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“SHAPES SOUNDZ ON PACK” PROMOTION
TERMS AND CONDITIONS



1.
By participating in the “Shapes Soundz On Pack” promotion (the “Promotion”) the claimant is deemed to have accepted and agreed to be bound by the following terms and conditions (“Terms and Conditions”).
2.
The Promotion is being run on behalf of Arnott’s Biscuits Limited (ABN 44 008 435 729) of 24 George Street, North Strathfield, NSW 2137, telephone +612 8767 7000 (the “Promoter”).
3.
All entry instructions and prize pool information publicised by the Promoter form part of these Terms and Conditions.
4.
The Promotion is not valid in conjunction with any other promotion or offer.
5.
The Promotion is only open to Australian and New Zealand residents.
6.
Claimants under 18 years old must have parental/guardian approval to participate in the Promotion and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this Promotion.
7.
Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with the Promotion are ineligible to claim. 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.
8.
The Promotion commences at 12.00am Australian Eastern Standard Time (“AEST”) on 01/09/2013 and ends at 11:59pm AEST on 30/09/2014 (“Promotional Period”).
9.
To make a valid claim under the Promotion, individual claimants must complete the following steps during the Promotional Period:
a)
purchase any specially-marked Arnott’s Shapes Soundz product. Each specially-marked Arnott’s Shapes Soundz product will contain a unique code inside the packaging (“Unique Code”); and then
b)
visit www.bandit.fm/shapessoundz, follow the prompts to the Promotion claim page, input the requested details (including their full name, residential address, a valid email address, and the Unique Code) and submit the fully completed claim form.
10.
Incomplete or indecipherable claims will be deemed invalid.
11.
Multiple claims will be permitted, subject to the following: (a) only one (1) claim is permitted per Unique Code; (b) each claim must be submitted separately and in accordance with these Terms and Conditions; (c) the same Unique Code cannot be used more than once; (d) unrecognised Unique Codes shall be deemed invalid; and (e) a maximum of ten (10) claims per household per month is permitted.
12.
The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and to disqualify any claimant who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. Errors and omissions will 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.
13.
If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
14.
Successful claimants will be notified instantly on screen at the time of submitting their claim.
15.
The Promoter’s decision is final and no correspondence will be entered into.
16.
Every valid claim received within the Promotional Period will be awarded one (1) Sony-owned song download from bandit.fm Digital Music Store, of a value up to AU$2.20 (this value is correct at the time of printing these Terms and Conditions but the Promoter accepts no responsibility for any variation in this value). Claimants will be able to select and download a song from the bandit.fm Digital Music Store online music database by following the instructions provided at the time of claim.
17.
Only Sony-owned sound recordings will be available via the Digital Music Store in connection with the On-Pack Promotion. Content from third party recording companies will not be available from the Digital Music Store.
18.
The reward is subject to the standard terms and conditions of the individual reward and service providers.
19.
If for any reason a claimant does not take/redeem a reward by the time stipulated by the Promoter, then the reward will be forfeited.
20.
If any reward is unavailable, the Promoter, in its discretion, reserves the right to substitute the reward with a reward to the equal value and/or specification.
21.
Rewards are not transferable or exchangeable and cannot be taken as cash.
22.
Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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.
23.
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, acts of God or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
24.
All of the Promoter’s decisions are final and no correspondence will be entered into.
25.
Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.
26.
The use of any automated software or any other mechanical or electronic means that allows a claimant to automatically claim repeatedly is prohibited and will render all claims submitted by that claimant invalid.
27.
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 Promotion and Consumer Act in Australia, or the Consumer Guarantees Act in New Zealand, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or in New Zealand. To the full extent permitted by law, the Promoter (including its respective officers, employees and agents) exclude 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 Competition.
28.
For the avoidance of doubt, to the full extent permitted by law, 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 claim 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; (d) any variation in reward value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) taking and/or use of a reward.
29.
Claimants’ personal information will be collected by or on behalf of the Promoter in order to conduct the Promotion and the Promoter may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, reward suppliers. Each claim is conditional on providing this information. By participating in the Promotion, the claimant agrees that the Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages to the claimant or telephoning the claimant. Claimants should direct any request to access, opt-out, update or correct information to the Promoter at Arnott’s Biscuits Limited, 24 George Street, North Strathfield, NSW 2137 or on telephone +612 8767 7000. All claims shall become the property of the Promoter.
30.
The laws of Australia apply to this Promotion to the exclusion of any other law in respect of Australian residents. The laws of New Zealand apply to this Promotion to the exclusion of any other law in respect of New Zealand residents. Claimants submit to the exclusive jurisdiction of their applicable local courts.
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