Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

 

 

Schedule to Conditions of Entry

 

 

Promotion Name


DC Superhero Promotion Win a Family Trip to the Warner Bros. Movie World on the Gold Coast (“The Promotion”)

 

 

Promoter

 

 

The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138.

 

 

Permit Numbers

 

Authorised under permit numbers NSW Authority Number TP/02716, ACT Permit No.
TP 22/01070 and SA Permit No. T22/830.

 

Website

 

https://www.nestle-cereals.com/au/dc

 

Promotional Period

 

The Promotion starts at 12:01am AEDT on 27 December 2023 and closes at 11:59pm AEDT on 6 March 2024.

 

 

Entry Restrictions

 

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”).

              

 

Participating Product(s)

 

 

A Participating Product is a specially marked ‘DC Superhero’ promotional pack of any of the following:

1.      UNCLE TOBYS® CHEERIOS® Honey 520g

2.      UNCLE TOBYS® CHEERIOS® Multigrain 560g

3.      MILO® Cereal Protein 535g

4.      MILO® Duo Cereal 340g

5.      MILO® Duo Cereal 580g

6.      MILO® Cereal 350g

7.      MILO® Cereal 620g

 

 

Entry Method

 

 

 

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 https://www.nestle-cereals.com/au/dc  and follow the prompts to the ‘DC Superhero’ Promotion entry page;

(iii)    Complete the entry form including (but not limited to) their name, email address, phone number, postal address, receipt number and upload an image of their itemised purchase receipt*;

(iv)    Click on “submit” to finalise their entry into the Major Prize Draw. Entries must be submitted before the close of the Promotional Period.

(v)    In addition, upon submitting an 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. All entries will automatically be entered into the Major Prize Draw.
 

 

*Note: All Instant and Major 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) and packaging of specially marked Participating Product(s) as proof of purchase. Purchase receipt(s) must clearly specify date of purchase, receipt or invoice number, the store/online store of purchase and that the product(s) purchased are 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).

 

 

Draw Details

 

Instant Win Prizes:


There are four hundred (400) Instant Win Prizes to be won during the Promotional Period. The Promoter will conduct a draw prior to the commencement of the Promotional Period (at 12.00pm AEDT on 20 December 2023) at XPO Brands, 43 Herbert Street, Artarmon using a computerised program which will randomly allocate four hundred (400) ‘winning moments’ between the start and end of 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. 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.

 

 

Major Prize Draw:

All entries will be automatically entered into the Major Prize Draw. The Promoter’s agency, XPO Brands, will conduct the Major Prize Draw. The electronic Draw will take place at XPO Brands, 43 Herbert Street, Artarmon, New South Wales 2064 at 12:00pm AEDT on 8 March 2024. The first (1) valid entry drawn will be deemed a Major Prize Winner and will win a Major Prize.

 

Prize

 

There are 401 prizes available to be won in this Promotion as follows:

 

Type No. Available Details

Value

 
Major Prize One (1)

The Major Prize will consist of a family trip (2 adults and 2 children) to Warner Bros Movie World Theme Park, Gold Coast, Australia. 

 

Inclusions:

-    Two (2) nights’ accommodation at 4-star hotel, Sea World Resort, Main Beach, Gold Coast, QLD. Deluxe Queen Room for 4 people (2 adults, 2 children) with breakfast package included (hot plated breakfast daily);
-    Return economy class airfares for two (2) adults and two (2) children from winners nearest Australian city (dependent on winner’s location)* to the Gold Coast, QLD;
-    All airline and airport taxes;
-    Return private transfers from Gold Coast airport to accommodation;
-    Return private transfers from accommodation to Warner Bros Movie World;
-    Family entry pass to Warner Bros Movie World for 2 days.

*The airfare component of this prize will not be provided to winners who reside in the Gold Coast, and in the event the prize does not include airfares, the airfare component will not be redeemable for cash.

 Up to $8,520
Instant Win Prize Four hundred (400)

Instant Win Prize B will consist of:

1 x $150 DC Merchandise Voucher

 

 $150 each

 

Value of Prize Pool

 

Total Instant Win prize pool $60,000

Total Major Prize Draw prize pool $8,520

Value of total prize pool $68,520

 

Conditions of prize

 

As per conditions of entry. Prizes are not transferable & cannot be converted to cash.

