St Ives Fruit Market – Win Our Weekly $100 Spend In Store Prize
Charlie and The Chocolate Factory competition
Terms and Conditions
Show: Melbourne News
Promotion: Charlie and The Chocolate Factory competition
Promoter: The Promoter is Nine, ABN 88 008 685 407 of 24 Artarmon Rd, Willoughby, NSW
At the time of entry, entrants can also opt-in to receive marketing and promotional
material from The Gordon Frost Organisation ABN 87 002 552 801. By opting-in,
entrants agree that their PI will be collected and handled The Gordon Frost
Start date and time End date and time Draw date and time
1 19/08/19 at 6:00pm AEST 19/08/19 at 11:59pm
20/08/19 at 10:00am
2 20/08/19 at 6:00pm AEST 20/08/19 at 11:59pm
21/08/19 at 10:00am
3 21/08/19 at 6:00pm AEST 21/08/19 at 11:59pm
22/08/19 at 10:00am
4 22/08/19 at 6:00pm AEST 22/08/19 at 11:59pm
23/08/19 a 10:00am
5 23/08/19 at 6:00pm AEST 23/08/19 at 11:59pm
Entrants: Entry is only open to residents of VIC only.
Entrants under 18 years of age must have legal parental or guardian consent to enter
the Promotion and collect the prize. By submitting an entry, the entrant affirms that
they are 18 years or over or otherwise possess legal parental or guardian consent.
Directors, employees and their Immediate Family Members of the Promoter, it’s
related bodies corporate and any agencies or companies associated with the
Promoter or the Promotion are not eligible to enter. Immediate Family Member
means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child
(whether natural or by adoption), parent, step-parent, grandparent, step-
grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or
Prize description Prize description: 1 x family pass to see Charlie and the Chocolate Factory at Her
Majesty’s Theatre in Melbourne in October 2019
Number of prizes / breakdown of prizes: 50
Total value of prize(s): $20,000
Breakdown of prize value: $400 per family pass
The prize does not include transport to the event and each winner is responsible for
their own transport.
Type of promotion This promotion is a game of chance.
How to enter A code word will be broadcasted during the promotional period during Nine News
Melbourne. Entrants must enter the correct code word relating to the night they
To enter, participants must:
Visit the 9news.com.au/charlieandthechocolatefactory website and;
Complete their details including the code word, full name, state, postcode,
phone number and email address
Multiple entries permitted, subject to each entry being submitted separately and in
accordance with entry requirements set out above.
Draw The winners of a drawn prize will be determined by chance. The draws will take place
at Nine Network Australia, at 24 Artarmon Road, Willoughby NSW 2068 at 10:00am
AEST on the dates stipulated in table A by a computerised random selection.
The first ten (10) valid entries drawn in each draw period will be the winners of that
draw period and will win the prize.
All reasonable attempts will be made to contact the winners. If a prize remains
unclaimed by a winner or unallocated for any reason by 25/09/19, the prize will be
forfeited, and no cash or other alternative will be offered to that winner. Subject to
any direction or requirement under State legislation, unclaimed prize(s) will be
redrawn in a second draw. The unclaimed prize redraw will take place at the
Promoter’s address at 10:00am AEST on 27/09/19.
Special conditions The prize must be redeemed to coincide with Charlie and The Chocolate Factory in
October 2019 on a date in October 2019 stipulated by the Promoter. Family passes
consist of 4 tickets. Family passes are for single use only.
Entry into the Promotion
1. The Promotion Details above and all Detailed Terms below form part of these Terms and Conditions.
The Entrant agrees and acknowledges that they have read these Terms and Conditions
2. It is a condition of entry that all Terms and Conditions are accepted as final and the Entrant agrees to
abide by these Terms and Conditions. Submission of an entry is deemed to be an acknowledgement by
the Entrant that they have read these Terms and Conditions and accepted them.
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Promotion
Details, unless stated otherwise.
