Giveaway Terms & Conditions

Information on how to enter and win a prize forms part of these Terms and Conditions.

  1. Participation in the “WIN A YEAR’S SUPPLY OF BE FRANK PET FOOD Competition” (Competition) is deemed acceptance of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
  1. The Competition is a game of skill.
  1. The Promoter of the Competition is Hypro (Aust) Pty Ltd (ABN: 64 102 779 322) trading as Be Frank of 15 Box Avenue Wilberforce, NSW 2756.
  1. The Competition commences at 12:00am (AEDT) on Monday, 13th of May 2024 and ends at 5pm (AEDT) on Wednesday 22nd of May 2024 (Promotional Period).
  1. This giveaway is proudly promoted by four creators, including @mango.thecavoodle, @onatahdachschund, @geri.cat, and @itstwiggytheiggy, each bringing their own unique charm via their personal Instagram pages. Only one lucky winner will be chosen at random to receive the prize. Stay tuned as we announce the winner on Wednesday the 22nd of May at 6pm.
  1. The Competition will be conducted during the following Promotional Period between the Start Time and the End Time at the following Location:

Promotional PeriodStart TimeEnd TimeLocation
Monday, 13 May 2024 to Wednesday, 22 May 2024Monday, 13 May 2024
at 12:00am (AEDT)
Wednesday 22nd of May 2024
at 5pm (AEDT)
Online via Facebook and Instagram.

Eligibility and Entries

  1. Subject to clause 7, entry to the Competition is open to Australian residents aged 16 years and over and who are followers of Be Frank Instagram and/or Facebook channels. For clarity, only entries submitted by Eligible Entrants will be eligible to be considered as part of the Competition.
  1. Employees (and their immediate families) of Hypro Group (as defined in clause 34), and agencies associated with the Competition 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.
  1. At the commencement of the Promotional Period, the Promoter will post on the Be Frank Facebook Page facebook.com/befrankpets (Facebook Page) and Instagram account instagram.com/befrankpets (Instagram Account) a promotional post advertising the Competition (Promotional Post).

  2. To enter, Eligible Entrants must during the Promotional Period:
    1. complete the following steps via Facebook or Instagram during the Promotional Period (the Entry Brief):

Facebook

  1. visit the Promoter’s Facebook Page;
  2. locate the Promotional Post on the Promoter’s Facebook Page;
  3. as per the instructions on the Promotional Post as a direct comment to the Promotional Post:
  1. Like the post
  2. Tag a friend in the comments who would also love a chance to win
  3. Follow @befrankpets and @mango.thecavoodle, @onatahdachschund, @geri.cat, and @itstwiggytheiggy

Instagram

  1. visit the Promoter’s Instagram Page;
  2. locate the Promotional Post on the Promoter’s Instagram Page;
  3. as per the instructions on the Promotional Post as a direct comment to the Promotional Post:
  1. Like the post
  2. Tag a friend in the comments who would also love a chance to win
  3. Follow @befrankpets and @onatahdachschund
  1. An Eligible Entrant can enter as many times as they wish during the Promotional Period. An Eligible Entrant can submit their entry on either the Promoter’s Facebook Page or the Promoter’s Instagram Page (Platforms).
  1. All entrants and entries must comply with these Terms and Conditions.
  1. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, incomprehensible or false entries will be deemed invalid (subject to the Promoter’s discretion under clause 14).

  2. The Promoter may, in its absolute discretion:
    1. verify the validity of entries and entrants (including an entrant’s identity, age and place of residence); and
    2. ignore or disqualify any entry which it deems to be offensive or inappropriate (including but not limited to content that includes profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory language), or otherwise tampers with the entry process or the operation of the Competition, or which otherwise does not comply with these Terms and Conditions.
  1. Errors and omissions may be accepted at the Promoter’s discretion.
  1. The Promoter is not responsible for late, lost or misdirected entries.
  1. 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.

  2. Entry and continued participation in the Competition 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 Terms of Use, which can be viewed at https://help.instagram.com/581066165581870.

