2The Natural Confectionery Co ‘Win a VIP experience with Emma Snowsill’ Promotion

Conditions of entry

1                 Information on how to enter forms part of these conditions of entry.  Participation in The Natural Confectionery Co ‘Win a VIP experience with Emma Snowsill promotion (the “Promotion”) constitutes acceptance of these conditions of entry.

2                 Entry is open to Australian residents aged 18 years and over who fulfill the entry requirements. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible.  “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, manager, employee, officer or contractor.

3                 The Promotion begins on 28/10/2009 and ends at 11.59pm (AEST) on 28/03/2010 (“Promotion Period”).

4                 To enter, entrants must during the Promotion Period:

(a)        either:

(i)         participate in any of the following events:
(A)       the USM Noosa Triathlon Multi Sport Festival 2009; or
(B)       the USM Mooloolaba Triathlon Festival 2010; or
(C)       the SuperSprint Gatorade Triathlon Series 2009/2010 in Victoria
(together, the “Events”),
and receive an entry flyer with the unique code as part of their race participants’ product show bag; or
(ii)        visit “The Natural Confectionery Co.” Event Zone at any of the Events and receive an entry flyer with the unique code from promotional staff; and

(b)       visit www.tncc.com.au (the “Website”) or, with the assistance of the promotional staff located at the “The Natural Confectionery Co.” Event Zone at any of the Events, access the Website via a computer located at the “The Natural Confectionery Co.” Event Zone, and fully complete the online entry form, including by providing the unique code located on their promotional flyer and by completing the requested personal details.

Entrants are only permitted to enter into this Promotion once. Entrants must retain their original entry flyer featuring their unique code to validate their entry. Any entrant using multiple aliases or emails will be disqualified.

5                 Entries not fully complying with these conditions of entry will be deemed invalid. Sharing unique codes is not allowed. If the Promoter reasonably believes that an entry has been made on this basis, the Promoter will invalidate all entries affected.

6                 Entries must be received by the Promoter during the Promotion Period. The Promoter accepts no responsibility for 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 mobile telephone or internet 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) costs incurred.

7                 All draws will be conducted at Flow Marketing, 103/163 Inkerman Street, St Kilda, Victoria 3182.

8                 Monthly Prize Draw: All entries received by the Promoter during the Promotion Period will be entered into a monthly prize draw (“Monthly Prize Draw”). Winners will be chosen from all entries received to date, excluding previous prize winners. The draws will be conducted in accordance with the following:

 

Draw Date

Time

Publication Date

1

01/12/2009

12.00pm

15/12/2009

2

04/01/2010

12.00pm

18/01/2010

3

01/02/2010

12.00pm

15/02/2010

4

01/03/2010

12.00pm

15/03/2010

5

29/03/2010

12.00pm

12/04/2010

9                 There are 10 minor prizes to be won. The first 2 valid entries randomly drawn at each Monthly Prize Draw will win a monthly prize. The monthly prize is a The Natural Confectionery Co. Triathlon Pack valued at $1,000 (inc GST) (the “Minor Prize”). Each The Natural Confectionery Co. Triathlon Pack includes the following:

·           1 x 2XU Back Pack;

·           1 x Oakley Radar Path Sunglasses;

·           1 x ASICS Gel Noosa Tri runners;

·           1 x Yearly subscription to ‘Australian Triathlete Magazine’;

·           1 x pair of Eyeline Black Max Swim Goggle  

·           1 x Eyeline Australia Flag Latex Cap

·           1 x $80 Gift voucher to be spent on any bra from the Triumph Triaction Sports bra range;

·           2XU The Natural Confectionery Co. Triathlon top and visor; and

·           Range of The Natural Confectionery Co. products.

Total Monthly Prize Pool value: $10,000 (inc GST).

10              Major Prize Draw: All entries received during the Promotion Period will be entered into the major prize draw to be conducted at 12.00pm on 29/03/2010 (“Major Prize Draw”).

The first valid entry randomly drawn in the Major Prize Draw will win the major prize. The major prize includes:

·           a VIP experience with Emma Snowsill at Gold Coast, Queensland – meet one of Australia’s leading triathletes and discuss racing or training plans. The VIP experience will last for 4 hours and you will be able to receive mentoring and training advice and the chance to go for a swim, ride or run;

·           1 x FELT F85 bike;

·           1 x 2XU Elite Endurance Triathlon suite;

·           1 x Sunnto Triathlon Watch pack (including T6C HR watch, memory belt and docking station, road bike pod, Cadence pod and foot pod); and

·           1 x The Natural Confectionery Co. Triathlon Pack (i.e. the Minor Prize).