4. The Promotion commences on the Start Date and runs for the Promotional Period ending on the End
5. Valid entries by eligible Entrants will be accepted during the Promotional Period. No entries will be
accepted after this time. Entries are deemed to be received at the time of receipt by the Promoter and
not at the time of transmission or deposit by the Entrant. Records of the Promoter and its agencies are
final and conclusive as to the time of receipt. The Promoter accepts no responsibility for any late, lost
or misdirected entries due to technical disruptions, network congestion, social media platforms
faulting or for any other reason.
6. Illegible, incomprehensible and incomplete entries will be deemed invalid. An entry that is made on
behalf of another person will also be deemed invalid.
7. The Promoter reserves the right to disqualify any entry which, in the opinion of the Promoter, includes
objectionable content, profanity, inflammatory, offensive or defamatory comments, or which breach
any law or infringes any third party rights, including intellectual property rights.
8. The Promoter reserves the right to disqualify any Entrant who tampers with the entry process or who
submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion
of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading,
deceptive or generally damaging to the goodwill or reputation of the Promotion or Promoter.
9. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and
entrant’s details including the right to request proof of an entrant’s identity, age and residency. In the
event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no
substitute will be offered.
10. The Promoter reserves the right to disqualify an Entrant or entries in the event of non-compliance with
these Terms and Conditions. In the event that there is a dispute concerning the conduct of the
Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence
will be entered into.
11. An Entrant who uses any automated entry software or any other mechanical or electronic means that
allows an individual to automatically enter repeatedly is prohibited and may render all entries
submitted by that individual invalid.
12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there
is no additional cost to enter the Promotion other than any cost paid by the Entrant to access the
website or social media platform of entry via their internet service provider.
13. Should an Entrant’s contact details change during the Promotion, it is the Entrant’s responsibility to
notify the Promoter. A request to access or modify any information provided in an entry should be
directed to the Promoter.
14. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason
of computer virus, communications network failure, bugs, tampering, unauthorised intervention,
fraud, power or technical failure, acts of God, civil unrest, strike, war, act of terrorism or any other
cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate,
modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize,
subject to State or Territory regulation.
15. The winner(s) will be notified by phone or email together with further instructions on how to arrange
the collection of their prize within seven (7) days of the winner(s) being determined.
16. Each prize will be awarded to the person named in the winning entry. If there is a dispute as to the
identity of an Entrant or winner, the Promoter reserves the right, in its sole discretion, to determine
the identity of the Entrant or winner.
17. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the
time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the
prize or provide a cash alternative.
18. The details of the prize(s) are set out in the Promotion Details. The value of the prize(s) is accurate and
based upon the recommended retail value of the prizes (inclusive of GST) at the Start Date of the
Promotion. The Promoter accepts no responsibility for any variation in the value of the prizes after
19. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or
that portion of the prize) to a prize of equal or greater value and/or specification, subject to any
written directions of a regulatory authority.
20. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions
of the third party prize supplier. The Promoter and the third party prize supplier reserve the right to
refuse to allow a winner to use or take part in any or all aspects of the prize, if either determine, in
their absolute discretion, that a winner is not in the mental or physical condition necessary to be able
to safely use or participate in the prize.
21. If the prize consists of any gift cards of any third party supplier, the gift card(s) may not be redeemed
or exchanged for cash, traveller’s cheques, cash passports or any other form of currency, and will not
be replaced or refunded if the gift card is lost or stolen
22. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form
determined by the Promoter in its absolute discretion.
23. If a prize is provided to the Promoter by a third party supplier and/or is to be delivered directly to the
winner(s), the Promoter accepts no responsibility or liability for any delay or failure by the third party
to deliver the prize, any delay or failure relating to the prize itself or failure by the third party supplier
to meet any obligations in these Terms and Conditions or otherwise. The terms and conditions which
apply to a prize at the time it is issued to the winner will prevail over these Terms of Conditions, to the
extent of any inconsistency.
