Mars – Participating Stores buy a kingsize Mars product Upload a howzat video – Win The Major Prize (prize valued at $11,000)

Ts&Cs – Mars Golden Wicket 2017 Promotion_6952114_15_V3.docx © 2017 Gadens Lawyers 1
Mars Golden Wicket 2017 Promotion
Terms and Conditions
Who is running the
competition?
The Promoter is Mars Australia Pty Ltd (ABN 48 008 454 313)
trading as Mars Chocolate Australia, Ring Road, Wendouree VIC
3355. Phone: 1800 245 455.
When will the
competition start and
end?
The competition starts at 12.01am (AEDT) on 02/11/17 and ends at
11.59pm (AEDT) on 31/01/18 (the Competition Period).
Who is an Eligible
Entrant?
An Eligible Entrant is an individual who:
(a) is a resident of Australia aged 13 years or older as at the
time of entry; and
(b) is not an employee of the Promoter or any of its related
corporations or any of their agencies associated with this
competition; and
(c) is not a spouse, defacto spouse, parent, child or sibling
(whether full, half, step or by adoption) of such an
employee; and
(d) if selected as a winner of the major prize, is able to take
the India trip between April and May 2018 on dates to be
specified by the Promoter.
An Eligible Entrant who is under 18 years of age must obtain the
permission of a parent or guardian to enter.
Where will the
competition run?
The competition will run in participating petrol & convenience stores
which are stocking Mars products and displaying relevant
promotional material (Stores) in all Australian states and territories.
Do I need to buy
anything to enter?
Yes. During the Competition Period, you need to buy one
Participating Product (from the list below) (Qualifying Purchase)
from a Store.
You must retain a clear copy of your original receipt and the
Participating Product original packaging as proof of a valid
Qualifying Purchase.
Participating Products:
MARS® BAR 72G
SNICKERS® BAR 72G
BOUNTY® BAR 63G
TWIX® 72G
SNICKERS® BUTTERSCOTCH BAR 72G
MARS® SALTED CARAMEL BAR 72G
MARS® VANILLA BAR 72G
MALTESERS® BAR 60G
Entry instructions After you have made a Qualifying Purchase, you must during the
Competition Period:
(a) create a video (in line with the upload requirements
specified on the Website) of you doing a “Howzat” cricket
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wicket appeal (Video); and
(b) visit www.marsgoldenwicket.com.au (Website), upload
your Video as specified and fill out and submit the online
entry form, including by providing requested barcode digits
from the Participating Purchase product and all other
requested information.
Eligible Entrants who complete the steps above will be entered into
the major prize judging and 1 weekly draw, in accordance with the
draw entry periods below.
How many winners will
there be and how will
they be chosen?
Major prize
There will be 1 major prize winner determined. The major prize
element is a game of skill. Chance plays no part in how the major
prize winner will be selected.
At the end of the Competition Period, a judging panel consisting of
representatives of the Promoter (and, for finalists, selected
Melbourne Renegades players) will review each valid Video entry
and will judge the entries based on creativity and originality. The
Eligible Entrant whose Video is judged to be the best will win the
major prize.
All judging decisions are as determined by the Promoter, in their
absolute discretion.
Weekly prizes
There will be 299 weekly prizes awarded; 23 in respect of each
weekly draw. There will be 13 draws conducted; 1 for each
Thursday – Wednesday week of the Competition Period, AEDT, as
follows:
Draw Entry opens Entry closes
1 02/11/17 08/11/17
2 09/11/17 15/11/17
3 16/11/17 22/11/17
4 23/11/17 29/11/17
5 30/11/17 06/12/17
6 07/12/17 13/12/17
7 14/12/17 20/12/17
8 21/12/17 27/12/17
9 28/12/17 03/01/18
10 04/01/18 10/01/18
11 11/01/18 17/01/18
12 18/01/18 24/01/18
13 25/01/18 31/01/18
Draws 1, 2, 3 and 4 will take place at 12pm (AEDT) on 05/12/17,
draws 5, 6, 7, 8 and 9 will take place at 12pm (AEDT) on 10/01/18
and draws 10, 11, 12 and 13 will take place at 12pm (AEDT) on
06/02/18. All draws will take place at Prime Focus, Lvl 1, 500
Chapel St South Yarra VIC 3141.
