Win a Guylian Chocolate weekend experience Guylian
Nominate your Mum for Guylian Mother of the Year!
We will be recognising an incredible Mum who has made a wonderful difference. Our winner and their Mum will enjoy a Guylian Chocolate weekend experience worth $5,000 including Guylian chocolate tasting at one of our exclusive café locations, a luxurious accommodation and pampering to enjoy together.
Enter below for your chance to win
“GUYLIAN MOTHER’S DAY” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Stuart Alexander & Co Pty Ltd (ABN 43 000 058 677) of Level 3, 1 Smail Street, Ultimo NSW 2007 (“Promoter”).
3. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. 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.
5. Promotion commences at 6:00pm AEST on 12/04/2018 and final entries close at 11:59pm AEST on 09/05/2018 (“Promotional Period”).
6. To enter, individuals must undertake the following steps during the Promotional Period:
visit http://bit.ly/GuylianMums;
follow the prompts to the promotion entry page;
input the requested details including an answer to the question “why your mum deserves to be Guylian Mother of the Year!?” in 25 words or less (“Promotional Question”);
Agree to the Terms and Conditions and Promoter’s Privacy Policy; and
submit the fully online completed entry form
7. The judging will take place at 10-16 Charles Street, Redfern NSW 2016 commencing on 10/05/2018. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winner will be notified by telephone and email. This is a game of skill and chance plays no part in determining the winner.
8. The winner must claim the prize within 48 hours of winner notification. In the event that the winner does not claim their prize within this period, the Promoter will select another winner by the same means outlined in clause 10.
9. The winner’s name will be announced on the Promoter’s social media pages , including but not limited to its Facebook page at www.facebook.com/GuylianChocolates and Instagram Page at www.instagram.com/guylianchocolates. The winner also warrants that their mother has consented to having their name announced alongside theirs.
Prize
10.Each entry will be individually judged based on literary and creative merit of the answer provided to the Promotional Question. The best valid entry, as determined by the judges, will win a Guylian tasting experience for two (2) people (the winner and their mother), at the winner’s choice of Guylian Café in either Sydney, NSW or Perth, WA valued at up to $5,000. Prize includes:
Two (2) x return economy airfares from winner's nearest Australian capital city to either Sydney, NSW or Perth, WA (only if required, as set out under clause 11 below);
Return airport to hotel transfers (or return transfers from place of residence to hotel transfers, if required under clause;
Two (2) nights twin share minimum 4star accommodation;
A spa package for two (2) adults. Exact spa package and the location will be determined by the Promoter in its absolute discretion; and
A chocolate tasting experience for two (2) people at the winner’s chosen Guylian Café in Sydney, NSW or Perth, WA.
11. Flights are only provided if the winner chooses to redeem the Guylian tasting experience at a Guylian Café:
in Sydney, NSW but does not reside in Sydney, NSW; or
in Perth, WA but does not reside in Perth, WA.
12. If the winner chooses to redeem the Guylian tasting experience at a Guylian Café:
in Sydney, NSW and resides in Sydney, NSW; or
in Perth, WA and resides in Perth, WA; or
within a distance from their chosen Guylian Café so that it would not be appropriate for flights to be provided (as determined by the Promoter in its absolute discretion),
then:
the prize will not include airfares and the airfare component of the prize is not redeemable for cash; and
the prize will include return transfers from the winner’s place of residence to the hotel.
13. The Prize does not include the following: spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs. Prize must be redeemed by 15th November 2018 and is subject to booking and availability. Prize winner must give the Promoter a minimum of four (4) weeks notice of their intended travel dates. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. The Promoter is not responsible for any delays, flight cancellations or the malfunction of any ground services provided to the prize winner.
14. Each Prize winner and their companion are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed, if those amendments are made or requested by them or on their behalf. No compensation or alternative travel plans will be arranged should the Prize winner and/or their companion miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the responsibility and expense of the Prize winner and their companion. Unless expressly stated in these Terms and Conditions all other expenses become the responsibility of the Prize winner and their companion, as incurred.
