Terms of use

Website terms of use

Welcome to www.mccain.com.au (Website). This Website operates under a terms of use agreement (Terms of Use).

This Website is owned and operated by, or on behalf of, McCain Foods (Aust) Pty Ltd and its affiliates (McCain, we, us and similar expressions). These Terms of Use govern the use of this Website. By accessing and using this Website, you agree that your use of the Website is subject to, and you are bound by, these Terms of Use.

Therefore, it is important that you read and understand these Terms of Use.

We reserve the right to vary these Terms of Use at any time without prior notice. Any variation to these Terms of Use will be effective immediately.

McCain reserves the right to, at any time:

amend, update, change or remove any part of this Website;
suspend or restrict your access to this Website if you are in material breach of these Terms of Use; and/or
stop or suspend the operation of this Website.

Privacy and Data Protection

Where and to the extent permitted by applicable law, you consent to the collection, use, disclosure and processing of personal data as contemplated by the Global Privacy Policy. Please read our Global Privacy Policy to obtain information about your privacy rights and on how McCain uses, discloses and processes your personal data during your use of the Website.

Disclaimer

The information contained in this Website is provided on an “as is” basis. Information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current. While McCain makes all reasonable efforts to ensure that the information contained in this Website is accurate and up to date, we make no representation or warranty as to the reliability, accuracy or completeness of the that information. While McCain retains the right to vary this Website without notice, it does not undertake to keep the information in this Website updated. McCain makes no representations as to the suitability of the information provided in this Website for any particular purpose.

To the maximum extent permitted by law, all implied representations or warranties in relation to the operation or availability of this Website or its contents are excluded.

Subject to any implied terms which by law cannot be excluded, McCain is not liable for any loss or damage, however caused, which is directly or indirectly suffered by you:

in connection with the use of this Website or Websites of entities which are hyperlinked from this Website;
the unavailability of this Website and/or the use of this Website or any linked website;
if interference or damage to your computer occurs in connection with your use of this Website (including by means of infection by a computer virus or other contamination),

including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.

This general disclaimer is not restricted or limited by any of the following sections.

Copyright

This Website and its contents are subject to copyright. The copyright is owned by McCain, or in the case of some material, third parties. All information and material included in this Website (including recipes, data, photographs, images, software and logos) are protected by copyright, whether or not a copyright notice appears in respect of that material. All rights are reserved.

You are permitted to access this Website and, except where expressly stated to the contrary on this Website, to reproduce information contained in this Website (by way of printing, downloading and distribution to other people) but only for your personal and non-commercial use.

Without our prior written permission (and subject to the conditions prescribed under the Copyright Act 1968 (Cth)), you are not permitted to, for commercial gain:

adapt, reproduce, store, distribute, print, transmit, display, perform or publish any part of this Website (including posting to any other Website); or
reproduce any part of this Website.

Trade Marks

All trade names, trade marks, service marks, product names, service names and logos displayed on this Website are either owned or used under licence by McCain. Nothing contained on this Website should be construed as granting a licence in respect of, or any right to use, any trade mark displayed on this Website.

External Links

This Website contains links to external Websites which are owned and operated by other entities. These links should not be construed as an endorsement, approval or recommendation by McCain of these Websites (including the information contained in or products or services offered by these Websites) or the owners of these Websites. McCain makes no warranties or representations about the quality, accuracy or merchantability of any information, products or services on Websites linked from this Website and shall not be liable in any way whatsoever for any damage caused in connection with your access or use of these Websites. Your use of any Website to which a link is contained on this Website is entirely at your own risk.

Applicable Law

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. McCain makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

Competition Terms & Conditions

McCain Metcash Expo Claw Machine Promotion Terms & Conditions ("Conditions of Entry")

Schedule

Promotion:

McCain Metcash Expo Claw Machine Promotion

Promoter:

McCain Foods (Aust) Pty Ltd (ABN 96 000 629 587), Level 10/616 St Kilda Rd, Melbourne, VIC 3004, Australia.

