Hubbard’s Amazing Competition

Promoter Details

The Promoter is Hubbard Foods Limited (Hubbard) located at Level 6, Suite 602, 806 Anzac Parade, Maroubra, NSW 2035 (Promoter).  The Promoter’s website is https://hubbards.co.nz/imagine-your-most-amazing-breakfast-win/ (Website). 

Promotional Period

The Promotional Period starts at 12:01am on 30th April 2021 and closes at 11:59pm on 30 June 2021 (Promotional Period). 

Who can enter

Entry is only open to Australian residents aged 18 and over.  Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this competition and their immediate families are ineligible 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 1st cousin.

How to enter

To enter, individuals must:

• Go to the Website;
• Create their own special muesli flavour using any edible food ingredients; 
• Complete the online entry form including their name, address, email and mobile phone number and any other required details; and
• Consent to receiving marketing materials from Hubbard’s via email.

Maximum Entries

There is a limit of one (1) entry per person.

Judging Criteria

The Promotion is a game of skill and chance plays no part in determining the winner. Each valid entry received during the Promotional Period will be individually judged by the Promoter based on:

• the originality and creative merit of the entry provided; and
• the flavour mix taste, including how different the flavour mix is to other cereal products on the market and how palatable the taste is.   

The judges’ decision is final, and absolutely no correspondence will be entered into.

Judging of entries will be completed at the offices of the Promoter on 30 June 2021. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

Prize Winner Notification 

The winner will be notified within 48 hours of judging being finalised via the contact details provided in the online entry form and to arrange delivery of their prize. The name of the prize winner will be announced via the Hubbards Facebook page and Hubbards Instagram within 48 hours of the winner being notified.

The prize must be claimed by the winner within 14 days of the Promoter announcing the competition results. In the event that a winner fails to claim their prize by responding to the Promoter’s email or message and providing a valid address for delivery in Australia, the prize will be forfeited and the Prize Winner who submitted the entry judged to be the next best will be offered the prize.

Prize Details and Value of Prize Pool

There is one prize to be won.  This consists of one years worth of supply of Hubbards products.  This is equivalent to 1 box per week or 52 boxes in total.  The prize will be supplied as  6 boxes from the Hubbard’s Amazing range every six weeks – equivalent to a box per week.  The variant of each box will be at the sole discretion of the Promoter and the winner will not be able to choose.  The total prize pool value is RRP $550

Social Media 

This Promotion is running across Facebook and Instagram, which has its own technical requirements, terms and conditions and fair usage policies. The Promoter accepts no responsibility if an entrant fails to follow the applicable requirements. The Entrant’s account must be set to “public” or set to “public” for the Promotion Period for your entry to be valid.

The Promoter reserves the right to verify the validity of each entry and to disqualify any entry that fails to comply with these Terms and Conditions or any entrant who tampers with the entry process in any way. 

Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php and Instagram’s Terms of Use which can be viewed at http://instagram.com/legal/terms.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. Facebook and/or Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained  by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

By entering the competition, each Entrant releases Facebook and Instagram from all liability in relation to the competition and acknowledges that this competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram and that any information provided by entrants is provided to the Promoter and not to Facebook or Instagram.

Intellectual Property

The Promoter will own the intellectual property in all entries submitted for this Promotion.  Upon entry into the Promotion, the intellectual property rights associated with the entry is assigned to the Promoter and without compensation. 

The entrant acknowledges and agrees that the flavour they submit may be used by Hubbards to create a new product that could be commercially manufactured and sold in Australia and New Zealand (at the Promoter’s sole discretion).  

As a condition of entry, an entrant 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.

An entrant will not be eligible unless the entrant provides any further reasonable assistance to the Promoter that may be required in assigning the intellectual property rights associated with their entry (such as signing legal documents).

Promotional Consent

The winner must participate in reasonable promotional activity (such as publicity and photography) free of charge and they consent to the Promoter (and its retail customers) using their first name and images in promotional material, including in packaging, outdoor billboards, social media, television and digital advertising, and point of sale, in conjunction with the Promotion and for promoting any other products supplied by the Promoter.