15. The Promoter recommends that each Prize Winner and their companion obtain travel insurance.
16. To the extent permitted by law, the Promoter is not responsible for and cannot be held liable for any element of the Prize which is cancelled or delayed, or where the location is changed, or any other occurrence, which is out of the reasonable control of the Promoter.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
18. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
19. The Promoter and the prize supplier expressly reserve the right to eject the winner (and/or his/her guest) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in the chocolate tasting experience, or if the Promoter or prize supplier determines, in their absolute discretion, that the winner is not in the mental or physical condition necessary to be able to safely participate in the tasting experience.
General
20. 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.
21. Incomplete or indecipherable entries will be deemed invalid.
22. Multiple entries permitted, subject to the following:
(a) each entry must be substantially unique; and
(b) each entry must be submitted separately and in accordance with entry requirements.
23. 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.
24. The Promoter’s decision is final and no correspondence will be entered into.
25. It is against these terms and conditions to deliberately modify or decode the entry process to reveal information which may artificially increase an entrant’s ability to win the prize. If an entrant who is deemed to have won through fraudulent means will not be eligible for the prize and this prize will go back into the prize pool to be rewarded.
26. If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
27. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
28. Total prize pool value is up to $5,000. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
29. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
30. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
31. 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. The winner may also be required to take part in reasonable publicity. The Promoter may photograph, video and/or film activities relating to acceptance or consumption of the prize. The winner acknowledges that the Promoter has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to winners.
32. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
33. 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.
34. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
35. 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) if the Guylian chocolate tasting experience is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
36. As a condition of accepting the prize, the winner (and his/her companion/s) 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
37. 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 and prize suppliers. 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 http://www.stuartalexander.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, if the entrant ‘opts in’ at the time of submitting their entry, 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 entrant’s PI to any entity outside of Australia.
38. This promotion and these Terms and Conditions are subject to the jurisdiction of the relevant courts sitting in Australian States and Territories.
Show more
We will be recognising an incredible Mum who has made a wonderful difference. Our winner and their Mum will enjoy a Guylian Chocolate weekend experience worth $5,000 including Guylian chocolate tasting at one of our exclusive café locations, a luxurious accommodation and pampering to enjoy together.
Enter below for your chance to win
“GUYLIAN MOTHER’S DAY” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Stuart Alexander & Co Pty Ltd (ABN 43 000 058 677) of Level 3, 1 Smail Street, Ultimo NSW 2007 (“Promoter”).
3. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. 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.
5. Promotion commences at 6:00pm AEST on 12/04/2018 and final entries close at 11:59pm AEST on 09/05/2018 (“Promotional Period”).
6. To enter, individuals must undertake the following steps during the Promotional Period:
visit http://bit.ly/GuylianMums;
follow the prompts to the promotion entry page;
input the requested details including an answer to the question “why your mum deserves to be Guylian Mother of the Year!?” in 25 words or less (“Promotional Question”);
Agree to the Terms and Conditions and Promoter’s Privacy Policy; and
submit the fully online completed entry form
7. The judging will take place at 10-16 Charles Street, Redfern NSW 2016 commencing on 10/05/2018. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winner will be notified by telephone and email. This is a game of skill and chance plays no part in determining the winner.
8. The winner must claim the prize within 48 hours of winner notification. In the event that the winner does not claim their prize within this period, the Promoter will select another winner by the same means outlined in clause 10.
9. The winner’s name will be announced on the Promoter’s social media pages , including but not limited to its Facebook page at www.facebook.com/GuylianChocolates and Instagram Page at www.instagram.com/guylianchocolates. The winner also warrants that their mother has consented to having their name announced alongside theirs.
