Win 1 of 12 L'OR Barista Latte coffee machines

1. Information on how to enter forms part of the terms of entry. Entry into the Nescafé BLEND 43
Gogglebox Yourself Competition (“Competition”) is deemed acceptance of these terms and
conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia. However, employees and the immediate families of
Network Ten Pty Limited, Foxtel Management Pty Limited (the “Co-Promoters”), Nestlé
Australia Limited (the “Sponsor”) and their associated agencies and companies or any
organisation or individual associated with the provision of the prize(s) are not eligible to enter.
Entrants must be residing in Australia at the time of entry, or their entry may be deemed
invalid.
3. Entrants under 18 years of age must have the prior approval of their parent or legal guardian to
enter.
Competition Period
4. The competition commences on Monday, 6 July 2020 at 12:00 AEST and closes on Monday, 17
August 2020 at 23:59 AEST (“Competition Period”).
5. The Competition will be advertised on, but not limited to, Network 10, www.10play.com.au,
Foxtel’s Lifestyle Channel and www.lifestyle.com.au.
How to Enter
6. To participate in the Competition entrants must enter via one (1) of the following methods:
a. Take a ‘Gogglebox Yourself’* video (maximum 30 seconds) or photo and then either:
i. Log into their Instagram account and upload the video or photo with the two (2)
hashtags #NESCAFEBLEND43 and #goggleboxyourself. Account must be set to
public and posted in the feed, not as an Instagram Story; or
ii. Go to www.10play.com.au/win and upload the video or photo. Video file must
be in either mp4, m4v, webm, mkv or mov format, and no larger than 5mb in
size. Alternatively, submit their video entry with a Vimeo or YouTube link.
*For the avoidance of doubt, “Gogglebox yourself” refers to an entrant making a
video recording or photograph of themselves/family/friends and their reaction/s
while watching their favourite program/s on television, streaming or video services.
b. Entrants are encouraged to feature a coffee cup or mug; however, this is not mandatory.
7. It is free to enter, however, the cost of accessing the Instagram App or promotional website is
dependent on the entrant’s individual service provider. These Terms and Conditions apply in
conjunction with the 10 Members rules.
NESCAFÉ Gogglebox Terms and Conditions Page 2 of 7
8. This is a game of skill; chance plays no part in determining the Winner/s. Each entry will be
individually judged based on its creative merit to determine the most engaging and entertaining
entry as determined by the judges. The judges’ decision in relation to any aspect of the
competition will be final and binding on every person who enters. No correspondence will be
entered into.
9. Entrants may enter as many times as they like, however, each entry must be significantly
different to any previous entry.
10. Entries must be received by Monday, 17 August 2020 at 23:59 AEST to be included in the Prize
judging. Each valid entry received over the duration of the Competition Period will be entered
into the Prize judging.
11. The time of entry will in each case be the time the online entry is received by the Co-Promoters’
database and Instagram. The Co-Promoters accept no responsibility for any late, lost or
misdirected entries due to technical disruptions, network congestion or for any other reason.
12. The Co-Promoters are entitled to use any of the entries submitted in any manner and for any
purpose at their absolute discretion, including promotional, marketing and publicity purposes
without any further reference or payment or other compensation to the entrant. The CoPromoters are entitled to amend, edit, select, crop, retouch, add to or delete from any part of
the submitted entry.
13. Entrants warrant to the Co-Promoters the entry submitted is an original work of the Entrant
that does not infringe the rights of any third parties and that any people featured in the
videos have consented to their image being used as part of the entry. Entrants posting
videos or images of people under 18 years of age acknowledge they have acquired parental
or guardian consent and take full responsibility for all content uploaded as a part of their
competition entry.
14. Entries must not include any third-party intellectual property (such as a logo). If the entry or
any part of the information provided to the Entrant in relation to the entry was provided by a
third party, the Entrant warrants they have obtained the relevant copyright permission to
submit the entry for the purposes of this promotion. The entrant agrees to indemnify the CoPromoters against all claims and costs by third parties arising from a breach of the warranty
set out in this condition.
15. Entrants must not submit an entry that could be considered offensive, insensitive, defamatory or
racist. Entries must not include swearing, inappropriate behaviour or language, MA or R rated
images, vision or audio. Any entry which the judges, at their discretion, deem inappropriate,
incomprehensible and incomplete will be invalid. The entrant agrees to indemnify the CoPromoters.
