Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

 

Schedule to Conditions of Entry
Promotion Name	NESCAFE® CAFÉ CREATIONS WIN L’OREAL® GIFT PACKS (“The Promotion”)
Promoter	The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138.
Permit Numbers	Authorised under permit numbers NSW Authority Number TP/03187, ACT Permit Number                   TP 24/00220 and SA Permit number T24/180
Website	www.nescafe.com/au/campaigns/cafe-creations-loreal-promotion
Promotional Period	The Promotion starts at 12:01am AEDT on 3 April 2024 and closes at 11:59pm AEST on 28 May 2024.
Entry Restrictions	Subject to clause 3 of the Conditions of Entry, entry is open to residents of Australia who are aged 18 years or over (“Eligible Entrant”).
Participating Products	Any NESCAFÉ® CAFÉ CREATIONS Mixes products (8 pack, 10 pack and 26 packs, 30 packs, 78 and 90  packs)
Entry Method	To enter, Eligible Entrants must during the Promotional Period:   Purchase one (1) or more Participating Product(s) from the list above in a single transaction from a Participating Retailer. A Participating Retailer is any retailer in Australia (including online) that stocks the Participating Product(s) and displays material advertising this Promotion;   Using their mobile device, scan the QR code on the promotional advertisements or visit www.nescafe.com/au/Cafe-Creations-Loreal-promotion and follow the prompts to the NESCAFÉ® CAFÉ CREATIONS L’OREAL® PROMOTION competition entry page;   Complete the entry form including (but not limited to) their name, email address, phone number, receipt number and upload an image of their purchase receipt (retain original receipt*).   Click on “submit” to finalise their entry. Entries must be received by the Promoter before the close of the Promotional Period.     *Note: All Prize Winners are deemed provisional prize winners and may be subject to verification before being awarded a Prize. Eligible Entrants must retain original itemised purchase receipt(s) as proof of purchase. Purchase receipt(s) must clearly specify that the Eligible Purchase was made from a Participating Retailer, that the product(s) purchased are Participating Product(s), receipt/invoice number, and that the purchase was made during the Promotional Period.
Maximum entries permitted	Multiple entries are permitted, however: There is a limit of one (1) entry per transaction (regardless of the number of Participating Products purchased in the same transaction); and Must be submitted separately and must independently comply with these Terms and Conditions.   Entrants can win a maximum of one (1) Prize (except for SA residents).
Draw Details	There will be one (1) draw conducted for entries received each Day (12.01am-11.59pm (AEDT/AEST)) between the start and end of the Promotional Period, for a total of fifty six (56) daily draws (“Daily Prize Draws”). Draws will be conducted on a weekly basis, based on the Daily Prize Draw schedule below. For each Day, the first fifty (50) valid entries drawn will be determined to be Provisional Major Prize Winners and will win a Major Prize.   Prize Draws will take place at Tactics Marketing Support, Unit 19/8 Tilley Lane, Frenchs Forest NSW 2086. The draw is electronic and winners will be selected at random. For the avoidance of doubt, unsuccessful entries will not rollover into subsequent Prize Draws.     Draw Number Draw Date   Winners       Draws 1 – 7   Draw 1: 3/4/24 Draw 2: 4/4/24 Draw 3: 5/4/24 Draw 4: 6/4/24 Draw 5: 7/4/24 Draw 6: 8/4/24 Draw 7: 9/4/24 10.00am AEST on 10 April 2024   Fifty (50) per Draw.               10.00am AEST on 17 April 2024   Draws 8 – 14   Draw 8: 10/4/24 Draw 9: 11/4/24 Draw 10: 12/4/24 Draw 11: 13/4/24 Draw 12: 14/4/24 Draw 13: 15/4/24 Draw 14: 16/4/24       Fifty (50) per Draw.   10.00am AEST on 24 April 2024   Draws 15 – 21   Draw 15: 17/4/24 Draw 16: 18/4/24 Draw 17: 19/4/24 Draw 18: 20/4/24 Draw 19: 21/4/24 Draw 20: 22/4/24 Draw 21: 23/4/24 Fifty (50) per Draw.   10.00am AEST on 1 May 2024   Draws 22 – 28   Draw 22: 24/4/24 Draw 23: 25/4/24 Draw 24: 26/4/24 Draw 25: 27/4/24 Draw 26: 28/4/24 Draw 27: 29/4/24 Draw 28: 30/4/24 Fifty (50) per Draw.   Draws 29 – 35:   Draw 29: 01/5/24 Draw 30: 02/5/24 Draw 31: 03/5/24 Draw 32: 04/5/24 Draw 33: 05/5/24 Draw 34: 06/5/24 Draw 35: 07/5/24 10.00am AEST on 8 May 2024 Fifty (50) per Draw.   Draws 36 – 42:   Draw 36: 08/5/24 Draw 37: 09/5/24 Draw 38: 10/5/24 Draw 39: 11/5/24 Draw 40: 12/5/24 Draw 41: 13/5/24 Draw 42: 14/5/24 10.00am AEST on 15 May 2024 Fifty (50) per Draw.   Draws 43 – 49:   Draw 43: 15/5/24 Draw 44: 16/5/24 Draw 45: 17/5/24 Draw 46: 18/5/24 Draw 47: 19/5/24 Draw 48: 20/5/24 Draw 49: 21/5/24 10.00am AEST on 22 May 2024 Fifty (50) per Draw.   Draws 50 – 56:   Draw 50: 22/5/24 Draw 51: 23/5/24 Draw 52 24/5/24 Draw 53: 25/5/24 Draw 54: 26/5/24 Draw 55: 27/5/24 Draw 56: 28/5/24 10.00am AEST on 29 May 2024 Fifty (50) per Draw.
Prize	Type No. Available Details Value   Major Prize Two Thousand eight hundred (2800) (50 per day with draws conducted weekly) during the Promotional Period The Major Prize will consist of gift pack that includes: REVITALIFT FILLER HA SERUM 30ML $59.99 RRP REVITALIFT FILLER SPF15 DAY 50ML $54.99 RRP REVITALIFT FILLER DAY 50ML $54.99 RRP REVITALIFT FILLER NIGHT 50ML $54.99 RRP   $ 224.96 RRP
Value of Prize Pool	Up to $629,888
Conditions of prize	As per Conditions of Entry. Prizes are not transferable and cannot be converted to cash.
Prize Winner Notification	Major Prize Winners will be notified via in writing within seven (7) business days of the relevant Draw.
Prize Winner Publication Details	The first name and first initial of surname and suburb of the Major Prize Winners will be published on www.nestle.com.au/productnews/winners by 5.00pm AEST within ten (10) business days of the relevant Draw.
Prize Claim Date	All Major Prizes must be claimed by 5.00pm AEST on 12 September 2024 by responding to the Prize Winner Notification. If the prize is not claimed by the Prize Claim Date, the prize will be forfeited, and the Promoter may determine an alternative winner via an Unclaimed Prize draw.
Unclaimed Prize Draw	In the event that the prize is won but not claimed by the Prize Claim Date, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the promotion to distribute unclaimed prizes at Unit 19/8 Tilley Lane Frenchs Forest NSW 2086, at 10.00am AEST on 19 September 2024. The draw is electronic and winner(s) will be selected at random. Winners will be notified via email and have their details published at www.nestle.com.au/productnews/winners on the same date.
Special Conditions

