Terms & Conditions
Schedule to Terms & Conditions of entry?Promotion name
Kinder 50th Birthday Promotion
Eligible States/Territories
Australia and New Zealand
Promotion period
Start: 01 Sep 2018 12:01 AM AEST
End: 31 Oct 2018 11:59 PM AEDT
No entries will be accepted outside this time.
Website address
www.kinder.com/en/au
Promoter
Ferrero Australia Pty Ltd
ABN: 29 001 249 261
Level 18?, 168 Walker Street?, North Sydney NSW 2060
Eligible entrants
Entry to the Promotion is open to Australian and New Zealand residents in all eligible states/territories who fulfill the method of entry requirements, are 18 years of age or older and are a parent or legal guardian of a child under the age of 18 years.
Details of prizes
MAJOR PRIZE POOL # 1 – Available to ALL entrants
There are a total of 6 x Major Prizes available in the total prize pool 1 category.
Each prize is valued at up to $10,000.00 each
Option 1: Be a Pilot for a day
- Return economy class airfares for four from winner’s nearest Australian capital city or their nearest major airport in New Zealand to Sydney. If the winner is from NSW, he/she and their companion must make their own way to the hotel and the prize does not include airfares and this element of the prize will be forfeited
- All airline and airport taxes (if applicable)
- Four days car hire with unlimited kms (minimum drivers age 21 yrs. with full license). Car hire is subject to standard rental terms of the provider and does not include fuel.
- Three nights 4-star accommodation in Sydney – 2 x twin share, with daily breakfast (hotel selected by the Promoter)
- The opportunity to be the pilot of a Boeing 737 on a 90-minute simulated experience for four adults
- Day pass admission for two adults to the Nubo innovative family play centre
- Enjoy the petting zoo and some lunch at the Grounds of Alexandria to the value of $200.00AUD for four adults
- A Toy Store voucher to the value of $350.00AUD
- AUD$500.00 spending money for the winner.
- Prize must be taken before 2nd November 2019 and is subject to booking availability.
Option 2: Disney on Ice 2019
- Return economy class airfares for four from winner’s nearest Australian capital city or their nearest major airport in New Zealand to Sydney. If the winner is from NSW, he/she and their companion must make their own way to the hotel and the prize does not include airfares and this element of the prize will be forfeited
- All airline and airport taxes (if applicable)
- Return private transfers from airport to accommodation. If the winner is from NSW, he/she and their companion must make their own way to the hotel and the prize does not include transfers and this element of the prize will be forfeited
- Two nights 4-star accommodation in Sydney – 2 x twin share at a hotel selected by the Promoter
- One night 4-star accommodation in Homebush – 2 x twin share at a hotel selected by the Promoter with daily breakfast
- Admission for four to Disney on Ice in 2019 (subject to show dates and availability)
- $500.00AUD to spend on Disney Merchandise at Disney on Ice for the winner
- Admission for four to Sydney Sea Life Aquarium and Wildlife Sydney Zoo
- Dinner at Hard Rock Cafe Darling Harbour to the value of $300.00AUD
- AUD$1,000.00 spending money for the winner.
- Prize must be taken before 2nd November 2019 and is subject to booking availability.
Option 3: Be a pirate
- Return economy class airfares for four from winner’s nearest Australian capital city or their nearest major airport in New Zealand to Sydney. If the winner is from NSW, he/she and their companion must make their own way to the hotel and the prize does not include airfares and this element of the prize will be forfeited
- All airline and airport taxes (if applicable).
- Return private transfers from airport to accommodation. If the winner is from NSW, he/she and their companion must make their own way to the hotel and the prize does not include transfers and this element of the prize will be forfeited
- Three nights 4-star accommodation in Sydney – 2 x twin share at a hotel selected by the Promoter with daily breakfast
- Be a pirate for a day for four adults as they sail the high seas on a 1.5-hour Tallship interactive experience in Sydney Harbour
- A Toy Store voucher to the value of $500.00AUD for the winner
- Admission for four to Sydney Sea Life Aquarium and Wildlife Sydney Zoo
- Dinner at Hard Rock Cafe Darling Harbour to the value of $300.00AUD
- AUD$1,000.00 spending money for the winner.
- Prize must be taken before 2nd November 2019 and is subject to booking availability.
Option 4: Live with Animals
- Return economy class airfares for four from winner’s nearest Australian capital city or their nearest major airport in New Zealand to Dubbo, NSW. If the winner is from NSW, he/she and their companion must make their own way to the hotel and the prize does not include airfares and this element of the prize will be forfeited
- All airline and airport taxes
- Three days car hire with unlimited kms (minimum drivers age 21 yrs. with full license). Car hire is subject to standard rental terms of the provider and does not include fuel.
