MOOD tea x AiMCO Awards Competition

To all the creators out there, welcome to the MOOD tea x AiMCO Awards competition. We know you'll be brewing up some creative ideas and we can't wait to see them.

MOOD is a registered charity, who are on a mission to combat the statistic that suicide is the leading cause of death for young people. MOOD has created a range of brews, with all profits from tea sold, funding youth mental health programs. These programs give young people the skills they need to better manage their mental health.

The competition brief is to increase awareness of our MOOD brand, showcasing that there is a MOOD tea to suit your mood anytime of the day, whether it’s to kickstart your morning, unwind or sleep, based on the known benefits of the ingredients in the tea. The content should demonstrate how these moods may impact your day for the better. The aim is to showcase, through content, the role tea can play throughout the day, based on your mood.

MOOD is optimistic about the future, and every person’s ability to make positive change. Our tone needs to be both authentic and uplifting to reflect this. 

Entry mechanic is by uploading your reel or post to Instagram. Make sure you are following @moodgoods.au, tag us @moodgoods.au and upload with the hashtags #SipWithPurpose, #MoodxAiMCOAwards and #ad in the post or the reel. View full entry details and terms and conditions below. Entering the competition will grant MOOD permissions use your creations across their marketing.

Our brews:
Morning teas

• Jolly Good – English Breakfast: full of amino acids known to help kickstart your day. Tea is from the Daintree region in QLD, it’s our only naturally caffeinated brew.
• Get On Up – The caffeine free morning pick me up with Siberian ginseng to promote mental alertness and stimulate blood flow & lemon balm to help with anxiety

Afternoon Pick Me Up

• Happy Days - Ashwagandha, an ancient ayurvedic super-herb used to reduce cortisol, anxiety and stress, and boost energy.

Evening unwind tea

• Be Kind, Unwind – A blend of peppermint known to ease muscle tension, passionflower regulates mood and linden promotes relaxation.

Night time, pre-bed tea

• Sweet Lullaby – Calms, comforts and relaxes, with skullcap root known promote sleep, and relieve anxiety.

Terms & Conditions

These Terms and Conditions apply in respect of the MOOD tea x AiMCO Awards competition organised and promoted by the Promoter.

By entering the Competition, you agree that you have read, understood and agree to be bound by these Terms and Conditions.


1. Definitions

In these Terms and Conditions, unless otherwise provided:

a)  AEDT means Australian Eastern Daylight Savings Time.

b) AiMCO means the not-for-profit business operated by AMAA under the name Australia Influencer Marketing Council.

c) AMAA means Audited Media Association of Australia Limited (ACN 163 161 402).

d) Business Day means a day that is not a Saturday, Sunday, or a bank holiday or public holiday in Sydney, Australia.

e) Competition means the MOOD tea x AiMCO Awards competition, conducted by the Promoter.

f) Competition UGC means any user generated content which you upload to Instagram as your entry to the Competition, or is otherwise created by you and refers to or is related to the Competition in any way.

g) Competition Period means 8am AEDT on Wednesday, 14 February 2024 to 12:00pm AEDT on Friday, 23 February 2024.

h) Content Requirements are as follows:
          i. the content must promote the Promoter and encourage the entrant’s followers on Instagram to purchase and try the Promoter’s tea products;
          ii. the content must demonstrate the Creative Challenge;
          iii. the content may be still image or video format, and may be uploaded to Instagram as a post or a Reel (content uploaded as story will not be considered an entry to the Competition);
          iv. the content must not contain any music or any other creative elements which is not cleared for commercial use by the entrant, the Promoter and AMAA as contemplated herein;
          v. the content must not make any therapeutic or health claims about any of the MOOD tea products or the Promoter;
          vi. the content must not contain any profanity, negativity around mental health, including, but not limited to, text on mugs;
          vii. the content must not show or mention any other competitor brands to the MOOD tea products.