The Promoter may choose to announce the winner in promotional posts on its website and/or social media channels such as Facebook or Instagram.

Standard Terms and Conditions

Information on how to enter the Promotion and the Prize/s on offer form part of these Terms and Conditions, which set out the requirements for the “Promotion”.  Any entry not complying with these Terms and Conditions is invalid. Participation in this Promotion is deemed acceptance of these Terms and Conditions. Winning  a Prize/s is contingent upon fulfilling all of the requirements set forth in these Terms and Conditions.

No entries will be accepted outside of the Promotional Period.

The Promoter will use its best endeavours to provide the Prize/s listed. If any of the Prize/s are unavailable for reasons beyond the Promoter’s reasonable control, the Promoter reserves the right to substitute that Prize or item for a Prize or item of an equivalent value and/or specification.

Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. 

Entrants agree that they are fully responsible for any materials they submit via the promotion 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. Entrants warrant and agree that:

• 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 15, or otherwise unsuitable for publication; 
• their Content shall not contain viruses or cause injury or harm to any person or entity; 
• they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; 
• the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
• they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act and warrant that they have the full authority to grant these rights; and
• 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 entrant agrees to indemnify the Promoter for any breach of the above terms.

By entering the Promotion, each entrant agrees to provide the Promoter with a perpetual royalty-free licence to use and reproduce the Content of their entry, including their Facebook user name and image in any way including but not limited to the all of the Promoter’s social media pages and websites (and without compensation).

Entrants 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

By participating in the Promotion, the entrant warrants that their entry is original and does not infringe on the intellectual property rights of any third parties. If requested by the Promoter, the entrant must assign all rights, title and interest to their entry to the Promoter without compensation. The Promoter may, if required, request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.

Entries must comply with applicable laws and regulations and must not contain prohibited, inappropriate or unlawful content. Any entrant that submits such content will not be eligible to win. 

The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.

The entrants agree that they have not and will not publish, including on the Promoter’s social media channels, disparaging or defamatory remarks about the Promoter or its products. If the Promoter, in its absolute discretion, decides that a winner has breached this condition, that entrant’s entitlement to be selected or announced as a finalist may be cancelled and a substitute finalist chosen on the same basis.

The entrants agree to participate in a promotional photoshoot if required by the Promoter.

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 Australian Consumer Law as well as any other implied warranties under similar consumer protection laws in 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 promotion.

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 entry or prize 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

The Promoter may require the entrant to provide proof of identity, age, and residency. If any entry cannot be verified to the Promoter’s satisfaction, the entry may be declared invalid. 

The Promoter reserves the right to verify the validity of entries and may in its sole discretion disqualify any entry or refuse to award the Prize to anyone who in its opinion has tampered with the entry process, has not complied with these Terms and Conditions, has gained any unfair advantage or has won by fraudulent means.

The Promoter and any other agencies associated with this Promotion will not be responsible for any late, lost or misdirected entries, including but not limited to entries not received due to technical problems. Entries are deemed to be received at time of receipt by the Promoter’s database and not at the time of transmission by the entrant. Records of the Promoter are final and conclusive at the time of receipt.

If for any reason beyond the Promoter’s reasonable control this Promotion is not capable of running as planned, for reasons including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupts or affects the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion (subject to any written direction given by a relevant Regulatory Authority) to disqualify any entrant, or to cancel, terminate, modify or suspend the Promotion. 

The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings or the use of the Prize winnings. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.

If all or any part of any term or condition contained in these Terms and Conditions shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Terms and Conditions to the extent of the unenforceability, invalidity or illegality and the other Terms and Conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) had not been inserted herein.

Failure to supply all requested personal information at the time of submitting an entry may result in the entry being invalid. The information contained in the entry form will be subject to the Promoter’s Privacy Policy, available at https://hubbards.co.nz/privacy-policy/

By entering this Promotion, entrants consent to the release of their information to the Promoter’s agencies in order to contact and verify the identity of the Prize Winner.

The Promoter’s decision in relation to any aspect of the Promotion is final and binding on every person who enters, and no correspondence will be entered into.