16. The account holder is responsible for any activity and/or entries that have been submitted using
their device (E.g. Phone, computer, tablet etc). It is the account holder’s sole responsibility to
control any and all access to their device. The Co-Promoters will not be responsible for any loss,
damage or costs incurred as a result of failure to comply with this. Entrants must not use
another’s device without express permission from the account holder.
NESCAFÉ Gogglebox Terms and Conditions Page 3 of 7
Rights and Release
17. By entering into the Competition you:
a. Consent to the Co-Promoters using your entry in any manner and for any purpose at
its absolute discretion without any further reference or payment or other
compensation to the entrant, including communication of the entry video or photo
in any media (now existing or hereafter devised) throughout the world in perpetuity
which may include Broadcast on Foxtel, Channel 10, Channel Bold or Channel Peach,
publication on the Co-Promoters’ websites, social accounts, promotional, marketing
and publicity purposes;
b. Consent to the Co-Promoters editing the entry in any way;
c. Grant to the Co-Promoters the right to use your name, image and likeness in
connection with the entry and the Competition;
d. Assign to the Co-Promoters, by way of present and future assignment of existing and
future rights, all rights in all material created by in connection with the entry
immediately upon their creation and grant to the Co-Promoters a worldwide, royalty
free, exclusive, irrevocable licence to exploit the entry;
e. Consent to such acts that might otherwise infringe your moral rights in respect of all
material created under these Terms & Conditions of Entry and you agree that the
Co-Promoters are not required to credit you in its exploitation of the entry.
18. In consideration for the Co-Promoters awarding the prize to the Winner/s, the Winner/s hereby
permits the Winner’s image and/or voice, as recorded, photographed or filmed during the
Winner’s participation in the prize to appear in connection with Network 10, Foxtel or the
advertising or marketing thereof, in any media whatsoever through the world and the Winner
will not be entitled to any fee for such use.
Prize Judging
19. Winners will be judged from all entries received throughout the competition period and three
(3) Major Prize Winners will be selected by a judging panel at Network 10 at 1 Saunders Street,
Pyrmont NSW 2009 on Tuesday, 18 August 2020 from 10:00 AEST. The Winner/s will be the
Entrant/s who, in the sole opinion of the judges, has submitted the most creative ‘Gogglebox
yourself’ video or image, as specified in clause 10. The Prize Winner/s will be notified by email
and/or in writing and/or via an Instagram message by Channel 10 within five (5) days of the
Prize Determination Date. The method of Winner notification will be dependent on the contact
information that is available for the Major Prize Winners. The Winner’s details will be published
on the 10 Play website at 10play.com.au from Thursday, 3 September 2020.
20. An entry that is made on behalf of an entrant by a third party will be invalid.
21. An Instagram entry will only be valid if the entry includes the relevant two (2) hashtags (as per
clause 6a) and the entrant's Instagram is set to public status. Instagram posts must remain on
the entrant's Instagram account for at least seven (7) days after the last time and date for
judging.
22. As stipulated in clause 20, Channel 10 will contact the Winner/s via direct message in their
Instagram and will provide them with an email to use to contact Channel 10. It is the
responsibility of the entrant/s to check if they have been messaged as a Winner. The Winner/s
is to contact Channel 10 at the email address provided with their mailing address within seven
(7) days of the Winner announcement. If they do not contact the Channel 10, the Winner/s will
be re-judged.
NESCAFÉ Gogglebox Terms and Conditions Page 4 of 7
23. The Co-Promoters reserve the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and to disqualify any entrant who
submits an entry that is not in accordance with these Terms and Conditions or who tampers
with the entry process. Error and omissions will be accepted at the Co-Promoters’ discretion.
Failure by the Co-Promoters to enforce any of its rights at any stage does not constitute a
waiver of those rights.
24. All reasonable attempts will be made to contact the Winner/s. Given the air date of the online
winner TV feature element of the prize, if a Prize remains unclaimed by the Winner/s or
unallocated or forfeited for any reason, by Friday, 21 August 2020 at 10:00 AEST, the Prize/s
will be re-allocated to the entrant that has submitted the entry which best meets the judging
criteria excluding the entrant/s that has failed to claim the prize/s. This Unclaimed Prize
Determination will take place at Network 10 at 1 Saunders Street, Pyrmont, NSW 2009 at
Friday, 21 August 2020 at 14:00 AEST. The Winner of the Unclaimed Prize Determination will be
notified by telephone and in writing within 5 days of the Unclaimed Prize Determination and
will be published on the 10 Play website at 10play.com.au from Thursday, 3 September 2020.
