1. These Terms and Conditions must be read together with the Schedule for this promotion.
The Schedule prevails to the extent of any inconsistency with these Terms and Conditions.
2. By participating in this promotion, you accept these Terms and Conditions.
1. These Terms and Conditions must be read together with the Schedule for this promotion.
The Schedule prevails to the extent of any inconsistency with these Terms and Conditions.
2. By participating in this promotion, you accept these Terms and Conditions.
Eligibility
3. You can only enter this promotion if you meet the eligibility requirements set out in the
Schedule.
4. Directors, management, employees, officers and contractors (and their immediate families) of
the Promoter, of the Participating Stores or of the agencies or organisations associated with
this promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or
adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in
the same household as the director, manger, employee, officer or contractor.
5. By entering this promotion, if requested you agree to declare to the Promoter all past, current
or potential conflicts of interest (if any) or any serious social misconduct or behavior that in a
normal persons opinion may compromise the integrity or diminish the good name and
reputation of the Promoter or its products and brands, is contrary to law or otherwise
inappropriate.
Entry
6. The promotion will be conducted during the Promotional Period.
7. All entries must be received by the Promoter during the Promotional Period. Entries are
deemed to have been received at the time of receipt into the Promoter’s database and not at
the time of transmission by the entrant.
8. You can only submit your entry in accordance with the “How to Enter” section of the
Schedule. The Promoter will not accept entries in any other form. Once submitted, you
cannot change, alter or delete your entry.
9. Automated entries and computer generated entries will not be accepted. Entrants who enter
using multiple phone numbers, email addresses or aliases will be disqualified.
10. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if
they breach these Terms and Conditions as determined by the Promoter in its sole discretion
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or any other instructions or guidelines notified by the Promoter during the entry process for
the promotion.
11. You are responsible for all costs associated with entering this promotion, including but not
limited to Internet and SMS costs.
12. If this promotion involves mail entry, you must send each entry in a separate envelope to the
address stated in the Schedule.
13. If the promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST),
whether sent during or outside the Promotional Period. You can only enter this promotion if
you have a mobile phone that is connected to a service provider that permits text messaging
to the promotional SMS number. If unsure, you should check with your service provider
before entering this promotion. SMS entries must be submitted from your own mobile phone.
Entry Content
14. You are required to take full responsibility for the content of your entry and for ensuring that
your entry complies with these Terms and Conditions and any other instructions provided by
the Promoter. For the purposes of these Terms and Conditions, “entry content” includes any
content (including text, photos, videos and email messages) that you submit, upload, transmit,
publish, communicate or use in connection with your entry into the Promotion.
15. Your entry must be your own original work. The Promoter reserves the right to verify, or to
require you to verify, that your entry is your own original work. If an entry cannot be verified to
the Promoter’s satisfaction, the entry will be deemed invalid.
16. Your entry must not:
a. include any content which may diminish the good name and reputation of the
Promoter or its products and brands;
b. feature any image or voice of any other person without that person’s express
consent. You confirm that if such content is included in your entry, you have obtained
the express consent of the relevant person/s;
c. include any content that is in violation of any law or regulation;
d. be fraudulent, deceptive or misleading in any way;
e. include any content that infringes the rights of any person;
f. be obscene, offensive, defamatory, discriminatory, indecent or otherwise
objectionable or inappropriate (which includes, without limitation, any content
involving nudity, malice, excessive violence or swearing);
g. include any literary, dramatic, musical or artistic work, any audio-visual or sound
recording, or any other item in which copyright subsists, unless you are entitled to use
such content. If you have any doubts about whether to include any content (for
example, recorded music) you must not include it. By including such content in your
entry, you warrant to the Promoter that you have the permission of the relevant
copyright owner to so and that this permission allows the Promoter to use the entry
to publicise the promotion and for any other purpose as set out in these Terms and
Conditions; and
h. feature any third party products, third party trade marks, names, logos or branding.
17. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any
part of an entry at any time.