Prize
10.Each entry will be individually judged based on literary and creative merit of the answer provided to the Promotional Question. The best valid entry, as determined by the judges, will win a Guylian tasting experience for two (2) people (the winner and their mother), at the winner’s choice of Guylian Café in either Sydney, NSW or Perth, WA valued at up to $5,000. Prize includes:
Two (2) x return economy airfares from winner's nearest Australian capital city to either Sydney, NSW or Perth, WA (only if required, as set out under clause 11 below);
Return airport to hotel transfers (or return transfers from place of residence to hotel transfers, if required under clause;
Two (2) nights twin share minimum 4star accommodation;
A spa package for two (2) adults. Exact spa package and the location will be determined by the Promoter in its absolute discretion; and
A chocolate tasting experience for two (2) people at the winner’s chosen Guylian Café in Sydney, NSW or Perth, WA.
11. Flights are only provided if the winner chooses to redeem the Guylian tasting experience at a Guylian Café:
in Sydney, NSW but does not reside in Sydney, NSW; or
in Perth, WA but does not reside in Perth, WA.
12. If the winner chooses to redeem the Guylian tasting experience at a Guylian Café:
in Sydney, NSW and resides in Sydney, NSW; or
in Perth, WA and resides in Perth, WA; or
within a distance from their chosen Guylian Café so that it would not be appropriate for flights to be provided (as determined by the Promoter in its absolute discretion),
then:
the prize will not include airfares and the airfare component of the prize is not redeemable for cash; and
the prize will include return transfers from the winner’s place of residence to the hotel.
13. The Prize does not include the following: spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs. Prize must be redeemed by 15th November 2018 and is subject to booking and availability. Prize winner must give the Promoter a minimum of four (4) weeks notice of their intended travel dates. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner (and his/her companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. The Promoter is not responsible for any delays, flight cancellations or the malfunction of any ground services provided to the prize winner.
14. Each Prize winner and their companion are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed, if those amendments are made or requested by them or on their behalf. No compensation or alternative travel plans will be arranged should the Prize winner and/or their companion miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the responsibility and expense of the Prize winner and their companion. Unless expressly stated in these Terms and Conditions all other expenses become the responsibility of the Prize winner and their companion, as incurred.
15. The Promoter recommends that each Prize Winner and their companion obtain travel insurance.
16. To the extent permitted by law, the Promoter is not responsible for and cannot be held liable for any element of the Prize which is cancelled or delayed, or where the location is changed, or any other occurrence, which is out of the reasonable control of the Promoter.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
18. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
19. The Promoter and the prize supplier expressly reserve the right to eject the winner (and/or his/her guest) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in the chocolate tasting experience, or if the Promoter or prize supplier determines, in their absolute discretion, that the winner is not in the mental or physical condition necessary to be able to safely participate in the tasting experience.
General
20. 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.
21. Incomplete or indecipherable entries will be deemed invalid.
22. Multiple entries permitted, subject to the following:
(a) each entry must be substantially unique; and
(b) each entry must be submitted separately and in accordance with entry requirements.
23. 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.
24. The Promoter’s decision is final and no correspondence will be entered into.
25. It is against these terms and conditions to deliberately modify or decode the entry process to reveal information which may artificially increase an entrant’s ability to win the prize. If an entrant who is deemed to have won through fraudulent means will not be eligible for the prize and this prize will go back into the prize pool to be rewarded.
26. If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
27. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
28. Total prize pool value is up to $5,000. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
29. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
30. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
31. 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. The winner may also be required to take part in reasonable publicity. The Promoter may photograph, video and/or film activities relating to acceptance or consumption of the prize. The winner acknowledges that the Promoter has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to winners.
32. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
33. 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.
34. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
35. 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) if the Guylian chocolate tasting experience is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.
36. As a condition of accepting the prize, the winner (and his/her companion/s) 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
37. 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 and prize suppliers. 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 http://www.stuartalexander.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, if the entrant ‘opts in’ at the time of submitting their entry, 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 entrant’s PI to any entity outside of Australia.
38. This promotion and these Terms and Conditions are subject to the jurisdiction of the relevant courts sitting in Australian States and Territories.
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