MARS Community Cup – Purchase 2 participating products & – Win Prize Is Awarded (prize valued at $5,000)

Ts&Cs – Mars Community Cup 2019 Promotion_9371161_15[3] (1).docx
© 2018 Gadens Lawyers 1
MARS Community Cup 2019 Promotion
Terms and Conditions
Promoter Mars Australia Pty Ltd (ABN 48 008 454 313), trading as Mars Chocolate Australia, of Ring
Road, Wendouree VIC 3355.
Entry is open during 2 separate entry periods, as follows:
Entry Period 1: entry is open from 9am (AEDT) on 27/02/2019 to 5pm (AEDT) on
26/03/2019; and
Entry Period 2: entry is open from 9am (AEDT) on 11/09/2019 to 5pm (AEST) on
(each an Entry Period and together, the Competition Period).
Who can enter? Only Australian residents who:
(a) are aged 13 or over.
If you are under 18, you must get approval from your parent/guardian before you enter and if
you will be under 18 on the date an instant win prize is awarded, it will be awarded to your
parent or guardian. By approving your participation or by accepting any prize on your behalf,
your parent or guardian accepts these conditions.
Who can’t enter? Directors, officers, management and employees (and their immediate families) of:
(a) the Promoter; and
(b) the agencies, companies or participating premises associated with this
Where will the
competition run?
The competition will run in participating Supa IGA, IGA, IGA Express, Foodland, Foodworks,
Drakes or IGA Plus Liquor stores (excluding online) (Stores) in all Australian States and
Entrants must purchase 2 or more of the following products, in one transaction, from a
participating Store:
MARS Bar 53g
MARS Bar 2pak 72g
MALTESERS Teaser bar 35g
BOUNTY Bar 57g
BOUNTY Bar 56g
BOUNTY Bar Trio 85.5g
BOUNTY Bar Trio 84.5g
BOUNTY Funsize Bag 164g
SNICKERS Bar 2pak 72g
SNICKERS Funsize Bag 216g
SNICKERS Funsize Bag 360g
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MILKY WAY Funsize Bag 216g
MILKY WAY Funsize Bag 336g
TWIX Bar 50g
TWIX Bar 2 Pack 72g
TWIX Funsize 174g
M&M’s Bar 46g
M&M’s Milk 49g Bag
M&M’s Peanut 46g Bag
M&M’s Caramel Bag 40g
M&M’s Crispy Bar 44g
M&M’s Minis Tube 35g
M&M’s Funsize 162g
MARS Bar Caramel Mudcake 48g
MARS Bar Caramel Mudcake 66g
Club Nomination You must have previously received the express consent of the club you wish to nominate
and its authorised representative to provide the personal information required under these
Conditions. If you fail to obtain such consent, or if the consent has been withdrawn, the entry
will be invalid and your entry may be disqualified.
An eligible sports club means any non-professional sporting club located in Australia
excluding any shooting, fighting or similar club. The Promoter reserves the right to preclude
a club from being a nominated club at its absolute discretion. (Sporting Club)
For the avoidance of doubt, a Sporting Club may be nominated by more than one Eligible
To enter, you must, during the Competition Period after making a Qualifying Purchase and
collecting your itemised purchase receipt, visit the Website, locate the entry page and fill out
and submit the online entry form, including by nominating the Sporting Club which you
believe deserves to win the major prize, and providing all other requested information to see
if you have provisionally won an instant win prize and what instant win prize you have
provisionally won.
Your purchase receipt must clearly identify where the Qualifying Purchase was made, the
product purchased (which must be/comprise a Qualifying Purchase) and the date of
purchase (which must be during the relevant Entry Period before you submitted your entry).
How are instant
win prizes
There are 7 instant win prizes to be awarded based on pre-determined times in each
Wednesday to Tuesday week of each Entry Period, selected by a computerised random
system at Prime Focus, Level 1, 500 Chapel Street, South Yarra VIC 3141.
You will get a return online message acknowledging your entry and informing you if you
have provisionally won a prize and if so, details on how to verify your entry and claim your
How many
winners will there
be and how will
they be chosen?
There will be up to 64 winners determined in respect of this competition – 56 instant winners
and 8 major winners.
