Australian Competitions Club

(https://tictac-birkenstock.kopromos.com.au/_astro/2COL_Promotion_KV_1_f1kebn_Z1ExToc.png)

https://tictac-birkenstock.kopromos.com.au

TERMS AND CONDITIONS:

Promoter Ferrero Australia Pty Ltd (ABN 29 001 249 261), Level 36, 100 Miller Street, North Sydney NSW 2060.
Competition Period: Entries open at 12:00am AEST (2:00am NZST) on 02/09/24 and close at 11:59pm
AEDT (1:59am NZDT following day) on 27/10/24
(“Competition Period”). Only Australian and New Zealand residents who are aged 18 or over. Who can’t enter?
Directors, officers, management and employees (and their immediate families) of
the Promoter, participating retailers 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 1
st cousin.
The competition will run in all retailers (including online) in Australia and New Zealand that stock Tic Tac products (each a “Store”).
Qualifying Purchase:
To be eligible to enter, entrants must purchase any 24g or 49g Tic Tac product
from a Store (“Qualifying Purchase”) during the Competition Period. Entry instructions:
To enter, you must then, during the Competition Period:
(a) visit the Website and follow the prompts to the promotion entry page;
(b) input the requested details including full name, email address, address, phone
number and the Store of Qualifying Purchase;
(c) upload a copy of their Qualifying Purchase receipt;
(d) check the box consenting to personal information being stored and managed
in accordance with the Privacy Act 1988 (Cth) and the Promoter’s Privacy Policy;
and then
(e) submit the fully completed online entry form (each an “Entry”).
How many
winners will
there be and
how will they
be chosen?
There will be six (6) draws conducted for this promotion. Entries close for each
draw at 11:59pm AEST/AEDT (1:59am NZST/NZDT following day), as applicable,
on the dates specified in the table below. All draws will take place at 2:30pm
AEST/AEDT (4:30pm NZST/NZDT), as applicable, at KollwitzOwen, Suite 8, 799
Springvale Road, Mulgrave VIC 3170 on the dates specified in the table below.
Provisional winners will be notified by e-mail within two (2) business days of the
relevant draw and the names of all AUS and NZ winners will be published on the
Website on the dates specified in the table below.
Draw Entries close Draw date Publication Date Winners Drawn
1 08/09/24 10/09/24 12/09/24 25
2 15/09/24 17/09/24 19/09/24 25
3 22/09/24 24/09/24 26/09/24 25
4 29/09/24 01/10/24 03/10/24 25
5 06/10/24 08/10/24 10/10/24 25
6 13/10/24 15/10/24 17/10/24 25
7 20/10/24 22/10/24 24/10/24 25
8 27/10/24 29/10/24 31/10/24 25
The first valid entries drawn in each draw, up to the number indicated in the
far-right column in the table above will each win a prize.
The Promoter may draw additional reserve entries in each draw and record them
in order in case a winning entry/entrant is deemed invalid. For the avoidance of
doubt, non-winning entries in each draw will be rolled over in to any subsequent
draws.
What can I
win?
There are a total of two hundred (200) prizes available to be won. In each draw,
each winner will receive one (1) Birkenstock digital gift card valued at AU/NZ$100
(based on winner’s country of residents).
Total prize
pool
The total prize pool is AU$20,000.00.
How many
times can I
enter?
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted
per Qualifying Purchase, regardless of how many eligible Tic Tac products are
purchased in that transaction in excess of one (1); (b) each entry must be
submitted separately and in accordance with entry requirements; (c) a maximum
of one (1) entry per person per day is permitted; and (d) entrants are eligible to
win a maximum of one (1) prize throughout the Competition Period (excludes SA
residents).
For the avoidance of doubt, if multiple Tic Tac products are purchased in a single
Qualifying Purchase, the entrant is only entitled to one (1) entry for that Qualifying
Purchase.
How and when
will the
winner/s be
informed?
Provisional winners will be notified by e-mail within two (2) business days of the
relevant draw.
Proof of
purchase
You must keep the following as proof of purchase for all entries:
● Copy of purchase receipt for the Qualifying Purchase.
If you do not produce the above proof of purchase for all entries when asked, the
Promoter may disqualify all of your entries and you will lose any right to a prize.
Proof of purchase must be identical to that provided by you with your entry. If, in
the Promoter's opinion, you have shared any proof of purchase with another
person, your entries will be invalid, and you will lose any right to a prize.
Unclaimed
prize/s
Prize claim date: 1:30pm (AEDT) (3:30pm (NZDT)) on 20/12/24.
Unclaimed prize determination: 2:30pm (AEDT) (4:30pm (NZDT)) on 22/12/24
at the same location as the original draws.
If a prize has not been accepted or claimed by the prize claim date above or if,
after making all reasonable attempts, the Promoter cannot contact a winner (or a
winner does not contact the Promoter) by the prize claim date above, that winner
will forfeit their prize and the Promoter will carry out an unclaimed prize draw at
the date, time and place stated above to randomly distribute the prize/s, subject to
any directions from a regulatory authority.
Any provisional winner/s, of the unclaimed prize draw, will be notified by e-mail
within two days of the draw and winners’ names, if any, will be published on the
Website on 24/12/24.
Collection and
use of your
personal
information
If you are a winner, you must take part in all publicity, photography and other
promotional activity as the Promoter reasonably requires, without any
compensation. You consent to the Promoter using your name and image in any
promotional or advertising activity.
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, prize suppliers and, as
required, to Australian regulatory authorities. 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 https://www.tictac.com/au/en/legal-aspects-tictacr/. In addition to