 

Major Prize conditions: As per conditions of entry. 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 winners. 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

 

Instant Win Prize conditions:

Subject to conditions and validity period found on the voucher itself. Voucher is redeemable on https://shop.themeparks.com.au/collections/dc-comics-range and can only be used towards Warner Bros. Movie World DC Comics merchandise products. Voucher must be used in a single transaction. Free shipping on all orders $110 & over Australia wide. For full terms and conditions visit the link contained within the voucher.

 

 

Prize Winner Notification

 

Instant Prize Winners:
Instant Prize Winners will be notified immediately that they are a provisional winner (subject to verification) on screen via the promotion website and via email. They will also receive an email to their registered email address within five (5) business days of being determined an Instant Prize Winner.
Major Prize Winners:
Major Prize Winners will be notified in writing by 5.00pm AEDT on 13 March 2024.
 

 

Second Chance Draw (for Instant Win Prizes only)

 

All un-won Instant Win prizes from the advertised prize pool or where an entry is deemed invalid, or otherwise forfeited, a Second Chance Draw which will take place at XPO Brands, 43 Herbert Street, Artarmon New South Wales 2064, Sydney, Australia at 10:00am AEDT on 13 March 2024. The draw is electronic and winner(s) will be selected at random. The winner(s) will be notified by email within five (5) business days.

 

Prize Winner Publication Details

 

The first name and suburb of all Prize Winners will be published on www.nestle.com.au/productnews/winners by 5.00pm AEDT on 20 March 2024.

 

 

Prize Claim Date

 

All Major and Instant Prizes must be claimed by 11.59pm AEST on 20 June 2024 by responding to the Prize Winner Notification. If the prize is not claimed by the 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 Major and/or Instant Prizes are not claimed by the Prize Claim date, or is otherwise forfeited, the Promoter’s agency will conduct an unclaimed prize draw to determine prize winners at XPO Brands, 43 Herbert Street, Artarmon New South Wales 2064, Sydney, Australia at 10.00am AEST on 26 June 2024. The draw is electronic and winner(s) will be selected at random. The winner will be notified in writing within five (5) business days and their name will be 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. 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.
  6. 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
  7. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency and that the entrant meets all entry requirements. Where the Promotion requires the purchase of a product(s), the Promoter may 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.  
  8. Monetary Prizes: If money is offered as a prize, the prize may be awarded by way of cheque, EFTPOS card or by transfer to a nominated bank account. If the prize is to be delivered by bank transfer, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. 
  9. 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. To the extent permitted at law, 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. 
  10. 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. 
  11. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.
  12. 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.
  13. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.
  14. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.
  15. 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.
  16. 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. 
  17. 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.
  18. Tampering: The Promoter may 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 in future promotions of the Promoter.
  19. 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 reasonable control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter may (subject to any written direction given by a relevant Regulatory Authority), 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, related to participation or sending or receiving of any communication or of any materials in this Promotion.
  20. Publicity: If a winner agrees to participate in follow-up interviews and publicity then the Promoter may use their name, image, photograph/s, film and sound recordings for publicity and promotion purposes, without compensation, and the Promoter will own copyright in any such images, photograph/s, film and sound recordings and in all material incorporating the same.
  21. Entry Content: The Promoter may adapt and use any entry content 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.
  22. 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.  
  23. Liability: To the extent permitted by law: (a) the Promoter’s only liability is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded, and all other guarantees, warranties and conditions are excluded; and (b) the Promoter will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit or loss of opportunity.
  24. Australian Consumer Law: 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.
  25. 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 or misleading and deceptive conduct. 
  26. 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. 
  27. Promoters Decisions: All decisions are at the discretion of the Promoter (acting reasonably) and are final. No correspondence will be entered into.
  28. 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 X (formerly known as Twitter) from any and all liability relating to the Promotion (this release is a requirement of the operators of Facebook, Instagram and X (formerly known as Twitter)).   
  29. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.com.au or calling 1800 025 361.