'Free To Create' Promotion

  1. Information on how to enter and prizes form part of these Terms and Conditions.
  2. By participating in the promotion, entrants acknowledge that they have read and understood these Terms and Conditions; and agree to be bound by them.  Entries must be submitted in accordance with these Terms and Conditions to be valid.
  3. The promotion commences on 05/09/2019 at 10.00am Australian Eastern Standard Time (AEST) and entries close on 11/09/2019 at 9:00am AEST (Promotion Period).
  4. The promotion is only open to "Eligible Entrants".  Subject to these Terms and Conditions, an Eligible Entrant is a person who (a) is an Australian resident; (b) is 15 years of age or older at the time of entry; (c) has obtained permission to enter this promotion from a parent/legal guardian if under 18 years of age at the time of entry; (d) operates an account with Instagram; (e) can participate as a finalist on 13/09/2019 at 5.30pm (AEST) at World Square, Sydney (Event); and (f) submits their entry into this promotion in accordance with these Terms and Conditions.
  5. Employees, managers and directors of the Promoter and its related companies and suppliers and agencies involved in this promotion are not Eligible Entrants, nor are their immediate families.
  6. Only one entry per person is permitted.
  7. This promotion is a game of skill, and chance plays no part in determining the finalists.  To enter, an Eligible Entrant must during the Promotion Period:
  1. access the Instagram application on your smart phone or tablet;
  2. create a video (max 1 minute) of you showing how you are 'free to create' by either rapping an original song (Rap Entry) or doing a basketball trick shot (Basketball Entry); and
  3. send the video via direct message from your personal Instagram account to @adidasau with the hashtag #freetocreate.
  1. The video must be sent from your camera roll/library and will not be deemed to be a valid entry if it is sent as a disappearing video.  You must not include any other person in your video.
  2. The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability.
  3. All entries become the property of the Promoter at the time of sending the video.
  4. Entries will be judged based on creativity, skill and originality.  The finalists will be the best 2 valid Rap Entries and the best 2 valid Basketball Entries as determined by a panel of judges comprising representatives of the Promoter (Finalists).  The Promoter's decisions are final and no correspondence will be entered into.
  5. Finalists will receive the opportunity to participate at the Event at 5.30pm (AEST) on 13/09/2019. For the avoidance of doubt, flights, transfers and accommodation are not included. You must make your own way to and from the Event at your own cost.
  6. The Finalists will be notified by direct message on the Instagram application by 10.00am on 11/09/2019, and will be requested to provide their phone number and email to the Promoter.  The Promoter may announce the names of the Finalists on Instagram. Any Finalist that is aged under 18 years old must be accompanied by their parent or guardian at all times.
  7. If a Finalist has not accepted or claimed their opportunity to participate at the Event 3.30pm (AEST) on 11/09/2019, or if, after making all reasonable attempts, the Promoter can't contact a Finalist (or a Finalist does not contact the Promoter), the relevant entry/ies will be discarded, and the Promoter will re-award the Finalist opportunity/ies to the person who submitted the next best valid entry who has not already been determined a Finalist.
  8. The 2 Rap Finalists will perform live on stage at the Event to face off against each other in a rap battle. Each Finalist should bring their own sound track on their smartphone or USB if they wish to rap over their own original music.  Each rap should be the Finalist's original work and be no longer than 1 minute. Rap Finalists’ performances at the Event will be judged based on performance, preparation, originality and creativity as determined by a panel of judges comprising representatives of the Promoter
  9. The 2 Basketball Entries will participate in a best of 3 basketball shoot out at the Event. The Major Winner will be the person who has scored the most hoops out of 3. If both Basketball Entries score the same number of hoops, they will compete in further best of 3 basketball shootouts until a winner is determined.
  10. Two major winners shall be chosen, consisting of one major winner from the Rap Finalists and one major winner from the Basketball Finalists (Major Winner). The Promoter's decisions are final and no correspondence will be entered into. 
  11. Each Finalist that is not determined a Major Winner will be a runner up winner.
  12. Runner up winners will each receive a $500 adidas gift card and 1 x limited edition Damien Lillard t-shirt ($50) (Runner Up Prize).
  13. Major Winners will each receive a $1,000 adidas gift card, 1x adidas basketball signed by Damian Lillard ($50), 1 x  new Dame6 shoes, when released in Australia ($180 (to be delivered to the winner at the time of release at the Promoter's cost) and 1 x limited edition Damian Lillard t-shirt ($50) (Major Prize).
  14. The Major Prizes and Runner Up Prizes will be awarded to the winners at the Event (excluding the Dame6 shoes).
  15. Total prize pool valued at $3,660.
  16. Any additional costs associated with prize fulfilment (including but not limited to flights, travel to and from the Event, accommodation, meals, drinks, transfers, spending money, travel/health insurance (including excesses) and any and all other incidental and/or ancillary costs) are the sole responsibility of the Finalists. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as the result of the conduct of the prize suppliers.
  17. If a Finalist is under the age of 18 years, the prize will be awarded to the Finalist's nominated parent/legal guardian on the Finalist's behalf.  During the entire duration of the prize, a nominated parent/legal guardian must accompany the Finalist as his or her companion. 
