Instant prizes to be won (200 aprons, 80 cookbooks, 800 samples).1. Information on how to apply for the Promotion forms part of these Terms and Conditions. Applications not completed in accordance with these Terms and Conditions will be rejected. Participation in this Promotion is also subject to the Tgarage Terms and Conditions
2. Participation in this Promotion is deemed acceptance of these Terms and Conditions and the Tgarage Terms and Conditions.
3. The Promoter is Mars Australia Pty Ltd (ACN 008 454 313) of 4 Corella Close, Berkeley Vale, NSW 2261. The Promotion is co-ordinated by T Garage Pty Ltd (ABN 99 118 105 025) of Unit 1, 214 Mair Street, Ballarat, Victoria, 3350 (" Tgarage")
Definitions
4. In these Terms and Conditions and the Promotion:
a. 'Facebook Member' means a person that has registered, been accepted as and continues to be a member of Facebook (
www.facebook.com) and has agreed to the terms and conditions of that membership;
b. 'Masterfoods Facebook Page' means the Facebook page available on Facebook at:
www.facebook.com/masterfoods;c. 'MasterFoods Facebook Application' means the Facebook Application available for Facebook Members to accept and install at
http://www.facebook.com/masterfoods?sk=app_153908388027774d. 'Tgarage Terms and Conditions' means the terms and conditions which relate to the use of any website (including the Tgarage Website) or participation in any promotion owned, operated or co-ordinated by Tgarage; and
e. 'Tgarage Website' means the Tgarage website:
http://www.tgarage.com.au/masterfoodsTerms.aspx Dates
5. This Instant Win Promotion commences at 00:01am (AEDT) on 01 October 2011 and closes at 11:59pm (AEST) on 31 December 2011 ("Promotion Period").
Entry
6. Participation in this Instant Win Promotion is only open to those persons who:
a. are Australian residents;
b. are aged 18 years of age or over;
c. are a Facebook Member;
d. have accepted the MasterFoods Facebook Application; ande. otherwise fulfil the application requirements set out in these terms and conditions.
("Eligible Entrants").
Game of Chance
7. This Instant Win Promotion involves an element of chance.
8. Eligible Entrants are required to:
a.
'Like' the MasterFoods Facebook Page;
b. open the MasterFoods Facebook Application;
c. read, acknowledge and agree to these Terms & Conditions;
d. confirm that they are an Australia resident for tax purposes; and
e. click on the 'Instant Win' (or similar) button,
f. submit their full name, postal address, email address and contact phone number when requested,
during the Promotion Period.
9. Limit of one (1) entry per person per calendar month (ie once in October, once in November, once in December and so forth) throughout the Promotion Period. All subsequent entries will be removed.Instant winners
10. All entries into this Instant Win Promotion that are completed correctly will be eligible to win an instant prize.
11. The instant prize will be one (1) of:
a. Gary Mehigan 'Comfort Food' cook books, RRP $50AUD (a total of 80 available); or
b. MasterFoods Apron, RRP $25 AUD (a total of 200 available); or
c. MasterFoods Sample product as determined by the Promoter from time to time throughout the Promotion Period (a total of 800 available), estimated value at $4.50 AUD each.
12. 1,080 instant winner prizes will be available over the Promotion Period to random valid entrants. Participants will be notified immediately if they are an instant winner (or within 48 hours from entry).
13. Instant winners will be issued with a six (6) digit Prize Claim Number determined by Tgarage. The unique Prize Claim Number will need to be recorded by the entrant for prize verification purposes.
14. Prize winners will need to complete and submit their full name, postal address, email address and contact phone number in order to claim their prize and in order for the Promoter to notify the winner of the details of delivery of the prize (which the Promoter will do within 14 days of the winner's details being submitted pursuant to this clause).
15. In the event of any dispute with the Promoter or Tgarage, or at the request of the Promoter or Tgarage, instant winners will be required to correctly quote their unique Prize Claim Number to be awarded their prize.
16. The Promoter reserves the right to withhold the awarding of an instant prize to a participant who cannot provide a valid, unique Prize Claim Number. Any prizes that remain unclaimed or unverified within 90 days of being awarded will be forfeited by the winner.
17. The total prize pool value for this Instant Win Promotion is $12,600.00 AUD
Unclaimed prizes
18. If any prizes remain un-awarded or unclaimed at the end of the Promotion Period, a prize draw will take place at the office of Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121, on 2nd April 2012 at 10:00am (AEST) for those un-awarded or forfeited prizes.
