Mondelez Australia – Sour Patch Kids: Sour. Sweet. Win – Win a trip to New York for 2 valued at up to $10,000
Sour Patch Kids: Sour. Sweet. Win. Promotion
Terms and Conditions
Sour Patch Kids: Sour. Sweet. Win.
Mondelez Australia Pty Ltd (ABN 78 004 551 473), Level 10, 75 Dorcas Street, South Melbourne VIC 3205
Who can enter?
You can only enter this promotion if you are:
a) an Australian resident; and
b) aged 18 years or older at the time of entering the promotion.
WHEN AND WHERE WILL THE PROMOTION RUN?
The promotion starts at 9:00am AEDT on October 4th 2017, and ends at 11:59pm AEDT on October 31st 2017. No entries will be accepted after this time.
How to Enter
To enter this promotion, you must, during the Promotion Period:
create a digital photo (JPEG, PNG, BMP are supported, maximum file size 5 MB) showing your best sour or sweet moment;
visit www.soursweetwin.com.au (Website), upload your photo and apply one of the frames available on the Website;
fully complete the online entry form in accordance with the instructions provided on the Website, including by providing your name, e-mail address and any additional details as requested by the Promoter; and
follow the prompts on the Website to submit your entry.
Rules about entry content:
·be the entrant’s own original work, and not include content which infringes the rights of any person;
·not contain content which is obscene, offensive, defamatory, discriminatory, indecent or otherwise objectionable;
·not depict another person unless that person has consented to use of their image in all ways contemplated by this Promotion;
·be suitable for display and publication nationally;
·not directly reference any other third party trademarks, names or logos other than the Promoter’s brands; and
·not contain any copyrighted works (other than works owned by the entrant) and must not contain or refer to any other confectionery or candy brand.
Use of entry content
By entering the Promotion and submitting an entry, the entrant agrees to assign their entry to the Promoter as set out in section 18 of the Conditions of Entry.
What are the Entry Limits?
You can only enter this promotion once during the Promotion Period. You must submit your entry in accordance with these Terms and Conditions.
WINNER DETERMINATION DETAILS
All complete, eligible entries will be judged on originality, applicability (ie sour or sweet), creativity and suitability to the Sour Patch brand.
This is a game of skill. Chance plays no part in determining the winner.
Judging Date: 7th November, 2017
Time: 12:00 pm AEDT
Location: The Promoter’s offices.
Judges: Representatives of the Promoter.
The Judges will judge all complete, eligible entries and the best entry (as determined by the Judges) will win the prize.
The Judges and Promoter’s decisions are final and no correspondence will be entered into.
One winner will receive a trip to New York, United States of America (for 2 adults), comprising:
Return economy flights from the nearest international airport to the winner’s home which services flights to New York, United States of America;
Seven nights’ accommodation in a 5* hotel in New York (standard room, twin share);
Return transfers between the airport in New York and the New York hotel; and
activities while in New York. The winner may choose from a range of activities and available options will be notified to the winner at the time of booking.
The prize is valued at up to $10,000, depending on the winner’s place of residence.
Total Prize Pool
The total prize pool is valued at $10,000 (RRP, including GST).
Prize validity: The prize is valid until 31 December 2018.
All components of the prize must be taken together, or the prize will be forfeited. The prize cannot be exchanged or transferred to another person. No portion of the prize is refundable or redeemable for cash.
Travel: All travel is subject to availability at all times and may be dependent on the availability of select seat classes (in the case of flights) or specific room categories (in the case of accommodation partners). Blackout periods may apply and will be notified to the winner at the time of booking. The winner and their guest must travel together. Once booked, travel dates cannot be changed. Travel dates cannot be extended.
Booking deadline: All bookings must be made a minimum of 60 days prior to departure date. All bookings and documentation regarding the prize must be made via the Promoter’s nominated booking agent.
Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by the booking agent (which will be provided to the winner at the time of awarding the prize), tour providers, accommodation providers, and airline carriers in accordance with normal travel practices.
Travel documents: The winner and their guest must hold a current passport with a minimum of 6 months’ validity from the departure date. The winner and their guest must have valid travel insurance for the duration of their travel. The winner and their guest are responsible to ensure that they have appropriate travel documentation to enable them to enter the United States of America and are solely responsible for the cost of obtaining them (if required).
Ancillary costs: All other costs associated with taking the prize (including meals, beverages, laundry services, spending money, transport to and from departure point, insurance, travel insurance, visas and all other ancillary costs not expressly included in the prize description, as well as the costs of obtaining any of these) are the responsibility of the winner and their guest.
NOTIFICATION OF WINNERS
Notification & Publication of Winners
The winner will be notified by email within 2 business days of determination, and their name published on the Website on or before 21 November 2017.
VERIFICATION & DELIVERY
Entrants and winners may be required to provide proof of identity, proof of age and proof of residency to verify their identity (Proof of Identity). Identification considered suitable for verification is at the Promoter’s discretion.
If an entrant/winner fails to provide Proof of Identity by the time and date stipulated by the Promoter, their entry/prize claim will be deemed invalid at the Promoter’s discretion.
