Terms and Conditions

FANTA DIGITAL HUB - TERMS OF USE

  1. These Terms of Use relate to the use of the FANTA Digital Hub available at bigshakeup.fanta.com.au (Hub)
  2. Use of the Hub requires acceptance of these Terms of Use.
  3. The Hub is owned and operated by Coca-Cola South Pacific Pty Ltd (CCSP), Level 9, 40 Mount Street, North Sydney, NSW, 2060.

GENERAL TERMS AND CONDITIONS

  1. You must be an Australian resident aged 13 years or older to use the Hub. If you are aged between 13 and 17, your parent or legal guardian must read and agree to these Terms of Use on your behalf.
  2. The Hub allows users to create cool designs and, if the user chooses and the functionality allows you can share your creation with other Hub users in the Hub Gallery or with their Facebook friends. If you share your designs in the Hub Gallery, other users will be able to view and like your design. The Hub also allows you to enter games of skill.
  3. To participate, users must own an internet enabled device, accept these Terms of Use and follow the instructions set out in the Hub. Any cost associated with accessing the Hub is the user’s responsibility and is dependent on the internet service provider or telecommunications provider used.
  4. When you create designs or other creative works in the Hub you agree to license and grant CCSP and its affiliates and agencies, a non-exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, broadcast and display such content without compensation, attribution or liability and you agree not to assert any moral rights in relation to such use of the content by CCSP.
  5. You warrant and agree that you will not submit any content design that is 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, damaging to the reputation of CCSP or otherwise unsuitable for publication. CCSP reserves the right to moderate the designs and remove any content that it considers inappropriate.
  6. CCSP reserves the right in its absolute discretion to exclude users from the Hub. CCSP also reserves the right, at any time, to verify the validity of all designs submitted and to remove any designs that are not in accordance with these Terms of Use.
  7. CCSP’s decision is final and no correspondence will be entered into.
  8. Users will receive on-screen confirmation of their design being saved. CCSP accepts no responsibility for any images or designs that are lost or delayed while being saved or shared, or which are unable to be saved or shared due to lack of network coverage, operator or network error, or for any other reason beyond its control.
  9. If for any reason the administration, security, fairness, integrity, conduct or operation of the Hub is interfered with or disrupted in any way by a cause outside the reasonable control of CCSP (including but not limited to act of God; any act of a public enemy, war, civil unrest, or act of military authority; fire, flood, earthquake, landslide, or other elements of nature; any strike, lockout or other labour dispute; any act of a third party engaged in terrorist activity or sabotage; vandalism; tampering; power failures; computer bugs or  viruses; unauthorised intervention; fraud or technical failures), CCSP reserves the right, in its sole discretion, to the fullest extent permitted by law to remove any users; and/or as appropriate, to modify, suspend, terminate or cancel; or recommence the Hub.
  10. CCSP takes no responsibility for lost, incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, computer equipment, software or any other error or malfunction. Neither can CCSP be held responsible for the failure to fulfill the obligations of any of the third parties involved in this activity, although CCSP will always endeavor to minimise the effect to the participant of any such failure.
  11. Except for any liability that cannot be excluded by law, CCSP (including its directors, shareholders, officers, employees, contractors, advisors, assignees, agents, licensees, representatives, advertising and Promotional agencies) its related companies (the Related Parties) exclude all liability (including negligence), for any personal injury or death, or loss (including any damage, claim, injury, cost or expense); whether direct, indirect, special or consequential, arising in any way out of this activity, including, but not limited to, where attributable to any of the following:
    1. any negligence of a Relevant Party;
    2. any technical difficulties or equipment malfunction (whether or not under CCSP’s control);
    3. any theft, unauthorised access or third party interference;
    4. any registration that is late, lost, altered, damaged or misdirected (whether or not after their receipt by CCSP) due to any reason beyond the reasonable control of the CCSP; or
    5. any variation in use to that stated in these Terms of Use.
  12. Users’ personal information will be collected by or on behalf of CCSP to enable it to administer the Hub. The personal information of users may be provided to others assisting in the conduct of the Hub, including agencies associated with the experience. Users may contact CCSP by calling the toll free number 1800 006 552 or by emailing privacyau@coca-cola.com to request access to, or corrections of, any of their collected personal information that is held by CCSP. Visit www.fanta.com.au to view CCSP’s privacy policy. Users acknowledge that their personal information may be supplied to organisations outside of Australia and they provide their consent for this to occur by using the Hub.
  13. CCSP reserves its right to modify these Terms of Use at any time for any reason. You agree that you will be bound by such changes and that you will not hold CCSP liable for any losses resulting from any such changes.
  14. These Terms of Use are governed by, construed in accordance with, the laws of the Commonwealth of Australia and the parties agree to submit to the exclusive jurisdiction of the Courts of Australia.
  15. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO THE HUB OR THE INFORMATION ASSOCIATED WITH THE HUB OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THE HUB MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. CCSP RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY  SUCH DAMAGE, INTERFERENCE OR UNDERMINING

