TERMS AND CONDITIONSMini Drops ‘Win The Bike You Like’ Promotion
Promotion Type
Consumer
Promoter
Kraft Foods Australia Pty Ltd (ABN 78 004 551 473) of Level 6, South Wharf Tower, 30 Convention Centre Place, South Wharf VIC 3006.
Permit Numbers
Authorised under:
NSW Permit No. LTPS/12/04558
VIC Permit No. 12/724
SA Licence No. T12/545
ACT Permit No. TP12/01087.1
Relevant State(s)
All Australian States and Territories.
Promotion Period
The Promotion starts at 02/07/12 at 00:00:01 AEST.
The Promotion closes at 31/08/12 at 23:59:59 AEST.
Verification Requirements
Each entrant must retain their store receipt for each entry (Receipt). Winners must produce a copy of their Receipt as the proof of purchase to be awarded a Prize if requested by Promoter.
Entry Procedure
To enter, entrants must, during the Promotion Period:
a) purchase any 180g packet of Cadbury Mini Drops and one (1) Participating Product (as defined below) in the one transaction from a participating IGA, Supa IGA or Foodland store (Qualifying Purchase); and
b) obtain a promotional entry form flyer with a unique code (Flyer) located in a participating store; then,
c) visit the ‘Win the Bike You Like’ promotion microsite at
www.cadbury.com.au (Promotional Website) and fully complete the online form and submit, including entering the unique code from the back of the Flyer, barcode details from the Qualifying Purchase, Receipt number, full name, postcode, email address and contact phone number.
Prizes will be awarded throughout the Promotion Period. Pre-determined times will be randomly generated and distributed throughout the Promotion Period. The first entrant who submits an entry on or after a pre-determined time will be allocated a Prize. Provisional Prize winners will be required to complete the Prize Claim Procedure to receive a Prize.
Participating Products
Cadbury Favourites 300g, Cadbury Bitesize Range 150g-180g, Cadbury Sharepack Range 168g – 240g, Cadbury Block range 160g – 350g
Entry Restrictions
Entry is available to residents of Australia aged 13 years or older.
Maximum Number of Entries
One entry only per Qualifying Purchase and you may only use one unique code per Qualifying Purchase. Multiple entries are allowed but entrants (other than South Australian residents) will only be allowed to win once.
Prize Claim Procedure
Winners will be notified by email immediately upon submitting a winning entry via the Promotional Website (Email). Winners must verify their claim for a Prize by sending a copy of the Receipt to the Promoter (at the address to be provided in the Email) within 7 working days of receiving the Email.
The Promoter reserves the right to withhold a Prize from a participant who does not comply with the Prize Claim Procedure. Any unclaimed or un-verified Prizes will be awarded in the Unclaimed Prize Draw.
Once the Prize Claim has been verified, the winner will be notified by their choice of SMS, letter or email of a username and password that will allow them direct access to a website where they can customise their own bike (Customisation Website).
Prize Details
500 x Customisable bikes valued at $395 RRP each.
By accessing the Customisation Website, winners will be able to choose from selected colours for the frame, tyres, seats and handle grip and rims.
If a winner does not access the Customisation Website to customise their bike before Sun. 16th September 2012 they will automatically be awarded a bike in the colours of green and gold.
All bikes will be delivered by 31st December 2012, subject to the prize provider’s ability to deliver by this date, except in the case of Victorian entrants where ownership of Prizes will be transferred to Winners within 28 days of the draw, with delivery of final customised Prizes (as specified by the Winners) to be delivered as soon as practicable on or after that time.
Prize Restrictions (if any)
Bikes will be delivered to winners flat packed and will come with instructions and tools required for assembly. Cost of assembly (if any) is not included in the Prize value and no assembly services will be provided by the Promoter.
Total Prize Pool
Total Prize pool is valued at $197,500 RRP
Notification of Winners
All winners will be notified that they are a provisional winner via the Promotional Website and in writing by email immediately after they have won a Prize. Names of winners of Prizes will be published on the Promotional Website and in The Australian newspaper on the next Publication Date after the successful Prize claim.
Publication Dates
27/07/2012, 24/08/2012, 07/09/2012
Prize Claim Date
In the event a Prize winner is not eligible to win a prize or is otherwise unable to complete the Prize Claim Procedure by 11th December 2012 a Prize draw will take place to award any unclaimed Prizes.
Unclaimed Prize Draw
Unclaimed Prizes will be drawn on 12th December 2012 at 10am (AEST) at Oxygen Interactive, Level 1, 16 Palmer Parade Cremorne VIC 3121. Unclaimed Prize Draw winners will be contacted in writing and their names will be published in The Australian newspaper on 19th December 2012. Winners of an unclaimed Prize will be awarded a green and gold coloured bike and will not be given the opportunity to customise their Prize.
Additional Terms
1. At the end of the lottery all existing claims to prizes and entitlements will be met notwithstanding the advertised prize pool has been exceeded.
2. Printing errors or other quality control matters outside the control of individual entrants will not be used as the sole basis for refusing to award a prize.
Trade Promotion: Game of Chance
Conditions of Entry
1. These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of Entry. Participation in the Promotion constitutes acceptance of these Conditions of Entry.
2. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.
Eligibility
3. If this is a consumer promotion, entry to the Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions (if any). Entrants under 18 years of age must have the consent of a parent or guardian to enter.
4. If this is a retailer promotion, entry to the Promotion is open to individuals who own a Selected Business in the Relevant State(s) and who meet the Entry Restrictions (if any). If ownership of a Selected Business changes during the Promotion Period, only the new owner will be eligible to enter the Promotion. Where a Selected Business is owned by a company or other legal entity, entry is open to a nominated representative of that entity (eg, a nominated shareholder or partner) who meets the entry criteria specified in this paragraph.
