TERMS AND CONDITIONS

TERMS & CONDITIONS

Promotion

Tic Tac Refresh & Win - Game of Chance Promotion

Promoter

The Promoter is Ferrero Australia Pty Ltd, ABN 29 001 249 261, Level 18, 168 Walker Street, North Sydney NSW 2060 and Unit A3, 72 Apollo Drive, Mairangi Bay, Auckland 632 (in New Zealand).

Promotion Type

Game of chance

Promotion Period 

Promotion Period commences: 09.00am AEST on 04/04/2018
Promotion Period concludes: 11.59pm AEST on 29/05/2018

Participating Stores

Stores participating in the Promotion are stockists of Participating Products located throughout Australia and New Zealand.

Eligible Entrants  

The Promotion is only open to individuals aged 14 years or older who are residents of Australia or New Zealand, excluding employees (and their immediate family) of the Promoter, its associated companies/subsidiaries, Participating Stores and agencies associated with this Promotion. Participants under 18 years must have their parent/guardian’s permission to participate.

“Employees” means any directors, management, employees, concessionaires, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment.

“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.

The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

How to Enter

To receive one (1) entry in the Promotion, an Eligible Entrant must, during the Promotion Period:

  1. purchase any two (2) Participating Products; and
  2. visit www.tictac.com using a compatible browser and fully complete and submit the online entry form, providing all details required, including but not limited to:
  1. any requested personal information;
  2. the unique code featured inside the pack of each Participating Product; and
  3. indicating their acceptance of these Terms and Conditions and the Promoter’s Privacy Policy,

(Eligible Entry).

Participating Products

Participating Products are any specially marked Tic Tac products featuring messaging about this promotion, and a unique code inside the pack.

Required Verification/Proof of Purchase

If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to participate in the Promotion and claim a prize (if won) and compliance with these Terms and Conditions.

If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry/entries submitted by the entrant will be deemed invalid.

A prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.

It is the responsibility of the entrant to provide the required information.

Daily Prize Draws

All random electronic prize draws will take place at Prime Focus, Level 1, 500 Chapel Street, South Yarra, Victoria 3141 (Draw Location).

There will be 56 daily prize draws in the Promotion, with the first draw occurring on 05/04/2018 and the final draw occurring on 30/05/2018 (Daily Prize Draws). All Daily Prize Draws will be conducted at 12 noon AEST.  Eligible Entries will be entered in to the first occurring Daily Prize Draw after Eligible Entry submission only and will not be entered into subsequent Daily Prize Draws (if any). Additional entries may be drawn in the Daily Prize Draws and recorded in order to use in the instance an ineligible entrant or invalid entry is drawn or if a Prize is not claimed in accordance with these Terms and Conditions. If there are no Eligible Entries received in a Daily Prize Draw, that Prize will be awarded in the next Daily Prize Draw (if any).

The first Eligible Entrant with an Eligible Entry drawn in each Daily Prize Draw will win a Prize.

Prize Details

Each Prize is an Ultimate Ears MEGABOOM Portable Wireless Speaker valued at AUD$349.95 RRP (including GST) (Prize).

Prize winners may select the colour of their Prize from the following options: Black, Blue, Purple, Juicy or Midnight Magenta, pending availability. If a winner’s selection is not available, the Promoter will award a colour in its discretion.

There are 56 Prizes to be won (one (1) in each Daily Prize Draw). The total value of Prizes available to be won in the Promotion is AUD$19,597.20 (including GST).

Prizes will be delivered via tracked courier to the respective Prize winner’s postal address in Australia or New Zealand as provided on the online entry form.

Notification of Prize Winners

Prize winners will be notified in writing within two (2) business days of the relevant Daily Prize Draw.

Prize winners from SA and ACT (if any) will be featured on www.tictac.com from 12/06/2018.

Prize Re-Draw (If Any)

 

If a Prize is won by an Eligible Entrant and they do not claim their Prize or the Prize is returned to the Promoter by 11.00am AEST on 30/08/2018, a random electronic re-draw will be conducted at 12 noon AEST on that date at the Draw Location by a representative of the Promoter from all non-winning entries received in the Promotion, subject to any directions from the relevant gaming departments (Re-Draw).

Notification of Re-Draw Winner (If Any)

The Re-Draw winner/s (if any) will be notified in writing within two (2) business days of the Re-Draw.

Re-Draw winner/s from SA and ACT (if any) will be featured on www.tictac.com from 12/09/2018.

Entry Limit

Eligible Entrants may submit a limit of five (5) entries per person per week (Monday to Sunday) during the Promotion Period.

Eligible Entrants may submit a limit of one (1) Eligible Entry for every two (2) unique Participating Products purchased.

Unrecognised unique codes will be deemed invalid.

Prize Limit

There is a limit of one (1) Prize per person in the Promotion (excluding residents of South Australia).