i) Creative Challenge means demonstrating or showcasing in your content uploaded as your entry to the Competition:
          i. that there is a MOOD tea brew to suit your mood anytime of the day, whether it’s to perk you up, unwind or sleep, based on the known benefits of the ingredients in the tea. The content should demonstrate how the known benefits of the ingredients in the tea may impact your day for the better. View the Promoter’s products via this link to learn more about the ingredients used in the tea and their known benefits - https://mood.org.au/collections/all;
          ii. the Promoter’s vision to significantly reduce the occurrence of youth suicide;
          iii. that all profits fund youth mental health programs; and
          iv. that all MOOD tea’s are made with natural ingredients only and all herbal brews are caffeine free, noting that the Jolly Good – English Breakfast tea is MOOD tea’s only brew that is naturally caffeinated.
          The content should be optimistic about the future and every person’s ability to make a positive change.

j) Eligible Entrants mean:
          i. Legal residents currently residing in Australia, who are over the age of 18 years and who have a public Instagram account; and
          ii. who are not a director, officer, employee, or contractor (or an immediate family member of a director, officer, employee or contractors) of the Promoter or of its related bodies corporate, or any of the agencies and companies associated with this Competition. Immediate family member means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.

k) Entry Method means ensuring you are following the @moodgoods.au Instagram account and personally creating content which meets the Content Requirements and:
          i. uploading that content to the entrant’s own Instagram account as a post or a reel;
          ii. tagging the @moodgoods.au Instagram account in the post or the reel;
          iii. including the hashtags #SipWithPurpose, #MoodxAiMCOAwards and #ad in the post or the reel;
          iv. adding the @moodgoods.au Instagram account as a collaborator of the post or the reel; and
          v. using the branded content tools to tag the @moodgoods.au Instagram account as a business partner.
          The content submitted as an entry to the Competition must remain live once uploaded until at least the date on which the Winner, or Replacement Winner (as the case may be), claims the Prize.

l) Judges mean the three representatives of the Promoter selected by the Promoter to judge the Competition.

m) Judging Criteria means the valid entry that meets all of the Content Requirements and best addresses the Creative Challenge, as judged by The Promoter.

n) Judging Period means from 1:00pm AEDT on Friday, 23 February 2024 until 12:00pm AEDT on Wednesday, 28 February 2024;

o) Promoter means Little Colossus Limited trading as Mood Tea (ABN 76 647 420 595) of 1-31 Saunders Street, Pyrmont, NSW, 2009 with contact phone number +61 407242061.

p) Prize means 1 x Ultimate MOOD Bundle (including 5 boxes each consisting of 10 tea bags with the following flavours: Happy Days, Be Kind Unwind, Sweet Lullaby, Get On Up, Jolly Good) (50 tea bags in total) valued at $30RRP (inclusive of GST) and 1 x individual registration in the AiMCO Influencer Marketing Essentials online course with the inclusions set out via this link - https://aimcoaccreditation.thinkific.com/pages/influencer-marketing-program, valued at $1,375 (inclusive of GST) if the winner is a member of AiMCO, or $2,145 (inclusive of GST) (if the winner is not a member of AiMCO) for an intake of the course that commences on or before 28 February 2025.

q) Replacement Winner has the meaning given to the term in clause 8(d) of these Terms and Conditions.

r) Total Prize Value means between $1,405 and $2,175, depending on whether the winner is a member of AiMCO.

s) Winner means the individual selected by the Judges as the winner of the Competition in accordance with these Terms and Conditions.

2. Competition Period

Entries to the Competition must be submitted during the Competition Period.


3. How to Enter

a) Entry to the Competition is open only to Eligible Entrants.

b) In order to enter the Competition, Eligible Entrants must, during the Competition Period, perform the Entry Method.

c) Entry 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 Eligible Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of the receipt of an entry into the Competition.

d) There is no limit on the number of times that an Eligible Entrant may enter the Competition. Each Eligible Entrant may perform the Entry Method any number of times to gain additional entries into the Competition.

e)The Competition is subject to compliance with all applicable laws and regulations.


