1. General 

1.1 The promoter responsible for the publication and adjudication of the Heinz Human Pickle Talent Competition (this “Competition”) and the provision of the prizes is H.J. Heinz Company Australia Limited (ABN 87 004 200 319) of L27 2 Southbank Blvd, Southbank, VIC, 3006 Australia (the “Promoter” or “Heinz Australia”).

1.2 Information on how to enter this Competition forms part of these Terms and Conditions. By entering this Competition, each Entrant accepts and agrees to these Terms and Conditions and the decisions of the Promoter, which shall be final in all matters.

1.3 Entry is only open to Australian residents and citizens aged 18 years and over, who currently reside in Australia at the date of this Competition and hold a current Australian Passport and/or proof of Australian residency. Employees of the Promoter and 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 first cousin.

1.4 Entry and continued participation in the Competition is dependent on Entrants following and acting in accordance with the instructions of the Promoter.

1.5 The Competition starts on 24 July 2024 00.01 AEST and closes at 23.59 AEST on 31 July 2024 AEST (“Competition Period”). All times and dates are times and dates in Sydney. Submissions received after the closing date will not be accepted. The Promoter reserves the right to vary the Competition Period or to terminate the Competition at any time.

2. How To Enter

2.1 To submit a valid entry to this Competition (“Submission"), an individual who enters this Competition (“Entrant”) must answer the following prompts in their Submission:

- First name

- Last name

- Mobile number

- Email

- Postcode

- Share a short video via @Heinz_au Instagram direct messages that proves their boundless love for the taste of both pickles and Heinz Ketchup, their willingness to rock a pickle suit in public and their overall presence on camera. 

- Agree to have their information shared in accordance with clauses 8.1, 8.2 and 9.5, confirm that they are over 18 years old and and that they have read and accept these Terms and Conditions in full

- Have a current Australian passport and/or proof of Australian residency. 

2.2 Parents/Guardian may not enter on behalf of their minor child.

2.3 All entries must be received during the Competition Period.

2.4 No purchase is necessary to enter or be selected in this Competition.

2.5 Any data usage fees in accessing and completing the Submission are at the cost of the Entrant. 

3. Submissions

3.1 Each Submission must be the original and sole creation of the submitting Entrant, and all rights, title and interest including but not limited to copyright in the production works, words, and film stories contained in any Submission must be owned solely by the Entrant (and not contain any “fanfiction” or “adaptations”).

3.2 Incomplete, indecipherable, incorrect, and illegible entries will at the Promoter's discretion be deemed invalid and not eligible to win. Submissions 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 Submissions by that individual invalid.

3.3 Each Submission represents solely the views and opinions of the individual Entrant and does not reflect the views and opinions of the Promoter in any manner. To the extent permitted by law, the Promoter expressly disclaims any and all liability in conjunction with screening, monitoring or reviewing the content of the Submissions.

3.4 Individuals cannot enter multiple times and must be over the age of 18 years.

3.5 Entrants (including Shortlisted Entrants) will be required to provide proof of identity and Australian residency or citizenship to verify their Submission (“Proof of Identity”). Identification considered suitable for verification is at the Promoter’s discretion. Entering under a false name will invalidate the Submission. Multiple Submissions under different names and or different emails from the same residential addresses will also invalidate Submissions at the Promoter’s discretion. If an Entrant fails to provide sufficient Proof of Identity by the time and date stipulated by the Promoter, the Entrant’s Submission will be deemed invalid at the Promoter’s sole discretion.

3.6 The Promoter reserves the right, at any time, to verify the validity of Submissions and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

4. Shortlist

4.1 Five (5) Entrants (“Shortlisted Entrants”) will be selected manually in accordance with the Judging Criteria in clause 5.4 by the Heinz Australia team based on the quality and originality of the video and their passion for the taste of Pickles. The selection of the Shortlisted Entrants is final and binding on all Entrants – no correspondence will be entered into.

4.2 The Shortlisted Entrants will be notified by email to the email address provided in their Submission on or around 1/08/2024. Other potential Shortlisted Entrants, including reserve and replacement Shortlisted Entrants, may be notified by email at any time. Each Shortlisted Entrant must accept by responding to the email notification no later than the end of the next business day after sending of the notification in order to qualify as a Shortlisted Entrant.

