Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

Schedule to Conditions of Entry

Promotion Name:  Uncle Tobys Homegrown Competition – 2016 (“The Promotion”)

Promoter: The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as Cereal Partners Australia of Building D, 1 Homebush Bay Drive, Rhodes NSW 2138.

Website: 

www.facebook.com/uncletobys

www.uncletobys.com.au

Gift With Purchase and Registration Period:  To receive your free seed pack go to a Woolworths that is displaying the point of purchase material from 12.00am AEST on 4 May 2016 – 1 June 2016 at 11.59pm AEST.

Promotional Period: The Promotion starts at 12.00am AEST on 4 May 2016 and closes at 11.59pm AEST on 27 July 2016.

Entry Restrictions: Entry is open to residents of Australia who are aged 15 years and over. Entrants can enter individually or part of a family. If the individual is under 15 years of age, the entrant must be either the parent or guardian of that individual.

Entry Method:  To enter, entrants must:

(i)            During the Gift With Purchase and Registration Period, go to a participating Woolworths that is displaying the Uncle Tobys Homegrown Competition point of sale material;

(ii)           Purchase any one (1) product from the UNCLE TOBYS range;

(iii)          Go online, register your details along with your proof of purchase by 1 June 2016 to receive your seed pack;

(iv)         During the Promotional Period, they must enter the promotion by either uploading the photo or the video to Instagram, Twitter or to the Uncle Tobys Facebook page with the hashtag #homegrownoats. The photos or videos must show the progress of their plant.

(v)          Continue throughout the Promotional Period: Entrants are encouraged to upload photos or videos multiple times throughout the Promotional Period. A minimum of 1 photo or video must be uploaded to either the Uncle Tobys Facebook page, Instagram or Twitter and tagged with #homegrownoats in any week of the Promotional Period to qualify for the Minor Prize of that week.

(vi)         The Promoter will judge all entries to determine winners.

Maximum entries permitted: Entry is unlimited. A minimum of 1 photo or video must be uploaded to either the Uncle Tobys Facebook page, Instagram or Twitter and tagged with #homegrownoats in any week of the Promotional Period to qualify for the Minor Prize of that week.

Judging Details:  The Promoter will judge all the posts submitted by the entrant throughout the Promotional Period and will choose the most creative, original and suitable entry to be awarded with a major prize.

In determining the major prize winner, the Promoter will also judge the entrants level of participation with the Promotion on social media (“Major Prize Winner”). The Promoter will judge on 8 August 2016 to determine a Major Prize Winner.

The following 60 (sixty) most creative, original and suitable entry will be awarded with a minor prize. Judging to determine the minor prize winner will take place each Wednesday Monday from the preceding weeks (from Wednesday Monday am – Tuesday Sunday pm) during the Promotional Period starting 11 May 2016. There will be five (5) six (6) minor prize winners determined each week. In determining the minor prize winner, the Promoter will also judge the entrants level of engagement with the Promotion on social media (“Minor Prize Winner”).

All decisions are at the discretion of the Promoter and no correspondence will be entered into.

Prize:

Type – Major Prize      

No. Available – 1

Details – The Major Prize will consist of one (1) Flight Centre Travel Group Gift Card to the value of $5,000.

Value – $5,000

 

Type – Minor Prize

No. Available – 60

Details – The Minor Prize will consist of one (1) hamper of Uncle Toby’s products valued at $150.

Value – $150

 

Value of Prize Pool: Up to $14,000

Conditions of prize: As per conditions of entry. Prizes are not transferable & cannot be converted to cash.

The gift card will be valid for 12 months from the date of issue. Any unused balance may be used against future purchases, but will not be refunded or credited when the gift card expires. Full terms and conditions for the gift card can be found at www.flightcentre.com.au/travel-extras/gift-cards.

Prize Winner Notification and Announcement: Major and Minor Prize Winners will be notified by email within 48 hours of being determined.  Major Prize Winner will be announced 10 August 2016.

Prize Winner Publication Details: The Major and Minor Prize Winners name and postcode will be published on www.nestle.com.au/productnews/winners by 12 August 2016.

Prize Claim Date: All prizes must be claimed by 9 September 2016 at 9.00pm AEST. If the prize is not claimed by the Prize Claim Date, the prize will be forfeited and the Promoter may determine an alternative winner.

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 exceeding $500 will be published in the Australian, or by radio, or television, or by internet.
  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.
  13. 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.
  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. The Promoter reserves the right to refuse to allow a winner (and their nominated companions) to take part in any or all aspects of a prize if the Promoter determines, in its absolute discretion, that a winner (and/or their nominated companions) are not in the mental or physical condition necessary to be able to safely participate.
  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.
  32. 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 005 510.