4. Prize

a) The prize for the Competition is the Prize, valued at the Total Prize Value.

b) Enrolment of the Winner, or Replacement Winner (as the case may be) in the AiMCO Influencer Marketing Essentials online course is subject to the full terms and conditions for the course, which can be viewed via this link - https://aimcoaccreditation.thinkific.com/pages/terms-and-conditions. Each entrant agrees to accept the above mentioned terms in the event they are awarded the Prize.

c) The winner of the Prize may select its chosen intake of the AiMCO Influencer Marketing Essentials online course from any of the intakes offered by AMAA that commences on or before 28 February 2025, and the winner must notify the Promoter which intake it wishes to select when claiming the Prize.

d) The Prize is not refundable for cash and can only be used as specified. Any part of the Prize not used by the winner as specified herein will be forfeited.

e) The Promoter is not responsible for any fluctuations in the Total Prize Value based on any Prize suppliers changing the price of the products included in the Prize.

f) If any Prize (or part of any Prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

a) Entrants must only enter the Competition via their own Instagram account. Any entries deemed by the Promoter to have entered via a third party’s Instagram account may, at the sole discretion of the Promoter, either before or after the judging, be deemed invalid and disqualified.

b) Any entries submitted outside of the Competition Period or that fail to comply with the full Entry Method requirements will be invalid and disregarded.

c) All entries that are incomplete or fail to comply with these Terms and Conditions will be disqualified from the Competition.

d) The Promoter reserves the right to disqualify an entry at any time if the Promoter reasonably believes that the entrant is not an Eligible Entrant or has submitted a false or misleading entry or otherwise fails to claim the Prize as set out in these Terms and Conditions if they are selected as the Winner, or Replacement Winner (as the case may be).

e) The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
          i. fails to establish their entitlement to win the Prize to the Promoter's satisfaction (acting reasonably);
          ii. fails to comply with these Terms and Conditions;
          iii.appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process;
          iv.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 Promoter.

f) If this Competition is interfered with or tampered 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, strike, war, acts of God, any act of terrorism, or any other cause beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
          i.to disqualify any entrant; or
          ii.to modify, vary, suspend, postpone, terminate or cancel the Competition, as considered appropriate by the Promoter.

6. Judging

a) The Competition is a game of skill and chance plays no part in the selection of the ultimate winner of the Prize.

b) Each entry will be individually judged based on its merit.

c) The entries will be judged by the Judges during the Judging Period, which will take place at the Promoter’s premises, located at 1-31 Saunders Street, Pyrmont, NSW, 2009 and the Winner will be selected by the Judges by 12:00pm AEDT on Wednesday, 28 February 2024.

d) The Judges may determine a runner up winner and record the details of the runner up in the event the Winner is disqualified or fails to claim the prize as required under clause 8 of these Terms and Conditions."

e) The Judges will determine the Winner by applying the Judging Criteria.

f) The Judges’ decision is final, and no correspondence will be entered into.

7. Winner Announcement

a) The Winner will be notified that they have won the Prize in person at the AiMCO Awards to be held on Thursday evening, 29 February 2024 if they are able to attend. The Winner will also be notified in writing via direct message to the Instagram account they use to enter the Competition by 5:00pm AEDT on Friday, 1 March 2024. The Winner is not required to be in attendance at the AiMCO Awards in order to claim the Prize.

b) Unsuccessful entrants of the Competition will not be individually notified that they have been unsuccessful in the Competition.

c) The Promoter may publish the winning entry, the Winner’s name and social media handle, and the state of residence of the Winner on the Promoter’s website and on any of the Promoter’s social media accounts, and may authorise AMAA to publish the winning entry, the Winner’s name and social media handle and the Winner’s state of residence on the AiMCO website and on any of the AiMCO social media accounts.