5. If this is an internal promotion, entry to the Promotion is open to Kraft employees who meet the Entry Restrictions (if any).
6. Unless this is an internal promotion, directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.
Entry
7. The Promotion will be conducted during the Promotion Period.
8. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
9. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted. Once submitted, entries may not be altered or deleted.
10. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable).
11. Entries must be received by the Promoter during the Promotion Period. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
12. If the Promotion involves mail entry, each entry must be sent in a separate envelope.
13. If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST), whether sent during or outside the Promotion Period. SMS entry is only open to entrants with a compatible mobile phone connected to a service provider that permits text messaging to the Promotion SMS number. Entrants are encouraged to check this with their service provider before entering the Promotion. SMS entries must be submitted from the entrant’s mobile phone.
14. If the Promotion involves entry via a competition phone line, the maximum cost of a standard call to the competition phone line is 55 cents (inc GST), whether calls are made during or outside the Promotion Period. Higher rates may apply for calls made from mobile or public phones.
Entry Content
15. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
16. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
17. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
18. An entrant’s entry must not include:
a. any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
19. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
20. By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.
Challenge
21. If the Promotion involves a challenge, the challenge will be conducted as specified in the Entry Procedure. Entrants (and other challenge participants, if applicable) must comply with any reasonable directions or guidelines notified to them in connection with the challenge. If an entrant or challenge participant is under 18 years of age, they must have written permission from a parent or legal guardian before being able to participate in the challenge.
22. Unless otherwise specified, entrants and challenge participants are responsible for making their own way to and from the challenge, at their own cost.
Facebook promotions
23. If the Promotion is conducted via the Facebook Platform:
a. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
b. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to Facebook.
c. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
d. Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion.
Determining and notifying winners
24. The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.
25. If the Promotion includes instant win prizes, the instant win prize(s) will be awarded to the valid entry or entries (as applicable) in accordance with the Entry Procedure and the Instant Win Details.
26. Winners will be notified as specified in the Schedule and their name and State/Territory of residence will be published in accordance with the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of winners on their website(s) and in trade publications. By entering this Promotion, each entrant requests that his or her full address not be published.
Prizes
27. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
28. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
29. If a prize includes tickets, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not be liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
30. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize.
31. If the one of the people taking or participating in a prize is under 18 years of age, a parent or legal guardian of the winner must be present for the duration of the prize, as one of the participants. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines notified to them by the Promoter or their chaperone.
Claiming prizes
32. Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.
33. If this Promotion involves instant win tickets such as specially marked product wrappers or scratchies, winners must present their winning ticket to be eligible to claim a prize. The Promoter is not responsible for late, lost, destroyed, altered, damaged or defaced tickets. Bona fide tickets may incorporate security and/or verification measures to guard against fraud. The Promoter and the suppliers of prizes may conduct security and/or verification checks in their absolute discretion to determine whether a ticket is bona fide. A ticket 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 or verification checks. Printing errors and other quality control errors will not be used as the sole basis for refusing prize claims. If the advertised instant win prize pool is exceeded, all valid claims for prizes will be met.
34. If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State/Territory of residence published in accordance with the Unclaimed Prize Arrangements.
General
35. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
36. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:
a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes where entrants share receipts or product labels to enter the Promotion or where entrants use multiple names or addresses to register multiple entries.
37. Entrants must comply with the Verification Requirements. The Promoter may require entrants to provide these to the Promoter or its agent as part of the entry verification or prize claim process. Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared invalid).
38. All entries will be the property of the Promoter and will not be returned.
39. Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or any other form of compensation. The value of each prize is accurate as at the commencement of this Promotion. The Promoter accepts no responsibility for any variation in the value of a prize after that date. If a prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the relevant authorities in the Relevant State(s), if required. If a winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the Prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.
40. If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.
41. If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material.
42. If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required.
43. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
44. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
45. The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion (including Facebook, if the Promotion is conducted via a Facebook Platform) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
46. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
47. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
48. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
49. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants’ personal information to companies and agencies connected with this Promotion and to relevant authorities in the Relevant States, and the winner’s name and State/Territory of residence may be published in accordance with these Conditions of Entry and as required under relevant legislation. The Promoter’s privacy policy is available on the Promoter’s website
www.cadbury.com.au.
Must be >13y.o. to enter. Must verify entry to win a Prize. Starts 2/7/12; ends 31/8/12. Entry open to Australian residents. Entrants <18 yo need parent/guardian consent to enter. To enter, buy a Cadbury Mini Drops 180g pack plus one participating Cadbury product (Favourites 300g, Bitesize 150g-180g, Sharepack 168g–240g, Block 160g–350g) at a participating IGA, Supa IGA, Foodworks or Foodland store; pick up a Promotion Flyer in-store; go to the ‘Win the Bike You Like’ page at
www.cadbury.com.au and enter unique code on Promotion Flyer and other details as required. One entry per qualifying purchase. Prizes awarded at randomly generated pre-determined times. Prize: Customisable bike, valued at up to $395 (inc GST). 500 Prizes. Total prize pool: up to $197,500 (inc GST). Winners notified in writing and published in The Australian on 27/7/12, 24/8/12 & 7/9/12. Full T&Cs:
www.cadbury.com.au. Promoter: Kraft Foods Australia Pty Ltd Level 6, South Wharf Tower, 30 Convention Centre Place South Wharf 3006. Authorised under Permits ACT TP12/01087, SA T12/545, NSW LTPS/12/04558 & VIC 12/724.
