Freedom Foods – Win a Winter’s Worth of Heritage Mill (prize valued at $636)

Heritage Mill Winter Giveaway Competition Instagram Promotion
Terms and Conditions
1. Information on how to enter and the prize form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Subject to clause 3, entry is only open to Australian residents aged 13 years or older
with a valid Instagram account (Note: in order to activate an Instagram account, you
need to be (a) 18 years or older, or (b) 13 years or older and have your parent’s or
guardian’s consent and have agreed to the Instagram Terms and Conditions of Use),
OR those whose parent or guardian has entered on their behalf. Entrants under 18
years must first obtain the prior consent of their parent or guardian to participate in
this promotion.
3. Employees and immediate families of Freedom Foods Group Operations Pty Limited
(the “Promoter”), its affiliates or related bodies corporate, and associated agencies
are not eligible 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 first cousin.
4. Promotion commences on 06/07/20 at 7:00am AEST and final entries close on
30/07/20 at 4pm AEDT (“Promotional Period”).
5. To be eligible to enter, entrants must:
a. follow the Freedom Foods Instagram account at the handle @freedomfoods;
b. Upload a photo of their food creation using a Heritage Mill product (bonus
points for including the recipe!)
c. upload this image to their Instagram account using both the hashtag,
#heritagemill, and the @freedomfoods handle.
6. Entrants must enter the promotion via Instagram during the Promotional Period.
7. The entrant’s Instagram account must be public and must not be set to private to be
eligible. Uploaded files must be submitted in accordance with Instagram’s
8. The Promoter may upload selected images or photographs, once vetted, to the
Promoter’s website for public viewing in order to promote the promotion (including
any outcome) and/or to promote any products manufactured, distributed and/or
supplied by the Promoter. For clarity, not all images or photographs will be uploaded
to the website and the appearance of an image or photograph has no bearing on the
results of the promotion.
9. 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). 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.
10. The Promoter reserves the right, in its sole discretion, to disqualify any entrant who
the Promoter has reason to believe has breached any of these Terms and Conditions,
provided false information, 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.
11. Incomplete or indecipherable entries will be deemed invalid at the Promoter’s
12. Entrants agree that they are fully responsible for any materials they submit via the
promotion including, but not limited to, their name, social media handle, 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 amend, remove
or decline to publish any Content without notice for any reason whatsoever, and the
Promoter may request the removal of entries from Instagram at any time in its
absolute discretion.
13. Entrants warrant and agree that:
a. 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
13, indecent, inappropriate, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person
or entity;
c. they will obtain prior consent to submit the Content in accordance with these
Terms and Conditions from any person or from the owner(s) of any property,
including intellectual property, that appears in their Content, and if such
person is under the age of 18, the prior consent of their parent or legal
guardian. The entrant will obtain the prior agreement of any other person
featured in the Content (or if such person is under the age of 18, their parent
or legal guardian), including their consent to the Promoter’s Privacy Policy
which is available at
d. they own the copyright and/or intellectual property rights in the Content and
have the rights in the Content to the uses contemplated by these Terms and
Conditions; or 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;
e. to the extent permitted by law, they unconditionally and irrevocably consent
to any use of the Content or act or omission which may otherwise infringe any
intellectual property rights or moral rights in the Content and warrant that
they have the full authority to grant these rights; and
f. 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; and
Instagram’s requirements.
14. Without limiting any other terms herein, the entrant agrees to indemnify the
Promoter for any breach by the entrant of the terms in clauses 12 and 13.
15. As a condition of entering this promotion, each entrant licenses and grants the
Promoter, Freedom Foods Group Limited, and their affiliates, related bodies
corporate, and sub-licensees an unrestricted, royalty-free, perpetual, worldwide,
irrevocable, transferable and divisible right and licence to use, reproduce, modify,
adapt, publish and display their entry (which shall include the Content), or part of
their entry, for any purpose including, but not limited to, future promotional,
marketing or publicity purposes, in any media, without compensation or royalties,
restriction on use, attribution or liability. If requested by the Promoter, the entrant
agrees to sign any further documentation required by the Promoter to give effect to
this arrangement.
16. Entry and continued participation in the promotion is dependent on entrants
following and acting in accordance with the Instagram Terms of Use which can be
viewed at
17. This promotion is in no way sponsored, endorsed or administered by, or associated
with Instagram. It is a condition of participating that each entrant grants a complete
release to Instagram from any claims that they now have or may have in the future
that relate to or are incidental to this promotion. Any questions, comments or
complaints about this promotion must be directed to the Promoter and not to
18. Any cost associated with entering the promotion, or accessing Instagram or any
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.
19. The three most creative and delicious valid entries, as determined by the judges, will
each win 1 x Winters worth of Heritage Mill products (valued at $212.00).
20. The total maximum prize value is RRP A$212 (total prize pool value is RRP A$636.00
including GST). The prize value is correct at the date of printing or uploading. The
Promoter accepts no responsibility for change in prize value between now and the
ultimate date on which the prize is taken.
21. Prize will be delivered by 10/08/20
22. If for any reason a winner does not take delivery of the prize (or an element of the
prize) at the time stipulated by the Promoter, then the prize (or that element of the
prize) will be forfeited.
23. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion,
reserves the right to substitute the prize (or that part of the prize) with a prize to the
equal value and/or specification.
24. The prize, or any unused portion of the prize, is not transferable or exchangeable and
cannot be taken as cash.