Prize Details
25. There will be Three (3) Major Prize Winners judged from all entries received (via social channels
and Online) who will win the following prize/s:
Number Prize Details AUD Value
Three
(3) x Major
Prize
• $10,000 Bank Transfer
• Feature on TV (30 second Television Commercial
featuring each winning video broadcast in the next series of
Gogglebox on Network 10 and Foxtel from Tuesday 1
September 2020)
$10,000.00
TOTAL PRIZE VALUE - AUD $30,000.00
26. The total Prize Pool is valued at $30,000.00 (including GST).
27. Any ancillary costs associated with redeeming the prize/s are not included. These are the
responsibility of the Winner.
28. All prizes are non-transferrable. Prizes must be taken as offered. Prize values are in Australian
dollars. Prize Winners are advised that tax implications may arise from their prize winnings and
they should seek independent financial advice prior to acceptance of their prize.
29. Prize monies will be transferred into the bank account nominated by the Winner/s. The CoPromoters and Sponsor will not be responsible for the Winner/s not receiving prize funds as a
result of incorrect bank account number details or other details affecting the transfer.
30. In acceptance of the prize/s, the Winner/s acknowledges that they may incur ongoing costs
associated with the prize which are the entire responsibility of the Winner/s.
31. If the prize Winner/s is under 18 years of age at the time of judging, the prize/s will be awarded
to their nominated Parent or Legal Guardian on behalf of the Winner/s. The Winner/s and
parent or guardian may be required to sign a prize transfer form.
NESCAFÉ Gogglebox Terms and Conditions Page 5 of 7
32. The Co-Promoters’ decision is final and the Co-Promoters will not enter into correspondence
regarding the Competition result.
33. Personal information about all prize Winners will be shared with the Sponsor (prize provider),
and their agents, to the extent necessary for prizes to be delivered to the prize Winners.
34. If the Major Prize Winner/s does not provide proof of meeting the valid entry requirements of
notification of winning, the Major Prize/s will be forfeited in full, and the Winner/s will have no
further claim. A re-judging will be held to award the Major Prize/s to a valid entrant/s.
35. Prizes will be awarded to the person named in their contestant entry. Should an entrant’s
contact details change during the Competition Period it is the entrant’s responsibility to notify
the Co-Promoters. A request to access or modify any information provided in an entry should
be directed to the Co-Promoters.
36. It is a condition of accepting the prize the Winner/s may be required to sign a legal release in a
form determined by the Co-Promoters in their absolute discretion.
37. By accepting the prize/s, the Winner/s agrees to participate in and co-operate as required with
all reasonable media editorial requests relating to the prize/s, including but not limited to, being
interviewed and photographed, filmed and/or chaperoned throughout the duration of the
prize.
Standard Clauses
38. This promotion is in no way sponsored, endorsed, administered by or associated with Instagram.
You are providing your information to The Co-Promoters and not to Instagram. The information
you provide will only be used for the purpose of this competition unless otherwise specified in
these terms and conditions. Any questions, comments or complaints about this Competition
must be directed to the Co-Promoters and not to Instagram.
39. Entry and continued participation in the Competition is dependent on entrants following and
acting in accordance with Instagram terms of use, including but not limited to clauses relating to
entrants with an Instagram account who are under the age of 13 at the time of entry, which can
be viewed at https://help.instagram.com/581066165581870.
40. This Competition adheres to the terms and conditions set out in the Instagram promotion
guidelines which can be found at: https://help.instagram.com/179379842258600.
41. All entrants unconditionally and irrevocably release and discharge Instagram from any and all
liability in relation to this Competition.
42. If for any reason this Competition is not capable of running as planned, including due to
infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical
failures or any causes beyond the control of the Co-Promoters, which corrupt or affect the
administration, security, fairness or integrity or proper conduct of this promotion, the CoPromoters reserve the right in its sole discretion to disqualify any individual who tampers with
the entry process, take any action that may be available, and to cancel, terminate, modify or
suspend the Competition, subject to government legislation.
NESCAFÉ Gogglebox Terms and Conditions Page 6 of 7
43. If your entry is selected as a winning entry, validation of your circumstances, the validity of your
entry will be undertaken by the Co-Promoters. Method of validation (without limitation) will be
determined by the Co-Promoters at their complete discretion. If a winning entry is deemed to
be a Winner, the Winner will be notified as per the terms and conditions herein. In the event
that the Co-Promoters request the entrant to sign any legal documents relating to the
verification of their medical circumstance, the legal documents will take the form determined by
the Co-Promoters. It is a condition of accepting the prize the Winner signs any such legal
documentation.
44. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude
or modify the statutory consumer guarantees as provided under the Competition and Consumer
Act, as well as any other implied warranties under the ASIC Act or similar consumer protection
laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any
liability that cannot by law be excluded, including the Non-Excludable Guarantees, the CoPromoters (including their respective officers, employees and agents) excludes all liability
(including negligence), for any personal injury; or loss or damage (including loss of opportunity);
whether direct, indirect, special or consequential, arising in any way out of the promotion and:
(a) any technical difficulties or equipment malfunction (whether or not under the Co-Promoters’
control); (b) any theft, unauthorised access or third party interference: (c) any entry or prize
claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the
Co-Promoters) due to any reason beyond the reasonable control of the Co-Promoters; (d) any
variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred
by a Winner or entrant; or (f) use of the prize.
45. If this promotion 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 the Co-Promoters, the CoPromoters reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to
disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to
modify, suspend, terminate or cancel the promotion, as appropriate, subject to government
legislation.
46. All entries become the property of the Co-Promoters. The Co-Promoters collects personal
information about you to enable you to participate in this promotion but no further use of this
information will be made without prior consent.
47. The Co-Promoters shall not be liable for any loss or damage whatsoever which is suffered
(including but not limited to indirect or consequential loss) or for any personal injury suffered or
sustained in connection with any prize/s except for any liability which cannot be excluded by
law. The Co-Promoters are not responsible for any incorrect or inaccurate information, either
caused by the phone user or for any of the equipment or programming associated with or
utilised in this Competition, or for any technical error, or any combination thereof that may
occur in the course of the administration of this Competition including any omission,
interruption, deletion, defect, delay in operation or transmission, communications line or
telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or
alteration of entries.
48. For entrants aged 15 and above, and with your express consent to do so, by checking the opt-in
tick box on 10play.com.au to receive marketing communications from the Sponsor, Nestlé
Australia Ltd will handle entrant’s personal information (e.g. first name, last name, postcode,
phone number, email address, gender, date of birth) in accordance with their Privacy Policy
NESCAFÉ Gogglebox Terms and Conditions Page 7 of 7
which can be accessed at https://www.nestle.com.au/en/info/privacynotice. Nestlé Australia
Ltd’s Privacy Policy may be updated from time to time and it will be the entrant’s responsibility
to keep up to date with any changes to the Privacy Policy. The entrant must be aged 15 years
and over to opt in, and the entrant may at any time, opt out of receiving contact from Nestlé
Australia Ltd by sending an email to Privacy.Officer@au.nestle.com.
49. You consent to The Co-Promoters collecting your personal information for the purpose of
conducting and promoting this Competition (including but not limited to determining and
notifying the Winner and prize fulfilment). Your personal information may be disclosed to a
third party as a result of entering this competition. Your personal information may be disclosed
to State and Territory lottery departments and Winners’ names published as required under the
relevant lottery legislation. For purposes of public statements and advertisements The CoPromoters will only publish the Winner’s surname, initial and State. A request to access, update
or correct any information should be directed to the Co-Promoters. If you are not willing for this
to occur you cannot participate in the promotion.
50. The Co-Promoters are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988
(Cth) and by entering the Competition, you (the entrant) are taken to consent to Network Ten
Pty Limited’s privacy policy which contains information, amongst other things, about how you
may access personal information that is held by Network Ten Pty Limited about you and seek
correction of such information. See https://www.cbsinteractive.com/legal/cbsi/privacypolicy/network-10-highlights to view Network Ten Pty Limited’s APP Privacy Policy in full. Our
APP Privacy Policy also contains information about how you may complain about a breach of the
APPs, or a registered code that is binding on our organisation and how Network Ten Pty Limited
will deal with such complaints. We may disclose your personal information to related entities
and third party service providers outside Australia. See
https://www.foxtel.com.au/about/privacy/privacy-policy.html to view Foxtel Management Pty
Ltd’s Privacy Policy in full.
51. The Co-Promoters are Network Ten Pty Limited (ABN: 91 052 515 250) of 1 Saunders Street,
Pyrmont NSW 2009 and Foxtel Management Pty Ltd (ABN: 65 068 671 938) of 5 Thomas Holt
Drive, North Ryde, New South Wales, Australia. The Sponsor is Nestlé Australia Ltd (ABN: 77 000
011 316) of Building D, 1 Homebush Bay Dr, Rhodes NSW, Australia.