There will be 2 major draws conducted, 1 in respect of each Entry Period. Each major draw
will take place at Gadens Lawyers, Level 25, 600 Bourke Street, Melbourne VIC 3000 as
Entry Period 1: 12pm (AEDT) on 28/03/2019.
Entry Period 2: 12pm (AEDT) on 10/10/2019.
The first 4 valid entries drawn randomly in each draw from the entries received during the
relevant Entry Period will win a major prize.
The Promoter may draw additional reserve entries in a draw and record them in order, in
case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants).
What can I win? There are 64 prizes available – 56 instant win prizes and 8 major prizes.
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Instant win prizes
Each instant win prize is a $150 Rebel Voucher, with 7 available for each Wednesday to
Tuesday week of each Entry Period.
Major prizes
There are eight major prizes, four per Entry Period.
Each major prize is to be won by the winner for the benefit of their nominated sports club.
The winner will have no legal or beneficial right to the major prize. The nominated club of
the winners of the major prize will receive, subject to these conditions, a Kit Out Your Club
package, valued at up to $5,000, and includes:
a $2,000 Rebel voucher;
a $2,000 Bunnings voucher; and
a $1,000 EFTPOS card.
There is a limit of 1 prize per nominated club per Entry Period. In the event a nominated
club is drawn twice in the same Entry Period, the promoter will contact the second drawn
winning entrant who nominated the club and request them to nominate a second club within
5 days. If the entrant fails to nominate another club, their entry will be deemed invalid and
the prize will be re-awarded in the unclaimed prize draw.
Total prize pool The instant win prize pool is $8,400.
The major prize pool is up to $40,000.
The total prize pool is up to $48,400.
How many times
can I enter?
You can enter up to 2 times per day, provided that each entry is based on a separate
Qualifying Purchase and separate Qualifying Purchase transaction. A receipt showing a
Qualifying Purchase can only be used to make 1 entry, regardless of how many Qualifying
Purchases are shown on that receipt. Each entry must be submitted separately in
accordance with these Terms and Conditions.
How and when
will the winners
be informed?
Instant winners will be notified in writing, to the email address used upon entry within two
days of determination. This notification will include instructions as to how the winner is to
claim the prize and establish their entitlement to it.
Major winner/s and their nominated Sporting Club will be notified:
by phone; and
in writing, to the email address used upon entry
within two days of determination.
Winners of the major prizes in Entry Period 1 will have their name and state/territory of
residence published on the Website on 02/04/2019 for a period of 28 days.
Winners of the major prizes in Entry Period 2 will have their name and state/territory of
residence published on the Website on 14/10/2019 for a period of 28 days.
Proof of
You must keep the following as proof of purchase for all entries:
original itemised purchase receipt(s).
If you don’t produce the above proof of purchase for all entries when asked the Promoter
may disqualify all of your entries and you will lose any right to a prize. Proof of purchase
must be identical to that provided by you with your entry. If, in the Promoter’s opinion, you
have shared any proof of purchase with another person, your entries will be invalid and you
will lose any right to a prize.
Unclaimed and
un-won prize/s
Prize claim date: All prizes must be claimed by 5pm on 12/01/2020.
Unclaimed and un-won instant win and major prize determination: A re-draw for
unclaimed/un-won instant win and major prizes (as relevant) will take place at 12pm (AEST)
on 13/01/2020 at the same location as the original major prize draws. If any prize is un-won
during either Entry Period or has not been accepted or claimed by the prize claim date
above or if, after making all reasonable attempts, the Promoter can’t contact a winner (or a
winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies
will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s
and/or carry out unclaimed and un-won instant win and major prize draws for each Entry
Period (as relevant) at the date, time and place stated above to randomly distribute the
prize/s for each Entry Period in descending order of value . All entries received during each
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Entry Period will be combined for the purposes of these draws (including any previous
winning entries).
Any instant win prize winner/s will be informed in writing, to the email address used upon
entry within two days of determination.
Any major winner/s and their nominated Sporting Club will be notified:
by phone; and
in writing, to the email address used upon entry
within two days of determination and have their name and state/territory of residence
published on the Website on 15/01/2020 for a period of 28 days.