Once an entrant/winner is deemed by the Promoter to have complied with these Terms and Conditions, the Promoter will deliver the relevant prize within 28 days of the winner’s entry being verified and accepted.
The Promoter takes no responsibility for an incorrect address being provided when entering the promotion or during the notification and verification process, and (once dispatched), the Promoter is not liable for any prize that has been lost, stolen, damaged or tampered with in any way.
PRIZE CLAIM DETAILS
Prize Claim Details
The prize must be accepted and claimed by 5pm on 31 January 2018 AEDT. If the prize is not claimed by this date it will be forfeited and no cash or other alternative provided. In such circumstances, the Promoter reserves the right to award the prize to the next best entry, as determined by the Judges.
Terms and Conditions
These Terms and Conditions must be read together with the Schedule for this promotion. The Schedule prevails to the extent of any inconsistency with these Terms and Conditions.
By participating in this promotion, you accept these Terms and Conditions.
You can only enter this promotion if you meet the eligibility requirements set out in the Schedule.
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, of the Participating Stores or of the agencies or organisations associated with this promotion are ineligible to enter. “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, manger, employee, officer or contractor.
By entering this promotion, if requested you agree to declare to the Promoter all past, current or potential conflicts of interest (if any) or any serious social misconduct or behavior that in a normal persons opinion may compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.
The promotion will be conducted during the Promotion Period.
All entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt into the Promoter’s database and not at the time of transmission by the entrant.
You can only submit your entry in accordance with the “How to Enter” section of the Schedule. The Promoter will not accept entries in any other form. Once submitted, you cannot change, alter or delete your entry.
Automated entries and computer generated entries will not be accepted. Entrants who enter using multiple phone numbers, email addresses or aliases will be disqualified.
Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other instructions or guidelines notified by the Promoter during the entry process for the promotion.
You are responsible for all costs associated with entering this promotion, including but not limited to Internet and SMS costs.
If this promotion involves mail entry, you must send each entry in a separate envelope to the address stated in the Schedule.
If the promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST), whether sent during or outside the Promotion Period. You can only enter this promotion if you have a mobile phone that is connected to a service provider that permits text messaging to the promotional SMS number. If unsure, you should check with your service provider before entering this promotion. SMS entries must be submitted from your own mobile phone.
You are required to take full responsibility for the content of your entry and for ensuring that your entry complies with these Terms and Conditions and any other instructions provided by the Promoter. For the purposes of these Terms and Conditions, “entry content” includes any content (including text, photos, videos and email messages) that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.
Your entry must be your own original work. The Promoter reserves the right to verify, or to require you to verify, that your entry is your own original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
Your entry must not:
include any content which may diminish the good name and reputation of the Promoter or its products and brands;
feature any image or voice of any other person without that person’s express consent. You confirm that if such content is included in your entry, you have obtained the express consent of the relevant person/s;
include any content that is in violation of any law or regulation;
be fraudulent, deceptive or misleading in any way;
include any content that infringes the rights of any person;
be obscene, offensive, defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing);
include any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless you are entitled to use such content. If you have any doubts about whether to include any content (for example, recorded music) you must not include it. By including such content in your entry, you warrant to the Promoter that you have the permission of the relevant copyright owner to so and that this permission allows the Promoter to use the entry to publicise the promotion and for any other purpose as set out in these Terms and Conditions; and
feature any third party products, third party trade marks, names, logos or branding.
The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entry at any time.
By entering this promotion, you agree to assign all rights in your entry to the Promoter and you consent to the Promoter (or the agencies/companies associated with the Promoter) using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), in marketing, advertising and promotional materials, on the Promoter’s websites and social media platforms or in any other manner as determined by the Promoter, without payment to you (of royalties, compensation or otherwise) on a perpetual, world-wide and irrevocable basis.
If the Promotion involves a challenge, the challenge will be conducted as specified by the Promoter. Entrants (and other challenge participants, if applicable) must comply with all directions or guidelines notified to them in connection with the challenge. If an entrant or challenge participant is under 18 years of age, they must have written permission from a parent or legal guardian before being able to participate in the challenge.
Unless otherwise specified by the Promoter, entrants and challenge participants are responsible for making their own way to and from the challenge, at their own cost.
All costs associated with participating in the challenge are the responsibility of the challenge participants, as incurred.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram and/or YouTube. By entering, you acknowledge that any information you provide in connection with the promotion is being provided to the Promoter and not to Facebook, Instagram and/or YouTube. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter. By entering, you release Facebook, Instagram and YouTube from all liability arising in respect of the Promotion.
Determining and notifying winners
Winners will be determined, notified and published as set out in the Schedule.
The Promoter and the companies and agencies associated with this promotion may also publish the name and state/territory of residence for winners on their websites, social media platforms and in trade publications. By entering this promotion, each entrant consents to this and requests that his or her full address not be published.
The prize(s) are as specified in the Schedule. The prize(s) are subject to any additional terms and conditions as specified in the Schedule.