For any inquiries regarding this Promotion, please contact the Promoter via https://www.mccain.com.au/get-in-touch/#general or 1800 065 521

Promotional Period:

Start date: 14/07/24 at 11:30 am AEST

End date: 16/07/24 at 03:00pm AEST, while prize stocks last

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over, excluding the persons set out in clause 4 below who are not eligible to participate in this Promotion.

How to Enter:

To participate in the Promotion, the entrant must, during the Promotional Period:

a) attend the Metcash Food Expo 2024, taking place at 2684-2690 Gold Coast Hwy, Broadbeach QLD 4218, Australia from 14/07/24 – 16/07/24 (Event);

b) visit the Promoter’s booth located at the Event; and

c) play the claw machine game at the Event (Game).

Bonus game plays (optional): Entrants who purchase a McCain product during the Event will receive one (1) bonus game play. There is a limit of one (1) bonus claw machine game play permitted per qualifying transaction. The entrant must surrender their receipt to the promotional staff assigned in order to play the bonus game.

Game Play Instructions

This is a game of skill. There are 363 Prizes available during the Promotional Period by playing the Game.

The claw machine will have up to 100 balls included at the start of each Event. Each entrant must use the mechanical claw to attempt to pick one of the balls to win a Prize (whilst stocks last). Each ball contains a piece of paper which details the Prize won. If an entrant has successfully picked a ball using the mechanical claw (Winner), they must open the ball to reveal their Prize.

There is a limit of three (3) attempts per Game, per entrant, to successfully pick a ball and win a Prize.

The Winner must provide the piece of paper detailing the Prize won to the Promoter’s representative on the day of the Event to claim their Prize. Details of the Prizes to be won are listed in the prize section below.

Balls successfully picked by an Entrant will not be placed back into the claw machine. The Promoter’s representative will replace the ‘winning’ ball with either another ‘winning ball’ (subject to the daily Prize limit outlined below) or a ‘non-winning’ ball (once all Prizes have been claimed in a day) and place it back into the claw machine. For the sake of clarity, any Entrant who selects a ‘non-winning’ ball will have been deemed to have had their attempts at the Game and will not be permitted to attempt that particular Game play again.

If an entrant acts in a disorderly manner, attempts to skip their position in the queue, or is physically or verbally abusive or disruptive to the peaceful implementation of the Game, they may be asked to leave by the Promoter’s representative and will forfeit their chance to participate in the Game and to win a Prize.

Entries permitted:

Only one (1) initial Game play per entrant (for all Event attendees). Bonus claw machine game play(s) apply (subject to the spend requirement outlined above).

Total Prize Pool:

$6,489.00

There are 363 Prizes available as set out below (with a total of 121 Prizes distributed each day of the Event):

Prize Description	Number of this prize	Value (per prize)
Prize 1: $500 EFTPOS gift card.	3 (1 per Event day)	$500.00
Prize 2: $25 EFTPOS gift card.	60 (20 per Event day)	$25.00
Prize 3: one (1) P!CKERS branded tote bag (colour: white).	100 across the entire Event (distributed at the Promoter’s discretion)	$14.99
Prize 4: one (1) P!CKERS bottle opener key ring.	200 across the entire Event (distributed at the Promoter’s discretion)	$9.95

There is a limit of one (1) Prize per Winner. Winners must collect their Prizes from the Promoter’s representative on the day of the Event.

Gift Card Prize Conditions:

The EFTPOS gift card is subject to additional terms and conditions available at https://truerewards.com.au/terms-and-conditions/.

The Winner will be responsible for any ancillary costs associated with redeeming the EFTPOS gift card. Any unused balance of the gift card will not be awarded as cash.

The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.

Entry

The Promotion commences on the Start Date and ends on the End Date (Promotional Period). Entrants must play the Game during the Promotional Period to be eligible to win a Prize.
The Game will only be available to be played during the Event from 11:30 am to 03:00 pm AEST daily, and only while Prizes are available.
Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
No entry fee is charged by the Promoter to enter the Promotion.