 

8. Claiming the Prize and Unclaimed Prize

a) To claim the Prize, the Winner must respond to the prize notification message from the Promoter by 5:00pm AEDT on 1 June 2024, providing the Promoter with their full name and any other information or documentation reasonably requested by the Promoter in order to confirm the eligibility of the Winner to win the Prize, and to award the Prize.

b) Entrants should check their messages (including any hidden messages) for any message from the Promoter about the results of the Competition. The Promoter accepts no responsibility for the Winner failing to do so which subsequently results in their forfeiture of the Prize.

c) If the Winner fails to respond as set out in clause 8(a) of these Terms and Conditions then the Winner will forfeit the Prize.

d) If the Winner is disqualified or otherwise fails to claim the Prize as set out in clause 8(a) and therefore forfeits the Prize, the Promoter will select a replacement Winner, being the entry considered by the Judges to be the runner up during the judging process (“Replacement Winner”).

e) If applicable, any Replacement Winner will be notified via direct message to the Instagram account that they use to enter the Competition that the original Winner was disqualified or failed to claim the Prize as required and that they have now been selected as the Winner, by 5:00pm AEDT on Friday, 7 June 2024.

f) To claim the Prize, any Replacement Winner must respond to the prize notification email from the Promoter by 5:00pm AEDT on Friday, 6 September 2024, providing the Promoter with their full name and any other information or documentation reasonably requested by the Promoter in order to confirm the eligibility of the Replacement Winner to win the Prize, and to award the Prize.

g) If the Replacement Winner fails to respond as set out in clause 8(f) of these Terms and Conditions then the Replacement Winner will also forfeit the Prize.

h) Assuming the Prize is claimed by the Winner/s or Replacement Winner/s (as the case may be) as set out in this clause 8, the Promoter will have discharged all obligations to provide the Prize to the Winner or Replacement Winner (as the case may be) once the Promoter has sent the MOOD Bundle to the Winner’s or Replacement Winner’s (as the case may be) designated address and provided the personnel of AMAA of the Winner’s / Replacement Winner’s (as the case may be) details, which the Promoter agrees to do within three (3) Business Days of the proper claiming of the Prize as set out herein.

9. Personal Information

a) By participating in the Competition, you consent to the use of your personal information as set out in this clause 9 and in accordance with the Promoter’s Privacy Policy available via https://mood.org.au/pages/privacy-policy. To the extent of any inconsistency between the Privacy Policy and these Terms and Conditions, these Terms and Conditions will apply in respect of personal information collected as part of the Competition.

b) The Promoter may disclose personal information to third parties in order for the Promoter to conduct the Competition and award the Prizes, including but not limited to the Promoter’s employees, agents, contractors, related entities, insurers, professional advisors, electronic direct mail providers and, to the personnel of AMAA for the purpose of awarding the Prize.