18. By entering this promotion, you agree to assign all rights in your entry to the Promoter and
you consent to the Promoter (or the agencies/companies associated with the Promoter) using
the entry in any manner the Promoter wishes (including modifying, adapting or publishing the
entry, whether in original or modified form, in whole or in part or not at all), in marketing,
advertising and promotional materials, on the Promoter’s websites and social media platforms
or in any other manner as determined by the Promoter, without payment to you (of royalties,
compensation or otherwise) on a perpetual, world-wide and irrevocable basis.
Challenge
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19. If the Promotion involves a challenge, the challenge will be conducted as specified by the
Promoter. Entrants (and other challenge participants, if applicable) must comply with all
directions or guidelines notified to them in connection with the challenge. If an entrant or
challenge participant is under 18 years of age, they must have written permission from a
parent or legal guardian before being able to participate in the challenge.
20. Unless otherwise specified by the Promoter, entrants and challenge participants are
responsible for making their own way to and from the challenge, at their own cost.
21. All costs associated with participating in the challenge are the responsibility of the challenge
participants, as incurred.
Facebook/Instagram/YouTube promotions
22. This promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook, Instagram and/or YouTube. By entering, you acknowledge that any information
you provide in connection with the promotion is being provided to the Promoter and not to
Facebook, Instagram and/or YouTube. Any questions, comments or complaints regarding the
Promotion should be directed to the Promoter. By entering, you release Facebook, Instagram
and YouTube from all liability arising in respect of the Promotion.
Determining and notifying winners
23. Winners will be determined, notified and published as set out in the Schedule.
24. The Promoter and the companies and agencies associated with this promotion may also
publish the name and state/territory of residence for winners on their websites, social media
platforms and in trade publications. By entering this promotion, each entrant consents to this
and requests that his or her full address not be published.
Prizes
25. The prize(s) are as specified in the Schedule. The prize(s) are subject to any additional terms
and conditions as specified in the Schedule.
26. Prizes will be delivered to the address provided by the winner at the time of entry or
completing the verification process (whichever is most recent).
27. Once dispatched and awarded to a winner, the Promoter is not be liable for any prize that has
been lost, stolen, damaged, defaced or tampered with in any way.
28. If a prize is or includes gift cards/vouchers, the gift cards/vouchers are subject to any terms
and conditions imposed by the gift card/voucher provider, including period of validity and
treatment of unused balances.
29. If a prize is or includes tickets, the tickets are only valid for the date or period specified on the
tickets or by the ticket provider, and are subject to any terms and conditions imposed by the
ticket provider including but not limited to any conditions of entry into the relevant event
location. You (and any companion/s if applicable) must make your own way to and from the
relevant event location at your own cost. Any additional costs incurred in relation to using the
tickets, including but not limited to any food/beverage costs or transfer costs are the
responsibility of you and any companion/s, if applicable.
30. If a prize includes travel, the prize must be booked and completed as specified by the
Promoter or by the supplier of the prize and travel may be restricted during major
event/peak/pubic holiday or other exclusion periods as specified by the Promoter or prize
supplier. If the prize is event based, any travel provided as part of the prize must be taken on
the dates specified by the Promoter as set out in the Schedule to coincide with the event.
The prize is subject to booking and availability, and is subject to any terms and conditions
imposed by the relevant prize providers. All costs associated with a travel prize which are not
expressly stated in the Schedule as being included, including spending money, passport and
visa costs, transfer costs, meals, taxes, insurance (including excesses), luggage costs and all
other ancillary costs, are the responsibility of the winner and any travelling companion(s) as
incurred. The winner and any travelling companion(s) must depart and return at the same
time using the same air carrier. The winner and any travelling companion(s) are responsible
for ensuring they have all necessary travel insurance and documents to travel to the relevant
location(s) (including passports and visas, if required). Any alterations or extensions to
7
confirmed prize details must be approved in advance by the Promoter (at its sole discretion)
and will be at the expense of the winner and any travelling companion(s) as incurred. The
Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel
prize and any costs incurred by the winner or any travelling companion(s) as a result
(including accommodation costs) will be the responsibility of the winner. The winner is
responsible for ensuring that they and their travelling companion(s) are fit to travel and have
received appropriate immunisations and/or health checks prior to taking the prize.
31. If the prize is or includes cash/spending money, it will be awarded as determined and
confirmed by the Promoter, either in the form of a cheque or by an EFT transfer to the
winner’s nominated bank account.