Judging, Winners and Prizes

  1. The Competition is a game of skill and chance plays no part in determining a Winner (as defined below). Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of any claims that they infringe any third-party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
  1. Judging will occur at the Promoter’s premises at 5:00pm (AEDT) on Wednesday 22nd of May 2024 at 5pm (AEDT) (Judging Day).

  2. On the Judging Day, a representative of the Promoter will select one (2) Eligible Entrants who, in the Promoter’s absolute discretion, best satisfies the Entry Brief (the Winners). In total, two (2) Winners will be selected as part of the Competition.

  3. Each Winner will receive a prize as set out in Attachment B (each a Prize). See Attachment B for a full list of the Prizes that the Promoter may award for First Prize and Second Prize.

  4. There are two (2) Prizes available in total. The total prize pool of the Competition is valued at AUD $800.00 (incl. GST) for Dog owners, and AUD $440.00 (incl. GST for Cat owners).

  5. If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute a Prize for another prize of equal or greater value and/or specification.
  1. By accepting a Prize, the Winner confirms it has and continues to accept these Terms and Conditions. A Prize is not transferable or exchangeable and is not redeemable for cash.

  2. A Prize must be used on or before its nominated expiry date and if not used, the value of the Prize is forfeited.
  1. It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize (including any terms and conditions imposed on the Prize).
  1. Once awarded, the Promoter is not liable for any Prize that has been lost, stolen, forged, damaged or tampered with in any way.

  2. Each Winner will be notified via direct message on the Platform they submitted their entry that they have been selected as a Winner by 5:00pm (AEDT) on Friday 24 May 2024. The Promoter reserves the right to “share” the content of each Winner on Facebook or Instagram by 5:00pm (AEDT) on Monday 27 May 2024, on the Promoter’s Facebook Account and on the Promoter’s Instagram Account.
  1. If a Winner is not able to satisfy these Terms and Conditions, or forfeits or fails to accept their respective Prize by 11:59pm (AEDT) on Sunday 02 June 2024, then they will be deemed to have forfeited their Prize and an alternative winner or winners will be selected by a representative of the Promoter (each an Alternative Winner).

  2. Each Alternative Winner will be contacted via direct message on the Platform they submitted their entry by 4:00pm (AEDT) on Monday 03 June 2024, via the Promoter’s Facebook Account or on the Promoter’s Instagram Account (as applicable).
  1. The Promoter reserves the right to “share” the content of each Alternative Winner on Facebook or Instagram by 5:00pm (AEDT) on Tuesday 04 Tuesday 2024, on the Promoter’s Facebook Account and on the Promoter’s Instagram Account.
  1. Each Winner or Alternative Winner (as applicable) will receive their Prize by the method prescribed in Attachment B.
  1. The Promoter’s decision is final and no additional correspondence will be entered into except as required by law.


Privacy

  1. The Promoter collects personal information (PI) in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://befrankpets.com.au/privacy-policy/.
  1. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  1. The Promoter’s Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.

  2. By participating in this Competition, each Winner and Alternative Winner agrees to their name on Facebook or username on Instagram and their entry being published on the Promoter’s social media channels and for promotional purposes and media editorial requests regarding this Competition, without compensation.

Intellectual Property

  1. By participating in this Competition, each entrant:
    1. grants to the Promoter (including each entity in the Hypro (Aust)) a worldwide, non-exclusive, royalty-free, licence-fee-free, sub-licensable transferable, perpetual and irrevocable licence to use, copy, store, reproduce, modify, publish, distribute, broadcast, commercialise and otherwise exploit the content and materials submitted by the entrant in the Competition (including the entrant’s name, comments and image) for any purpose (including marketing, promotional and other business purposes);
    2. agrees that the Promoter (including each entity in the Hypro (Aust)) may do, or omit to do, any act in respect of content submitted by the entrant as part of the Competition, which would otherwise be an infringement of the entrant’s moral rights, including failure to attribute the entrant as the author of the content, which content the Promoter (including each entity in the Hypro (Aust)) may publish and/or edit for, legal or business reasons; and
    3. warrants and agrees that the work submitted by them in the Competition, is the entrant’s original work, and does not infringe any rights (including intellectual property rights) of any third party, and is not misleading or deceptive, fraudulent, discriminatory, defamatory, abusive, harassing, threatening, obscene, indecent or otherwise unlawful. Each entrant indemnifies the Promoter (including each entity in the Hypro (Aust)) against any loss, damage, or expense, incurred by the Promoter (including each entity of the Hypro (Aust)), arising from or in connection with a breach of this clause by that entrant.