DESIGN YOUR OWN BILLBOARD

  1. To design a billboard in the Hub, select an environment and background, then drag and drop stickers and text on your billboard. Once you’re happy with your design, fill in the mandatory fields, preview your billboard, save it, and, if you choose, share it on the Hub Gallery or with your Facebook friends.
  2. If you choose, your billboard design will appear in the Hub Gallery, along with your first name and first initial of your last name and your billboard description. CCSP may also publish your billboard design in its social channels.
  3. CCSP will select 4 of its favourite designs (based on skill and creativity) from the Hub Gallery and use them for inspiration to create a digital out-of-home panel. They may not look identical to the submitted design. This is skill based and chance plays no part in the selection of the designs. With your permission, you will be credited as the inspiration for the design. Entry opens 27 March 2017 and closes 11:59pm on 20 April 2017. After this date, users can still design a billboard on the Hub but it will not be eligible to be selected to inspire the digital out-of-home panel.

CUSTOMISE WITH DISRUPT SPORTS

  1. Select a surf board, skateboard or yoga mat and background, then drag and drop stickers and text on to them. Once you’re happy with your design, fill in the mandatory fields, preview your design, save it, and, if you choose, share it on the Hub Gallery or with your Facebook friends.
  2. If you choose, your product design will appear in the Hub Gallery, along with your first name and first initial of your last name and your product description. CCSP may also publish your product design in its social channels.
  3. CCSP will select 75 of its favourite designs (based on skill and creativity), from the Hub Gallery, bring them to life, get in touch with you via the email address supplied and send the item to you by post within Australia. This is skill based and chance plays no part in the selection of the designs. Entry opens 10 April 2017 and closes 11:59pm on 10 May 2017. After this date, users can still customise on the Hub but designs will not be eligible to be selected to be brought to life.
    • CCSP will select 10 of its favourite designs on 17 April 2017
    • CCSP will select 25 of its favourite designs to produce on 24 April 2017
    • CCSP will select 40 of its favourite designs to produce on 11 May 2017

CREATE WITH I SCREAM NAILS (GIVEAWAY)

I Scream Nails for FANTA

  1. The first 1,000 users to register their details will be sent an I Scream Nails for FANTA 3 pack (orange, blue & white) nail polish set by post within Australia. Offer opens 24th April 2017 and closes when the allocation of 1,000 nail polish sets have been exhausted.

DESIGN YOUR OWN SNAPCHAT LENS

  1. Select a Snapchat lens tool storyboard image and background, then drag and drop stickers, effects and Snapchat lens tools. If you would like to request voice modification you must type this into the comments section of the design however no preview is available. Once you’re happy with your design, fill in the mandatory fields, preview your design, save it, and, if you choose, share it on the Hub Gallery or save it to your camera roll.
  2. If you choose, your Snapchat design will appear in the Hub Gallery, along with your first name and first initial of your last name and your design description. CCSP may also publish your lens design in its social channels.
  3. CCSP and Snapchat will choose its favourite design from the Hub Gallery and use it to inspire them to create an Australian Snapchat lens that will be available for all Australian Snapchat users in June 2017 for 48 hours. Snapchat will have the final decision on which design is selected. No credit will be given to the user that inspired it on the lens itself but credit will be given to the user across social media platforms with their permission.  Snapchat reserves the right to edit the design and it may not be a direct replica of the chosen design.  This is skill based and chance plays no part in the selection of the design. Entry opens 27 March 2017 and closes 11:59pm on 5 April 2017. After this date, users can still design a lens on the Hub but it will not be selected to inspire a Snapchat lens.
  4. This promotion adheres to the Snapchat Promotion Rules set out at https://support.snapchat.com/en-US/a/promotions-rules
  5. Each user completely releases Snap Inc. from all claims based on, related to, or arising from its use of the Hub and entry into the Design your own SnapChat lens promotion.
  6. The Hub and Design your own SnapChat lens promotion is in no way sponsored, endorsed, administered by, or associated with, Snap Inc.

