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| | |-Comping Club  Your Child could be the face of Kinder 2019 chocolate - Woolworths/Kinder - purc
Entry Details
  • Child could be face of Kinder     Closing Date: Sunday 01 September 2019

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 Category   • Cash & Vouchers 
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  $42,000.00  
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Author Topic: Your Child could be the face of Kinder 2019 chocolate - Woolworths/Kinder - purc  (Read 206 times)  (Replies 0 posts)
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« : Friday 02 August 2019, 06:32:19 am »
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https://www.kinder.com/au/en/face-of-kinder

TERMS AND CONDITIONS:

1. Information on how to enter and the prize(s) form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who (a) is the parent
or guardian of a child aged between 3 years & 10 years as at the date of entry; and
(b) is available to travel to Sydney, NSW for the purposes of a photo shoot if selected
as a winner, during the period of October 2019–November 2019 (with exact travel date
to be determined by the Promoter). The child entered must also be an Australian
resident.
3. 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.
4. Promotion commences at 12.00am AEST on 22/07/2019 and closes at 11:59pm AEST
on 01/09/2019 (“the Promotional Period”). All times and dates throughout these
Terms and Conditions will be AEST as and when applicable in NSW.
5. There will be two (2) components to this promotion, comprising of (1) the “Face of
Kinder” game of skill component; and (2) a “daily draw” game of chance element.
How to enter
6. To be eligible to enter each component, individuals must purchase any Kinder product
from Woolworths in Australia during the Promotional Period (“Qualifying Purchase”).
7. To enter each component, individuals must then, during the Promotional Period,
undertake the following steps:
(a) Visit the website www.faceofkinder.com (“the Website”)
(b) upload a copy of their purchase receipt evidencing the
Qualifying Purchase;
(c) when prompted, upload a photograph of their own child,
which they have personally taken. The photograph must be
a clear, colour photograph of the child showing head and
shoulders. The photograph must not have been taken more
than three (3) months before the date of entry. The child’s
face must be fully visible. The child must be dressed in nonbranded clothing (i.e. the clothing should exclude brands,
including any cartoon or movie characters). When uploading
a photograph, entrants will also be given the opportunity to
edit their photograph using illustrations provided by the
Promoter to also assist in representing their child’s story. For
clarity, the illustrations may vary throughout the Promotional
Period. It is not mandatory to edit photographs. Illustrations
will not be taken into consideration when determining the
winners;
(d) input the requested details of the child that they wish to enter
including their date of birth (i.e. the child that appears in the
photograph) and provide an answer to the following question
in 70 words or less: “Tell us How Your Child Makes Your
Day?”. Answers that refer to branded content or third party
IP such as wanting to be Batman or Mickey Mouse will be
excluded;
(e) input the entrant’s details, including their full name, date of
birth, a valid email address, mobile phone number and
postcode;
(f) agree to the Privacy Statement and these Terms and
Conditions; and then
(g) submit the fully completed online entry form.
8. The Promoter will confirm via email within two (2) NSW business days, from when the
entry is finalised, whether an entry has (a) been accepted and posted on the Website
for public voting; (b) if it has been flagged for review; or (c) if it has not been accepted.
If the entry is not accepted the Promoter may, in its absolute discretion, permit the
entrant to enter their child again. Entries will not be accepted if they are not in
accordance with these Terms and Conditions, including but not limited to, if the
Promoter reasonably believes the entrant has not complied with clause 10.
9. 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:
(a) 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;
(b) their Content shall not contain viruses or cause injury or harm to any person or
entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property
that appears in their Content;
(d) the Content is the original work of the entrant that does not infringe the rights of
any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they
have the full authority to grant these rights; and
(f) 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.
10. As a condition of entering this promotion, each entrant agrees to assign all of their
rights, title and interest (including copyright) in and to their entry (which shall include
Content) to the Promoter, and to execute any documents to confirm such assignment.
Entries will not be returned to any entrant.
11. The Promoter reserves the right, at any time, to verify the validity of entries and
entrants (including an entrant’s or their child’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 the 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.
12. Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted
per Qualifying Transaction, regardless of the number of products purchased in that
Qualifying Transaction; and (b) subject to 12(a) each entrant is only allowed to submit
one (1) entry per child. Max. of one (1) prize in each component permitted per
household (excluding SA residents).
