TERMS AND CONDITIONS

1.    Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2.    The promoter is Ferrero Australia Pty. Ltd (ABN 29 001 249 261) of Level 18, 168 Walker Street North Sydney, 2060 NSW ("Promoter"). Telephone: (02) 9409 8800.

3.    Entry is only open to Australian residents aged 18 years or over.

4.    Employees (and their immediate families) of the Promoter, participating stores and agencies associated with this promotion are ineligible to enter. 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.

5.    The promotion commences on 19/09/2016 and ends at 11:59pm AEDST on 16/10/2016 ("Promotional Period").

6.    To enter, individuals must complete the following steps during the Promotional Period:

a.    Purchase any Eligible Product (defined below) from any IGA, Supa IGA, IGA X-press, IGA Fresh, Friendly Grocer, Foodland, Foodworks or Spar supermarket in Australia that stocks the Eligible Products ("Qualifying Transaction"); and then

b.    Visit https://www.tictac.com.au/en/, follow the prompts to the promotion entry page, input the requested details including their full name, address, email address, mobile number, barcode number from the Eligible Product purchased, and submit the fully completed online entry form.

"Eligible Products" will be any of the following Tic Tac with faces limited edition products:

•    93513258 - Tic Tac with faces limited edition Orange 24g
•    93513265 - Tic Tac with faces limited edition peppermint 24g
•    93698009 - Tic Tac with faces limited edition Orange 49g
•    93698016 - Tic Tac with faces limited edition peppermint 49g
•    9300698501768 - Tic Tac with faces limited edition orange 98g
•    9300698501751 - Tic Tac with faces limited edition peppermint 98g.

7.    Only one (1) entry is permitted per person and only one (1) entry is permitted per Eligible Product purchased.

8.    Entrants must retain their purchase receipt for the Qualifying Transaction as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an entrant's entry and forfeiture of any right to a prize. Purchase receipt must clearly specify the store of purchase, that an Eligible Products was purchased and that the purchase was made during the Promotional Period but prior to entry.

9.    The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

10.    Incomplete or indecipherable or illegible entries will be deemed invalid.

11.    If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

12.    There will be a draw conducted for each week of the Promotional Period, for a total of  four (4) draws (each a "Weekly Draw"). Entries will open and close for each Weekly Draw on the dates specified in the table below. Each Weekly Draw will take place at 3pm (local Sydney time) at Anisimoff Legal, Erina Plaza, 210 The Central Coast Highway, Erina, NSW 2250, on the dates specified in the table below. Non-winning entries in each Weekly Draw will roll over into subsequent Weekly Draws. Winners will be notified in writing within two (2) business days of the relevant Weekly Draw. Winners' names will be published online at https://www.tictac.com.au/en/, commencing on the dates specified in the table below. The Promoter may draw additional reserve entries, for each Weekly Draw, and record them in order in case an invalid entry or ineligible entrant is drawn.

Weekly Draw Entries Open Time/Date Entries Close Time/Date Weekly Draw Date Publication Date
1 12.00am AEST on 19/09/2016 11.59pm AEST on 25/09/2016  26/09/2016  27/09/2016
2  12.00am AEST on 26/09/2016 11.59pm AEDST on 02/10/2016 03/10/2016 04/10/2016
3 12.00am AEDST on 03/10/2016 11.59pm AEDST on 09/10/2016 10/10/2016 11/10/2016
4 12.00am AEDST on 10/10/2016 11.59pm AEDST on 16/10/2016 17/10/2016 18/10/2016

 

 

 

 


13.    The first valid entry drawn in each Weekly Draw will each win an Apple Watch Sport 38mm Space Grey Aluminium Case with Black Sport Band (strap size Fits 130–200mm wrists) valued at $429. Apple Watch is a trademark of Apple Inc.  Apple Inc. is not a participant in or sponsor of this promotion.

14.    The Promoter's decision is final and no correspondence will be entered into.

15.    Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize, then the prize will be forfeited and will not be redeemable for cash.

16.    If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

17.    Total prize pool value is $1,716.

18.    Prizes are not transferable or exchangeable and cannot be taken as cash.  

19.    A draw for any prize(s), if unclaimed, may take place on 17/01/2017 at the same time and place as the original Weekly Draws, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within two (2) business days of the unclaimed prize draw and their names will be published online at https://www.tictac.com.au/en/, commencing on 18/01/2017.

20.    Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (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.

21.    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 Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves 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.

22.    Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.

23.    The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

24.    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 States and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion.

25.    Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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 the Promoter's 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 Promoter) due to any reason beyond the reasonable control of the Promoter; (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 a prize.

26.    As a condition of accepting the prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

27.    The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.tictac.com.au/en/legal-aspects.  In addition to any use that may be outlined in the Promoter's Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, 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 entrant's personal information to its service providers located outside of Australia (see Privacy Policy for details).

NSW Permit No. LTPS/16/.05115..