Permit Numbers

NSW LTPS/17/18967, SA T17/2061 & ACT TP 17/02197.1.

 

 

GENERAL CONDITIONS

 

  1. Details above and the following clauses collectively form the terms and conditions of this Promotion ("Terms and Conditions").
     
  2. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. Participation in this Promotion is deemed acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
     
  3. The Promoter’s decision in relation to any aspect of these Terms and Conditions and the Promotion is final and binding on every person who participates. No correspondence will be entered into.
     
  4. Any values stated in these Terms and Conditions are in AUD/RRP/including GST. Values are correct at the time of Promotion print date – 06/11/2017.
  1. Prize value is correct at time of printing and no responsibility is accepted for any variation in the value of the prizes.
  1. If a winner is under 18 years of age, the Promoter may, in its sole discretion, award their prize to the winner’s parent or guardian on the winner’s behalf.
  1. If more than one person attempts to claim the prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.
  1. Entrants can only participate in the Promotion in their own name. Entrants who enter using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be disqualified.
  1. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Payment of the prize value to the Promoter may be required by the Promoter if this occurs.
  1. Incomplete, indecipherable or incorrect entries will be deemed invalid. Entrants are responsible for ensuring their correct personal details are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should an entrant fail to receive their prize because of a failure to notify the Promoter of correct details or of a change to their details, or for providing invalid information.
  1. There is a limit to the number of invalid unique codes that may be submitted by an entrant in attempting to enter the Promotion.  The Promoter may, at its absolute discretion, block and/or disqualify entrants from submitting further entries into the Promotion where they have reached that limit. 
  1. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
  1. The Promoter does not warrant that the entry mechanism will be available/Participating Stores will be open at all times during the Promotion Period.
  1. The Promoter is not responsible for any undelivered emails due to an entrant’s spam filters or email settings.
  1. To the extent permitted by law, the Promoter shall not be liable for a prize being lost, stolen, damaged or tampered with in any way before it reaches an entrant or after it has been released to an entrant. 
  1. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entries manually using a compatible internet browser.  The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically submit entries in the Promotion repeatedly is prohibited and will render all entries submitted using such means invalid.
  1. The Promoter may, in its sole discretion, declare any entry or entrant invalid if the entrant:
  1. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion;
  1. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or
  1. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
  1. 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 to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to any directions from any relevant authority.
  1. As a condition of claiming a prize, an entrant may be required to (at the Promoter’s discretion) sign any legal documentation as and in the form required by the Promoter and/or prize supplier in their absolute discretion.
  1. The Promoter may communicate or advertise this Promotion via Facebook. However, the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. To the extent permitted by law, each entrant completely releases Facebook from any and all liability.
  1. Prizes must be taken as offered and may not be varied. Prizes are not transferable, exchangeable or redeemable for cash. If a prize is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, subject to any directions from any relevant authority. If a winner does not take a prize by the time specified by the Promoter, the prize will be forfeited.
  1. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
  1. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 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/implications incurred by an entrant; or (f) use of a prize.
  1. The:
  1. Promoter, the Promoter's related entities and all agencies associated with the Promotion; and
  1. the employees, agents, directors and contractors, of all entities referred to in this clause, shall not be liable for any loss or entry, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) regarding, or arising from, the Promotion or acceptance of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
  1. Entrants must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to winning a prize in the Promotion, free of charge, and they consent to the Promoter using their name and image in any future promotional material for an indefinite period in any media without any further remuneration.
  1. CAUTION: Any attempt to deliberately 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 refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.

PERSONAL INFORMATION

  1. Immediately upon submission by an entrant, their entry becomes the sole property of the Promoter.
  1. All information entrants provide (“Personal Information”) will be used by the Promoter for the purpose of administering this Promotion and awarding Prizes.
  1. The Promoter may disclose entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to regulatory authorities.
  1. Entry is conditional on providing the requested Personal Information.

OPTING-IN TO HEAR FROM THE PROMOTER

  1. Should an entrant consent to receiving future information from the Promoter via placing a tick in the ‘opt in’ box featured on the Promotion entry site, information provided by the entrant may be entered into a database and used by the Promoter, the Promoter's related entities and agencies engaged by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them. Should an entrant who elects to opt in wish to opt out or access or update their information held by the Promoter at any time, they can contact the Promoter as per clause 32.
  1. The Promoter's privacy policy can be found at - https://www.tictac.com.au/en/legal-aspects

The privacy policy contains information on:

  1. how an entrant may access the Personal Information that is held by the Promoter and seek correction of such information; and
  1. how an entrant may complain about a breach of the Australian Privacy Principles, or a registered privacy code that binds the Promoter, and how the Promoter will deal with such a complaint.

If an entrant has any questions regarding their privacy, they should contact the Promoter using the contact details contained in this privacy policy.

  1. The Promoter is bound by all applicable privacy laws.