1.This “Mars Play” competition (“Competition”) is conducted by Mars Australia Pty Ltd, ABN 48 008 454 313, trading as Mars Chocolate, of Ring Road, Ballarat VIC 3350 (“Promoter”).
2.Entry to the Competition constitutes acceptance of these conditions.
3.The Competition is only open to Eligible Entrants. An "Eligible Entrant" is an individual who: (a) is a resident of Australia or New Zealand aged 13 years or older as at the time of entry; (b) is not an employee of the Promoter or any of its related corporations or any of their agencies associated with the Competition; and (c) is not a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of such an employee.
4.The Competition opens at 9am on 15/8/12 and closes at 9am on 31/12/12 ("Entry Period"). All times and dates are times and dates in Sydney which may be AEST or AEDT depending on the date.
PROMOTION PRODUCTS
5.In the Competition, a "Promotional Product" is a MARS 53g or 72g confectionery product that is packed in a pack that refers to the Competition.
6.The maximum number of Promotional Products available to be purchased across Australia and New Zealand is 7,430,733.
7.A unique code ("Unique Code") is printed on the inside surface of the pack of each Promotional Product.
8.To enter the Competition, an Eligible Entrant must first purchase one Promotional Product from any participating retail outlet anywhere in Australia or New Zealand.
INSTANT WIN PRIZES 9.
There are 5,000 prizes available to be won (each a “Prize”).
10.Each Prize comprises one of each of the following items, each item branded with both “Mars” and “KooGa” brands:
(i) T-shirt (100% cotton) (“Tee”);
(ii) nylon gym sac;
(iii) pullover fleece hoodie (“Hoodie”); and
(iv) pair of fleece trackpants (“Trackpants”). 11.A Prize winner (other than a Prize winner in the second chance draw and any unclaimed prize draw – see conditions 21 and 37) may choose to have a name (“Name”) heat sealed on the back of their Tee by following the directions at the Competition Website at the time that the winner submits his/her Prize claim (see condition 18). The Name cannot comprise more than nine characters, with a space being counted as one character. The Promoter reserves the right supply the Tee without the requested Name if, in the Promoter's opinion, the Name may:
(i) cause offence to any person, group of persons or any other entity;
(ii) infringe the rights (including intellectual property rights, performer's rights or rights of reputation) of any person; or
(iii) promote illegal or negligent activity.
12.If a Prize: (i) has a Name on the Tee, the Prize is valued in Australia at A$225.50; (ii) does not to have a Name on the Tee, the Prize is valued in Australia at A$217.
13.A winner may request the Tee, Hoodie and Trackpants included in their Prize to be suitable for either a male or female wearer. If a male wearer is chosen, the winner may request one of the following sizes: Small, Medium, Large, Extra Large, Extra Extra Large. If a female wearer is chosen, the winner may request one of the following sizes: 8, 10, 12, 14 or 16. IMPORTANT: The size choice applies to all the garments in the Prize eg if size 10 is chosen for a female wearer, the request is for the Tee, Hoodie and Trackpants to all be size 10.
14.There will be a limited number of Tees, Hoodies and Trackpants in each gender and size combination and Prize winners will be asked at the time of submitting their Prize claim to choose their preferred Tee, Hoodie and Trackpants gender and size from those still available at the time the Prize claim is submitted. The Promoter will use its best endeavours to provide each Prize winner’s requested gender and size combination, may not be able to do so.
15.As Prize claims are received, the number of each gender and size combination for the Tees, Hoodies and Trackpants that will be available for selection by a winner will decrease. Accordingly: the first winner to submit a claim will be able to choose from all combinations; the last winner to submit a claim (assuming that claims are received for every Winning Wrapper) will not have any choice and will be awarded whatever combinations are still available.
PRIZE CLAIMS
16.Each of 5,000 Promotion Products is packaged in a wrapper that entitles its Eligible Entrant holder to a Prize (each such wrapper is a "Winning Wrapper").
17.Winning Wrappers are identifiable by text on the inside surface of the wrapper that states "Mars Play 2012 Winner". If those words are not printed on the inside surface of a wrapper, it is not a Winning Wrapper.
18.In order to claim a Prize, the holder of a Winning Wrapper must use a compatible browser to visit
www.marsplay.com.au ("Competition Website") and follow the directions there. For each claim, the entrant must:
(i) provide the Unique Code printed on the Winning Pack;
(ii) provide all other details required at the Competition Website, including the entrant's first name, last name, telephone number, postal address and postcode; and
(iii) select which Tee, Hoodie and Trackpants gender and size combination he/she would like to receive from those combinations available at the time that the claim is made.
19.A Prize claim that is not received during the Entry Period, and as otherwise directed will not be honoured. The Promoter takes no responsibility for late or misdirected Prize claims or for any delays or failures in any telecommunications service or equipment.
