TERMS AND CONDITIONS

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

 

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

 

3. Employees (and their immediate families) of the Promoter, 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. 

 

4. Entries into the promotion open on 02/04/19 and close at 11:59pm AEST on 30/04/19 (“Promotional Period”). 

 

5. To be eligible to enter, eligible individuals must, during the Promotional Period, purchase any two (2) specially marked “Tic Tac Spotify Music Edition” products. Each specially marked product will have a unique code printed on it for the purposes of entry into the promotion. For the avoidance of doubt, specially marked products are available in the following ranges: 

 

Tic Tac Peppermint 24g 

Tic Tac Orange 24g 

Tic Tac Fruit Adventure 24g 

Tic Tac Berries 24g 

Tic Tac Peppermint 49g 

Tic Tac Orange 49g 

Tic Tac Fruit Adventure 49g 

Tic Tac Peppermint 98g 

Tic Tac Orange 98g 

Tic Tac Fruit Adventure 98g 

6. For the sake of clarity, the specially marked “Tic Tac Spotify Music Edition” products will bear the details, including close date and permit numbers, relevant to the “Tic Tac Spotify Music Edition” however purchase of these products will be accepted for the purposes of this promotion. 

 

7. To enter, eligible entrants must, during the Promotional Period, visit www.tictac.com, follow the prompts to the promotion entry page, enter all requested details including without limitation full name, contact email address and the two (2) unique codes from the two (2) purchased specially marked products, and submit the fully completed entry form. 

 

8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specified purchase requirement of two (2) specially marked products; (b) a maximum of five (5) entries per person per week is permitted; (c) each entry must be submitted separately and in accordance with entry requirements; (d) only two (2) unique codes per entry are permitted; (e) the same unique code cannot be used more than once; and (f) unrecognised codes will be deemed invalid. 


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 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. Upon entry submission, each entrant will have the opportunity to play a promotional game for the chance to win an instant prize. Winners be notified immediately via onscreen messaging. There will be 2,173 instant win prizes to be won over the Promotional Period. Each instant win prize is a 1-month Spotify Premium code valued at AUD$11.99. 

 

13. The names of the any instant prize winners from ACT will be published on www.tictac.com from 03/05/19. 

 

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

 

15. Use and redemption of a Spotify Premium code is subject to the following terms and conditions: A unique Spotify Premium code (“Code”) will be provided to each winner with instructions on how to redeem the prize. Codes must be redeemed within 12 months from the date the Code is issued to the winners, after which date the Code will expire and will be forfeited by the winner. Once redeemed, the Code will provide the winner with access to a 1-month subscription to Spotify Premium. The winners’ use of the Spotify service is subject to the Spotify Terms and Conditions of Use located at https://www.spotify.com/au/legal/end-user-agreement/. Codes cannot be redeemed for cash or credit and cannot be returned or resold (except where required by law). Spotify is not responsible for any loss or damage resulting from lost, stolen, or fraudulently obtained Codes or use without permission. In the event that a winner is an existing Spotify Premium subscriber, the Code will be added to their existing account balance. 

 

16. If any 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 AUD$26,054.27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 

 

18. A draw for any instant prizes that are won but unclaimed may take place at 12pm AEST on 02/08/19 at Edge Loyalty, 500 Chapel Street, South Yarra VIC 3141, subject to any directions from a regulatory authority. Winners will be notified in writing via email within two (2) business days of the draw and their names will be published on www.tictac.com from 09/08/19. 


19. 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. 

 

20. 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. 

 

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

 

22. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool that are won, but remain unclaimed by the unclaimed prize draw date, will be awarded in the unclaimed prize draw. 

 

23. 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 2010 (Cth.), as well as any other implied warranties under 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. 

 

24. 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. 

 

25. 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 will not disclose PI to any entity outside of Australia. 

 

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

 

NSW Permit No. LTPS/19/33436 ACT Permit No. TP19/03061 SA Permit No. T19/503