1. Information on how to participate forms part of these Terms and Conditions. Participation is deemed acceptance of these Terms and Conditions.
2. This program is conducted by Nestlé Australia Ltd (ABN 77 000 011 316), Building D, 1 Homebush Bay Drive, Rhodes NSW 2138, Australia.
3. Participation in the program is only open to Australian residents aged 18 years and over. Employees (and their immediate families) of Nestlé Australia and Nestlé Australia competitors are ineligible to apply. In these Terms and Conditions, a "Nestlé Australia competitor" is any company that sells or manufactures products in the same industry or product categories as Nestlé Australia.
4. Applications open on 31.08.2021 and close on 11.59pm AEDST on 05.09.2021 ("Application Period"). To apply, individuals must visit here. and complete the application form during the Application Period.
5. Nestlé Australia reserves the right, at any time, to verify the validity of applications and participants (including a participant's identity and age) and reserves the right, in its sole discretion, to disqualify any individual who Nestlé Australia has reason to believe has breached any of these Terms and Conditions, tampered with the application process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the program. Failure by Nestlé Australia to enforce any of its rights at any stage does not constitute a waiver of those rights. Nestlé Australia's legal rights to recover damages or other compensation from such an offender are reserved.
6. Incomplete or indecipherable applications will be deemed invalid.
7. Only one (1) application permitted per person.
8. Nestlé Australia will review all applications for suitability for participation in taste tester programs via a survey to all those that have completed the application during the application period ("Trial").
9. Nestlé Australia will then select the participants required to take part in the Trial. Nestlé Australia's decision is final and no correspondence will be entered into.
10. Each selected participant will be provided with a Nestlé Australia product. The exact product will be determined by Nestlé Australia in its absolute discretion.
11. Each selected participant agrees to participate in the Trial in consideration of receipt of the Nestlé Australia product.
12. At the conclusion of the Trial Period, participants must then submit a review of the product to Nestlé Australia. Participants must include in their review any specific wording provided by Nestlé Australia to ensure it is clear that their review has resulted from participation in the Trial. Participants warrant that they will respond honestly in relation to the products they taste test, and any review provided will be a true reflection of the participant's opinion. For the avoidance of doubt, reviews can be positive or negative, and this will not impact a participant's ability to remain part of the program.
13. Participants agree that they are fully responsible for any materials they submit via the program including but not limited to comments, recordings and images ("Content"). Nestlé Australia shall not be liable in any way for such Content to the full extent permitted by law.
14.Participants warrant and agree that:
- they will not submit or post any Content that is unlawful or fraudulent, or that Nestlé Australia may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, racist, socially unacceptable or otherwise unsuitable for publication;
- their Content shall not contain viruses or cause injury or harm to any person or entity;
- they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
- the Content is the original work of the participant that does not infringe the rights of any third party;
- they consent to any use of the Content which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights and
- they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
15. Without limiting any other terms herein, participants agree to indemnify Nestlé Australia for any breach of the above clauses 12 and 14.
16. As a condition of participating in this program, each participant licenses and grants Nestlé Australia, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
17. If this program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Nestlé Australia, including but not limited to technical difficulties, unauthorised intervention or fraud, Nestlé Australia reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the program, as appropriate.
18. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees").
19. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Nestlé Australia (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 loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under Nestlé Australia's control); (b) any theft, unauthorised access or third party interference; (c) any application that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Nestlé Australia) due to any reason beyond the reasonable control of Nestlé Australia; (d) any tax liability incurred by a participant; or (f) use of any Nestlé Australia product.
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