Be More Collective
Terms and Conditions

Introduction

  1. The Be More Collective is a programme run by Red Kangaroo Beverages Pty Ltd (ACN 601 149 035) (“RKB”), owner of the KanguruTM brand, to manage a development fund and award financial grants to everyday Australians to help them achieve their goals and to be the best they can be.
  2. These Terms and Conditions govern the relationship between Participants and RKB.

Participant Requirements

  1. Participants must be Australian Citizens.
  2. Participants must be over 18 years old.

Grant Periods

  1. There will be 4 Grant Periods per year, during which:
    1. 4 BMC Grants of up to $2,000.00 each will be made to the Winners; and
    2. One carton of Kanguru energy drink will be provided to each of the Winners and the Runners-up.
  2. The amount of each BMC Grant will be determined at the sole discretion of RKB.

Submissions

  1. Each Participant may upload one (1) Submission per Grant Period.
  2. The Submission must comprise a video recording of the Participant which describes:
    1. Who they are;
    2. What they want to achieve; and
    3. How the BMC Grant will contribute to achieving their goal.

The video recording referred to in this clause must be no longer than 60 seconds in duration.

  1. Submissions must be uploaded to the Be More Collective website at www.bemorecollective.com.au. The video will appear on the Be More Collective website, other RKB websites and RKB related social media accounts alongside other entries for that Grant Period. The Winner’s Submission may be promoted on the Be More Collective website, RKB websites or RKB social media accounts separately.
  2. The closing date for Submissions will be displayed on the Be More Collective website.
  3. All Submissions become the property of RKB.

Peer Panel

  1. Each Submission will be reviewed by a Peer Panel as appointed by RKB from time to time.
  2. Based on the Submissions, the Peer Panel will select a shortlist of up to three (3) Finalists and the Peer Panel will interview the Finalists.
  3. The Finalists are required to participate in the interview and provide any other information reasonably requested by the Peer Panel.
  4. The Peer Panel will provide its recommendations to RKB.
  5. From the Finalists, for each separate Grant Period, RKB will determine:
  1. the Winner and the Runners-Up;
  2. the amount of the BMC Grant to be paid to the Winner;
  3. the Grant Purpose in each case, and any special conditions that apply to the BMC Grant for that Grant Purpose.
  1. RKB will email the Finalists to inform them of its determination under clause 16.

Grant Purpose

  1. In formulating the Grant Purpose, RKB may have regard to:
    1. The content of the relevant Submission;
    2. The most efficient use of the monies to achieve the goal of the Participant;
    3. Any record of interview with the Peer Panel; and
    4. Any other matter RKB considers relevant.
  1. If a Finalist is unhappy with a Grant Purpose determined by RKB, the Finalist may write to RKB to seek RKB’s permission to vary the Grant Purpose. RKB may accept, reject or modify the Grant Purpose in its sole and absolute discretion.

Decisions

  1. All decisions by the Peer Panel and RKB are final.

Payment of BMC Grants

  1. The Winner and Runners-up must collect their respective BMC Grant and cartons of Kanguru energy drink within three (3) months of receiving the email contemplated under clause 17. Any BMC Grants and/or cartons of Kanguru energy drink that remain uncollected at the expiry of this three (3) month timeframe are void.
  2. For the purposes of clause 21, the email contemplated under clause 17 is taken to be received by the Finalist the next calendar day after RKB causes the email to be sent.
  3. RKB will cause the BMC Grant to be paid to a bank account nominated by the Finalist once the Finalist has provided its written approval of the Grant Purpose.
  4. The Winner will be awarded a grant of up to $2,000 to be applied towards the Grant Purpose.
  5. The Runners-Up will each be awarded one carton of Kanguru energy drink.
  6. The BMC Grant or any part thereof which is not applied towards the Grant Purpose must be repaid in full to RKB.
  7. RKB reserves the right to seek proof of expenditure of the BMC Grant at any time until RKB has satisfied itself that the BMC Grant has been applied towards the Grant Purpose.
  8. RKB and its officers and agents accept no responsibility whatsoever for any taxation or other legal or regulatory implications that may arise for Finalists as a result of payment or non-payment of BMC Grants. Finalists warrant that they have sought and obtained their own independent taxation advice regarding the BMC Grant.