 

Conditions of Entry

1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.

 

2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.

 

3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.

 

4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

 

5. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.

 

6. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value. The name of any prize winner will be published on the internet at www.nestle.com.au/productnews/winners

 

7. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency and that the entrant meets all entry requirements. Where the Promotion requires the purchase of a product(s), the Promoter may require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid. 

 

8. Monetary Prizes: If money is offered as a prize, the prize may be awarded by way of cheque, EFTPOS card or by  transfer to a nominated bank account. If the prize is to be delivered by bank transfer, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited.

 

9. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. To the extent permitted at law, the Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.

 

10. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter.

 

11. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.

 

12. Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.

 

13. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.

 

14. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

 

15. Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.

 

16. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.

 

17. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.

 

18. Tampering: The Promoter may disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation in future promotions of the Promoter.

 

 

19. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter may (subject to any written direction given by a relevant Regulatory Authority), cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, related to participation or sending or receiving of any communication or of any materials in this Promotion.

 

 

20. Publicity: If a winner agrees to participate in follow-up interviews and publicity then the Promoter may use their name, image, photograph/s, film and sound recordings for publicity and promotion purposes, without compensation, and the Promoter will own copyright in any such images, photograph/s, film and sound recordings and in all material incorporating the same.

 

 

21. Entry Content: The Promoter may adapt and use any entry content for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.

 

22. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest. 

 

23. Liability: To the extent permitted by law: (a) the Promoter’s only liability is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded, and all other guarantees, warranties and conditions are excluded; and (b) the Promoter will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit or loss of opportunity. .

 

24. Australian Consumer Law: These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

 

25. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent or misleading and deceptive conduct.

 

26. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.

 

27. Promoter’s Decisions: All decisions are at the discretion of the Promoter (acting reasonably) and are final. No correspondence will be entered into.

 

28. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or X (formerly known as Twitter) from any and all liability relating to the Promotion (this release is a requirement of the operators of Facebook, Instagram and X (formerly known as Twitter)).  

 

29. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.com.au or calling 1800 025 361.