Collection and
use of your
If you are a winner, you and (if applicable) your nominated Sporting Club must take part in
all publicity, photography and other promotional activity as the Promoter requires, without
any compensation. You/your nominated Sporting Club consent to the Promoter using your
name/s and image/s in any promotional or advertising activity.
The Promoter (Mars, we, us or our) collects your personal information via this entry form
when you submit an entry to this Consumer Competition.
We collect this personal information for the purposes of your entry into the Promotion. If you
have marked the “opt-in” box on the entry form, you consent to us keeping your personal
information on our database to use for future marketing purposes, including contacting you
by electronic messaging. We may also use the personal information you give us to provide
prizes, for consumer care and research purposes, and for other purposes, as described in
our privacy policy.
If we do not collect the personal information you have provided in the entry form, you may
not be able to submit a valid entry into the Promotion and may not be able to receive
communications about our brands, products and services which may be of interest to you.
We may disclose your personal information to our family of companies and to our vendors or
service providers. We require these companies to comply with the Australian privacy laws
that apply to your personal information.
Our privacy policy at contains
information about:
how you may access the personal information that is held by us and seek
correction of such information; and
how you may complain about a breach of the Australian Privacy Principles, or a
registered privacy code that binds us, and how we will deal with such a complaint.
If you need to contact us, or have any questions, please use the online contact form or the
other contact details on our Contact Page at
Permit numbers Authorised under:
ACT Permit No. TP18/01984
SA Licence No. T18/1804
NSW Permit No. LTPS/18/29148
1 These Terms and Conditions incorporate and must be read together with the details outlined in the table
above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering,
you accept these Terms and Conditions.
2 Your entry must be received during the Entry Periods and will be deemed to be received only when received
by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter’s
discretion (unless the product is defective). You will receive a return message confirming your entry and
whether you have provisionally won a prize. The Promoter is not liable for any problems with
communications networks. You are responsible for your own costs associated with entering. If you enter
using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you
may be disqualified.
3 Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter,
including validity period/s.
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4 Any failure by you to comply with the conditions imposed by the prize supplier(s) may result in the prize
being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
5 You must, if required by the Promoter, agree to and sign and return an eligibility form confirming their
compliance with the Conditions and eligibility to accept a prize. You will forfeit your prize if you fail to ensure
that all documents relating to the prize are signed and returned in accordance with this condition, as and
when required by the Promoter.
6 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at
the Promoter’s discretion, all of your entries) may be discarded. The Promoter may, at any time, require you
to produce documentation to establish to the Promoter’s satisfaction the validity of your entries (including
documentation establishing your identity, age, place of residence and place of employment). Failure by the
Promoter to enforce any of its rights at any stage does not waive those rights.
7 You and your nominated Sporting Club must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related
entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
8 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected,
delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward
entry forms for inclusion in the draw, where relevant.
9 The Promoter’s decision in connection with all aspects of this competition is final.
10 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without
limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as
and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of
preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible
for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason
the Promoter may provide another item of equal or higher value, subject to any necessary approval by the
state/territory gaming authorities.
11 By entering, you request that your full address not be published.
12 Printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid
prize claim. Every instant win prize claim in excess of the advertised prize pool will be honoured, unless the
claim is rejected due to fraud or ineligibility under these Terms and Conditions.
13 If this competition cannot run as planned for any reason beyond the Promoter’s control, for example due to
software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical
failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected
entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
14 The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek
independent financial advice. If for GST purposes this competition results in any supply being made for non-
monetary consideration, you must 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.
15 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute
including the Competition and Consumer Act 2010 (Cth).
16 Subject to the previous paragraph, the Promoter and the agencies and companies associated with this
competition are not liable (including in negligence) for any loss (including indirect, special or consequential
loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other
reactions, as relevant), illness or death suffered in connection with this competition or any prize, except to
the extent any loss, damage or injury is due to the negligence, fraud or wilful misconduct of the Promoter,
and except for any liability which under statute cannot be excluded (in which case that liability is limited to
the greatest extent allowed by law).
17 Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this
competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that
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occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to
addresses in Australia.
18 This competition is in no way sponsored, endorsed or administered by, or associated with any social media
platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not
to any social media platform. You completely release any relevant social media platforms from any and all