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The first 23 valid Eligible Entrants drawn randomly in each draw
from the entries received during the relevant entry period will each
win a weekly prize. Weekly prizes will be awarded in descending
order of value.
Entries received in respect of each draw will not roll over to
subsequent draws but will be entered into the major prize element.
For both the major prize and weekly prizes, the Promoter may
determine additional reserve entries (in accordance with the
relevant winner determination set out above) and record them in
order, in case a winning entry/Eligible Entrant is deemed invalid, or
a prize is unclaimed (Reserve Entrants).
What can I win? Major prize
There is 1 major prize available. The major prize is a trip for the
winning Eligible Entrant and a companion to India between April
and May 2018 on dates to be specified by the Promoter to attend
an Indian Premier League match, valued in total at up to $11,000,
depending on the winner’s point of departure. See paragraphs 8 –
16 for further details.
If the major prize winner is under 18 years old on the date the prize
is to be taken, it will be awarded to the winner’s parent or guardian
on the winner’s behalf. Any person aged under 18 years taking the
trip must be accompanied by their parent or guardian as their
companion.
Weekly prizes
There are 299 weekly prizes to be won; 23 in respect of each draw.
In each draw, the 23 prizes available are as follows:
1 x GoPro Hero5 Session Waterproof Action Cameras
valued at $459 RRP;
2 x JBL Flip 3 Portable Black Bluetooth Speakers valued at
$149 RRP each;
3 x Melbourne Renegades On-field Replica Shirts (Large)
valued at $99 RRP each; and
17 x Gray Nicolls Cricket Sets valued at $44.99 RRP each.
The weekly prizes are subject to the prize suppliers’ conditions.
Total prize pool The major prize pool is up to $11,000 RRP.
The total weekly prize pool is $23,644.79 RRP.
The total prize pool is up to $34,644.79 RRP.
How many times can I
enter?
Multiple entries are permitted provided you only enter once per
Participating Product and each entry includes a separate and
different Video. Each entry must be submitted in accordance with
these Terms and Conditions.
How and when will the
winners be informed?
If you win a prize, you will be informed by phone and in writing
within two days of determination (for weekly prize winners) or
during week commencing 12/02/18 (for the major prize winner) and
your name and state/territory of residence will be published on the
Website on 11/12/17, 17/01/18 or 12/02/18 for a period of 28 days.
Winners should allow up to 6 weeks for delivery.
Must I keep anything to
verify my entry?
You must retain a clear copy of your original receipt and the original
packaging of the Participating Product purchased as proof of a valid
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Qualifying Purchase. If you don’t produce the 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. Purchase receipt(s)
must clearly identify the Store of purchase (which must be a
participating Store), the product purchased (which must be a
Participating Product), and the date of purchase (which must be
during the Competition Period before you submitted 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.
If I win, when must I
claim my prize?
If you win the major prize, you must claim your prize by 12pm
(AEDT) on 02/03/18.
If you win a weekly prize, you must claim your prize by 5pm (AEST)
on 07/05/18.
What if I don’t claim my
prize on time?
If the major prize has not been accepted or claimed by 12pm
(AEDT) on 02/03/18, the relevant entry will be discarded and the
Promoter will re-award the major prize to the Eligible Entrant who
submitted the next best valid entry. Any such winner will be
informed in writing and by phone by 06/03/18 and their name and
state/territory of residence will be published on the Website on
12/03/18.
If a weekly prize has not been accepted or claimed by 5pm (AEST)
on 07/05/18, the relevant entry will be discarded and the Promoter
will re-award the relevant prize/s to Reserve Entrant/s and/or carry
out an unclaimed prize draw at 12pm (AEST) on 08/05/18 at the
same location as the original weekly draws to distribute the relevant
prize/s in descending order of value. Any such winner/s will be
informed in writing and by phone by 10/05/18 and will have their
name and state/territory of residence published on the Website on
11/05/18 for a period of 28 days.
Permit numbers Authorised under ACT Permit No. TP17/01679, NSW Permit No.
LTPS/17/17146 and SA Licence No. T17/1577.
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.
