Nestlé – TRADE PROMOTION TERMS AND CONDITIONS
Schedule to Conditions of Entry
NESCAFÉ White Choc Mocha Promotion (“The Promotion”)
The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138.
Authorised under permit numbers NSW: LTPS/19/38087, ACT: TP 19/04188,
SA Permit: T19/1541
The Promotion starts at 9:00am AEST on 23 September 2019 and closes at 11:59pm on 17 November 2019.
Entry is open to residents of Australia who are aged 18 years and over (“Eligible Entrant”).
To enter, entrants must during the Promotional Period:
Game of Skill entry method:
(i) Click on the ‘Sign up’ button on the NESCAFE White Choc Mocha competition post OR go to https://www.nestlepromotions.com.au/NESCAFE-Cafe-Menu-Competition and follow the prompts to the competition entry form;
(ii) Complete entry form including (but not limited to) their name, address, email address and phone number;
(iii) Tell us in 25 words or less: “Why NESCAFÉ Café Menu is the perfect getaway treat for you”.
The Promoter will judge all entries to determine a winner.
Game of Chance entry method:
All entrants who follow steps (i)-(iii) above will also be automatically be entered into a random draw.
(i) Bonus Entry: At the time of entry participants can receive one (1) bonus entry into the competition by selecting the opt-in tick box and opting into the database to receive information from Nestlé Australia Ltd.
The Promoter will conduct a draw from all entries received to determine winners.
Maximum entries permitted
One (1) standard entry and one (1) bonus entry per person.
Game of Skill judging details:
Judging will take place at 9.00am AEDT on 25 November 2019 at the offices of the Promoter. The most creative, original and suitable entry will be deemed a Game of Skill Major Prize winner and will be awarded with a Game of Skill Major Prize. All decisions are at the discretion of the Promoter and no correspondence will be entered into.
Game of Chance – draw details:
The draw will take place at Unit 6/106 Old Pittwater Road, Brookvale NSW 2100, on the dates/times listed below. The draw is electronic and winners will be selected at random. SA draw approval number 1392. The first seven (7) entrants drawn each week will be deemed Game of Chance Major Prize Winners and will be awarded with a Game of Chance Major Prize.
1. Week 1 entries (entries received between 9.00am AEST on 23/09/2019 and 11.59pm AEST on 29/09/2019) will be drawn at 9.00am AEST on 30/09/2019.
2. Week 2 entries (entries received between 12.00am AEST on 30/09/2019 and 11.59pm AEST on 06/10/2019) will be drawn at 9.00am AEST on 07/10/19.
3. Week 3 entries (entries received between 12.00am AEST on 07/10/2019 and 11.59pm AEST on 13/10/2019) will be drawn at 9.00am AEST on 14/10/19.
4. Week 4 entries (entries received between 12.00am AEST on 14/10/2019 and 11.59pm AEST on 20/10/2019) will be drawn at 9.00am AEST on 21/10/19.
5. Week 5 entries (entries received between 12.00am AEST on 21/10/2019 and 11.59pm AEDT on 27/10/2019) will be drawn at 9.00am AEDT on 28/10/19
6. Week 6 entries (entries received between 12.00am AEST on 28/10/2019 and 11.59pm AEDT on 03/11/2019) will be drawn at 9.00am AEDT on 04/11/19
7. Week 7 entries (entries received between 12.00am AEST on 04/11/2019 and 11.59pm AEDT on 10/11/2019) will be drawn at 9.00am AEDT on 11/11/19
8. Week 8 entries (entries received between 12.00am AEST on 11/11/2019 and 11.59pm AEDT on 17/11/2019) will be drawn at 9.00am AEDT on 18/11/19
Type No. Available Details Value
Game of Skill Major Prize One (1) The Major Prize will consist of:
- Return economy class airfares for two (2) from winners nearest Australian Capital city to Hamilton Island (Note: If the Game of Skill Major Prize Winner is from Hamilton Island they will not be awarded the air travel element of the prize.)
- All airline and airport taxes;
- Return private helicopter transfers from airport to accommodation for two (2)
- Two (2) nights luxury accommodation at Daydream Island Resort in a Serenity Suite
- Daily breakfast for two (2);
- Explore the magical Whitsunday Islands and Whitehaven Beach
on board a day tour full of snorkelling, swimming, and paddle boarding for two (2)
- Relax and unwind at the spa valued at up to
AUD$500 total for two (2)
- AUD$500 spending money
Up to $9,000
Game of Chance Minor Prize Fifty six (56) The Minor Prize will consist one (1) $100 EFTPOS Gift Card.
