Conditions of entry
Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
ELIGIBILITY
Conditions of entry
Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
ELIGIBILITY
Entry is only open to residents of Australia and New Zealand aged 18 years or older who, in the event they are the Major Prize winner, can travel to and remain in the Blue Mountains, Australia for two (2) nights during the period 04/03/2017 – 31/08/2017 (inclusive) in order to participate in the Major Prize as set out in Conditions 11 and 12 (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.
PROMOTIONAL PERIOD
The promotion commences at 9:30am (AEDT) for Australian residents (11:30am (NZDT) for New Zealand residents) on 06/02/2017 and ends at 11:59pm (AEDT) on 28/02/2017 for Australian residents (1:59am (NZDT) on 01/03/2017 for New Zealand residents) (Promotional Period).
HOW TO ENTER
To enter, Entrants must, during the Promotional Period:
log on to http://www.nutella.com (Promotional Website);
play ‘the love hunt’ game in the manner required; and
fully and correctly complete and successfully submit the online entry form in the manner required, including providing the Entrant’s full name, date of birth, residential address, contact telephone number and current and valid email address,
(together, an Entry).
Multiple Entries are permitted, however each Entry must be submitted separately and must independently comply with these Conditions of Entry.
Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by an Entrant on their entry form will deem their Entry invalid.
Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
DRAW
The draw to determine the winners will take place at 10:00am (AEDT) for Australian residents (12:00pm (NZDT) for New Zealand residents) on 03/03/2017 at 4.06/22 Mountain Street, Ultimo, NSW 2007. The winners will be notified in writing by email within two (2) days of the draw, and the name and locality of the Major Prize winner will be published in The Australian on 10/03/2017. All reasonable steps to notify the winners of the results of the draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
The Promoter may draw five (5) additional reserve Entries in the draw and record them (in order) in case an invalid Entry or ineligible Entrant is drawn or the Entrant is ineligible to accept or declines to participate in the prize. Each Entrant whose Entry is drawn by the Promoter must confirm their eligibility to be awarded the prize and their ability to accept and participate in the prize within fourteen (14) business days of being successfully notified by the Promoter that their Entry has been drawn, otherwise their Entry will be deemed invalid. In the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve Entry drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded. If after this process the prize has still not been awarded, or if an Entrant drawn cannot be notified, the Promoter will hold an unclaimed prize draw in accordance with Conditions 22 and 23.
PRIZES
Major Prize: The first eligible Entry randomly drawn from all Entries received during the Promotional Period will win one (1) travel prize to the Blue Mountains, Australia for two (2) nights during the period of 04/03/2017 – 31/08/2017 (inclusive) for the winner and one (1) companion aged 18 years or older, valued at up to AUD$6,000.00 / NZD $6,240.00 (depending on point of departure and prevailing exchange rate). The Major Prize comprises of the following elements:
two (2) return economy class airfares to Sydney, Australia from the Australian capital city airport closest to the ordinary residential address of the winner (for Australian residents) or from the serviceable New Zealand airport closest to the ordinary residential address of the winner (for New Zealand residents) (inclusive of airfare related taxes and charges). If the Australian capital city airport closest to the winner’s ordinary residential address is Sydney Airport, this component of the prize is forfeited;
two (2) nights’ accommodation at The Wollemi Wilderness Treehouse in Wollemi, Australia (twin share) (or similar – dependent on availability);
car rental of a motor vehicle of the winner's choice from the range of motor vehicles available to the winner as nominated by the Promoter in its sole discretion up to a maximum value of $1,000.00 for the maximum hire period of three (3) days. If the winner is under 21 years old or does not have a current valid Australian or New Zealand driver’s licence, this element of the prize is forfeited, and the Promoter will arrange another form of transport for the winner in its sole discretion. Alternatively, the winner may nominate their companion (if any) as the hirer, subject to the Promoter’s consent and the winner’s companion being over the age of 21 years old and holding a current valid Australian or New Zealand driver’s licence;
return transfers from The Wollemi Wilderness Treehouse to the Ferrero Australia factory in Lithgow; and
a tour of the Ferrero Australia factory.
The Major Prize must be booked by 01/06/2017 and travelled in full by 31/08/2017, or the Major Prize is forfeited. Redemption of the Major Prize is subject to availability and may be dependent on travel class availability, specific room category availability and travel ‘blackout’ periods applying (including school holidays and public holidays). All components of the Major Prize must be taken together and when offered or are forfeited. The Major Prize winner and their companion (if any) must travel together and depart from and return to the same departure point. The Major Prize winner and their companion (if any) may not accrue frequent flyer points. No extension or variation of the travel and/or accommodation date(s) nominated by the Promoter permitted. The Major Prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by a licensed agent nominated by the Promoter.
All additional costs not expressly stated, but which may be incurred in acceptance and use of the Major Prize, are the responsibility of the Major Prize winner and their companion (if any). Such additional costs may include, but are not limited to meals and beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the Major Prize, insurance, travel insurance, passports and visas (if applicable). The winner may be required to present a credit card at time of accommodation check-in and car hire.