 

Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

 

Schedule to Conditions of Entry
Promotion Name	COLES exclusive NESCAFÉ® CAFÉ CREATIONS “Win 1 of 100, $100 Coles e Gift cards” Promotion (“The Promotion”)
Promoter	The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138.
Permit Numbers	Authorised under permit numbers NSW Authority Number TP/02214, ACT Permit Number TP 24/00363 and SA Permit number T24/292
Website	www.nescafe.com/au/campaigns/cafe-creations-loreal-promotion
Promotional Period	The Promotion starts at 12:01am AEDT on 3 April 2024 and closes at 11:59pm AEST on 28 May 2024.
Entry Restrictions	Subject to Clause 3, entry is open to residents of Australia who are aged 18 years or over (“Eligible Entrant”).
Participating Product(s)	Any NESCAFÉ® CAFÉ CREATIONS Mixes products:- NESCAFÉ 98% Sugar Free Hazelnut Latte 10 Pack NESCAFÉ Cappuccino 10 Pack NESCAFÉ Cappuccino Decaf 10 Pack NESCAFÉ Cappuccino Less Sweet Taste 10 Pack NESCAFÉ Cappuccino Strong 10 Pack NESCAFÉ Caramel Latte Decaf 10 Pack NESCAFÉ Double Shot Latte 10 Pack NESCAFÉ Vanilla Latte 10 Pack NESCAFÉ 98% Sugar Free Vanilla Malt Latte 10 Pack NESCAFÉ Mocha 10 Pack NESCAFÉ Hazelnut Latte 10 Pack NESCAFÉ  Latte 10 Pack NESCAFÉ 98% Sugar Free Caramel Latte 10 Pack NESCAFÉ 98% Sugar Free Latte 10 Pack NESCAFÉ Cappuccino Skim 10 Pack NESCAFÉ Caramel Latte 10 Pack NESCAFÉ Creme Brulee Latte 10 Pack NESCAFÉ 98% Sugar Free Mocha 10 Pack NESCAFÉ Cappuccino 26 Pack NESCAFÉ Hazelnut Latte 26 Pack NESCAFÉ Vanilla Latte 26 Pack NESCAFÉ Cappuccino Skim 26 Pack NESCAFÉ Cappuccino Strong 26 Pack NESCAFÉ 98% Sugar Free Caramel Latte 26 Pack NESCAFÉ Cappuccino Decaf 26 Pack NESCAFÉ Caramel Latte 26 Pack NESCAFÉ Flat White 26 Pack NESCAFÉ Mocha 26 Pack NESCAFÉ 98% Sugar Free Mocha 26 Pack NESCAFÉ Mocha inspired by Scorched Almonds 26 Pack NESCAFÉ Cappuccino 30 Pack NESCAFÉ Caramel Latte 78 Pack NESCAFÉ White Choc Mocha inspired by Tim Tam 8 Pack NESCAFÉ Iced Cappuccino Salted Caramel 8 Pack NESCAFÉ Iced Cappuccino Original 8 Pack NESCAFÉ White Choc Mocha inspired by Milkybar 8 Pack NESCAFÉ Caramel Choc Mocha inspired by Tim Tam 8 Pack NESCAFÉ Original Choc Mocha inspired by Tim Tam 8 Pack NESCAFÉ Iced Vanilla Cappuccino 8 Pack NESCAFÉ Dark Choc Mocha inspired by Tim Tam 8 Pack NESCAFÉ Cappuccino 90 Pack
Entry Method	To enter, Eligible Entrants must during the Promotional Period:   Purchase one (1) or more Participating Product(s) from the list above from a Participating Retailer. A Participating Retailer is any Coles Supermarket in Australia or Coles online at www.coles.com.au that stocks the Participating Product(s) and displays material advertising this Promotion (Note: Coles Express fuel outlets are excluded from the promotion);   Using their mobile device, scan the QR code on the promotional advertisements or go to www.nescafe.com/au/campaigns/cafe-creations-loreal-promotion and follow the prompts to the NESCAFÉ® CAFÉ CREATIONS L’OREAL® Promotion entry page;   Complete the entry form including (but not limited to) their name, email address, phone number, receipt number and upload a copy of their purchase receipt (retain original receipt*);   Select “COLES” from the dropdown menu in the 'Retailer purchased from' section of the entry form;   Click on “submit” to finalise their entry. Entries must be received by the Promoter before the close of the Promotional Period.   The Promoter will conduct a Major Prize Draw in accordance with Draw Details from all entries received to determine winners.   Entrants to this COLES exclusive NESCAFE® CAFÉ CREATIONS L’OREAL “Win 1 of 100, Coles E Gift Cards” promotion will also be automatically entered into the separate NESCAFE® CAFÉ CREATIONS WIN L’OREAL® GIFT PACKS promotion (subject to separate terms & conditions which can be found at www.nescafe.com/au/campaigns/cafe-creations-loreal-promotion)   *Note: All Prize Winners are deemed provisional prize winners and may be subject to verification before being awarded a Prize. Eligible Entrants must retain original itemised purchase receipt(s) as proof of purchase. Purchase receipt(s) must clearly specify that the Eligible Purchase was made from a Participating Retailer, that the product(s) purchased are Participating Product(s), receipt/invoice number, and that the purchase was made during the Promotional Period.
Maximum entries permitted	Multiple entries are permitted, however: There is a limit of one (1) entry per transaction (regardless of the number of Participating Products purchased in the same transaction); and Must be submitted separately and must independently comply with these Terms and Conditions.   Entrants can win a maximum of one (1) Major Prize (except for SA residents)
Draw Details	The Major Prize Draw will take place at Tactics Marketing Support, Unit 19/8 Tilley Lane, Frenchs Forest NSW 2086 at 10am AEST on 31 May 2024. The draw is electronic and winners will be selected at random. This is a game of chance and skill plays no part in determining a winner. SA draw approval number 1392. The first one hundred (100) valid entries drawn will be deemed Major Prize Winners and will win a Major Prize. .
Prize	Type No. Available Details Value   Major Prize One hundred (100) The Major Prize will consist of: 1 x $100 Coles e Gift Cards which will be emailed to the Major Prize Winner’s registered email address   $100.
Value of Prize Pool	$10,000.
Conditions of prize	As per conditions of entry. Prizes are not transferable and cannot be converted to cash.   For details of terms and conditions of use Coles Gift cards refer to:- www.giftcards.com.au/CMS/Page/giftcardtermsofuse
Prize Winner Notification	Major Prize Winners will be notified will be notified via email by 5.00pm AEST on 5 June 2024.
Prize Winner Publication Details	The first name and first initial of the surname and suburb of the Major Prize Winners will be published on www.nestle.com.au/productnews/winners by 5.00pm AEST on 19 June 2024
Prize Claim Date	All Major Prizes must be claimed by 5.00pm AEST on 19 September 2024 by responding to the Prize Winner Notification. If the prize is not claimed by the Prize Claim Date, the prize will be forfeited and the Promoter may determine an alternative winner via an unclaimed prize draw.
Unclaimed Prize draw, Winner Notification and Prize Winner Publication Details	All un-won prizes from the advertised prize pool, or if a prize is won but is not claimed by the Prize Claim Date, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the promotion to distribute unclaimed prizes at Unit 19/8 Tilley Lane Frenchs Forest NSW 2086, at 10am AEST on 25 September 2024. The draw is electronic and winner(s) will be selected at random. SA draw approval number 1392. Winners will be notified via email and have their details published at www.nestle.com.au/productnews/winners on the same date.
Special Conditions