10. Publicity and Intellectual Property

a) By entering the Competition, and regardless of whether you are declared to be the ultimate winner of the Prize, you irrevocably:
          a) consent to the Promoter using (and authorising AMAA to use):
          i. your name and social media handle; and
          ii. any Competition UGC in which you personally appear or are mentioned; in its, or AMAA’s, advertising or promotion of the Competition generally, in the Promoter’s and the AMAA’s public relations and marketing and advertising of the Promoter and AMAA generally, as well as the advertising of any future similar competitions conducted by the Promoter or the AMAA, in any medium, without any further consideration provided to you;
          b) provide to the Promoter an irrevocable, sub-licensable, assignable, world-wide, perpetual, royalty-free licence to use, publish, reproduce, broadcast and display the Competition UGC in any of the Promoter’s marketing materials, on the Promoter’s website, on the AiMCO website, on the Promoter’s social media accounts, on the AiMCO social media accounts, at the AiMCO awards held by AMAA, and in any advertising or marketing materials promoting ticket sales for the AiMCO awards held by AMAA, in the Promoter’s and AMAA’s electronic direct mail marketing, in any earned media and in any paid media to advertise the Competition, other competitions conducted by the Promoter, AMAA in relation to AiMCO, or the Promoter generally;
          c) warrant in favour of the Promoter that:
          i. any Competition UGC, and the Promoter’s or AMAA’s use of your Competition UGC in accordance with these terms and conditions will not constitute a breach of any third-party intellectual property rights; and
          ii. if the Competition UGC has any natural person depicted, that natural person has provided their prior written consent to be featured as depicted, or the prior written consent of their parent or legal guardian if they are a minor and for such Competition UGC to be used by the Promoter and AMAA as contemplated herein; and
          d) you agree to indemnify the Promoter and its employees, contractors, officers and agents for any liability, loss, cost or expense that the Promoter or its employees, contractors, officers and agents suffers or incurs as a result of, or arising out of, your breach of this warranty (including, but not limited to, any loss, cost, liability or expense incurred by the Promoter in connection with any claims from AMAA arising out of your breach of these Terms and Conditions); and
          e) consent to the Promoter and / or AMAA cropping, editing or altering any Competition UGC or undertaking any acts or omissions in relation to the Competition UGC which might otherwise constitute a breach of your moral rights.

 

11. Liability

a) 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 or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).

b) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including, but not limited to, loss or damage to property, loss of opportunity or loss of profit); whether direct, indirect, special or consequential, arising in any way out of:
          i. your participation in the Competition;
          ii. any technical failure or related issues (whether or not under the Promoter’s control);
          iii. any entry that is received after the Competition Period;
          iv. any claim of the Prize outside of the claim procedure requirements;
          v. any failure on the part of the Winner or Replacement Winner to provide information or documentation reasonably requested by the Promoter;
          vi. electronic or human error;
          vii. an entrant failing to provide accurate information at the time of claiming the Prize;
          viii. any entry or claim of the Prize that is not received by the Promoter as required for any reason beyond the reasonable control of the Promoter;
          ix. taking of and use of the Prize;
          x. your inability to take or use any part of the Prize which it outside of the Promoter’s reasonable control;
          xi. any theft, unauthorised access or third-party interference in the Competition; or
          xii. any tax liability or other costs incurred by the Winner, or Replacement Winner (as the case may be) taking and enjoying the Prize.

c) To the extent that any liability, loss or damages cannot be excluded, but can be limited, the Promoter limits its liability for them to the minimum amount permitted by law.

d) You agree to indemnity the Promoter on a full indemnity basis from any direct or indirect loss, cost, liability or expense suffered or incurred by the Promoter (including legal costs) arising out of:
          i. your failure to use the branded content tools on Instagram and the hashtags set out herein to disclose the sponsored nature of the post or reel; and
          ii. any therapeutic claims made by you about the Mood Tea products.

 
12. General

a) You are responsible for any costs associated with accessing Instagram via your internet service provider and any content you create as part of your entry, including, but not limited to, purchasing any products or props used in the creation of the content you upload to Instagram as your entry.

b) The Prize and participation in the Competition generally may be subject to additional terms and conditions imposed by third parties, including AMAA. The Promoter does not accept any responsibility and is not liable for any additional terms and conditions imposed on the taking of the Prize or the participation in the Competition.

c) The Competition may be promoted through third party websites and various social media platforms. You must comply with the terms for those third-party websites and social media platforms when using them to participate in the Competition. The Promoter is not responsible for any privacy practices adopted by any third-party websites or social media platforms.

d) You acknowledge and agree that this Competition is in no way sponsored, endorsed or administered by, or associated with, Meta (Instagram) and you release Meta (Instagram) from any loss, claims, costs, liability or expenses associated with or arising out of this Competition.

e) These Terms and Conditions are governed by the laws of New South Wales, Australia, without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.

f) If any term, provision or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

g) Failure by the Promoter to enforce any of its rights in relation not the Competition at any time does not constitute a waiver of those rights.