any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may,
for an indefinite period, unless otherwise advised, use the PI for promotional,
marketing, publicity, research and profiling purposes, including sending electronic
2
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. Unless otherwise indicated by the
Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of
the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any
overseas recipient will not breach the Australian Privacy Principles. By entering
the promotion entrants consent to the overseas transfer on these terms as
permitted by the Australian Privacy Principles and agree that the Promoter is not
liable in this regard.
Permit
numbers
Authorised under:
NSW Authority No. TP/00495
SA Permit No. T24/XXXX
ACT Permit No. TP24/XXXX
11 These Terms and Conditions incorporate and must be read together with the details outlined
in the table above. Information about prizes and how to enter forms part of these Terms and
Conditions. By entering, you accept these Terms and Conditions.
Entry
12 Your entry must be received during the Competition Period and will be deemed to be received
only when received by the Promoter. If you return a Qualifying Purchase your entry may be
deemed invalid at the Promoter's discretion (unless the product is defective). You will receive
a return message confirming your entry. The Promoter is not liable for any problems with
communications networks. You are responsible for your own costs associated with entering
including costs associated with accessing the promotional Website. If you enter using
automatically generated entries or multiple phone numbers/email
addresses/addresses/aliases, you will be disqualified.
Prizes
13 Prizes and all elements of prizes must be taken as and when offered or will be forfeited. If
the prize is forfeited, the Promoter will not be liable. Prizes are subject to any additional terms
and conditions imposed by the relevant supplier or the Promoter, including, validity periods.
14 Prize values are in Australian dollars (AUD). Any unused balance will be forfeited and will not
be exchangeable for cash. Any ancillary costs associated with redeeming the prize are not
included. Redemption of a gift card is subject to any terms and conditions of the issuer
including those specified on the gift card itself.
15 The Promoter is not responsible for any dispute between you and any person with whom you
choose to, or choose not to, share the prize.
16 Winners are responsible for ensuring that all prize delivery details provided are correct. The
Promoter will not be liable for any costs associated with re-delivery of a prize, should the
delivery details provided by a winner be incorrect.
General
17 Any failure by you to comply with the conditions imposed by the prize supplier(s) may result
in the prize being cancelled or withdrawn without liability for the Promoter or the prize
supplier(s).
18 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your
entry (or at the Promoter's discretion, all of your entries) may be discarded.
19 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.
3
The Promoter's legal rights to recover damages or other compensation from such an offender
are reserved.
110 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.
111 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the
competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of
its related entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
112 The Promoter is not liable for entries, prize claims or correspondence that are misplaced,
misdirected, delayed, lost, incomplete, indecipherable or incorrectly submitted. Incomplete or
indecipherable entries will be deemed invalid.
113 The Promoter’s decision is final and no correspondence will be entered into.
114 Prizes cannot be transferred or exchanged nor redeemed for cash, unless otherwise
specified.
115 Without limiting any other term of these Terms and Conditions and subject to the unclaimed
prize draw clause, all prizes (and elements of prizes) must be taken as and when specified,
or will be forfeited with no replacement. The prize values are correct as at the date of
preparing these Terms and Conditions and include any applicable GST. The Promoter is not
responsible for any change in prize value. You agree that if a prize (or element of a prize) is
unavailable for any reason the Promoter may provide another item of equal or higher value
and/or specification, subject to any necessary approval by the relevant gaming authorities.
116 If this competition cannot run as planned for any reason beyond the Promoter's control, for
example due to software, hardware or communications issues, unauthorised intervention,
tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the
competition or disqualify affected entries/entrants, subject to any necessary approval by the
relevant gaming authorities. Where it is practical for it to do so, the Promoter will notify you of
such changes.
117 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.
118 The Promoter is not responsible for any tax implications arising from you winning a prize. You
should seek independent financial advice. For Australian residents, if for GST purposes this
competition results in any supply being made for non-monetary consideration, you must
follow the Australian Taxation Office’s stated view that where the parties are at arm’s length,
goods and services exchanged are of equal GST inclusive market values.
Liability
119 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 or any statutory consumer
guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable
Guarantees”). Except for any liability that cannot by law be excluded, including the NonExcludable 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.
120 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.