Prizes

The Prize values are accurate at the time of preparing these Conditions of Entry and based upon the recommended retail value of the prizes (inclusive of GST). The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
The Prizes are not exchangeable, transferable or redeemable for cash or any other Prize and must be taken as and when offered or will be forfeited. If forfeited, the Promoter will not be liable.
If a Prize (or portion of a Prize) is unavailable for any reason, the Promoter reserves the right, in its absolute discretion, to substitute the Prize (or that portion of the Prize) for a prize of equal or greater value and specification.
If for any reason a Winner does not (or is unable to) take their Prize or an element of their Prize at the time stipulated by the Promoter, they forfeit their Prize or that element of their Prize and no compensation or substitute will be offered.
The Promoter is not responsible for any dispute between the Winner and any person the Winner chooses to, or chooses not to, share the Prize with.
If a Prize is provided by a third party, additional terms and conditions of the third party prize supplier may apply in relation to use and receipt of the Prize. Winners must comply with any conditions of the prize provider. The terms and conditions which apply to the prize at the time it is issued to the Winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
Winner/s should seek independent financial advice at the Winner’s sole expense regarding any tax implications relating to the Prize/s or acceptance of the Prize/s.
Winners are responsible for all ongoing costs associated with use of the Prize, including insurances (including excesses).
The Promoter may invalidate any Prize where the Winner has breached these Conditions of Entry or otherwise failed to comply with any requirement under these Conditions of Entry.

General

If there is a dispute as to the identity of an entrant or Winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or Winner.
The Promoter reserves the right to refuse to allow a Winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a Winner is not in the physical or mental condition necessary to be able to safely participate in or accept the Prize. It is a condition of accepting the prize that a Winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a Prize.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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) (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Promotion or the Prize/s.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a Winner cannot provide suitable proof as required by the Promoter to validate their entry, the Winner will forfeit the Prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
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 or wilful misconduct) 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 greatest extent allowed by law).
The Winner(s) will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
The Promoter will collect entrants' personal information in connection with this Promotion and will use and handle the personal information in accordance with these Conditions of Entry and the Promoter’s Privacy Policy at https://www.mccain.com/privacy.
These Conditions of Entry are governed by the laws of Victoria.
This Promotion is in no way sponsored, endorsed, administered by, or associated with any social media platform owned by a third party including Facebook, Instagram or TikTok. Entrants are providing their information to the Promoter and not to any social media platform. To the extent relevant to the Promotion, the Promoter and entrants must adhere to the terms and conditions of the relevant social media platform. Entrants are solely responsible and liable for any content or information they transmit to users on the social media platform. Entrants release the relevant social media platform from any and all liability in respect of the Promotion. Any questions, comments or complaints about the Promotion must be directed to the Promoter not the social media platform.

P!ckers Customer Activation Distribution Drive Competition

Terms & Conditions

SCHEDULE

Competition

P!ckers Customer Activation Distribution Drive Competition

Promoter

McCain Foods (Aust) Pty, Ltd, Level 10/616 St Kilda Rd, Melbourne VIC 3004, ABN 96 000 629 587

Competition Period

12.01am (AEST) on 15 July 2024 to 11:59pm (AEST) on 15 August 2024.

Participating Stores

Independent supermarkets operating in Queensland and New South Wales, who make a Qualifying Purchase through Metcash Trading Limited ABN 61 000 031 569 (Metcash).

Eligible entrants

Australian residents who are an owner of a Participating Store or employee of a Participating Store for the duration of the Competition Period and at the time of awarding a Prize are not Ineligible entrants (Entrants).

Subject to where the Store is located, Entrants must be available to take the respective Prize on 5 September 2024 or 6 September 2024.