Performance

  1. Finalists must work collaboratively with RKB for the 12 month period following payment of the BMC Grant to promote RKB’s Kanguru brand and the Be More Collective.
  2. A Winner must provide an update on their progress, including of the activity associated with the Grant Purpose, to RKB at least once every quarter for a minimum period of 12 months. This may include:
  1. Video blog updates recorded by the Winner and provided to RKB to be displayed on its Be More Collective website, other RKB websites, RKB social media accounts and through any other medium at the sole and absolute discretion of RKB or its delegate.
  2. Co-ordinating press releases where the Winner will promote the Kanguru brand and the Be More Collective.
  1. RKB will display information about the Winners and Runners-Up on its website and on its social media accounts to inspire future Participants and the community generally for a minimum time period of 12 months beginning on the date of receipt of the BMC Grant and/or carton of Kanguru energy drink.
  2. The Winner or the Runners-Up must not undertake any advertising, media engagements or promotions which mention the BMC Grant, Kanguru or the Be More Collective without the prior written permission of RKB.

Reputation or Adverse Publicity

  1. A Participant must not do anything to adversely affect the professional image, reputation or goodwill of the Be More Collective, RKB, the Kanguru brand, or Kanguru energy drink.
  2. RKB may terminate any BMC Grant if the Winner engages in any conduct which, in RKB’s sole discretion, acting reasonably, causes adverse publicity for the Be More Collective, RKB, the Kanguru brand or Kanguru energy drink. For these purposes, the impugned conduct may include (but is not limited to) any misconduct or criminal act, or any slander or representations made by a Winner, which a reasonable person would view as negative commentary relating to any of the Be More Collective programme, RKB, the Kanguru brand or Kanguru energy drink.
  3. A BMC Grant or any part thereof which is terminated must be repaid to RKB by the Winner within 7 days of the termination.
  4. RKB may disqualify any Participant from being eligible to be a Finalist at any stage during the Be More Collective programme if the Participant engages in any conduct which, in RKB’s sole discretion, acting reasonably, causes adverse publicity for the Be More Collective, RKB, the Kanguru brand or Kanguru energy drink. For these purposes, the impugned conduct may include (but is not limited to) any misconduct or criminal act, or any slander or representations made by a Participant, which a reasonable person would view as negative commentary relating to any of the Be More Collective programme, RKB, the Kanguru brand or Kanguru energy drink.

Intellectual Property and Privacy

  1. By entering a Submission, a Participant agrees to allow RKB to display the Submission on its Be More Collective website and through any other medium at the discretion of RKB. By way of example, this includes through social media accounts on Instagram, Facebook and Twitter, in general press releases or as displayed at outlets which stock Kanguru energy drink.
  2. All Participants agree to the use of his/her image or his/her Submission in any RKB publicity material. Any personal data relating to any Participant will be used solely in accordance with current Australian data protection and privacy laws.

Information RKB collects

  1. Through the Be More Collective programme, RKB may collect two types of information:

Personally Identifiable Information” – this is any information that, by itself, identifies a Participant or would easily enable someone to contact and/or identify a Participant, such as a Participant’s name, email address or phone number.

Non-Personally Identifiable Information” – this refers to all other information about a Participant that a Participant may provide to RKB or that RKB may collect from a Participant.

In these Terms and Conditions, both kinds are known as “Information”.

  1. A Participant may actively provide RKB with Information when a Participant:
  1. creates an account ("Account") with RKB via its Kanguru or Be More Collective websites;
  2. participates in the Be More Collective programme (for example uploading a Submission);
  3. subscribes to a newsletter;
  4. purchases a game, product or service;
  5. responds to a customer survey;
  6. sends correspondence via letter, email or other like service to RKB;
  7. posts on any of RKB’s social media accounts in a public forum and/or uses RKB’s chat/message functionality;
  8. visits the Kanguru or Be More Collective websites; or
  9. uses RKB’s applications on mobile phones.

In these Terms and Conditions, these types of engagement with RKB are known as “Applications”.

