corrections to their personal information or opt-out by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789. Personal information collected from entrants/voters may be disclosed overseas, see the Promoter’s privacy policy for a list of countries where personal information may be disclosed.
Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.
Each entrant/voter is providing their information to the Promoter and not to Facebook. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant/voter completely releases Facebook from any and all liability in relation to this Promotion.