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Ts&Cs – M&Ms Take Home The Fun Promotion_10139072_18[5][1].DOCX
© 2019 Gadens Lawyers 1
M&Ms Take Home The Fun Promotion
Terms and Conditions
Promoter Mars Australia Pty Ltd trading as Mars Wrigley Confectionery (ABN 48 008 454 313),
Ring Road, Wendouree VIC 3355.
Competition
Period
09.00am (AEST) on 10/07/2019 to 11.59pm (AEST) on 03/08/2019
Who can enter? Only Australian residents who 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 the 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
competition.
Where will the
competition run?
The competition will run in participating Woolworths Supermarkets and Woolworths Metro
Stores (excluding Woolworths petrol) (Stores) , including www.woolworths.com.au in
Australia.
Qualifying
Purchase
1 pack of M&M’s (from the list below) from a Store .
M&M’S Peanut 180g
M&M’S Milk 180g
M&M’S Crispy 145g
M&M’S Minis 145g
M&M’S Caramel 130g
M&Ms Tropical 160g
M&M’S Peanut 345g
M&M’S Milk 345g
M&M’S Crispy 305g
M&M’S Mix Ups 305g
M&Ms Milk Chocolate Block 160g
M&Ms Crispy Milk Chocolate Block 150g
M&Ms Hazelnut Milk Chocolate Block 155g
M&Ms Crispy Coconut Milk Chocolate Block 150g
M&Ms Fruit & Nut Milk Chocolate Block 155g
M&Ms Crunchy Honeycomb Chocolate Block 150g
M&Ms Peanut Chocolate Gift Box 440g
Entry
instructions
To enter, you must, during the Competition Period after making a Qualifying Purchase
from a Store and collecting your itemised purchase receipt:
(a) if you haven’t already done so, download and install the M&M’s Take Home
The Fun application (M&M’s Take Home the Fun App) on your mobile device;
(b) follow the instructions in the M&M’s Take Home The Fun App, including by
providing your name and email address, Qualifying Purchase barcode digits,
uploading an image of the Qualifying Purchase receipt and providing all other
requested information; and
(c) play the Take Home the Fun game to see if you have provisionally won an
instant prize.
Your purchase receipt must clearly identify where the Qualifying Purchase was made, the
product/s purchased (which must be a Qualifying Purchase) and the date of purchase
(which must be during the Competition Period before you submitted your entry).
The Promoter is not responsible if your mobile device/desktop is not sufficiently capable
for the purpose of submitting an entry, including having the requisite photograph
capability.
Ts&Cs – M&Ms Take Home The Fun Promotion_10139072_18[5][1].DOCX
© 2019 Gadens Lawyers 2
How are instant
win prize/s
awarded?
Tier 1 prizes
There are up to 227 Tier 1 prizes to be awarded based on a computer drawing system at
Prime Focus, Level 1, 500 Chapel Street, South Yarra 3141 (Prime Focus) to randomly
determine winning times during the Competition Period (each a “Winning Time”). The
first entry, received on or after each Winning Time, will be the provisional winner of a Tier
1 prize.
Tier 2 prizes
There are up to 6,718 Tier 2 prizes to be awarded based on a computer drawing system
at Prime Focus, to randomly determine winning moments during the Competition Period
(each a “Winning Moment”). The first valid entry received during that Winning Moment,
will be the provisional winner of a Tier 2 prize.
You will get a return onscreen message in the M&M’s Take Home the Fun App
acknowledging if you have provisionally won a Tier 1 prize or Tier 2 prize and if so, details
on how to verify your entry and claim your prize.
What can I win?
Number
(up to)
Description Value (each)
Tier 1 prizes
30 JBL Speaker Clip 3 $89.95
10 Sonos Play One $226
10 Go Pro Hero 7 $299
3 Sony 32 Inch HD LED LCD Smart TV $648
124 Hoyts movie ticket – adult $19
50 Hoyts LUX movie ticket $35.95
Tier 2 prizes
4998 $20 iTunes voucher $20
1720 $50 Woolworths gift card $50
All voucher/gift card prizes (movie tickets, iTunes vouchers and Woolworths gift card) will
be awarded via email as an electronic voucher at the end of the Competition Period.