Entry
2 Your entry must be received during the Competition Period. Your entry is deemed to be
received only when received by the Promoter’s database. You will receive a return
online message confirming your entry. The Promoter is not liable for any problems with
communications networks or lines, computer systems, software or internet service
providers or congestion on any carrier network. You are responsible for your own costs
associated with entering the competition. If you enter using automatically generated
entries, a competition entry service or multiple aliases you may be disqualified.
3 Your Video entry must be your original work and not copied.
4 The Promoter may copy and amend your Video entry and may use (or allow others to
use) your entry and any rights in relation to your entry, to publicise this competition or for
any other purpose. These rights are perpetual, royalty free, world-wide, irrevocable and
transferable. For example, the Promoter may publish all or any part of your entry or any
amended version of it. The Promoter may also decide not to publish an entry, to cease
publication of an entry, or to publish an edited entry. Use of Videos for any such
purpose is not indicative of your standing in the competition.
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5 You warrant that your Video entry does not breach any third party rights (for example,
intellectual property rights) and its use by the Promoter or any other person will not
breach such rights nor otherwise breach any law (for example, it is not defamatory, in
contempt of court or in breach of any privacy law). Your Video entry must not be
obscene, offensive, malicious, discriminatory, indecent or (in the Promoter’s opinion)
otherwise objectionable or inappropriate (for example it must not include nudity or
language the Promoter deems offensive).
6 You must not include any other person in your Video unless they have consented to you
submitting the Video in this competition. You must not include any person in your Video
who is under the age of 18 years unless you have their parent’s or guardian’s consent
and their parent or guardian appears in the Video with them and, if the person is aged
13 or above, that person’s consent.
7 You must ensure your Video entry does not contain any virus, malware or other
malicious or inappropriate computer code or material.
Major prize
8 If you win the major prize, your prize will be a trip for you and 1 companion to India on
dates to be specified in April-May 2018 and includes:
(a) return economy airfares (including airfare taxes) for you and your companion
from your nearest Australian capital city to New Delhi, India;
(b) return transfers between the airport and the hotel;
(c) 5 nights’ accommodation (twin share) in a minimum five star hotel (as
determined by the Promoter) for you and your companion;
(d) tickets to a specified Indian Premier League cricket match for you and your
companion;
(e) a local village and food tour including cooking class in New Delhi for you and
your companion;
(f) an Agra and the Taj Mahal day trip from New Delhi for you and your companion;
(g) $1,000 spending money for you only; and
(h) $1,500 (in the form of a Prepaid Visa Card) awarded to you to contribute to visa
costs, required vaccinations and travel insurance for you and your companion.
Winners and companions must provide proof of purchase/receipt/certificate to
the Promoter when requested of required visas, vaccinations and travel
insurance. For more information on vaccinations and diseases visit:
http://www.travelvax.com.au/holiday-traveller/vaccination-
requirements/?view=country&origin=3&destinations=India. Winners/companions
are also advised to review all information on the following Australian government
page, including but not limited to safety and security, local travel information,
laws, health information and where to get help:
http://smartraveller.gov.au/Countries/asia/south/Pages/india.aspx.
9 Accommodation, activities and flights are subject to booking and availability. The prize
must be taken on dates to be specified in April-May 2018. You and your companion are
responsible for all other costs related to the major prize, including any meals, additional
transfer costs, insurance (including excesses), and additional taxes. All persons taking
the major prize must depart and return at the same time. All elements of the major prize
are subject to any additional conditions of the supplier/s including any conditions of entry
into the Indian Premier League match (including behaviour requirements and applicable
dress codes). Costs for changes made by you (or your companion) to the prize after it
has been booked must be paid by you and your companion as applicable. Any failure
by you or your companion 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). Indian Premier League tickets can only be used once and will be
deemed invalid if copied. The Promoter does not control entry to the relevant match
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location. You must keep your tickets safe and the Promoter will not replace lost or
stolen tickets. You and your companion must ensure that you have all necessary
documents to travel to India, including a current and valid passport and any visas
required. If a person taking the trip is under 18 years old at the date of departure they
must be accompanied by their parent or guardian at all times.
10 If the major prize winner is under 18 years old on the date the prize is to be taken, it will
be awarded to the winner’s parent or guardian on the winner’s behalf. By accepting or
participating in any prize on behalf of the winner, the winner’s parent or guardian
accepts these Terms and Conditions, and will be known as a winner for the purpose of
these Terms and Conditions.