PRODUCE YOUR OWN SOUND with our sound sampler

  1. Select 5 sample tiles and mix your own sound track beat. Or you can record your own tracks and upload and mix with our beats. Any tracks you upload must be your own original composition and recording.
  2. Once you’re happy with your track, fill in the mandatory fields, preview your track, save it, and, if you choose, share it on the Hub Gallery or with your Facebook friends.

GAME OF SKILL CONDITIONS OF ENTRY

Schedule

Promotion name FANTA DIGITAL HUB SHAKEUP
Promoter Coca-Cola South Pacific Pty Ltd, ABN 50 003 029 794
Level 9, 40 Mount Street, North Sydney, NSW 2060
Website www.shakeup.fanta.com.au
Promotion type Game of Skill
Promotion Period Entry opens 27 March 2017 and closes 11:59pm on 10 May 2017
Entry method Entrants must, during the Promotion Period:
Follow the instructions in the Design your own Billboard, Customise with Disrupt Sports and Design Your Own Snapchat Lens sections of the Website.
Judging criteria Entries will be individually judged on their creativity, literary merit and originality by a panel of judges appointed by the Promoter
Judging details Design Your Own Billboard: 21 April 2017
Customise with Disrupt Sports:
  • CCSP will select 10 of its favourite designs on 17 April 2017
  • CCSP will select 25 of its favourite designs on 24 April 2017
  • CCSP will select 40 of its favourite designs on 11 May 2017
Design Your Own Snapchat Lens: 6 April 2017
Location: 40 Mount Street, North Sydney, NSW 2060
Entry eligibility
  1. Australian residents aged 13 years and over; and
  2. Not an employee or immediate family member of the Promoter or its affiliate companies, agencies or anyone professionally connected with the Promotion; and
  3. Compliance with these Conditions of Entry.
Prizes Design your own Billboard: 4 designs chosen to inspire digital out-of home panels credited to winner.
Customise with Disrupt Sports: 75 products featuring winners designs [Surfboard RRP A$799, Skateboard RRP A$249, Yoga Mat RRP A$119].
Design Your Own Snapchat Lens: 1 design chosen to inspire a Snapchat lens credited to winner on social media but not specifically on lens.
Total prize pool Up to A$21,575 recommended retail price
Notification and publication of winners Winners will be notified by email and published on the Website.