32. If the prize includes meeting a celebrity, the Promoter will not be liable in any way if that
person fails to attend the relevant event on the date and time specified.
33. If the one of the people taking or participating in a prize is under 18 years of age, a parent or
legal guardian of the winner must be present for the duration of the prize, as one of the
participants. The Promoter reserves the right to appoint a chaperone to accompany the
participants taking the prize. The participants agree to the chaperone being present with
them for the duration of the prize and agree to comply with any reasonable directions or
guidelines notified to them by the Promoter or their chaperone.
Claiming prizes
34. Prizes must be claimed in accordance with the Prize Claim Details section of the Schedule.
35. If a prize is not accepted or claimed in accordance with the Prize Claim Details, the relevant
winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the
relevant unclaimed prize in accordance with the details specified in the Schedule, subject to
any directions given by any relevant gaming authority. Winners of unclaimed prizes will be
notified and published in accordance with the details set out in the Schedule.
Instant win promotions
36. If this promotion involves instant win tickets, such as specially marked product wrappers or
scratch/game cards, winners must present their original winning instant win
ticket/wrapper/scratch or game card to be eligible to claim a prize.
37. The Promoter is not responsible for late, lost, destroyed, altered, damaged or defaced
tickets/wrappers/scratch or game cards. Bona fide tickets may incorporate security and/or
verification measures to guard against fraud. The Promoter and the suppliers of prizes may
conduct security and/or verification checks in their absolute discretion to determine whether a
ticket is bona fide.
38. A ticket/wrapper/scratch or game card is void if stolen, forged, mutilated or tampered with in
any way or if it or any part of it fails any of the security or verification checks.
39. Printing errors and other quality control errors will not be used as the sole basis for refusing
otherwise valid instant win prize claims. If the advertised instant win prize pool is exceeded,
all valid claims for prizes will be met.
General
40. The Promoter accepts no responsibility for any problems or technical malfunction of any
communication network or for any late, lost, incomplete, incorrectly submitted, delayed,
illegible, corrupted or misdirected entries, claims or correspondence whether due to error,
omission, alteration, tampering, deletion, theft, destruction, transmission interruption,
communications failure or otherwise. The Promoter has no control over telephone
communications, networks or lines and accepts no responsibility for any problems associated
with them, whether due to traffic congestion, technical malfunction or otherwise. The
Promoter is not liable for any consequences of user error including (without limitation) any
costs incurred.
41. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid,
prohibit further participation by an entrant or winner in this promotion, or invalidate a
provisional winner if the entrant/winner:
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a. fails to verify their personal details and/or eligibility to enter the Promotion to the
Promoter's satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of
the Promotion (including where entrants share their Proof of Purchase to enter the
Promotion or where entrants use multiple names, addresses or aliases to register
multiple entries);
c. submits an entry which in the Promoter's opinion is not in accordance with these
Terms and Conditions;
d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any
other person;
e. engages in conduct in entering the Promotion which in the Promoter’s opinion is
fraudulent, misleading or deceptive;
f. or engages in conduct which may, in the opinion of the Promoter, compromise the
integrity or diminish the good name and reputation of the Promoter or its products and
brands, is contrary to law or otherwise inappropriate.
42. Entrants and winners must comply with the details set out in the Verification Requirements
section of the Schedule as part of the entry verification or prize claim process. Failure to
comply with the Verification Requirements to the Promoter’s satisfaction will result in your
entry and/or prize claim being declared invalid (and, at the Promoter’s discretion, in all of your
entries/prize claims being declared invalid).
43. All entries will be the property of the Promoter and will not be returned.
44. Prizes are not transferable, exchangeable for any other item and cannot be redeemed for
cash or any other form of compensation (unless cash is specified). The value of each prize is
accurate as at the time of preparation of this material, is the RRP value and is inclusive of
GST. The Promoter accepts no responsibility for any variation in the value of a prize after
that time. If a prize (or element of a prize, where applicable) is unavailable for any reason,
the Promoter may substitute it for another item of equal or higher value, subject to the
approval of the any relevant gaming authorities as required.