11 The Promoter accepts no responsibility if the Indian Premier League match is
abandoned, called off or postponed for any reason and you and your companion will not
be given any cash or alternative tickets as a substitute for attending the event. You will
still receive all other components of the prize as long as they are still taken as originally
specified.
12 You accept that some aspects of the major prize may be inherently risky and that the
prize may involve dangerous activities.
13 You and your companion must, if required by the Promoter, sign disclaimer and release
forms provided by the Promoter in favour of the Promoter and other parties before taking
the major prize. If you or your companion do not sign, your entry will be deemed invalid
and you will lose any entitlement to a prize.
14 You are responsible for your companion and the Promoter may disqualify all entries
from, and prohibit further participation in this competition by, you or your companion if
they breach these conditions, whether or not legally bound by them.
15 If you (or your companion), in the opinion of the Promoter, are intoxicated, under the
influence of alcohol or any other drug, behave aggressively or offensively, or behave in
a manner which may diminish the good name or reputation of the Promoter or any of its
related entities or the agencies or companies associated with this competition, is
contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or
restrict you (and your companion) from participating in any elements of the major prize,
at its discretion.
16 By accepting or participating in the major prize, your companion accepts these Terms
and Conditions.
General
17 If you are a winner, you (and your companion, if relevant) agree to take part in all
publicity, photography and other promotional activity as the Promoter reasonably
requires, without any compensation. You (and your companion, if relevant) consent to
the Promoter using your names, voices, images, Videos (or parts of Videos) in any
promotional or advertising activity (including any photograph, film and/or recording of
them) in any media at any time without remuneration for the purpose of promoting this
competition.
18 If you or your entry are deemed by the Promoter to breach these Terms and Conditions,
including if you are the major prize winner and unable to take the India trip between April
and May 2018 on dates to be specified by the Promoter, 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 proof of purchase). Failure by the Promoter to enforce any of its rights at
any stage does not waive those rights.
19 You must not:
(a) tamper with the entry process;
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(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.
20 The Promoter is not liable for entries, prize claims or correspondence that are late,
misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
21 The Promoter’s decision in connection with all aspects of this competition is final. No
correspondence will be entered into.
22 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.
23 By entering, you request that your full address not be published.
24 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.
25 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.
26 If any provision of thee Terms and Conditions is unenforceable for any reason, it will be
severed and the remaining provisions will remain in full force and effect.
Liability
27 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer
rights under any statute including the Competition and Consumer Act 2010 (Cth).
28 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, illness or death suffered in connection with this competition or any prize,
except for any liability which under statute cannot be excluded (in which case that
liability is limited to the greatest extent allowed by law).
29 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 prizes to the extent caused by the acts or omissions of third parties. Prizes
will only be delivered to addresses in Australia.
30 The Promoter may communicate or advertise this competition using Facebook or
Instagram. However, the competition is in no way sponsored, endorsed or administered
by, or associated with, Facebook or Instagram. You provide your information to the
Promoter and not to Facebook or Instagram. You completely release Facebook and
Instagram from any and all liability.
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Collection and use of your personal information
31 The Promoter may collect your (and your companions’, if relevant) personal information
directly or through its agents or contractors. The Promoter will use your (and your
companions’, if relevant) personal information to conduct the competition. If the
Promoter does not collect the personal information as requested in the entry form, you
may not be able to submit a valid entry into this competition. The Promoter may
disclose your (and your companions’, if relevant) personal information to its related
companies, agents and contractors to assist in conducting this competition,
communicating with you (or your companions) or storing data. This may include
disclosures to organisations outside Australia including in places such as Hong Kong,
Singapore and the US. If you have marked the “opt-in” box on the entry form, you
consent to the Promoter keeping your personal information on its database to use for
future marketing purposes, including contacting you by electronic messaging. The
Promoter’s Privacy Policy (see http://www.mars.com/global/policies/privacy/pp-australia-
en) includes information about:
(i) how to seek access to the personal information the Promoter holds about you
and seek correction of the information; and
(ii) how to complain about a privacy breach and how the Promoter will deal with
such a complaint.
32 If you have any questions, please use the online contact form or the other contact
details on the Promoter’s Contact Page.