Up to $5,600.
Value of Prize Pool
Game of Skill prize pool - up to $9,000.
Game of Chance prize pool - up to $5,600.
Conditions of prize
As per conditions of entry. Prizes are not transferable & cannot be converted to cash
Game of Skill Major Prize Conditions: All travel is subject to availability at all times and maybe dependent on select seat class with airlines or specific room category availability with accommodation partner. Travel is valid until 25 November 2020. Block out periods include all Australian School & Public Holidays along with any other special event periods. All bookings must be made a minimum of 45 days in advance of requested departure dates. All bookings and documentation regarding the prize must be made via Free-2-Travel Holidays Pty Ltd or their agents. Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2-Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices. No portion of the prize is redeemable for cash. The prize is non-refundable or transferable. Winner is responsible for any amendments fees issued by airlines or suppliers once booking is confirmed and ticketed. Any additional spending money, meals (other than those included) and any other ancillary costs, including but not limited to insurance and any applicable insurance excesses, not listed in the travel prize package descriptions above are the responsibility of the travel prize winner and his/her nominated traveling companions. It is the winner's responsibility to organise transport to/from the airport departure/return point. Prize winner and travel companions must have valid travel insurance for their period of travel.
Game of Chance Major Prize Conditions: $100 EFTPOS Gift Card will be subject to the issuer’s terms which can be read at www.giftcardplanet.com.au/eftpos-cardholder-terms. The vouchers should be treated like cash and cannot be replaced if lost, stolen or destroyed.
Prize Winner Notification Game of Skill competition:
The Game of Skill Major Prize Winner will be notified by either telephone or email by 5.00pm AEST on 2 December 2019.
Game of Chance competition:
All Game of Chance Major Prize Winners will be notified by either telephone or email within 48 hours of the relevant Game of Chance Prize Draw.
Prize Winner Publication Details Game of Skill competition:
The first name and suburb of the Game of Skill Major Prize Winner will be published on www.nestle.com.au/productnews/winners by 9.00am AEDT on 09/12/2019.
Game of Chance competition:
The first name and suburb of the Game of Chance Major Prize Winners will be published on www.nestle.com.au/productnews/winners within two weeks of the relevant Game of Chance Prize Draw.
Prize Claim Date Game of Skill competition:
All prizes must be claimed by 09:00am AEDT on 6 January 2020. If the prize is not claimed by the Prize Claim Date, the prize will be forfeited and the Promoter may determine an alternative winner.
Game of Chance competition:
All prizes must be claimed within twelve (12) weeks of the relevant Game of Chance Prize Draw. If the prize is not claimed by the Prize Claim Date, the prize will be forfeited and the Promoter may determine an alternative winner.
Re-Judging and Re-draw, Prize Winner Notification and Publication Details
Game of Skill competition:
If required, the Promoter will conduct a further draw to determine prize winners at the offices of the Promoter, at 9.00am AEDT on 7 January 2020 The winner will be notified by email or telephone and their name will be published at www.nestle.com.au/productnews/winners on the same date.
Game of Chance competition:
For a game of chance, if required, the Promoter will conduct a further draw to determine prize winners at Unit 6/106 Old Pittwater Road, Brookvale NSW 2100 twelve (12) weeks after the relevant Game of Chance Prize Draw. The draw is electronic and winners will be selected at random. SA draw approval number 1392. The winner will be notified by email or telephone and their name will be published at www.nestle.com.au/productnews/winners on the same date.
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. Entry by SMS: Should the Promotion require an SMS entry, the cost of sending a text entry is the responsibility of the entrant and will vary depending on the mobile network used. Total cost of text entry made within Australia will not exceed 60 cents including GST, whether sent during the Promotional Period or not. Entrants may need to consult their mobile phone provider prior to entering the Promotion.
6. 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.
7. 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
8. Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
9. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to 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.
10. Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.
11. 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. 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.
12. 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 & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.
14. 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.
15. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.
16. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.
17. 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.
18. 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.
19. 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.
20. Australian Consumer Law: The winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. 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.
21. Tampering: The Promoter reserves the right to 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 future promotions of the Promoter.
22. Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion.
23. 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 control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to 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, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
24. Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.
25. Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion 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.
26. 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.
27. Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
28. 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 misleading and deceptive conduct.
29. 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.
30. Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.
31. 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 Twitter from any and all liability relating to the Promotion.