All other prizes (JBL Speaker Clip 3, Sonos Play One, Go Pro Hero 7 and Sony 32 Inch
HD LED LCD Smart TV) will be delivered to the winner’s nominated address at the end of
the Competition Period. Please allow 28 days for delivery.
Prize values are the recommended retail price (or an estimated value where a prize has
no consumer price attributed) as provided by the prize supplier, include GST and are
accurate as at the time of formulating these Conditions of Entry. The Promoter accepts no
responsibility for change in prize value after that date.
You can only win up to a maximum of three (3) instant win prizes during the
Competition Period in total.
Total prize pool The total prize pool is up to $200,006.00
How many times
can I enter?
You can enter up to five (5) times per day, per person (based on mobile phone number
and email address), provided you only enter once per Qualifying Purchase and per
receipt. Each entry must be submitted separately in accordance with these Terms and
Conditions.
How and when
will the winner/s
be informed?
Winners will be notified in writing within two days of determination. Winners names will
have their name and state/territory of residence published on www.m-ms.com.au/play on
09/08/2019
Proof of
purchase
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: 12.00pm (AEDT) on 05/11/2019.
Unclaimed and un-won Tier 1 prize determination: 2.00pm (AEDT) on 06/11/2019 at
Level 1, 500 Chapel Street, South Yarra 3141.
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© 2019 Gadens Lawyers 3
If a Tier 1 prize 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 carry out an unclaimed and un-won prize draw at the
date, time and place stated above to randomly distribute the prize/s in descending order
of value amongst valid entrants who (if possible) have not already won an unclaimed or
un-won prize. Any winner/s will be informed in writing
within two days of determination. Winner/s of the unclaimed and un-won prize draw will
have their name and state/territory of residence published on www.m-ms.com.au/play on
14/11/2019.
Any Tier 2 prizes that that are unclaimed or un-won will not be re-awarded.
Collection and
use of your
personal
information
If you are a winner, you must take part in all publicity, photography and other promotional
activity as the Promoter requires, without any compensation. You 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 the M&M’s
Take Home the Fun App when you submit an entry to this Consumer Competition.
We collect this personal information for the purposes of your entry into the Promotion and
for any other purposes specified in the M&M’s Take Home the Fun App terms of use. 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 http://www.mars.com/global/policies/privacy/pp-australia-en 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.
Permit numbers Authorised under:
ACT Permit No. TP19/02877
SA Licence No. T19/337
NSW Permit No. LTPS/19/32674
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 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). 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.
Prizes
3 Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited,
the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the
relevant supplier or the Promoter, including, as relevant. validity period/s.
4 You are responsible for all other unspecified costs related to the prize, including mobile or data plans,
installation costs, costs associated with ongoing use of the prize, etc.
General
5 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).
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 must not:
(a) tamper with the entry process;
Ts&Cs – M&Ms Take Home The Fun Promotion_10139072_18[5][1].DOCX
© 2019 Gadens Lawyers 4
(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.
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 Entries automatically generated by computer will not be accepted. If the Promoter suspects that any
person is using a computer to circumvent this condition by, for example, the use of ‘script’ or any other
automated means, then that person’s entries will be disqualified, and any Prize already awarded be
required to be repaid. At the discretion of the Promoter, offenders may be prosecuted.
12 If publication will take place, by entering, you request that your full address not be published.
13 Where relevant for instant win promotions, 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.
14 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.
15 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.
Liability
16 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any
statute including the Competition and Consumer Act 2010 (Cth).
17 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 for any liability which under statute cannot be excluded (in which case that liability
is limited to the greatest extent allowed by law).
18 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. Unless otherwise
specified, prize/s will only be delivered to addresses in Australia.
19 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 liability.