General

  1. If the Competition 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Competition.

  2. The Promoter is not responsible for any consequences arising as a result of any entrant’s decision to participate in the Competition.
  1. Subject to clause 42, the Promoter and each entity in Hypro (Aust) (including their respective officers, employees and agents) excludes all liability (including negligence) limits its liability 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, including, but not limited to, where arising out of the following: (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 Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter); (d) any variation in the Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant; or (f) use of the Prize.
  1. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA, or any other applicable legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions in respect of goods and services supplied (if any), the Promoter’s liability for breach of such a condition, warranty, other term or guarantee is limited to (at the Promoter’s election) to the extent it is able to do so: (1) in the case of supply of goods, the Promoter doing any one or more of the following: (a) replacing the goods or supplying equivalent goods (b) repairing the goods (c) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (d) paying the cost of having the goods repaired; or (2) in the case of supply of services, the Promoter doing either or both of the following; (a) supply the services again; and/or (b) paying the cost of having the services supplied again. To the extent the Promoter is unable to limit its liability as set out in the previous sentence, the Promoter limits its liability to the extent such liability is lawfully able to be limited.

  2. Any entry or attempt to register using electronic means, information technology or other means contrary to the spirit of the Competition (e.g., computer piracy, mass emailing, etc.) will be rejected automatically and could be referred to the judicial authorities of competent jurisdiction. Every automated entry will be flagged and rejected.
  1. The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. By entering the Competition, and to the extent permitted by law, entrants hereby release Facebook and Instagram from any claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, in respect of the entrant’s participation in the Competition or any entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s). Any questions, comments or complaints about the Competition must be directed to the Promoter and not to Facebook or Instagram.
  1. These Terms and Conditions are governed by the laws of New South Wales, Australia. Each entrant (whether or not an Eligible Entrant) submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
  1. Further information about the Competition is available at:
    Email: hello@befrankpets.com.au

ATTACHMENT A – PARTICIPATING PRODUCTS.

CodeBarcodeProduct Name
36689343053003668Be Frank Cat Kangaroo & Turkey 3kg
36759343053003675Be Frank GF Cat Mackerel & Salmon 2.5kg
35219343053003521Be Frank Dog Adult Kangaroo & Lamb 20kg
35529343053003552Be Frank Dog Adult Large Breed Salmon & Sardine 20kg
35459343053003545Be Frank Dog Adult Salmon & Sardine 20kg
36379343053003637Be Frank Puppy Turkey, Salmon & Sardine 20kg
35909343053003590Be Frank GF Dog Adult Duck & Turkey 15kg
36139343053003613Be Frank GF Dog Adult Kangaroo Single Protein 15kg
35769343053003576Be Frank GF Dog Adult Salmon & Sardine 15kg
36519343053003651Be Frank GF Puppy Turkey & Chicken 15kg
First Prize Winner  1Dog Owner:
A 1-year supply of Be Frank Dog or Puppy food. Option to select one flavour per Attachment A (above).
Comprises: 5 x 15-20kg bags to the maximum value of AU $800.00. Based on the average 15kg adult dog, maintenance diet.Food supply prize will be delivered through a coupon to be redeemed online or in store with Petstock.
  Cat Owner:
A 1-year supply of Be Frank Cat or Kitten food. Option to select one flavour per Attachment A (above).
Comprises: 11 x 2.5-3kg bags to the maximum value of AU $440.00. Based on the average 5kg adult cat, maintenance diet.    Food supply prize will be delivered through a coupon to be redeemed online or in store with Petstock