- Two nights accommodation at Taronga Western Plains Zoo in an Animal View Zoofari Lodge for two Adults and two Children (age between 1 and 11 including:
- Daily Buffet breakfast at the hotel
- 2-day admission to Taronga Western Plains Zoo, including an exclusive behind the scenes tour with a guide
- Welcome cheese platter at the accommodation
- Canapes, banquet dinner and dessert, on a set menu on one night of the stay, which includes beverages (exclusions apply)
- An opportunity to Explore Taronga Western Plains Zoo with a 1-day bike hire
- $300.00AUD to spend at the Zoo shop at Taronga Western Plains Zoo for the winner only
- A Toy Store voucher to the value of $300.00AUD for the winner only
- AUD$1,000.00 spending money for the winner only
- Prize must be before 2nd November 2019 and is subject to booking availability.
Option 5: Meet a Superhero at Movie World
- Return economy class airfares for four from winner’s nearest Australian Capital city or their nearest major airport in New Zealand to Gold Coast, QLD. If the winner is from the Gold Coast, he/she and their companion must make their own way to the hotel and the prize does not include airfares and this element of the prize will be forfeited
- All airline and airport taxes (if applicable)
- 4 days car hire with unlimited kms (minimum drivers age 21 yrs with full licence). Car hire is subject to standard rental terms of the provider and does not include fuel.
- 3 nights 4-star accommodation in Gold Coast – 2 x twin share at a hotel determined by the Promoter, for two
- Daily breakfast for two at accommodation venue
- An opportunity to go behind the scenes of Movie World on an all access tour for two including:
- Reserved parking
- Australia's first coaster track walk
- Behind the scenes visits to some of key attractions
- Meet selected drivers & VIP seating at Hollywood Stunt Driver 4 show
- Morning tea & coffee
- Lunch, where you can meet some of the characters
- Unlimited Fast track to rides
- VIP area to watch the parade
- Souvenir photo & memento from your day
- A Toy Store voucher to the value of $150.00AUD for the winner
- Dinner for 2 at Four Winds Restaurant to the value of $250.00AUD
- AUD$500.00 spending money for the winner
- Prize must be taken before 2nd November 2019 and is subject to booking availability.
Option 6: We’ll Grant Your Wish
- A personal wish valued at up to $10,000.00. The winner for this prize will be selected by a panel of judges based on what the judges consider to be the cutest and most imaginative wish, as submitted at the time of entry. The wish must be achievable within the allocated budget and must not be inappropriate, as reasonably determined by the Promoter. In the event that the selected wish when fulfilled costs less than $10,000, the remainder of the budget will be forfeited and will not be awarded as cash. No element of the prize will be awarded as cash. Prize must be taken by 2nd November 2019 and is subject to availability of requested items/services in the winner’s area.
MINOR PRIZE POOL # 2 – Available to Retailer specific entrants?Woolworths Specific Prize Pool
Entrants who make their eligible Kinder purchase in any Woolworths store in Australia will also have the chance to win 1 of 200 x $50 Woolworths Gift Cards – Total Value $10,000.00
MINOR PRIZE POOL # 3 – Available to ALL entrants
100 x Kinder Gift Packs valued at $100.00. Contents of the Gift Pack will be determined by the Promoter. The prizes in this prize pool will be awarded via weekly draws.
Total number of prizes
306
Total prize value
Total prize pool (inc GST): $80,000
Method of entry
To enter, an entrant must, during the Promotion period:
Purchase any Kinder product from a retailer in Australia or New Zealand, enter their own details and their child’s details online at www.kinder.com/en/au and either choose from a list of predefined ‘wishes’ (Prize Pool 1 / options 1 to 5) or tell us your child’s special wish (Prize Pool 1 / option 6).
Winners of options 1 – 5 will be determined based on random draws. The winner of the special wish (Prize Pool 1 / option 6) will be chosen based on what the judges deem to be the cutest and most imaginative wish, as specified on the entry form.
Purchase receipts must be retained as proof of purchase for all entries. Failure to provide a purchase receipt may result in invalidation of all entries at the Promoter’s discretion and forfeiture of any right to a prize.
Maximum number of entries
1 (one) entry per eligible purchase of a Kinder product.
Purchase receipts must be retained as proof of purchase.
Prize draw
MAJOR PRIZE POOL # 1
Major Prize Options 1-5: Entries will be divided into groups in accordance with the major prize option selected by the entrant at the time of entry. A random prize draw will occur for each group for major prizes 1-5 at 11:00 AM AEDT on 02 Nov 2018. The first valid entry drawn in each group draw will win the prize allocated for that group.
Location of draw:
The Kinetic Agency?12 Upward Street?Leichhardt NSW 2040??One (1) winner of Option 6: We’ll Grant Your Wish will be chosen by a panel of judges from 11:00AM AEDT on 02 Nov 2018, based on what the judges consider to be the cutest and most imaginative wish. The best valid entry will be deemed the winner of this prize. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters.
