TERMS AND CONDITIONS:
Schedule to Conditions of Entry
‘Avatar 2’ Promotion (“The Promotion”)
The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138.
Authorised under permit numbers NSW Authority Number TP/01946, ACT Permit No. TP 22/01109 and SA Permit No. T22/873.www.nestle-cereals.com/au/avatarmovie
The Promotion starts at 12:01am AEST on 31 October 2022 and closes at 11:59pm AEST on 21 December 2022.
Subject to Clause 3 of the Conditions of Entry, entry is open to residents of Australia who are aged 18 years or over (“Eligible Entrant”).
A Participating Product is a specially marked ‘Avatar 2’ promotional pack of any of the following:
1. UNCLE TOBYS CHEERIOS Low Sugar 510g
2. UNCLE TOBYS CHEERIOS Honey 570g
3. UNCLE TOBYS CHEERIOS Multigrain 580g
4. MILO CEREAL Protein 600g
5. MILO DUO Cereal 340g
6. MILO DUO Cereal 660g
7. MILO Cereal 350g
8. MILO Cereal 700g
9. UNCLE TOBYS PLUS Antioxidant 765g
10. UNCLE TOBYS PLUS Fibre 765g
11. UNCLE TOBYS PLUS Immunity 690g
12. UNCLE TOBYS PLUS Iron 710g
13. UNCLE TOBYS PLUS Muesli Flakes 820g
14. UNCLE TOBYS PLUS Protein 705g
To enter, Eligible Entrants must:
(i) Purchase a specially marked Participating Product from the list above, from a Participating Retailer. A Participating Retailer is any retailer in Australia (including online) that stocks the specially marked Participating Product(s) and displays material advertising this Promotion;
(ii) During the Promotional Period, go to www.nestle-cereals.com/au/avatarmovie
and follow the prompts to the ‘Avatar 2’ Promotion entry page;
(iii) Complete the entry form including (but not limited to) their name, email address, phone number, receipt number and upload a copy of their itemised purchase receipt (retain original receipt and product packaging*);
(iv) Click on “submit” to finalise their entry. Entries must be submitted before the close of the Promotional Period.
Upon submitting their online entry, Eligible Entrants will be immediately notified via an onscreen message if they have provisionally won an Instant Win Prize. If an Eligible Entrant is deemed a provisional Instant Prize Winner, they will receive an email relating to the prize. If they have not won an Instant Win Prize the entrant will be notified via an onscreen message, and they will not receive an e-mail. All non-winning Instant Win Prize entries will be automatically placed in a Second Chance Draw
*Note: All Instant Prize Winners are deemed provisional prize winners and may be subject to verification before being awarded a Prize. Eligible Entrants must retain original itemised purchase receipt(s) as proof of purchase. Purchase receipt(s) must clearly specify the store/online store of purchase and that the product(s) purchased are specially marked Participating Product(s). Eligible Entrants must also retain the packaging of specially marked Participating Product(s).
Maximum entries permitted
Multiple entries are permitted, however:
(1) There is a limit of one (1) entry per transaction (regardless of the number of specially marked Participating Products purchased in the same transaction); and
(2) Must be submitted separately and must independently comply with these Terms and Conditions.
Note: Eligible Entrants can only win a maximum of one (1) Instant Win Prize (except for SA residents).
There are 1,201 Instant Win prizes available to be won in this Promotion. All Instant Win prizes are randomly awarded using the InstantWinApi random computerised drawing system housed at Trade Promotions and Lotteries Pty Ltd, Level 2, 11 York St, Sydney NSW 2000. The Promoter will conduct a draw prior to the commencement of the Promotional Period (at 12.00pm AEST on 24 October 2022), where it will identify 1,201 Winning Moments throughout the Promotional Period. The first valid entry received on or after a pre-determined Winning Moment will be deemed a provisional Instant Prize Winner subject to verification. SA draw approval number 1291.
Instant Win prize draws: Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.
There are 1,201 Instant Win prizes available to be won in this Promotion as follows:
Instant Win Prize A
Instant Win Prize A will consist of:
- 1 x monetary prize of $20,000 transferred to the winners nominated bank account or awarded via cheque.
The Major Prize Winner has the flexibility to choose how they would like to use the funds - and may choose to use the funds towards organising their own Eco-Resort Family Holiday at the location and timing of their choice.
Instant Win Prize B
Instant Win Prize B will consist of:
1 x Adult Double Movie Pass (cinema chain selected by Promoter).
Up to $42
Value of Prize Pool
Up to $70,400
Conditions of prize
As per conditions of entry.
Instant Win Prize A
Prizes are not transferable. The prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.
Instant Win Prize B
Subject to the conditions found on voucher.
Instant Prize Winner Notification
Instant Prize Winners will be notified immediately on screen via the competition website. They will also receive an email to their registered email address within two (2) business days of being determined an Instant Prize Winner.
Instant Prize Winner Publication Details
The first name and suburb of the Instant Prize Winners will be published on www.nestle.com.au/productnews/winners
by 5.00pm AEDT on 9 January 2023.
Second Chance Draw
All un-won Instant Win prizes from the advertised prize pool will be automatically placed in a Second Chance Draw which will take place at Unit 6, 43 Herbert Street Artarmon NSW at 12.00pm AEDT on 13 January 2023. The draw is electronic and winner(s) will be selected at random. SA draw approval number 1224. The winner(s) will be notified by email and their first name and suburb will be published www.nestle.com.au/productnews/winners
on the same date
Instant Prize Claim Date
All Instant Win prizes must be claimed by 5.00pm AEST on 14 April 2023 by responding to the Instant Prize Winner Notification. If the prize is not claimed by the Instant Prize Claim Date, the prize will be forfeited and the Promoter may determine an alternative winner via an unclaimed prize draw.
Unclaimed Prize Draw
In the event that the prize is won but remains unclaimed by the Instant Prize Claim Date, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the promotion to distribute unclaimed prizes at Unit 6, 43 Herbert Street Artarmon NSW at 12.00pm AEDT on 19 April 2023. The draw is electronic and winner/s will be selected at random. SA draw approval number 1224. Winners will be notified via email and have their details published at www.nestle.com.au/productnews/winners
on the same date.
Conditions of Entry
1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.
2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.
3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.
5. Entry by SMS: Should the Promotion require an SMS entry, the cost of sending a text entry is the responsibility of the entrant and will vary depending on the mobile network used. Total cost of text entry made within Australia will not exceed 60 cents including GST, whether sent during the Promotional Period or not. Entrants may need to consult their mobile phone provider prior to entering the Promotion.
6. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.
7. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value. The name of any prize winner will be published on the internet at nestle.com.au/productnews/winners
8. Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
9. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.
10. Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.
11. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. The Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.
12. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.
14. Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.
15. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.
16. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.
17. Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.
18. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.
19. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.
20. Australian Consumer Law: The winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
21. Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.
22. Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion.
23. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
24. Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.
25. Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.
26. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.
27. Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
28. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.
29. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.
30. Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.
31. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.