20.Only bona fide Winning Wrappers will be honoured. These may include unique security measures to guard against fraud. The Promoter may conduct security verification checks in their absolute discretion. A Winning Wrapper 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 and verification checks. The following provisions of this condition only apply to Prize claims that are made by residents of NSW or Victoria, or are made by persons who purchased a Promotion Product in NSW or Victoria: (i) unless otherwise due to fraud or ineligibility under these conditions, all Prize claims in excess of the number advertised as available (but otherwise in accordance with these conditions) will be honoured; and (ii) printing and other quality control errors outside the control of Eligible Entrants will not be used as the sole basis for refusing to honour a Prize claim.
SECOND CHANCE DRAW
21.Any Prizes that have not been won at the end of the Entry Period will be awarded in a second chance draw that will commence at 12pm on 6/02/13 at Prime Focus, Suite 403, 62 Beach Street, Port Melbourne VIC 3207 (“Second Chance Draw”).
22.The Promoter will determine the gender and size combinations for the Tees, Hoodies and Trackpants that are included in the Prizes that are awarded in the Second Chance Draw and which Prize is awarded to each winner in the Second Chance Draw.
23.An Eligible Entrant may enter the Second Chance Draw once for every Promotional Product that they purchase that is not a Winning Pack. The Unique Code on each Promotional Product must not be used for more than one entry into the Second Chance Draw.
24.An Eligible Entrant may, during the Entry Period, enter the Second Chance Draw by using a compatible browser to visit the Competition Website and following the directions there. For each entry, the entrant must:
(i) provide the Unique Code printed on the pack of the Promotional Product being used to enter, and
(ii) provide all other details required at the Competition Website, including the entrant's first name, last name, postal address and postcode.
25.All entrants must ensure that their entries to the Second Chance Draw are received by the Promoter during the Entry Period. The Promoter takes no responsibility for late or misdirected entries or for any delays or failures in any telecommunications service or equipment.
ENTRY GENERALLY
26.For the purposes of the following conditions, a Prize claim and an entry to the Second Chance Draw are both regarded as an entry.
27.For each Promotional Product used to submit an entry, each entrant MUST retain the original packaging from the Promotional Product that bears the Unique Code.
28.All entries may be subject to verification by the Promoter. The Promoter will reimburse an entrant for any reasonable costs incurred in complying with this condition.
(i) An entrant MUST, within 7 days of being asked, deliver to the Promoter (by a means determined by the Promoter) all of the items which condition 27 requires the entrant to retain and which are requested by the Promoter. The Promoter may elect not to return those items.
(ii) An entrant MUST also deliver to the Promoter (by a means determined by the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity. The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter's request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document.
29.The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant: (i) fails to establish their entitlement to enter a Competition to the Promoter's satisfaction; or (ii) fails to produce items as required by condition 28 or produces items that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or (iii) in the Promoter's opinion, tampers with the entry process or benefits from such tampering; or (iv) in the Promoter's opinion, submits an entry which is not in accordance with these conditions.
INTERNET
30.Any costs associated with accessing the Competition Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
31.Eligible Entrants must make their internet entries manually using an internet browser. The Promoter may reject internet entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
PRIZE CLAIMS
32.The maximum total value of all Prizes (Australian RRP) is A$1,127,500.
33.All Prizes are valued as at 6/3/12.
34.If a Prize is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Competition. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a Prize (or part of a Prize) is unavailable for any reason.
35.A right to receive a Prize is not transferable or exchangeable and cannot be taken as a monetary payment.
WINNERS
36.Each winner, however determined, will be notified in writing which will be sent to the postal address indicated in their entry.
37.Subject, where relevant, to any directions given under the legislation regulating the Competition, if any Prize awarded in the Second Chance Draw is not claimed by a winner within 3 months of the Second Chance Draw, the Prize will be awarded to another Eligible Entrant in a redraw commencing at 12pm on 20/5/13 at Prime Focus, Suite 403, 62 Beach Street, Port Melbourne VIC 3207
38.In order to be entitled to any Prize, each winner must, if requested by the Promoter, agree to and sign an eligibility form confirming their compliance with these conditions and eligibility to accept the Prize. A winner will forfeit his/her Prize if he/she fails to ensure that all documents relating to that Prize are signed in accordance with this condition, as and when required by the Promoter.
GENERAL
39.If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the authorities that have issued permits for its conduct.
40.Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition.
41.CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THE COMPETITION, OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH AN ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
42.All of the Promoter’s decisions are final and no correspondence will be entered into.
43.The Promoter accepts no responsibility for any tax liability incurred as a result of an entrant participating in the Competition. Entrants should obtain independent tax and financial advice.
44.To the full extent permitted by law, the Promoter, its associated companies and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or Prizes, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these conditions is intended to exclude, restrict or modify: (i) an Australian entrant’s rights under the Competition and Consumer Act 2010, or (ii) a New Zealand entrant's rights under the Consumer Guarantees Act 1993.
45.Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its winners and, if an entrant consents, may be used to market its products to the entrant. The personal information of each winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, Prize suppliers and deliverers, and to regulatory authorities. Persons may contact the Promoter by post at the address stated in condition 1 to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a Prize.
46.Authorised under NSW Permit No LTPS/12/02553; ACT Permit No TP 12/01104; VIC Permit No 12/637; SA T12/509