If the major prize winner is from a state/territory other than Queensland, the major prize winner will also receive:

·           1 x return economy airfare to Coolangatta from the major prize winner’s nearest Australian capital city (carrier selected by the Promoter); and

·           return transfers between the airport and the Gold Coast, Queensland.

If the major prize winner is from Queensland and winner lives more than 250km from Brisbane, Queensland, the major prize winner will also receive:

·           1 x return economy airfare to Coolangatta from the nearest Australian airport serviced by Qantas Airways, Virgin Blue or Jetstar (carrier selected by the Promoter); and

·           return transfers between the airport and the Gold Coast, Queensland.

The major prize is valued at up to $11,399 (inc GST) depending upon the major prize winner’s location of residence. 

The major prize must be booked and completed before 29 March 2011, but cannot be taken during any of the following periods: gazetted school holidays in any Australian state or territory; the Nitro SuperGP – Gold Coast race (or any equivalent race); any state or territory public holidays.

The major prize is subject to booking and availability, and must be taken as specified by the Promoter. The VIP experience with Emma Snowsill must be booked at least 30 days prior to the major prize winners’ departure date. No extension to the major prize dates will be permitted. Any alterations to confirmed major prize details will be at the expense of the relevant major prize winner and will be subject to the prior written approval of the Promoter. The VIP experience will take place at the Gold Coast, Queensland at a location to be specified by the Promoter.

The major prize winner must depart and return using the same air carrier. The major prize winner is responsible for ensuring that they have all necessary documentation to travel, otherwise that major prize winner’s entry will be deemed invalid.

The major prize does not include accommodation. It is expected that the major prize winner will arrive and depart from Coolangatta on the same day. However, should the major prize winner wish to stay for a further period, he/she must obtain the prior written consent of the Promoter. All additional and ancillary costs are the responsibility of the winner as incurred. All spending money, accommodation (if any), meals, taxes, insurance and all other ancillary costs, including any costs associated with transport to and from the departure airport are the responsibility of the major prize winner, as incurred.

11              The total prize pool is valued at AU$21,399 (inc GST).

12              The major prize winner is required to sign an indemnity in a form approved by the Promoter in favour of the Promoter prior to participating in the VIP experience with Emma Snowsill. If they do not sign that indemnity form, they will not be able to participate.

11              All prize winners will be notified by telephone or email.

12              The monthly prize winners’ names and state/territory of residence will be published in The Australian on the dates specified in clause 8.

13              The major prize winner’s name and state/territory of residence will be published in The Australian on 12/04/2010. The Promoter may also publish the name and residence of the winner on its website and in a trade publication.  By entering into this Promotion, each entrant consents to his or her address being published.

14              At the Promoter’s request, all winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of a prize, free of charge, and they consent to the Promoter using their name and image in promotional material.

15              Prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation.  In the event for any reason 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 value of prizes 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 for any reason a prize is not available, the Promoter reserves the right to substitute another item for it, in its sole discretion, of equal or higher value, subject to the approval of the gaming authorities in each state or territory, where relevant. 

16              The Promoter may require a winner to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of compliance with any other eligibility or entry criteria.  Identification considered suitable for verification is at the Promoter’s discretion.

17              If a winning entry is deemed not to comply with the terms and conditions of this Promotion, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry.  The Promoter’s decision is final and no correspondence will be entered into. 

18              If any prize is not claimed within 3 months of the prize draw date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws at noon (AEST) on 12/07/2010 at the same location as the original draw as necessary to distribute a prize, subject to any written directions given by the relevant gaming authorities.  Any winner will be notified in writing and their name and state/territory of residence will be published in The Australian on 02/08/2010. 

19              If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, mobile 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 gaming authorities in each state and territory, where required.

20              The Promoter reserves the right, in its sole discretion, to disqualify all entries from any person, and prohibit that person’s further participation in this Promotion, who tampers with, or benefits from any tampering with, the entry process or the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner, acts with the intent to annoy, abuse, threaten or harass any person, or fails to provide adequate identification to the satisfaction of the Promoter.

21              The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion 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) by any person 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).

22              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 the Promotion results in, for Australian 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.

23              All entries will be the property of the Promoter.  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 its contractors and agents to assist in conducting this Promotion or communicating with entrants and to State and Territory lottery departments and winners’ names may be published as required under the relevant legislation.  The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.  Entrants can request access to the personal information the Promoter holds about them by contacting Consumer Services on 1800 244 054.  The Promoter’s full Privacy Policy is available at www.cadbury.com.au

24              Promoter is Cadbury Pty Ltd (ABN 78 004 551 473), 636 St Kilda Road Melbourne 3004.

25              Authorised in Australia under permit numbers: VIC Permit No. 09/3442.

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