Location of judging:??Ferrero Australia Pty Ltd?Level 18?168 Walker Street?North Sydney NSW 2060???MINOR PRIZE POOL # 2
One random draw will be conducted for the prizes available in this prize pool where Woolworths is nominated as the store of eligible purchase. The prize draw will occur 11:00 AM AEDT on 02 Nov 2018.
Location of draw:?The Kinetic Agency
12 Upward Street?Leichhardt NSW 2040??The first two hundred (200) valid entries drawn in the Woolworths draw will each win a $50 Woolworths Everyday Gift Card.
MINOR PRIZE POOL # 3
All entries received prior to the close time of each draw indicated below will be included in that draw. Entries into each weekly draw close at 10am on the day of the relevant weekly draw, with the exception of the last draw, where entries close at 11.59pm AEDST on 31 October 2018. Each weekly draw will occur 11:00 AM on the following dates.
Week 1 – 10 winners, Drawn 7 Sep 2018
Week 2 – 10 Winners Drawn 14 Sep 2018
Week 3 – 10 Winners Drawn 21 Sep 2018
Week 4 – 10 Winners Drawn 28 Sep 2018
Week 5 – 10 Winners Drawn 5 Oct 2018
Week 6 – 10 Winners Drawn 12 Oct 2018
Week 7 – 10 Winners Drawn 19 Oct 2018
Week 8 – 10 Winners Drawn 26 Oct 2018
Week 9 – 20 Winners Drawn 2 Nov 2018
Location of draw:?The Kinetic Agency
12 Upward Street
Leichhardt NSW 2040
The number of valid winners indicated above that are first drawn in each draw will each win a Kinder Gift Pack valued at $100.
Notification of winners
Winners will be notified via Email (and Telephone where required) within two (2) business days of draw.
Public announcement of winners
The winners of all prizes will be published here:
www.kinder.com/en/au from 08 Nov 2018
Unclaimed prize draw
In the event that any prize remains unclaimed, a random unclaimed prize draw(s) for such prize(s) will occur 11:00 AM AEDT on 28 Feb 2019
Location of draw:
The Kinetic Agency?12 Upward Street?Leichhardt NSW 2040
Notification of unclaimed prize winners
Unclaimed prize winners will be notified via Email (and Telephone where required) within two (2) business days.
Public announcement of winners from unclaimed prize draw
The winners of all unclaimed prizes will be published here:
www.kinder.com/en/au from 08 Mar 2019
Permit reference
Authorised under
NSW Permit No. LTPS/18/21894?SA Permit No. T18/211?ACT Permit No. TP 18/00263
Terms & Conditions of entry
- Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms of entry must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- The Promotion will be conducted during the Promotion period.
- The Prize/s are specified in the Details of prizes section of the Schedule.
- The total prize pool is specified in the Total prize value section of the Schedule.
- Any prize is valued in Australian dollars unless expressly stated to the contrary.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the Maximum number of entries (if applicable).
- The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
- The winner does not need to be present at the draw unless expressly stated to the contrary.
- The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
- The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
- It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable (through no fault of the Promoter) to use the prize as stated.
- The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw(s) in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the Promoter may substitute with a prize of higher or equal value “subject to any written directions from a regulatory authority”. The Promoter is not allowed to deduct any administrative costs associated with provision of the prize.
- Travel prize conditions: Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize is subject to booking and flight availability. The winner and their companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and their companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check in. Prize is subject to the standard terms and conditions of individual prize and service providers. All prize values are in AUD.
- To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and, to the extent permitted by law, the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, where permitted by law, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- Without limiting any of the foregoing, the Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
- To the extent permitted by law and subject to approval by the relevant regulatory authorities where required, the Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Errors and omissions may be accepted at the Promoter’s discretion.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value, subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize). If a winner does not take the prize by the date specified by the Promoter, the prize will be forfeited.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, unauthorised intervention, technical difficulties or fraud, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to law and the approval of the relevant authorities.
- All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content, and agree to execute any documents in this respect, as specified by the Promoter. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. Entrants warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. Entrants agree that the Promoter has no obligation to credit them as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights they may have as an author of content.
- Winners consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion, such as contractors and agents, and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter and third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
- The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy policy available at www.kinder.com/en/au/legal-aspects. Entry is conditional on providing the requested personal information. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Australian entrant’s personal information overseas – see Privacy Policy for details.
- The Promotion and these Terms of entry will be governed by the law of Australia. Entrants accept the non-exclusive jurisdiction of courts and tribunals of Australia in connection with disputes concerning the Promotion.
- Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, or Instagram.