Voting – Face of Kinder
13. The voting for the “Face of Kinder” component commences at 12:00am AEST on
23/07/2019 and closes at 11.59pm AEST on 08/09/2019 (“the Voting Period”).
14. Voting is open to Australian residents aged 18 years or over.
15. Employees (and their immediate families) of the Promoter and agencies associated
with this promotion are ineligible to vote. 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.
16. To vote, individual must, during the Voting Period, undertake the following steps:
(a) visit the Website and follow the prompts to vote;
(b) the voter must then register their requested details, including
providing an email address;
(c) the individual must then submit their vote in accordance with
the instructions provided.
17. The Promoter reserves the right, at any time: (a) to invalidate any votes which it
reasonably suspects have been submitted using false, incorrect, fraudulent or
misleading information, including but not limited to personal details and contact
information and/or votes that have been submitted through the use of multiple
identities, email addresses or accounts; and/or (b) to disqualify any entrant
(or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered
or offered payment or other consideration to another person in exchange for votes or
has otherwise encouraged or procured any person to submit votes contrary to these
Terms and Conditions.
18. Only one (1) vote is permitted per person per day. For clarity a person can submit
multiple votes during the Promotional Period, however a person can only submit one
(1) vote per child and only one (1) vote per day.
Judging – Face of Kinder
19. Judging for the “Face of Kinder” component will involve a two (2) step process. There
will be thirty (30) boys and thirty (30) girls selected from Australian residents based on
the number of votes received. The Promoter will not release the number of votes
received by each entry at any time. In the event of a tie between any entries with the
same highest number of votes for a Top 60 position, the Promoter will judge each tied
entry and determine which of the tied entries will be deemed one of the Top 60.
20. The Top 60 entries will then be judged by a panel of judges selected by the Promoter.
Each of the Top 60 entries will be judged by the judging panel based on the criteria
which child’s story is the most creative and unique. There will be two (2) boys and two
(2) girls selected from Australia to win the prize. 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.
21. The winners will be notified by telephone and email. The Promoter may announce the
results on the Website (or any other medium including but not limited to social media
channels) shortly after the winners have been determined, in their absolute discretion.
The parent or guardian of each winning child must confirm by email that they can
attend the prize on the nominated dates (as indicated at the time of winner notification).
It is also a condition of accepting the prize, that the parent or guardian of the child in
question, sign a legal release, indemnity, and copyright assignment in a form
determined by the Promoter and return it by the date and in the manner required as
indicated at the time of winner notification. If the parent or guardian fails to provide
confirmation (and or the required documents) in the required time then they will be
deemed ineligible and the Promoter may select a reserve to take their place. If for any
reason the child and/or parent/guardian does not attend the photo shoot at the time
stipulated by the Promoter or the child does not want to appear on pack or any other
media, then the child and parent/guardian will forfeit the chance to have the child
appear on pack, and will not receive any other prize or cash in lieu of the prize.
22. The “Face of Kinder” component is a game of skill and chance plays no part in
determining the winners.
Prizes – Face of Kinder
23. Each prize is the chance for the child to participate in a photo shoot in order to appear
on Kinder Chocolate packs together with their story (or an edited version of the same
as determined by the Promoter in its absolute discretion). The Promoter may also
decide to obtain additional content (including photographs and/or video recordings)
from selected winners for the purposes of promoting the Face of Kinder promotion,
should the Promoter choose to conduct the promotion again.
24. The Promoter in its absolute discretion will determine:
(a) how the child and their story will appear on packs;
(b) the number and type of packs on which the child will appear; and
(c) how, where and when the packs will be distributed and sold in Australia.
In order to take up the prize the child and parent must be able to attend the nominated
photo studio (for a photo and video shoot), as determined by the Promoter, in Sydney,
NSW on the date (or dates) to be determined by the Promoter between the period of
October 2019 to November 2019. The shoot will be for a period of between 1-3 days
in total. The Promoter will provide 2 return economy airfares from the winner’s nearest
Australian capital city to Sydney (if required). Prize does not include any
accommodation, unless otherwise specified by the Promoter. In exceptional
circumstances, because of the location of individuals, the Promoter may, in its
absolute discretion, provide up to three (3) night’s accommodation. Any other ancillary
costs associated with accepting the prize are not included. Prize must be taken on
specified dates and is subject to booking. No other prize, other than what is listed
above will be awarded to the winners and/or entrants.