4.3 Each Shortlisted Entrant must agree to provide all the documents and information and participate in all the activities outlined in these Terms and Conditions for Shortlisted Entrants. Relevant instructions will be sent to the Shortlisted Entrants. Each Shortlisted Entrant is required to reply within 24 hours of receiving the instructions from the Promoter with their full name, date of birth, mobile number and postal address (for postal purposes) in order to remain qualified as a Shortlisted Entrant.

4.4 The Shortlisted Entrants must also, within 72 hours after sending by the Promoter, sign and return a consent form provided by the Promoter or its agency in order to remain qualified as a Shortlisted Entrant. The consent form will include a confirmation that the Shortlisted Entrant does not have a criminal record and consents to a National Police Check. 

4.5 If for any reason any Shortlisted Entrant does not take the actions required under this clause 4 within the required time frames, the Shortlisted Entrant will be removed from further participation in this Competition, and no compensation will be due or payable to that individual.

4.6 All communication by the Shortlisted Entrants to the Promoter or its agents must be via email to the email address specified by the Promoter. Any communication using different means or to a different address may be disregarded and may result in a Submission being invalidated.

5. Winner Determination and Notification

5.1 There will be one (1) person selected as the winner of this Competition (“Winner”) by the Promoter. 

5.2 The Winner will be notified by email by 5th August 2024 to the email address provided in their Submission.

5.3 In the event that the Winner selected through this method is disqualified or otherwise does not comply with these Terms and Conditions, the Promoter will in its discretion select another Shortlisted Entrant as the Winner based on the Promoter’s judgment of the originality and creativity of their Shortlisted Content.

5.4 Judging criteria:

• The most original video demonstrating an irrational love of the taste of pickles and Heinz Ketchup

• A unique visual approach to applying for the Human Pickle Talent Competition

• Display of confidence on camera 

• Elements of humour and entertainment in video 

5.5 The Promoter reserves the right to select more than one (1) Winner in its discretion.

5.6 The selection of the Winner is final and binding on all Entrants – no correspondence will be entered into.

5.7 This Competition is a game of skill. Chance plays no part in determining the Winner.

6. Prize

6.1 The Winner will receive: - Return economy flights from Sydney to Valencia 

- Airport car transfers 

- 1 x ticket to LA TOMATINA DE BUÑOL, 28 August 2024

- 3 x nights accommodation in Valencia or Bunol

- Travel insurance for 3 x days in Spain

- Daily per diems for 3 x days in Spain & 2 x travel days up to the value of AUD$150 per day

- Talent fee of $2000 + super, payroll tax, and workers compensation.

(“the Prize”).  The total value of the Prize is approximately AUD$6,700 (subject to travel cost and currency conversion or fluctuations).

A representative of the Promoter’s agency will accompany the Winner on flights. The Winner will be required to enter into a short-term Talent Agreement with the Promoter’s Talent Agent for the relevant period during August 2024 to October 2024 during which the Winner will attend the event and participate in the media and publicity activities specified in clause 7. 

6.2 The Prize is not transferable, exchangeable or redeemable for cash.

6.3 Prize/s are subject to any additional terms and conditions imposed by the relevant third party supplier of any component of the Prize or the Promoter or its agencies.

6.4 The Winner acknowledges that the Promoter may have legitimate reasons which may require the Promoter to change the Prize fulfilment date and/or time. In these circumstances, the Prize fulfilment date and times are subject to change with notification to the Winner.

6.5 Prize Substitution: The Prize available in this Competition must be accepted as awarded. No substitutions or transfers of the Prize is permitted  by the Winner. If the Prize (or part of the Prize) is unavailable or cannot be awarded for any reason, the Promoter reserves the right, in its sole discretion, to substitute and/or modify the Prize (or that part of the Prize) with a prize of at least equal value without liability. 

6.6 As part of the Prize, The Winner must agree to wear a full-body costume supplied by the Promoter that covers the entire body, including hands, feet, and head.

7. Publicity and Media Participation

7.1 By entering a Submission each Entrant agrees that the Promoter and its designees may use the name, city, state, likeness, Submission and Prize information of the Winner and each Shortlisted Entrant for promotional, advertising or other purposes in connection with the Competition, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without payment, notification, permission or other consideration, except where prohibited by law.