  1. The Information that a Participant provide may include a Participant’s name, gender, date of birth, email address, telephone number, delivery address, billing address and payment information, and login and password.
  2. Please note also that Information a Participant discloses in public chat and any similar forum is accessible by anyone, including third parties, and such disclosures are not covered by these Terms and Conditions.
  3. In any Applications by a Participant, RKB may also automatically collect the following Information even if a Participant has not actively provided it to RKB: a Participant’s IP address, log-in information, location information (for example, via GPS or WiFi), browser type and version, browser plug-in types and versions, operating system and platform, information about a Participant’s visit including the URL clickstream to, through and from one of our Applications, products and/or content a Participant has viewed or searched for, download errors, length of visits to certain pages and page interaction, and in the case of RKB’s mobile applications, the other applications a Participant has downloaded and how a Participant uses those applications. RKB collects Information automatically through the use of various technologies, including through "cookies”.
  4. RKB acquires Information from other trusted sources (including, for example, business partners, advertising networks, search information providers, credit reference agencies and social media), and from other RKB entities and affiliates, to update or supplement the information provided by Participants or collected automatically by RKB.   This includes Information from a Participant’s social media account when a Participant grant us access to their social media account in connection with, for example, creating an Account with RKB. Where permitted by law, RKB may combine this information received from other sources, with information a Participant gives to RKB or that RKB collects about a Participant.
  5. If a Participant has created an Account on one of RKB’s Applications, the Participant can contact RKB to receive a copy of the Personally Identifiable Information RKB collects from the Participant via his/her Account and correct, amend, or delete Personally Identifiable Information that is inaccurate. A Participant may also close their Account altogether.
  6. It is a Participant’s responsibility to ensure that he/she submits true, accurate and complete Information via his/her Account and keep it up to date. A Participant may also update his/her Personally Identifiable Information by contacting RKB at askmore@kanguruenergy.com.au. Such communication should include the Participant’s name, username (if applicable), and post code in the initial correspondence; to assist RKB to protect the details and preferences on the Participant’s Account from unauthorised access.

How RKB uses, shares and discloses Participants’ information

  1. RKB may use a Participant’s Information for the purposes of enabling the Participant to use RKB’s Applications, enabling RKB to fulfil orders made by a Participant (such as for products, services or newsletters), to send a Participant marketing materials, for correspondence in relation to the Be More Collective programme and to provide personalised content and experiences.
  2. RKB may also use the Information it collects to:
  1. administer its Applications for internal purposes, including troubleshooting purposes;
  2. optimise or improve its products, services, operations, and Applications;
  3. as part of its effort to keep its Applications safe and secure;
  4. to measure or understand the effectiveness of advertising it serves to its consumer, and to deliver relevant advertising to each Participant;
  5. to communicate with Participants about his/her Submission or account or any transaction with RKB and send Participants information about features on any RKB Applications or regarding any changes to our policies including these Terms and Conditions;
  6. to provide Participants with advertising based on a Participant’s activity on RKB’s Applications and on third-party sites and applications;
  7. to make suggestions and recommendations to Participants and other users of our Applications about goods or services that may interest a Participant or other user; and
  8. to detect, investigate and prevent activities that may violate RKB’s policies, including these Terms and Conditions, or activities that may be illegal.

Participant choice, including how to opt in or opt out from direct marketing

  1. As noted above, RKB, and selected third parties with whom RKB shares your Information, may use your Information for direct marketing purposes, including to provide updates, newsletters, events or other communications that may interest a Participant.
  2. Where required by law, a Participant’s prior consent will be obtained before RKB sends direct marketing.
  3. In any event, RKB will offer every Participant the option to unsubscribe from electronic marketing materials.
  4. If a Participant does not wish RKB to share his/her Personally Identifiable Information with third parties for their marketing purposes, please contact RKB via email at askmore@kanguruenergy.com.au.

Data Security and Retention

  1. RKB applies appropriate security measures aimed at protecting your Personally Identifiable Information that is under RKB’s control from unauthorised access, collection, use, disclosure, copying, modification or disposal.       RKB will notify a Participant in compliance with applicable law regarding any data breach. Where a Participant has a password that enables him/her to access RKB’s Applications, the Participant is responsible for keeping this password secure and confidential.
  2. RKB may retain some personal information after a Participant deletes his/her Account, for example if necessary to meet RKB’s legal obligations or for tax and accounting purposes.

Use of Applications by minors

  1. The features, programs, promotions and other aspects of RKB’s Applications requiring the submission of Personally Identifiable Information are not intended for young children. RKB does not knowingly collect Personally Identifiable Information from children under the age of 16.   If a parent or guardian of a child under the age of 16 believes the child has disclosed Personally Identifiable Information to RKB, the parent or guardian must contact RKB via email at askmore@kanguruenergy.com.au. A parent or guardian of a child under the age of 16 may review and request deletion of such child's Personally Identifiable Information as well as prohibit the use of that Information.