Daily Draws
25. All entrants who enter in accordance with clause 8 will also be entered into the Daily
Draw component. There will be one (1) Daily Draw for each day of the Promotional
Period (42 in total). Entries into each Daily Draw close at 11:59pm AEST each day of
the Promotional Period. Non-winning entries in each Daily Draw will be entered into
any subsequent Daily Draws. Daily Draws will take place at The Kinetic Agency 12
Upward Street Leichhardt NSW 2040 at 10:00am AEST each business day between
23/07/2019 and 02/09/2019 inclusive. Daily Draws will not be conducted on weekends
or public holidays in NSW. Winners will be notified in writing via email and also by
telephone within two (2) business days of each Daily Draw and all winners will be
published on www.kinder.com/au/en from 16/09/2019.
26. The first twenty (20) valid entries drawn in each Daily Draw will each win a $50
Woolworths Gift Card.
27. Any ancillary costs associated with redeeming any gift card are not included. Any
unused balance of any gift card will not be awarded as cash. Redemption of any gift
card is subject to any terms and conditions of the issuer including those specified on
the gift card.
28. Once a Daily Draw winner is deemed by the Promoter to have complied with these
terms and conditions, the Promoter will deliver the prize to the winner’s provided
address in Australia, within 60 days of the winner’s entry being verified and accepted.
The Promoter takes no responsibility for an incorrect address being provided when
entering the promotion or during the notification and verification process, and (once
dispatched), to the extent permitted by law, the Promoter is not liable for any prize that
has been lost, stolen, damaged or tampered with in any way.
29. A draw for any unclaimed Daily Draw prizes will take place at the same time and place
as the original Daily Draws on 03/10/2019, subject to the directions of any regulatory
authority. Winners, if any, will be notified in writing via email and also by telephone
within two (2) business days and all winners will be published on
www.kinder.com/au/en from 30/10/2019.
30. Total prize pool of the Daily Draw component is $42,000.
General
31. Incomplete, indecipherable, or illegible entries or votes will be deemed invalid.
32. During the entire duration of the photo shoot a nominated parent/guardian must
accompany any child.
33. 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.
34. If any prize (or part of any 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, subject to the directions of any regulatory authority.
35. Prizes, or any unused portion of a prize, are not transferable or exchangeable and
cannot be taken as cash, unless otherwise specified.
36. Entrants consent to the Promoter using their and child’s 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. Winners may be required
to appear in person for media interviews and picture opportunities upon reasonable
request by the Promoter.
37. 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) subject to the directions of any
regulatory authority, to modify, suspend, terminate or cancel the promotion, as
appropriate.
38. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
39. The use of any automated entry or voting software or any other mechanical or
electronic means that allows an entrant to automatically enter or vote repeatedly is
prohibited and will render all entries/votes submitted by that entrant invalid.
40. 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, as well as any other implied warranties
under the ASIC Act 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.
41. 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) any tax liability
incurred by a winner or entrant; or (f) any prize, including photo shoot.
42. The Promoter collects personal information in order to conduct the promotion and may,
for this purpose, disclose such information to related bodies corporate, and third
parties, including but not limited to agents, contractors, service providers, prize
suppliers and if required, to Australian regulatory authorities. Entry and voting is
conditional on providing this information. The Promoter 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 or voter. Entrants or voters should direct any request to
access, update or correct information to the Promoter at the address set out below
and/or in accordance with the relevant Privacy Policy. A copy of the Promoterʼs Privacy
Policy is available at: http://www.kinder.com/en/au/legal-aspects. The Privacy Policy
also contains details of how individuals can complain if they believe a breach of the
Australian Privacy Principles or any other applicable law or code has occurred and
how those complaints will be resolved. All entries and votes become the property of
the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose
personal information to entities outside of Australia (for details, see the Promoter’s
Privacy Policy).
43. The laws of Australia apply to this promotion to the exclusion of any other law.
Entrants submit to the exclusive jurisdiction of the courts of Australia.
44. The Promoter is Ferrero Australia Pty Ltd of Level
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