Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
Participation in this promotion is only open to Australian and New Zealand residents aged 18 years or over.
Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to participate. 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.
Promotion commences 10/05/2021 and closes at 11:59pm AEST on 04/07/2021 (“Promotional Period”).
To enter, entrants must undertake the following steps during the Promotional Period:
a. Purchase any specially marked jar of Nutella from any supermarket in Australia or New Zealand (“Qualifying Purchase”). The lid of each specially marked jar of Nutella will feature a sticker with a scratch panel, which once scratched, will reveal a unique code (“Unique Code”);
b. Scratch the panel to reveal the Unique Code and then visit www.nutella.com/win
(“Promotional Website”) and follow the prompts to the promotional entry page;
c. Input the requested details (including full name, year of birth, a valid email address, phone number, the supermarket in which the specially marked jar of Nutella was purchased, residential address and Unique Code);
e. Submit the fully completed online entry form (each an “Entry”).
Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. The entrant may be asked to provide receipts for all Entries. Failure to produce the proof of purchase for all Entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s Entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase, date of purchase and products purchased.
Multiple entries permitted, subject to the following: (a) only one (1) Entry permitted per Qualifying Purchase; (b) each Entry must be submitted separately and in accordance with entry requirements; (c) only one (1) Unique Code per Entry is permitted; (d) the same Unique Code cannot be used more than once; (e) unrecognised codes will be deemed invalid and (f) a maximum of two (2) Entries per person per day is permitted (to be validated by email address and any other means determined by the Promoter, acting reasonably).
Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by an Entrant on their entry form will deem their Entry invalid.
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.
Costs associated with accessing the Promotional Website remain an entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
The use of any automated entry software or any mechanical, electronic or other means that allows an entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that entrant invalid.
There will be eight (
draws conducted for this promotion. Entries open for each draw at 12:01am AEST and close for each draw at 11:59pm AEST on the dates specified in the table below. All draws will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 at 11:00am AEST on the dates specified in the table below, in the presence of an independent scrutineer. Un-drawn entries in each draw will be entered into any subsequent draws.
Winners will be notified in writing within two (2) business days of the draw and published at nutella.com/win from the dates specified in the table below.
The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept or declines the prize, the prize will be awarded to the first reserve entry drawn for that draw.
The first two hundred and fifty (250) eligible Entries randomly drawn in each draw will each win one (1) Nutella Recipe Book valued at AUD$50.
All winners will be notified in writing by email within two (2) business days of the relevant draw. All reasonable steps to notify the winners of the results of the draw will be taken by the Promoter.
The Promoter’s decision is final, and no correspondence will be entered into.
Total Prize pool is AUD $100,000.
Prizes are not transferable or exchangeable and cannot be taken as cash.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
The Promoter may conduct a further unclaimed draw (or draws) at the same time and place as the original draws as is necessary on 06/10/2021 in order to distribute any remaining prizes that are won, but unclaimed, subject to any written directions of any regulatory authority. The winners (if any) will be notified in writing by email within two (2) business days of the draw. All reasonable steps to notify a winner of the results of the unclaimed prize draw will be taken by the Promoter. Winners’ names will be published at nutella.com/win from 08/10/2021.
Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that entrant may be ineligible and deemed invalid.
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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
As a condition of entering this promotion, each entrant consents to, in the event they are a winner, the Promoter using the entrant’s name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The entrant agrees that, in the event they are a winner, the entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions of any regulatory authority.
If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions of any regulatory authority.
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.
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) use of a prize.
Any attempt to cause malicious damage or interference with the normal functioning of the Promotional Website, or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an entrant, the entrant agrees to indemnify the Promoter for those losses, damages and costs.
All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
The Promoter collects personal information (“Personal Information”) about entrants to include the entrants in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An entrant also agrees that the Promoter may publish or cause to be published the entrant name and locality in any media, as required under the relevant Australian State or Territory lottery legislation.
The Promoter will provide to each entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties.
In these Conditions of Entry: “Consumer Laws” means Schedule 2 of the Competition and Consumer Act 2010(Cth) in Australia and the applicable consumer law in New Zealand. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) in Australia and the relevant privacy law in New Zealand, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
Promoter: Ferrero Australia (ABN 29 001 249 261) of Level 36,100 Miller Street North Sydney, NSW, 2060; telephone: +61 (02) 9409 8800.
NSW Authority No. TP/00495 ACT Permit No. TP20/01564 SA Permit No. T20/1385