Conditions of Entry - Standard Terms

  1. Information on how to enter and prizes form part of these Conditions of Entry. By entering this Promotion you accept of these Conditions of Entry and the Schedule.
  2. All references to times and dates are to times and dates in Sydney, which may be Australian Eastern Standard Time (“AEST”) or Australian Eastern Daylight Time (“AEDT”) depending on the date.
  3. Any capitalised terms used in these Conditions of Entry have the same meaning as the Schedule, unless stated otherwise. All references to dollars or "$" are references to Australian dollars.
  4. This Promotion is a game of skill and chance plays no part in the selection of the winner. All valid entries received will be judged based on their creativity, literary merit and originality by a panel of judges appointed by the Promoter.
  5. The provisional winner will be contacted by email name and may be asked to provide mailing address details (if applicable to the prize).
  6. The provisional winner must provide the details in point 5 above within the timeframe specified by the Promoter.
  7. If the provisional winner fails to satisfy any or all of the Conditions of Entry of the Promotion, the Promoter may choose to award the Prize to the next entrant in its shortlist, or withdraw the Prize completely. Once a provisional winner’s entry is verified under these Conditions of Entry, their prize shall be sent by courier to the address nominated by email (if applicable).
  8. If a Prize is unavailable, for any reason beyond the reasonable control of the Promoter, the Promoter may offer an alternative prize of equivalent value and specification.
  9. It is condition of accepting a Prize that the winner must comply with all of the conditions of use for the Prize, and the Prize supplier’s requirements, if any.
  10. If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion.
  11. You warrant and agree that your entries will:
    1. 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;
    2. not infringe any intellectual property rights and/or any other rights of any person or entity;
    3. not advertise or promote any goods or services;
    4. not contain any material which the entrant does not have permission to use;
    5. not contain any viruses or any other components with harmful or contaminating effects on the Facebook page or any equipment connected to it;
    6. acquire permission to use the entry involving any other person apart from the entrant; and
    7. not contain or link to any:
      1. pornography, sexually explicit, obscene or indecent content;
      2. reference to dangerous or illegal acts or contain any instructions that if followed could be injurious to the reader;
      3. violence;
      4. private or confidential information or reveal personal information belonging to others or other sensitive information;
      5. unlawful, harmful, threatening, harassing, defamatory, libelous, tortuous, misleading or any otherwise objectionable content; and/or
      6. "hate speech" intended to stereotype a particular gender, sexual orientation, race or religion.
    Without limiting any other terms herein, you hereby indemnify the Promoter for a breach of any warranty contained within these Conditions of Entry, including those set out above.
  12. You, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such entries for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
  13. If you tamper with, or subvert, the processes relating to participation in the Promotion, or may benefit from such tampering or subversion by any other person, the Promoter reserves the right in its sole discretion to disqualify you from the Promotion. The Promoter reserves the right to verify your details and request identification to establish your age or identity.
  14. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failures, theft or destruction or unauthorised access to, or alteration or non-receipt of an entrant’s communications. The Promoter is not responsible for any problems or technical malfunctions (such as problems with telephone networks or lines, computer systems or software or internet service providers) or any failure of any internet communication or telephone communication to be received by the Promoter (whether as a result of technical problems or traffic congestion on any carrier network, on the internet or at any website). To the full extent permitted by law, the Promoter is not liable for any injury or damage to any entrant’s (or any other person’s) computer or resulting from or otherwise relating to participation in this Promotion (including by downloading materials relating to this Promotion).
  15. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
  16. Unless otherwise stipulated, rights to receive any Prize are not transferable or exchangeable and cannot be taken as cash.
  17. All of the Promoter’s decisions are final and no correspondence will be entered into in respect of the judging criteria or any other aspect of the Promotion. The Promoter reserves the right not to select a winner for any or all of the prizes at its absolute discretion.
  18. The Promoter accepts no responsibility for any tax liability incurred as a result of an entrant winning a Prize. Entrants should obtain independent tax and financial advice.
  19. No responsibility is accepted for late, lost, or misdirected entries or submission by you.
  20. The Promoter is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilised in this Promotion which may occur in the course of the administration of this Promotion.
  21. Any costs associated with accessing Facebook are your responsibility and are dependent on the internet service provider you use.
  22. To the full extent permitted by law, the Promoter, its related companies and Coca-Cola Amatil (Aust) Pty Ltd ABN 68 076 594 119 and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with the Promotion or Prize, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these Conditions is intended to exclude, restrict or modify a person’s rights under the Competition and Consumer Act 2010 (Cth) (the “Non-Excludable Rights”).
  23. The winners of a Prize consent to: (i) the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without remuneration for the purpose of promoting this Promotion, the Promoter and/or Coca-Cola beverages; and (ii) the Promoter authorising its related companies and CocaCola Amatil (Aust) Pty Ltd (ABN 68 076 594 119) to do anything that the winner or their companion consents to the Promoter doing under this condition.
  24. All entries become the property of the Promoter. Entrants personal information will be collected by or on behalf of the Promoter to enable it to administer and promote the Promotion and the winner of the Promotion. The personal information of entrants may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, suppliers and deliverers, and to authorities that regulate the Promotion. Consumers may contact the Promoter by calling the toll free number 1800 006 552 or by emailing privacyau@coca-cola.com to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information, the Promoter may determine that they are not eligible to win a Prize. Visit www.coca-cola.com.au to view the Promoter’s privacy policy. Entrants acknowledge that their personal information may be supplied to organisations outside of Australia and they provide their consent for this to occur by participating in the
  25. You completely release Snap Inc. from all claims based on, related to, or arising from the Promotion.
  26. The Promotion is in no way sponsored, endorsed, administered by, or associated with, Snap Inc.