19. Participants that were not awarded a prize will go into this prize draw provided they have submitted their full name, postal address, email address and contact phone number at the end of entering this Promotion and when prompted (that is at the conclusion of their the initial attempt to win the Instant WIN).
20. Winners will be notified by email within 14 days of the prize draw taking place.
General Conditions
21. These General Conditions apply to the entire Promotion. Headings are for reference purposes only.
Facebook acknowledgements
22. Participation in this Promotion is considered acceptance of the following:
a. a complete release of Facebook by any entrant or participant;
b. an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook; and
c. that the information provided by each entrant is provided to Tgarage and the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
23. Participation and entry in this Promotion is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
Applications, entries and Entrants
24. Employees (and their immediate families) of the Promoter, Tgarage 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.
25. Tgarage and the Promoter reserve the right, at any time, to verify the validity of all entries and the eligibility of all entrants, including their identity, age and place of residence, and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's and/or Tgarage's discretion. Failure by the Promoter and/or Tgarage to enforce any of their rights at any stage does not constitute a waiver of those rights.
26. Incomplete, indecipherable or illegible entries will be deemed invalid.
27. If there is a dispute as to the identity of an entrant, the Promoter and/or Tgarage reserve the right, in their sole discretion, to determine the identity and eligibility of the entrant.
28. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.
29. Any costs associated with becoming eligible to apply, applying or participating in this Promotion such as internet access or download costs, will be at the cost of the applicant.
Products
30. The Promoter's and Tgarage's decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria applied by the Promoter and/or Tgarage in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.
31. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
32. If any Product, or Prize (or part thereof) is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a product or prize to the equal value and/or specification.
33. Delivery details of all prizes will be specified by email.
34. Should an entrant's contact details change during the Promotion Period, it is the entrant's responsibility to notify Tgarage. A request to access or modify any information provided in an entry should be directed to Tgarage.
35. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.
36. As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter, Tgarage and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
37. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
Submission of Content or Material
38. When any entrant submits, produces or distributes any material for this Promotion including, but not limited to messages or sharing of links ("Content"), the entrant, unless the Promoter or Tgarage advises otherwise, licenses and grants the Promoter and Tgarage, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content 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 such use and warrant that they have the full authority to grant these rights.
39. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter and Tgarage shall not be liable in any way for such Content to the full extent permitted by law.
40. The Promoter and/or Tgarage may remove any Content that does not comply with these Terms and Conditions or the Tgarage Terms and Conditions. Entrants warrant and agree that:
a. they will not submit, produce, share or distribute any Content that is unlawful or fraudulent, or that the Promoter and/or Tgarage 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 18 or otherwise unsuitable for publication;
b. they will obtain prior consent from any person in respect of that person or their property that appears in their Content;
c. they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
d. their Content shall not contain viruses or cause injury or harm to any person or entity;
e. 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; and
f. the Promoter and/or Tgarage reserve the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
41. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter and/or Tgarage for any breach of the above terms.
42. Entrants acknowledge that entries, including Content will be posted on to the MasterFoods Facebook Page and on their individual Facebook profile via the relevant application (if any).
Variations to the Promotion
43. The Promoter and Tgarage may, in their absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Promotion, as appropriate, if:
a. for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter or Tgarage which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or
b. the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
44. Where the Promoter or Tgarage does modify, suspend, cancel or in any way amend the Promotion, the Promoter and/or Tgarage will provide notice of this on the relevant promotion Facebook page (if any) subject to regulatory approval.
Limitation of Liability
45. Except for any liability that cannot be excluded by law, the Promoter and Tgarage (including their officers, employees and agents) exclude 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 this 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 or Tgarage'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 or Tgarage) due to any reason beyond the reasonable control of the Promoter or Tgarage;
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. participation in the Promotion or use of a Product or prize.
This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
Use of personal information
46. Entrants consent to the Promoter and Tgarage 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.
47. Tgarage collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter and/or Tgarage may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to Tgarage.
48. All entries into this Instant Win Promotion become the property of the Promoter.
49. The Promoter's privacy policy can be viewed at
http://www.mars.com/global/policies/privacy/pp-english.aspx.
General
50. If any term agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.
51. This Agreement is to be interpreted in accordance with the Acts of the State of Victoria and all parties submit to the jurisdiction of the Courts of that State.
52. This Instant Win Promotion is authorised under Permit Number NSW LTPS/11/08843, VIC 11/2042, ACT: TP 11/03894, SA: T11/2066