7.2 By entering a Submission each Entrant agrees, if selected as the Winner to participate in interviews with Australian media interviewers during the period from August 2024 to October 2024 subject to reasonable notice of such interviews being provided by the Promoter or its agents. For the avoidance of doubt, interviews can be attended in person, virtually or via a call, and the method of attendance is to be determined by the Promoter, acting reasonably, having regard to the expenses associated with attendance at the interview. Each Shortlisted Entrant agrees to attend interview briefings arranged by the Promoter in preparation for the interviews.

7.3 The Promoter may contact any Entrant who is not shortlisted to discuss use of the Entrant’s Submission in any media, whether or not in connection with this Competition, subject to the Entrant’s written consent.

7.4 By entering a Submission each Entrant agrees, if selected as the Winner or as a Shortlisted Entrant, to provide any additional information or materials reasonably requested by the Promoter to post on the Promoter’s digital and social platforms as well as boosted content.

7.5 The Promoter or its agents (including photographers, producers or directors) may take recordings and photographs and produce advertising material that may feature the Entrant’s image, voice, likeness and performance. Any such materials including all intellectual property rights therein shall be the sole and absolute property of the Promoter or its nominees, and the Promoter or its nominees and/or agents may produce, edit, modify, publish, broadcast, distribute and use such materials in any media in perpetuity in the manner they may decide.

7.6 Participants must comply with all reasonable directions of the Promoter’s photographers, producers or directors throughout production and filming of advertising or media material. 

7.7 Participation includes but is not limited to up to 40hrs of filming and photography, including but not limited to: costume fittings, interviews, travel and La Tomatina festival participation.

8. Intellectual property and licence

8.1 By entering a Submission each Entrant agrees, if selected as the Winner or as a Shortlisted Entrant, to grant the Promoter and its related bodies corporate a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the recipe, images and video included in their Submission (the “Submission Content”) and all photographs, records, and other captures of their involvement in this Competition (together with the Submission Content, the “Content”) in any media or format, whether now known or later developed, for the purposes of promoting this Competition, the Promoter and its related bodies corporate, and their products.

8.2 By entering Submission each Entrant grants a license to the Promoter for the use and adoption of their Content for the purpose of conducting this Competition, and for their name to be posted on the Internet or any website in connection with this Competition, and the advertising, promotion, and publicity of this Competition, and otherwise, as stated in these Terms and Conditions.

8.3 Each Entrant warrants to the Promoter that the Submission Content is an original work of the Entrant that does not infringe the intellectual property or other rights of any third party. Entrants consent to any use of their Submission Content as contemplated within these terms which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

9. Miscellaneous

9.1 Subject to applicable law, the Promoter reserves the right to withdraw or amend this Competition as necessary due to circumstances outside its control. The Promoter will provide notice of such withdrawal or amendment.

9.2 If this 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its discretion, to disqualify any Entrant or to modify, suspend, terminate or cancel this Competition, as appropriate.

9.3 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any applicable statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any applicable consumer protection laws in the States and Territories of 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 this Competition and/or the Prize. 

9.4 Privacy: The Promoter respects the Entrants’ right to privacy. Personal information collected from Entrants (including but not limited to names, age, mailing addresses, telephone numbers, and email addresses) will only be used for the purpose of administering this Competition and conducting publicity about this Competition, including without limitation the uses described in clause 7 and clause 9.5. By entering this Competition, Entrants consent to the Promoter's collection, use, and disclosure of their personal information for these purposes. 

The Promoter's Privacy Policy is available at https://www.kraftheinz.com/en-AU/privacy-policy(opens in a new window).

9.5 Consent to use of Content: Each Entrant acknowledges that, if selected as the Winner or as a Shortlisted Entrant, the Entrant consents to being photographed, filmed, recorded or otherwise captured in any media (for the purpose of this clause “Content”), and consent to the use of such Content in broadcasts, photographs, publications, internet websites, social media platforms, or other commercial, advertising or promotional materials concerning this Competition or the promotion of the Promoter’s product. By entering this Competition each Entrant grants permission for their likeliness and voice to be included in such media and materials throughout the world in perpetuity without compensation, credit or other consideration.