Ineligible entrants

Ineligible entrants include directors, management, employees, officers and contractors of:

a) the Promoter;

b) any related bodies corporate of the Promoter;

c) the agencies and companies associated with the Promoter or the Competition; and

d) a spouse, de facto spouse, partner, guardian, parent, child or sibling (whether natural or by marriage or adoption) of any person set out above.

Entry Mechanic

During the Competition Period, a Participating Store must purchase the following products (together, a Qualifying Purchase) from Metcash:

1. purchase one (1) case of each of the following McCain P!ckers SKUs:

653497	Italian Herb Mini Mozzarella Sticks 230g
649207	Nacho Cheese Triangles 230g
653484	Jalapeno Cheese Nuggets 230g
650570	Herb & Parmesan Cauliflower Bites 230g
649134	Spicy Onion Rings 350g

2. purchase and range one (1) incremental McCain SKU,

Once the Promoter has determined that the above criteria has been successfully fulfilled, the Participating Store will automatically receive an entry into the draw.

(Entry)

No other method of entry will be accepted.

Maximum Entries

You can enter multiple times, provided that each Entry must be submitted separately in accordance with these Terms and Conditions.

Prize Draw

There will be up to six (6) winners determined in respect of this Competition.

There will be two (2) draws conducted – one (1) draw for Queensland Entrants and one (1) draw for New South Wales Entrants. The draws will be held at 12pm (AEST) on 16 August 2024 at offices of Visual Traffic, Suite 8/56 Bay Road Sandringham, VIC 3191. The first three (3) valid Entries drawn randomly at each Prize Draw from the Entries received during the Competition Period will win a Prize (Winner).

The Promoter reserves the right to draw additional reserve entries at each Prize Draw and record them in order of being drawn in case of an invalid Entry, Ineligible Entrant or unclaimed Prize (Reserve Entrant).

The Prize will be awarded to the owner of the Participating Store. The owner of the winning Participating Store must advise the Promoter who is nominated as the winner of the Prize within seven (7) days of being contacted by the Promoter. The owner can nominate themselves or choose another employee at the Participating Store to take the Prize. Any nominated employee must be at least 18 years of age and available to take the prize on 5 September 2024 and 6 September 2024 (respectively). The nominated employee will be known as the Winner for the purposes of these Terms and Conditions and is deemed to accept these Terms and Conditions.

Where there are multiple owners (e.g., where an entity owns multiple Participating Stores), if the owners cannot agree about who is the Entrant (or if there is any confusion for any reason), the Promoter may decide which owner wins the Prize. The Promoter’s decision in this respect will be final.

Prize

There are up to six (6) prizes available as follows:

Prize

No. of Prizes

Prize Value

x2 tickets for the Winner and an adult companion to the Brisbane Broncos vs Melbourne Storm game on 5 September 2024 at Suncorp Stadium. Tickets include entry into a corporate box and food and beverages for the duration of the match.

*Does not include travel or accommodation expenses

$926

x2 tickets for the Winner and an adult companion to the South Sydney Rabbitohs vs Sydney Roosters game on 6 September 2024 at Stadium Australia (Accor Stadium). Tickets include entry into a corporate box and food and beverages for the duration of the match.

*Does not include travel or accommodation expenses

$600

The Winner will receive a Prize for the sporting experience in the state where their respective Participating Store is located (e.g., if the winning Participating Store is in Queensland, the Winner will receive tickets to the Brisbane Broncos vs Melbourne Storm game on 5 September 2024).

There is a limit of one (1) Prize per Store.

Third party terms and conditions (such as those of the prize provider) may apply in relation to receipt of a Prize.

Total Prize Pool

Up to $4,578

How are winners notified?

Winners will be notified in writing via email to their nominated email address by 19 August 2024. Winners must claim their Prize by 23 August 2024.

Entrants are not required to be present at the time of the Prize Draw. If, after making reasonable attempts, the Promoter cannot contact a Winner or a Winner has not claimed a Prize by the prize claim date above, the relevant Entry will be discarded and the Promoter will re-award the Prize to a Reserve Entrant. Any Reserve Entrant will be notified via email to their nominated email address. If a Reserve Entrant has not claimed their Prize by 29 August 2024, the Prize will be deemed forfeited.

