Win a 'Tic Tac' prize pack!

Terms and Conditions of TIC TAC ® BERRIES Facebook Post Comments Promotion (Game of Skill) (Terms and Conditions)
Tic Tac·Wednesday, 26 April 2017
1. Information on how to enter the TIC TAC ® BERRIES Facebook promotion (“Promotion”) and prizes form part of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other published materials, these Terms and Conditions will prevail. By participating in the Promotion you accept these Terms and Conditions and any other terms and conditions associated with the Promotion. Entries not made in accordance with these Terms and Conditions will be disqualified.
2. The promoter is Ferrero Australia Pty Ltd, ABN 29 001 249 261, of Level 18, 168 Walker Street, North Sydney NSW 2060 (“Promoter”).
3. The Promotion is open to Australia and New Zealand residents currently residing within Australia or New Zealand only (“Entrant”)
Entrants under the age of 18 may only enter with the consent of their parent or their legal guardian and acknowledge that the prize will be registered in the name of that parent or legal guardian. Employees or directors of the Promoter and the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
4. All valid entries received by the closing date will be reviewed by the judging panel. This Promotion is a game of skill and chance plays no part in determining the Winners. Each entry will be judged individually based on creativity and originality.
5. The Promotion will commence on Wednesday 26th April 2017 at 5.00 pm (AEDT) and will conclude on Wednesday 3rd May at 11:59 pm (AEDT) (“Promotional Period”).
6. To enter, Entrants must, during the Promotional Period:
(a) Visit https://www.facebook.com/tictacaust...
(b) Follow the instructions on the TIC TAC ® BERRIES Promotional Facebook wall posts via the TIC TAC ® Australia and New Zealand Facebook Page; and
(c) Answer the question as stipulated on the promotional TIC TAC ® BERRIES themed post (“Post”) via a Facebook comment.
7. Each Entrant may only submit one (1) entry per Post.
8. The Promoter will not consider entries that are not posted in accordance with these Terms and Conditions or posted after the Promotional Period has ended. Incomplete or incomprehensible entries will be disregarded. The Promoter accepts no responsibility for late, lost or misdirected entries.
9. Each prize (“Prize”) is one (1) of five (5) TIC TAC Prize packs, consisting of:
Tic Tac hat: $15
Tic Tac pen: $3
Tic Tac mug: $15
The total prize pool value is AU$165
10. Prizes are non transferable or exchangeable and cannot be taken as cash. Where a Prize (or part of a Prize) is unavailable for any reason, the Promoter reserves the right to substitute that Prize (or part of that Prize) with another prize of equal value or specification, subject to any necessary approval of the relevant gaming authorities. Winners will be notified accordingly. The Promoter will not be liable for any changes to the value or make up of products offered as a prize.
11. Judging will take place on Thursday 4th May (AEDT) at Suite 4.06, 22 Mountain Street, Ultimo, Sydney, NSW, 2007.
12. The judges’ decision is final. The Promoter will not enter into any correspondence with any Entrant other than the Winners in relation to the Promotion or the Prizes.
13. The winner will be notified via their Facebook page within two business days of the judging. Once notified, Winners will need to provide, via a private Facebook message to the TIC TAC ® Australia and New Zealand Facebook Page, their correct name, street address and contact number to enable the delivery of the Prize in accordance with clause 15.
14. If for any reason a Winner does not provide their correct name, street address and contact number or claim or take a Prize (or part of a Prize) by Thursday 11th May (AEDT), the Winner will forfeit that Prize (or part of a Prize) and cash will not be awarded in lieu of that Prize (or part of a Prize), and the judges will select an alternate Winner to receive the prize.
15. Winners should allow 28 days for the Prize delivery. Prizes will be sent by mail to the street address the Winner provided in his or her private Facebook message to the TIC TAC ® Australia and New Zealand Facebook Page in accordance with clause 13..
16. The Promoter and its agencies and companies associated with the Promotion will take no responsibility for Prizes damaged, lost or stolen in transit.
17. All ancillary costs or requirements associated with the Prize are the Winner’s sole responsibility.
18. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Winners should seek independent financial advice in relation to any tax payable in relation to the Prize.
19. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant invalid if the Entrant:
(a) fails to establish his or her entitlement to enter the Promotion to the satisfaction of the Promoter;
(b) tampers with the entry process or benefits from such tampering; or
(c) submits an entry that is not in accordance with these Terms and Conditions.
The Promoter also reserves the right, at any time, to verify the validity of entries and Entrants’ details (including an Entrant’s identity, age and address). The Promoter may accept errors and omissions at its discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. If there is a dispute as to an Entrant’s identity, the Promoter reserves the right, at its sole discretion, to determine the Entrant’s identity.
21. Nothing in these Terms and Conditions limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, 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 or in relation to the Promotion.
22. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible, 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 or in relation to: (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 Promoter’s reasonable control; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an Entrant or Winner; or (f) use of the Prize.
23. The TIC TAC ® Australia and New Zealand Facebook Page may not be available for access from time to time during the Promotion Period. All access to, and use of, the TIC TAC ® Australia and New Zealand Facebook Page is at the individual’s risk. Any contact details entered incorrectly on the TIC TAC ® Page will result in the relevant entry being invalid.
To the fullest extent permitted by law, the Promoter and Facebook exclude liability for any problems or technical malfunction of any communication network or lines, computer on-line systems, servers, or providers, computer equipment, software, or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to Entrants’ or any other person’s computer or other device related to or resulting from participating in the Promotion, or downloading from, or uploading any materials to, the TIC TAC ® Australia and New Zealand Facebook Page in relation to the Promotion.
24. It is a condition of accepting the Prize that the Winner must comply with all the conditions of use of the Prize and the Prize supplier’s requirements.
25. In consideration of their participation in the Promotion, Entrants grant the Promoter, its affiliates and licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to reproduce, publish, communicate, modify and adapt their entry for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to their entry and warrant that they have the full authority to grant these rights.
26. Each Entrant agrees that he or she is fully responsible for his or her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under the Promotion. The Promoter may remove any entry without notice for any reason whatsoever.
Each Entrants warrants and agree that:
(a) they will not submit any entry 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;
(b) they will obtain full prior consent to the uses contemplated in these Terms and Conditions from any person who has jointly created or has any rights in the entry;
(c) their entry does not contain viruses or cause injury or harm to any person or entity;
(d) any person whose personal information, including any image included in a photograph or visual recording included in their entry is a person with whom the Entrant has a direct family or friendship relationship, and has consented to the use of his or her image for and in connection with the Promotion. If the person is under 18 years of age, the person’s parent or legal guardian has provided that consent; and
(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other term in these Terms and Conditions, Entrants agrees to indemnify and keep indemnified the Promoter for any breach of the terms above.
27. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. It is a condition of entry that Entrants provide the personal information requested and consent to the use of their personal information as specified in these Terms and Conditions. If an Entrant does not provide the information and consent required, that Entrant’s entry will be invalid. The Promoter may, for an indefinite period, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. An Entrant may opt out of receiving further communications of this nature from the Promoter by contacting the Promoter. Entrants should direct any request to access, update or correct information by writing to the Privacy Officer at the Promoter’s address set out in clause 2.
The Promoter will collect and store all personal information in accordance with all applicable Australian laws as well as its privacy policy, available at http://www.ferrero.com.au/legal.php
28. Entrants consent to the Promoter using their name, likeness, image and voice (including photograph, film and recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
29. If for any reason the Promotion cannot run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the Promoter’s control corrupting or affecting the administration security, fairness or integrity or proper conduct of the Promotion, the Promoter can, at its sole discretion, take any action that may be available, and cancel, terminate, modify or suspend the Promotion, subject to any applicable State and Federal laws and regulations.
30. 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.
31. Any costs associated with accessing the TIC TAC ® Australia and New Zealand Facebook Page is the Entrant’s responsibility and is dependent on the Internet service provider used.
32. Entrants acknowledge that the Facebook Terms and Policies, including Facebook’s privacy policy (http://www.facebook.com/about/privacy/#!/about/privacy/) apply in relation to their access to, and use of, the TIC TAC ® Page. Entry and continued participation in the Promotion is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
33. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants:
(a) understand that they are providing their information to the Promoter, its affiliates and agencies associated with the Promotion, and not to Facebook; and
(b) release Facebook from any liability arising out of or in relation to the Promotion.
Facebook will not enter into any correspondence with Entrants regarding the Promotion.