 

Conditions of Entry

1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.

 

2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.

 

3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.

 

4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

 

5. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.

 

6. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value. The name of any prize winner will be published on the internet at www.nestle.com.au/productnews/winners

 

7. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency and that the entrant meets all entry requirements. Where the Promotion requires the purchase of a product(s), the Promoter may require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid. 

 

8. Monetary Prizes: If money is offered as a prize, the prize may be awarded by way of cheque, EFTPOS card or by  transfer to a nominated bank account. If the prize is to be delivered by bank transfer, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited.

 

9. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. To the extent permitted at law, the Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.

 

10. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter.

 

11. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.

 

12. Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.

 

13. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.

 

14. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

 

15. Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.

 

16. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.

 

17. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.

 

18. Tampering: The Promoter may disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation in future promotions of the Promoter.

 

 

19. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter may (subject to any written direction given by a relevant Regulatory Authority), cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, related to participation or sending or receiving of any communication or of any materials in this Promotion.

 

 

20. Publicity: If a winner agrees to participate in follow-up interviews and publicity then the Promoter may use their name, image, photograph/s, film and sound recordings for publicity and promotion purposes, without compensation, and the Promoter will own copyright in any such images, photograph/s, film and sound recordings and in all material incorporating the same.

 

 

21. Entry Content: The Promoter may adapt and use any entry content for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.

 

22. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest. 

 

23. Liability: To the extent permitted by law: (a) the Promoter’s only liability is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded, and all other guarantees, warranties and conditions are excluded; and (b) the Promoter will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit or loss of opportunity. .

 

24. Australian Consumer Law: These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

 

25. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent or misleading and deceptive conduct.

 

26. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.

 

27. Promoter’s Decisions: All decisions are at the discretion of the Promoter (acting reasonably) and are final. No correspondence will be entered into.

 

28. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or X (formerly known as Twitter) from any and all liability relating to the Promotion (this release is a requirement of the operators of Facebook, Instagram and X (formerly known as Twitter)).  

 

29. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.com.au or calling 1800 025 361.