Terms and Conditions

The Schedule above and all other entry instructions and prize information published by the Promoter form part of these Terms and Conditions of this Competition. Each Entrant agrees and acknowledges that they have read these Terms and Conditions (and Schedule) and that entry into the Competition constitutes acceptance of these Terms and Conditions (and Schedule). All capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated or as the context otherwise provides.

Entry

Entries must be received by the Promoter during the Competition Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
Any and all entries that are made using any automated entry means, computer entry service or any other mechanical or electronic means that allows an individual to automatically enter repeatedly are invalid and will be rejected by the Promoter.
All entries to the Competition may be subject to verification by the Promoter. Entrants must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Competition, including but not limited to receipts, evidence of age, residence and identity. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. If a Winner cannot provide suitable proof of eligibility to the Promoter’s satisfaction, they forfeit their Prize in whole and no substitute or compensation will be offered.
The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
1. fails to establish their entitlement to win the Competition to the Promoter’s satisfaction; or
2. fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
3. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
4. has submitted an entry that is not in accordance with these Terms and Conditions; or
5. has, in the opinion of the Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition or Promoter.
Entries must be submitted in accordance with the Entry Mechanic and must not be incomplete, incomprehensible, unlawful or capable of violating any law or giving rise to a civil action, obscene, defamatory or libelous, threatening or harassing, pornographic or contain nudity, hateful, offensive, incite or be capable of encouraging conduct that would be considered a criminal offence and in violation of the terms and conditions of the relevant social media platform used to enter the Competition.

Prizes

Prize values are correct as at the date of preparation of these Terms and Conditions.
If a Prize (or portion of a Prize) is unavailable for any reason, the Promoter reserves the right, in its absolute discretion, to substitute the Prize (or that portion of the Prize) for a prize of equal or greater value.
Prizes cannot be refunded or exchanged or redeemed for cash, except as expressly permitted by these Terms and Conditions.
Prizes may be transferred at the Promoter’s sole discretion. If the Promoter exercises its discretion to allow a Winner to transfer their Prize, the transfer will be on the condition that the transferee accepts these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
If for any reason a Winner does not (or is unable to) take their Prize or an element of their Prize at the time stipulated by the Promoter, they forfeit their Prize or that element of their Prize and no compensation or substitute will be offered.
Prizes may not, without the prior written consent of the Promoter, be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If the Promoter becomes aware of a Prize being used for a purpose in breach of this condition, the Promoter may, at their absolute discretion, withdraw the Prize. Where a Prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered to the Winner or any other person.
Prize/s may be subject to additional terms and conditions imposed by third parties. Winners must comply with any such additional terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of a Prize or participation in the Competition. The terms and conditions which apply to a Prize at the time it is issued to a Winner will prevail over these Terms and Conditions, to the extent of any inconsistency.
NRL tickets:
1. Activity tickets can only be used once and will be deemed invalid if copied. The Promoter does not control entry to the relevant event location.
2. The Winner must keep their tickets safe and the Promoter will not replace any lost or stolen tickets.
3. Stadium terms and conditions of entry:
  1. Suncorp Stadium: https://suncorpstadium.com.au/the-venue/conditions-of-entry.aspx.
  2. Stadium Australia: https://accorstadium.com.au/the-stadium/conditions-of-entry/.