9.6 Limitation of Liability: By entering this Competition, Entrants accept and agree to these Terms and Conditions and the decisions of the Promoter, which shall be final. The Promoter accepts no responsibility or liability for entries/Submissions that are lost, damaged, corrupted, delayed, illegal or which are unable to be submitted, received or processed due to software or hardware failure or for any other reason or cause beyond its control including unavailability of the Promoter’s websites or the social media platform on which this Competition is advertised.  The Promoter and its agents are not responsible for other errors in the administration of the Competition or announcement of the Prize, or for any technical, hardware, or software malfunctions, computer viruses, bugs, tampering, unauthorized intervention, fraud, lost or unavailable network connections caused by the sender or any equipment or programming associated with or utilised in this Competition, or by any human error which may occur in the processing of Submissions, or any other cause beyond the reasonable control of the Promoter that interferes with the proper conduct of the Competition as contemplated by these Terms and Conditions.

9.7 All taxes on the Prize including the talent fee component of the Prize, if any, are the sole responsibility of the Winner.

9.8 All communications with the Winner, Shortlisted Entrants and other Entrants may, at the Promoter’s discretion, be conducted by the Promoter’s agents on behalf of the Promoter.

9.9 This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. The owners and operators of Facebook and Instagram are completely released from all liability by each Entrant in this Competition. Any questions, comments or complaints regarding this Competition must be directed to the Promoter and not to Facebook or Instagram.

9.10 The laws of Victoria, Australia apply to this Competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Victoria, Australia.

9.11 If the engagement is cancelled through no fault of the Participant or Contracting Parties, the contract shall be cancelled and no payment or renumeration to the Participant applies.

10. Performer’s obligations, liability and warranties

10.1 The Winner (referred to in this clause 10 as “the Performer”) must adhere to all safety instructions provided by event organizers at https://www.tomatofestivalspain.com/(opens in a new window) and must conduct themselves at all times in a safe manner that does not endanger themselves or others.

10.2 The Performer acknowledges and accept the risks associated with attending, performing, participating and/or running through the venue for the event in a costume. 

10.3 The Performer warrants that; 

• The Performer will perform their obligations under these Terms and Conditions and the talent agreement entered into the Promoter’s talent agent in a Professional Manner (as defined below). For this clause "Professional Manner" means a manner that is consistent with professional standards in the advertising industry. For example (and without limitation) the following conduct by the Performer would be considered to be a failure to act in a Professional Manner: 

  • i. being under the influence of any substance that impairs their ability to participate in filming or photography including, but not limited to, illicit or illegal drugs or alcohol; and/or 

  • ii. engaging in uncooperative, disruptive, negligent or malicious behaviour at any time during Prize travel, participation in the event or post-event publicity related activities including photography or filming which results, either directly or indirectly, in any delay, loss or cost to the Promoter or its agents. 

• The Performer has fully disclosed any matters and circumstances that may render the Performer unsuitable for the role or that may adversely affect the Promoter or its agents or be likely to bring the Promoter, or its business or brands into disrepute. 

• Right to Work: The Performer represents, warrants and agrees that the Performer has the right to work in Australia and that in relation to the advertising or media activities in connection with this Competition and the promotion of Heinz and will cooperate in any way reasonably required by the Promoter or its agents pursuant to relevant legislation, including providing genuine unaltered documents and promptly complying with any requisite checks to verify the Performer’s right to work. 

10.4 Confidentiality: Each Entrant (including if selected as the Winner or as a Shortlisted Entrant) acknowledges and agrees that all information relating to the advertising material created as a result of this Competition or associated promotional activities, photography, filming or production of advertising or publicity material, any Heinz Australia’s products, the Promoter or its agents, these Heinz Human Pickle Talent Competition Terms and Conditions and any other material or information that may come into an Entrant’s possession or knowledge as a result of participating in this competition or in the event as a Winner (Performer) shall remain strictly confidential, and shall not be disclosed to any person, or used in any other way, unless and until it lawfully becomes part of the public domain. This confidentiality clause prohibits discussion about this Competition or promotion, the event or publicity activities prior to, during or after the event on any Social Media or in any other media or format whatsoever. The posting of any photos, videos or comments in any media directly pertaining to the Heinz Australia product or advertising material is prohibited unless prior written consent is obtained from the Promoter or its agents. 

11. Competition terms and conditions: These Terms and Conditions are available on https://heinz.com/en-AU/Pickletalentcompetition-rules(opens in a new window).