Prizes will be delivered to the address provided by the winner at the time of entry or completing the verification process (whichever is most recent).
Once dispatched and awarded to a winner, the Promoter is not be liable for any prize that has been lost, stolen, damaged, defaced or tampered with in any way.
If a prize is or includes gift cards/vouchers, the gift cards/vouchers are subject to any terms and conditions imposed by the gift card/voucher provider, including period of validity and treatment of unused balances.
If a prize is or includes tickets, the tickets are only valid for the date or period specified on the tickets or by the ticket provider, and are subject to any terms and conditions imposed by the ticket provider including but not limited to any conditions of entry into the relevant event location. You (and any companion/s if applicable) must make your own way to and from the relevant event location at your own cost. Any additional costs incurred in relation to using the tickets, including but not limited to any food/beverage costs or transfer costs are the responsibility of you and any companion/s, if applicable.
If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize and travel may be restricted during major event/peak/pubic holiday or other exclusion periods as specified by the Promoter or prize supplier. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter as set out in the Schedule to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant prize providers. All costs associated with a travel prize which are not expressly stated in the Schedule as being included, including spending money, passport and visa costs, transfer costs, meals, taxes, insurance (including excesses), luggage costs and all other ancillary costs, are the responsibility of the winner and any travelling companion(s) as incurred. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance and documents to travel to the relevant location(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner and any travelling companion(s) as incurred. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize.
If the prize is or includes cash/spending money, it will be awarded as determined and confirmed by the Promoter, either in the form of a cheque or by an EFT transfer to the winner’s nominated bank account.
If the prize includes meeting a celebrity, the Promoter will not be liable in any way if that person fails to attend the relevant event on the date and time specified.
If the one of the people taking or participating in a prize is under 18 years of age, a parent or legal guardian of the winner must be present for the duration of the prize, as one of the participants. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines notified to them by the Promoter or their chaperone.
Prizes must be claimed in accordance with the Prize Claim Details section of the Schedule.
If a prize is not accepted or claimed in accordance with the Prize Claim Details, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the relevant unclaimed prize in accordance with the details specified in the Schedule, subject to any directions given by any relevant gaming authority. Winners of unclaimed prizes will be notified and published in accordance with the details set out in the Schedule.
Instant win promotions
If this promotion involves instant win tickets, such as specially marked product wrappers or scratch/game cards, winners must present their original winning instant win ticket/wrapper/scratch or game card to be eligible to claim a prize.
The Promoter is not responsible for late, lost, destroyed, altered, damaged or defaced tickets/wrappers/scratch or game cards. Bona fide tickets may incorporate security and/or verification measures to guard against fraud. The Promoter and the suppliers of prizes may conduct security and/or verification checks in their absolute discretion to determine whether a ticket is bona fide.
A ticket/wrapper/scratch or game card is void if stolen, forged, mutilated or tampered with in any way or if it or any part of it fails any of the security or verification checks.
Printing errors and other quality control errors will not be used as the sole basis for refusing otherwise valid instant win prize claims. If the advertised instant win prize pool is exceeded, all valid claims for prizes will be met.
The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any 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 telephone 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) any costs incurred.
The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, prohibit further participation by an entrant or winner in this promotion, or invalidate a provisional winner if the entrant/winner:
fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter’s satisfaction;
tampers with or benefits from any tampering with the entry process or the operation of the Promotion (including where entrants share their Proof of Purchase to enter the Promotion or where entrants use multiple names, addresses or aliases to register multiple entries);
submits an entry which in the Promoter’s opinion is not in accordance with these Terms and Conditions;
acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading or deceptive;
or engages in conduct which may, in the opinion of the Promoter, compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.
Entrants and winners must comply with the details set out in the Verification Requirements section of the Schedule as part of the entry verification or prize claim process. Failure to comply with the Verification Requirements to the Promoter’s satisfaction will result in your entry and/or prize claim being declared invalid (and, at the Promoter’s discretion, in all of your entries/prize claims being declared invalid).
All entries will be the property of the Promoter and will not be returned.
Prizes are not transferable, exchangeable for any other item and cannot be redeemed for cash or any other form of compensation (unless cash is specified). The value of each prize is accurate as at the time of preparation of this material, is the RRP value and is inclusive of GST. The Promoter accepts no responsibility for any variation in the value of a prize after that time. If a prize (or element of a prize, where applicable) is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the any relevant gaming authorities as required.
If a winner (or a companion, as applicable) 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 their companion(s) as applicable and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.
If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.
If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material, on the Promoter’s websites, social media platforms and in trade publications.
If for any reason any aspect of this promotion does not or is not capable of running as planned, including by reason of infection by computer virus, 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 relevant gaming authorities, if required.
The Promoter’s decisions in connection with the promotion are final and no correspondence will be entered into.
Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the promotion or accepting the prize may involve participating in dangerous activities. By entering this promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
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) 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).
Prizes will only be delivered to addresses in Australia/New Zealand, as applicable. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
The Promoter may at its absolute discretion prohibit an entrant’s participation in this promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
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 this Promotion results in, for 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.