25. A winner must be 13 years of age or over at the time of entry into the promotion, or
have their parent or guardian enter on their behalf, and must promptly provide valid
identification to the Promoter, if requested.
26. Entrants consent to the Promoter using their Content, name, social media handle,
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, royalty or compensation for the purpose of promoting this promotion
(including any outcome), and/or promoting any products manufactured, distributed
and/or supplied by the Promoter.
27. The winner agrees they will not sell or otherwise provide their story and/or images
or photographs to any media or other organisation.
28. This is a game of skill, and chance plays no part in determining the winner(s). Each
entry will be individually judged by a panel of judges from the Promoter based on the
criteria of being the most creative entry.
29. There will be three winner(s) selected in total from the eligible pool of entrants. The
judges may select additional reserve entries that they determine to be the next best,
and record them in order, in case of an invalid entry or ineligible entrant.
30. The judging will take place at Freedom Foods Group Limited at 80 Box Road, Taren
Point NSW 2229 at or before 12:00pm on 30/07/20
31. The winner(s) will be notified via Instagram direct message on 30/07/20 at or by
6:00pm. The winner(s) acknowledge(s) that, in order to receive the message from
the Promoter, they must accept the Promoter’s “follow” request.
32. The Promoter’s decision is final and no correspondence will be entered into.
33. The Promoter may in its absolute discretion deem entries invalid subsequently to a
winner being notified or a winner’s name being announced if it is discovered that the
winner did not enter the promotion in accordance with these Terms and Conditions.
34. In the case of the intervention of any outside act, agent or event that prevents or
significantly hinders the Promoter’s ability to proceed with the promotion on the
dates or in the manner described in these Terms and Conditions including, but not
limited to, technical or telecommunications problems (including security or data
breaches), fraud, vandalism, power failures, tempests, natural disasters, acts of God,
civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion
modify, cancel, terminate or suspend the promotion, and/or recommence it from the
start on the same Terms and Conditions.
35. To the extent permitted by law, the Promoter, its affiliates or related bodies
corporate, and/or its associated agencies and companies, will not be liable for any
damages, misadventure, accident, injury, loss (including but not limited to indirect
and consequential loss) or claim that may occur:
a. during the entry process or winner determination process;
b. in the acceptance, participation or use of any element(s) of the prize;
c. as a consequence of late, lost, failed, delayed, inaccurate, incomplete or
misdirected entries or other communications;
d. due to the broadcast of any program relating to the promotion, or the
publication of any material, including any statements made by any compere,
staff member, journalist, other entrants or any other person;
e. arising from, related to, or in connection with any problem or technical
malfunction (including security or data breaches) of any Internet, software or
telecommunications arising from, related to, or in connection with this
promotion; and/or
f. as a result of the conduct of Instagram, including the decision of Instagram to
remove or not remove any photographs, images or content, except for
liability which cannot be excluded by law. In particular, the content, images
thoughts and views expressed on Instagram are only those of the individual
that posted them. They are not representative of the opinions of the
Promoter and/or its affiliates, related bodies corporate, and/or associated
agencies and companies. The Promoter, its affiliates and related bodies
corporate, and/or its associated agencies and companies do not guarantee or
warrant the accuracy, completeness or usefulness of any post or Content.
36. The Promoter, its affiliates and related bodies corporate, and its associated agencies
and companies assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
internet failure, theft or destruction or unauthorized access to or alteration of
entries, and reserves the right to take any action that may be available.
37. 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, as well as any other implied warranties under the
ASIC Act 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) 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 the promotion including, but not limited to:
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, incomplete, damaged or
misdirected (whether or not after their receipt by the Promoter) due to any
reason beyond the Promoter’s reasonable control;
d. any variation in prize value to that stated in these Terms and Conditions;
e. any tax liability incurred by a winner or entrant.
38. Any term of these Terms and Conditions that is wholly or partially void or
unenforceable is severed to the extent that it is void or unenforceable. The validity
or enforceability of the remainder of these Terms and Conditions is not affected.
39. The Promoter is Freedom Foods Group Operations Pty Limited (ABN 99 089 982 392)
of 80 Box Road, Taren Point NSW 2229.
40. Entry details are collected by and remain the property of the Promoter and its
related entities for the purpose of conducting and promoting this promotion,
including for the purpose of identifying and notifying winner(s) and understanding
our audiences. The Promoter will handle your personal information in accordance
with its Privacy Policy which is available at
content/uploads/2017/04/Privacy-Policy.pdf (and which contains information
regarding how you can access your personal information, correct it and/or make a
complaint about our handling of your personal information). By providing your
personal information and entering this promotion, you agree to the terms of our
Privacy Policy. Without limiting the foregoing, the Promoter may disclose the
entrant’s personal information to its related entities, affiliates, business partners and
external service providers for the purpose of processing and conducting the
promotion, for promotional purposes surrounding the promotion, research and
profiling purposes, and for other purposes reasonably related to the entrant’s
relationship with the Promoter. In addition, by entering this promotion, you consent
to the Promoter using your personal information for the purpose of the Promoter, its
affiliates and its related entities sending you information regarding programs,
products and services available through them and/or through their business
partners, and to the Promoter sharing your personal information with its affiliates
and related entities for the purpose of those entities sending you such information
directly. Those entities will handle your personal information in accordance with the
Privacy Policy at
We will always provide you with the ability to opt out of those communications.