45. If a winner (or a companion, as applicable) does not take an element of a prize at the time
stipulated by the Promoter, then that element of the prize will be forfeited by the winner and
their companion(s) as applicable and neither cash nor any other form of compensation will be
supplied in lieu of that element of the prize. The Promoter accepts no other liability or
responsibility for any loss incurred by a winner or any other party if any prize (or any part of a
prize) is unavailable for any reason.
46. If requested by the Promoter, entrants and winners (and their companion(s), if applicable)
must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability
form provided by the Promoter, in favour of the Promoter and all parties involved in this
promotion and/or providing the prize, before they participate in the Promotion and/or the prize.
If they or their parent/guardian do not sign that form within the time specified by the Promoter,
they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be
deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the
Promoter may determine a new winner in accordance with the Unclaimed Prize
Arrangements.
47. If requested by the Promoter, entrants and winners (and their companion(s), if applicable)
must participate in all promotional activity (such as publicity and photography) surrounding
this Promotion or their winning of a prize, free of charge, and they consent to the Promoter
and its associated companies and agencies using their name and image in promotional
material, on the Promoter’s websites, social media platforms and in trade publications.
48. If for any reason any aspect of this promotion does not or is not capable of running as
planned, including by reason of infection by computer virus, network failure, bugs, tampering,
unauthorised intervention, fraud, technical failures or any cause beyond the control of the
Promoter which corrupts or affects the administration, security, fairness, integrity or proper
conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or
9
suspend the promotion, or invalidate any affected entries, subject to the approval of the
relevant gaming authorities, if required.
49. The Promoter’s decisions in connection with the promotion are final and no correspondence
will be entered into.
50. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or
the prize and that participation in the promotion or accepting the prize may involve
participating in dangerous activities. By entering this promotion and/or accepting the prize,
entrants accept that risk for themselves and for their companion(s) (if applicable).
51. The Promoter, its associated agencies and companies and the agencies and companies
associated with this Promotion will not be liable for any loss (including, without limitation,
indirect, special or consequential loss or loss of profits), expense, damage, personal injury or
death which is suffered or sustained (whether or not arising from any person’s negligence) in
connection with this Promotion or accepting or using a prize, except for any liability which
cannot be excluded by law (in which case that liability is limited to the minimum allowable by
law).
52. Prizes will only be delivered to addresses in Australia/New Zealand, as applicable. The
Promoter and its associated agencies and companies will not be liable for any damage to or
delay in transit of prizes.
53. The Promoter may at its absolute discretion prohibit an entrant’s participation in this
promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the
entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of
alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may
diminish the good name and reputation of the Promoter or its products and brands, or is
contrary to law or is otherwise inappropriate.
54. The Promoter accepts no responsibility for any tax implications that may arise from the prize
winnings. Independent financial advice should be sought. Where the operation of this
Promotion results in, for GST purposes, supplies being made for non-monetary consideration,
entrants agree to follow the Australian Taxation Office’s stated view that where the parties are
at arm’s length, goods and services exchanged are of equal GST inclusive market values.
55. The Promoter (Mars, we, us or our) collects your personal information via this entry form
when you submit an entry to this Consumer Competition. We collect this personal information
for the purposes of your entry into the Promotion. If you have marked the "opt-in" box on the
entry form, you consent to us keeping your personal information on our database to use for
future marketing purposes, including contacting you by electronic messaging. We may also
use the personal information you give us to provide prizes, for consumer care and research
purposes, and for other purposes, as described in our privacy policy.
56. If we do not collect the personal information you have provided in the entry form, you may not
be able to submit a valid entry into the Promotion and may not be able to receive
communications about our brands, products and services which may be of interest to you. We
may disclose your personal information to our family of companies and to our vendors or
service providers. We require these companies to comply with the Australian privacy laws that
apply to your personal information. Unless otherwise indicated by the Promoter, the Promoter
may disclose personal information to entities outside of Australia (for a list of the countries,
see the Promoter’s privacy policy). Our privacy policy at
http://www.mars.com/global/policies/privacy/pp-australia-en contains information about:
a) how you may access the personal information that is held by us and seek correction
of such information; and
b) how you may complain about a breach of the Australian Privacy Principles, or a
registered privacy code that binds us, and how we will deal with such a complaint.
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