Online Tracking - Cookies and other technologies

  1. RKB may use third party tools to make the advertising it shows Participants or other users on its Applications and/or its partner’s websites more relevant and interesting to each Participant or other user. For this purpose, RKB uses cookies, flash cookies, web beacons or similar technologies to collect information about a Participant’s browsing behaviour, and deliver interest-based ads to each Participant.
  2. A cookie is a text file containing small amounts of information that a website can send to a person’s browser, which may then be stored on said person’s computer as a tag that distinguishes his/her computer but does not name the person.
  3. A person can set their browser to notify them before receiving a cookie, giving the person the chance to decide whether to accept it. Browser settings can also be modified to turn off cookies; however, if cookies are disabled, some of the features of RKB’s Applications may not operate correctly. A person can also reject certain cookies served through Applications by opting out on the website of the third party placing the cookie, which he/she can identify through his/her browser.

Complaints about privacy

  1. If a Participant believes that RKB has breached the Australian Privacy Principles, or if a Participant has any concerns about how his/her Personally Identifiable Information will be used, please contact RKB via email at askmore@kanguruenergy.com.au.
  2. RKB will respond to a privacy complaint email made pursuant to clause 59, within 30 days. If RKB’s response does not satisfy the Participant, the Participant may apply to the Office of the Australian Information Commissioner.

Overseas disclosure

  1. RKB does not anticipate that any Information is likely to be disclosed to overseas recipients.

Amendment or cancellation

  1. RKB reserves its right to change or modify these Terms and Conditions in any way at any time and for any purpose. Such change shall be effective immediately upon the updated terms and conditions being posted on the Be More Collective website.
  2. RKB reserves its right to cancel the Be More Collective programme at any time if any circumstances arise that make the Be More Collective programme untenable. What constitutes ‘untenable’ as referred to in this clause is to be decided by RKB in its sole discretion.

Governing Law

  1. The Be More Collective programme and these Terms and Conditions will be governed and construed in accordance with the law of South Australia and any person mentioned in these Terms and Conditions or any other interested party irrevocably submits to the jurisdiction of the courts of South Australia.

Miscellaneous

  1. RKB and the Be More Collective are not liable in any way for any loss, injury or damage that may occur directly or indirectly from the Be More Collective programme or from the use of a BMC Grant.
  2. RKB may refuse to honour a payment to a Winner if it becomes aware that a Winner is bankrupt within the meaning of the Bankruptcy Act 1966 (Cth).
  3. Nothing in these Terms and Conditions is deemed to constitute a partnership or relationship of employment between any party referenced in these Terms and Conditions.
  4. The only terms implied in these Terms and Conditions are those implied by mandatory operation of law.

Definitions and Interpretation

  1. In these Terms and Conditions:
  1. BMC Grant means monies paid by RKB to the Winner.
  2. carton means one 24-can container of Kanguru energy drink.
  3. Finalist means the Winner and/or the two (2) Runners-Up.
  4. Grant Period means every yearly quarter unless determined otherwise by RKB in its sole discretion.
  5. Grant Purpose means the purpose towards which the grant funds must be applied in accordance with RKB’s determination made under clause 16.
  6. Participant means any applicant to the Be More Collective programme, and includes any Finalist.
  7. Peer Panel means a volunteer group of three (3) Kanguru energy drink consumers selected by RKB or its delegate to assess Submissions made under these Terms and Conditions.
  8. RKB means Red Kangaroo Beverages Pty Ltd (ACN 601 149 035).
  9. Runners-Up means the two (2) Participants determined to be the runners-up in each Grant Period by RKB.
  10. Submission means video uploaded to the Be More Collective website by a Participant in accordance with clause 9.
  11. Terms and Conditions means these Terms and Conditions of the Be More Collective programme.
  12. Winner means the Participant determined to be the winner in each Grant Period by RKB.
  13. The singular number includes the plural and vice versa; reference to one gender includes all genders; reference to a person includes the heirs, executors, administrators, successors and assigns of that person and corporations and associations; a reference to dollars means Australian Dollars; no rule of construction applies to the disadvantage of a party because that party put forward these Terms and Conditions or any portion of it; if a provision of these Terms and Conditions would, but for this clause, be unenforceable then the provision must be read down to the extent necessary to avoid that result and if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of these Terms and Conditions; paragraph headings are for convenient reference only and do not affect the interpretation of these Terms and Conditions; reference to legislation includes the legislation as amended, and any substituted legislation, and any subordinate legislation, and any orders under the legislation; the Introduction is correct and forms part of these Terms and Conditions; where any party comprises more than one person then the liability of those persons under these Terms and Conditions is a joint liability of all of those persons and a liability of each of them severally.