Winners (and their companions) are responsible for all ongoing costs associated with use of the Prize, including insurances (including excesses), meals and transport not included as part of the Prize.
The Promoter is not responsible for any dispute between the winner and any person the winner chooses, or chooses not to, share the Prize with.
Where a Winner is not able to redeem a Prize (or part thereof) due to physical inability or incapacity, poor weather, or any other circumstances beyond the Promoter or the prize provider’s reasonable control, then that Prize (or part thereof) will be forfeited and is not redeemable for cash, or any other Prizes, goods or services.
In the event a Prize Draw cannot be conducted at the specified time due to unforeseen circumstances outside the Promoter’s reasonable control, the effected Prize Draw will take place as soon as is practicable after the delay has been resolved.
Winner/s should seek independent financial advice at the Winner’s sole expense regarding any tax implications relating to the Prize/s or acceptance of the Prize/s.
The Promoter may invalidate any Prize where the Winner has breached these Terms and Conditions or otherwise failed to comply with any requirement under these Terms and Conditions.
It is a condition of accepting the Prize/s that the Winner/s and their guest/s must, if requested by the Promoter, sign a legal release or releases in a form determined by the Promoter in its absolute discretion.

Publicity

By accepting a Prize, Winners agree that:
1. if requested by the Promoter, the Winner will:
  1. provide comments about the Competition and/or a photo or audio-visual clip of themselves; and
  2. participate in any promotional activity in connection with the Competition or the Prize;
2. the Promoter may use the Winner’s name, image, comments, photographs or audio-visual clips (Materials) for publicity and promotional purposes in any form of media, without reference or compensation to the Winner or any other person;
3. the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
4. the Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; and
5. the Winner unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials and waives all moral rights in the

Limitation of liability

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 2010, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar State and Territory consumer protection laws (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and

companies associated with or involved in the Competition (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Competition or the Prize/s.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Competition (including each of their respective directors, officers, employees, servants, contractors and agents past and present) is not responsible for and excludes all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Competition, including but not limited to loss or damage arising out of:
1. any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
2. any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Competition, or by any technical error that may occur in the course of the Competition;
3. any delays or failures in any telecommunications services or equipment;
4. any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction, unauthorised access or third party interference;
5. any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, altered, damaged or misdirected (whether after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
6. any variation in Prize value to that stated in these Terms and Conditions;
7. any tax liability incurred by a Winner or Entrant;
8. if a Prize or any part of a Prize is unavailable for any reason; or
9. use of the Prize/s.
If a Prize is to be delivered directly to a Winner by a third party supplier, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any loss or damage to the Prize, any delay or failure relating to the Prize itself or failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise.

General

The Promoter reserves the right to take any action necessary in its sole discretion at any time.
If there is a dispute concerning the conduct of the Competition, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.
If for any reason any aspect of this Competition is not capable of running as planned, including, without limitation, by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure, acts of God, civil unrest, strike, war, act of terrorism, pandemic or any other cause beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition and invalidate any affected entries, or suspend or modify a Prize.
Any attempt to cause damage to any website or the information on any website associated with this Competition or to otherwise undermine the fair and legitimate operation of this Competition may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law if any such attempt is made, whether that attempt results in any such damage, interference or undermining.
The Promoter will collect Entrants' personal information in connection with this Competition and will use and handle the personal information in accordance with these Terms and Conditions and the Promoter’s Privacy Policy at https://www.mccain.com/privacy.
These Terms and Conditions are governed by the laws of Victoria.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
These Terms and Conditions and the Schedule constitute the entire agreement between each Entrant and the Promoter with respect to the Competition. The Promoter may unilaterally vary, alter, modify, or amend these Terms and Conditions and the Schedule, including during the Competition Period, and will publish notice of such variation on its social media platforms.
This Competition is in no way sponsored, endorsed, administered by, or associated with any social media platform owned by a third party including Facebook, Instagram or TikTok. Entrants provide their information to the Promoter and not to any social media platform. To the extent relevant to the Competition, the Promoter and entrants must adhere to the terms and conditions of the relevant social media platform. Entrants are solely responsible and liable for any content or information they transmit to users on the social media platform. Entrants release the relevant social media platform from any and all liability in respect of the Competition. Any questions, comments or complaints about the Competition must be directed to the Promoter not the social media platform.

McCain Air Fryer Competition

McCain Fry Day 2024 Competition