  18. Before the Event or before the prize is awarded, entrant/s selected as the Finalists (and their parent/legal guardian if aged under 18 years) will be required to sign a release and indemnity agreement, the terms of which will be determined by the Promoter in its absolute discretion.  Failure to sign the release and indemnity agreement will result in disqualification from eligibility as Finalists.  
  19. The Promoter will use all reasonable efforts to contact an Eligible Entrant selected as a Finalist but accepts no responsibility if an Eligible Entrant cannot be contacted.  If an Eligible Entrant selected as a Finalist cannot be contacted, or is unable to accept any element of the prize or is disqualified from eligibility as the Finalist of the prize pursuant to these Terms and Conditions, then that Eligible Entrant will forfeit the prize in its entirety and the Eligible Entrant with the next best entry (as determined by the judging panel) will be selected as the Finalist.  The Promoter will not be liable for an Eligible Entrant who cannot be contacted or is disqualified from eligibility and therefore forfeits their prize and no correspondence will be entered into.
  20. Each prize must be taken as stated and no compensation will be payable if a Finalist, Major Winner or runner up winner is unable to use the prize, or any element of it, as stated.   The Promoter reserves the right to substitute the prizes in whole or in part for something of equal or greater value in the event that any component of the prize is unavailable (subject to any applicable legislation).  Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product.  The prize cannot be sold to any other person (including by online auction or private sale).   Unused portions of prizes will be forfeited and no compensation will be payable in lieu of that element of the prize.
  21. Dame6 shoes will only be delivered to addresses in Australia.  They will be sent by post from the Promoter's head office to the address provided by the Major Winner.  Major Winners should allow until 31st December 2019 for delivery of their Dame6 shoes. Once the shoes have left the Promoter's premises, the Promoter takes no responsibility for Dame6 shoes damaged, delayed or lost in transit.
  22. Nothing in these Terms and Conditions limits, excludes or modifies any rights under the Australian Consumer Law or other applicable law.  Except for any liability that cannot by law be excluded (in which case that liability is limited to the maximum extent allowable by law), the Promoter (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person's negligence) arising in any way out of or in connection with the promotion, the awarding or provision of any prizes, use of or participation in any of the prizes or the marketing of the promotion.
  23. The Promoter reserves the right to disqualify any entries in its absolute discretion.  For example, the Promoter may disqualify: (a) any entrants or entries that tamper with, or attempt to tamper with the entry process; (b) incomplete, indecipherable or illegible entries or entries containing  false information or incorrect contact details; (c) any entries that contain material that is obscene, indecent, objectionable, defamatory, libellous or otherwise contravenes an applicable law or infringes any third party's rights; and (d) any entries that the Promoter considers inappropriate for any reason.
  24. The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by 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.  The identification necessary for verification is at the sole discretion of the Promoter.  Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  25. All entrants who are selected as Finalists consent to the Promoter using their name, image, likeness, character, voice, promotion entry or anything else that identifies them without remuneration in any media worldwide (including without limitation in national print media, on the Promoter's website and in other promotional material) for a reasonable time to publicise this promotion (including any outcome).
  26. Privacy Statement.  The Promoter collects entrants' personal information, and may disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and related bodies corporate, in order to conduct, administer and publicise the promotion.  By entering the promotion, entrants consent to the Promoter using their personal information and sending them information in accordance with the Promoter's Privacy Policy (available at http://www.adidas.com.au/help-topics-privacy_policy.html) and otherwise agree to the terms of the Promoter's Privacy Policy.  Without limitation, the Promoter and its related bodies corporate may, for an indefinite period unless and until otherwise advised by the entrant, use entrants' personal information for marketing, advertising and opinion research purposes, including sending electronic messages or telephoning the entrant.  This includes sending entrants information about adidas Group products.  Entrants can advise the Promoter at any time if they no longer wish to receive marketing communications from the Promoter, by contacting the Promoter at the address below or in accordance with the Promoter's Privacy Policy.  Some of the Promoter's agents, contractors, service providers, prize suppliers and related bodies corporate may be located overseas, including in Germany and/or the United States, and as a result the entrant's personal information may be disclosed overseas.  If an entrant does not provide the information requested, they may not be able to enter the promotion.   The Promoter's Privacy Policy contains information about how entrants can gain access to or seek correction of personal information that the Promoter holds about them.  It also contains information about how entrants can make a privacy complaint and how the Promoter will deal with it.
  27. Each entrant must comply with these Terms and Conditions.  Each entrant indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms and Conditions.
  28. The Promoter does not accept any responsibility for late, lost, incomplete, incomprehensible, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.  All entries are deemed to be received at the time of receipt in the promotional database.
  29. The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination of these, or any other technical failures including any damage to an entrant's (or any other person's) mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.  Entrants acknowledge that the Internet is not a secure medium and that the Promoter is not responsible for the security of on-line entries.
  30. If for any reason this promotion is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any applicable legislation.
  31. The Promoter’s decision on all aspects relating to this promotion is final and no correspondence will be entered into.
  32. Entrants acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, and release Instagram from all liability arising in respect of the promotion.
  33. The Promoter is adidas Australia Pty Ltd (ABN 80 058 390 659) of Level 1, 37 Dunlop Road, Mulgrave, Victoria 3170.