The Major Prize winner and/or their companion (if any) must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the Major Prize. Acceptance of the Major Prize and participation in the Major Prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services suppliers and any other prize suppliers, and in particular behaviour and safety requirements. The Major Prize winner and/or their companion (if any) must follow all reasonable directions given by the Promoter and any prize supplier during the course of their participation in the Major Prize, including all directions in relation to behaviour and safety. The Promoter and any prize supplier reserve the right, in their absolute discretion, to refuse entry into or departure out of any Major Prize related venue or location, to disqualify, sanction and/or eject the Major Prize winner and/or their companion (if any) from any Major Prize related venue or location, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, or safety reasons, or for any breach of these Conditions of Entry generally. If the Major Prize winner and/or their companion (if any) fail to participate in the Major Prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their Entry and the balance of the Major Prize will be forfeited with no compensation payable.
Motor vehicle hire will be arranged and paid for by the Promoter. Rate for vehicle hire includes unlimited kilometres. Vehicle type is subject to availability and vehicle hire is subject to the rental company's normal rental terms and conditions. It is a condition of hire that the hirer holds a current valid Australian or New Zealand driver's licence and is above the age of 21 years old. The Promoter accepts no responsibility for damage or mistreatment to the hire vehicle caused by the hirer. The Promoter will not be liable for any additional expenses incurred by the hirer through mistreatment, illegal behaviour, or a violation of the vehicle hire's terms and conditions of use. All insurance, petrol, fines, tolls and damage costs, and any other related expenses, will be the responsibility of the Major Prize winner and their companion (if any). The hire vehicle must be returned to the original pickup location. If the Major Prize winner is under the age of 21 years old or does not have a current valid Australian or New Zealand driver’s licence, this element of the prize is forfeited, and the Promoter will arrange another form of transport for the winner in its sole discretion. Alternatively, the winner may nominate their companion (if any) as the hirer, subject to the Promoter’s consent and the winner’s companion being over the age of 21 years old and holding a current valid Australian or New Zealand driver’s licence.
If a New Zealand resident is the Major Prize winner, it is their sole responsibility to ensure their entry and the entry of their companion (if any) into Sydney, Australia, at their own expense, including ensuring all necessary passports are valid for six (6) months from date of travel and visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the Major Prize being forfeited.
Runner-up Prizes: The next fifty (50) eligible Entries randomly drawn from all remaining Entries received during the Promotional Period will each win one (1) Kambrook Pancake Maker, valued at up to AUD$80.00 / NZD$83.37 each (depending on prevailing exchange rate).
The precise date(s) for the delivery of the Runner-up Prizes will be subject to the availability of the applicable prize supplier(s) and reasonable notice being given to the Promoter. The delivery will take place at reasonably determined time(s) according to the respective schedules of the winners, the prize supplier(s) and the Promoter. Once the delivery is booked and confirmed by the Promoter or its agent, no changes may be made to the delivery by the winner unless agreed to by the Promoter in its sole discretion. In the event that no suitable time(s) and date(s) for the delivery are able to be arranged between a winner, the prize supplier(s) and the Promoter (as and where required), the delivery component of the prize will be forfeited with no compensation payable to the winner.
The Promoter reserves the right to request a winner and their companion (if any) produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the identity and age of the winner and their companion (if any) before issuing a prize and at any time during their participation in a prize.
It is a condition of accepting and participating in a prize that a winner and their companion (if any) may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
The total maximum prize pool value is up to AUD$10,000.00 / NZD$10,400.00 (depending on prevailing exchange rate). The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
GENERAL
The Promoter may conduct a further draw at the same time and place as the original draw as is necessary on 24/03/2017 in order to distribute the Major Prize if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner in the unclaimed prize draw for the Major Prize, the winner will be notified in writing by email within two (2) days of the draw, and the name and locality of the winner will be published in The Australian on 31/03/2017. All reasonable steps to notify the winner of the results of the unclaimed prize draw for the Major Prize (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
The Promoter may conduct a further draw at the same time and place as the original draw as is necessary on 06/06/2017 in order to distribute any Runner-up Prizes if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner(s) in the unclaimed prize draw for the Runner-up Prizes, the winner(s) will be notified in writing by email within two (2) days of the draw. All reasonable steps to notify the winner(s) of the results of the unclaimed prize draw for the Runner-up Prizes (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.
The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.
As a condition of entering this promotion, each Entrant consents to, in the event they are a winner, the Promoter using the Entrant's name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
As a condition of participating in the Major Prize, the Major Prize winner must procure that the Major Prize winner's companion (if any) also consents to the Promoter using their name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in the manner set out in this condition and agrees to participate in all reasonable promoted activities in relation to the prize as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable Australian State or Territory or New Zealand legislation.
If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable Australian State or Territory or New Zealand legislation.
The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Laws), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable).
Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
PRIVACY
The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is a Major Prize winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant Australian State or Territory lottery legislation.
The Promoter will provide to each Entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer for Australia and New Zealand, Derek Lath, at +61 (02) 9409 8805. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at https://www.nutella.com/en/au/privacy-policy for both Australian and New Zealand residents.
By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and New Zealand and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
In these Conditions of Entry: “Consumer Laws” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia and the Consumer Guarantees Act 1993 in New Zealand. “Personal Information” means in Australia, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not and in New Zealand, for the purpose of the Privacy Act 1993, information about an identifiable individual.
Promoter: Ferrero Australia (ABN 29 001 249 261) of Level 18, 168 Walker Street, North Sydney, NSW 2060; telephone: +61 (02) 9409 8800.
NSW Permit No. LTPS/17/11268. ACT Permit No. TP 17/00199. SA Permit No. T17/188.
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