24. The following terms apply to the extent that the prize involves any travel:
i) The winner must finalise the prize booking within [12 weeks] of the date that the winner is
notified and all travel must be completed within [12 months] of the Promotion closing date.
ii) Once a travel booking is confirmed, no changes will be allowed unless authorised by the
Promoter in its sole discretion. The winner is responsible for any amendment fees issued by
airlines or suppliers.
iii) The Promotion will have the sole discretion to choose the travel suppliers in relation to the
fulfilment of the prize(s).
iv) Redemption of the prize is subject to availability on the dates chosen by the winner. The prize(s)
may not be available for redemption during Christmas, school holiday and special event periods.
v) All expenses other than those specified as being part of the prize are the responsibility of the
winner and if relevant, their travel companion(s).
vi) No compensation or alternative travel plans will be arranged if the winner and /or any travel
companion(s) misses any part of their travel or fails to meet any check in requirements for any
vii) In the event that an element of the prize is cancelled or postponed for any reason, the winner
forfeits the specified element and no cash alternative offer will be granted in lieu of the part of
viii) [The winner can travel with one travel companion. The travel companion can be of any age,
however, a companion under the age of 18 years must travel with their parent or legal guardian.
The winner and travelling companion must travel at the same time, must depart from the same
capital city airport and must stay at the same accommodation.]
ix) The winner must ensure that they and any travel companion has any necessary documentation,
including but not limited to valid passports and visas, which meet the requirements of
immigration and other government authorities at every destination. Any fines, penalties,
payments or expenditures incurred as a result of such documents not meeting the requirements
of those authorities will be the sole responsibility of the travellers.
x) A credit card imprint may be required from the winner as part of the travel arrangements or
xi) Frequent flyer or other programme partner points will not form part of the prize.
xii) Comprehensive travel insurance is recommended for the winner and any travel companion. If the
winner and/ or travel companion chooses not to purchase travel insurance they may be required
to complete a travel insurance waiver form acknowledging that they understand the benefits of
travel insurance but decline to take out a policy.
xiii) All other expenses other than those expressly included in the prize are excluded and are the
responsibility of the winner and any travel companion.
xiv) All travel will be subject to the general conditions of carriage. The Promoter makes no
representation as to the safety, conditions or other issues that may exist at any destination or
event. It is the responsibility of the Entrant and any travel companion to enquire about local
issues and conditions at destinations or events before travel.
Personal Information, marketing and publicity
25. As part of the Promotion, the Promoter will collect Entrants’ personal information. If the Entrant does
not provide their personal information as requested, they may be ineligible to enter or claim a prize in
the Promotion. Submission of an entry is deemed to be consent by the Entrant to the Promoter
collecting their personal information.
26. The Promoter will use the personal information to enable an Entrant to participate in the Promotion.
27. The Promoter may disclose Entrants’ personal information to third parties including its contractors
and agents, prize suppliers, Promotion sponsors and service providers to assist in conducting this
Promotion and to the State and Territory lottery departments as required under the relevant lottery
28. Nine may use Entrants’ personal information for future marketing purposes regarding its products,
including contacting the Entrant electronically.
29. If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information of an
Entrant for marketing purposes if the Entrant has given their consent to be contacted by the
30. Personal information will be stored by the Promoter on a database controlled by Nine or by a third
party service provider of Nine.
31. For the purposes of public statements and advertisements, the Promoter may only publish the
winner’s surname, initial and State/Territory or postcode of residence.
32. Further details on how Nine will collect and use personal information is set out in the Nine privacy
policy which is located at https://login.nine.com.au/privacy?client_id=9nowweb.
correction of the personal information Nine holds about them and how an Entrant may complain
about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian
privacy laws and how such complaints will be dealt with.
34. By accepting the prize, the winner agrees to participate in and co-operate as required with all
reasonable marketing and editorial activities relating to the Promotion, including (but not limited to)
being recorded, photographed, filmed or interviewed and acknowledges that the Promoter and Nine
may use any such marketing and editorial material without further reference or compensation to
35. The winner agrees not to sell or otherwise provide their story and or photographs related to the
Promotion or being a winner of the Promotion to any other media organisation.
Intellectual property rights
36. The following conditions apply where the Promotion involves submission of any materials including
but not limited to answers to questions, a statement, idea or opinion, video or voice recordings,
images, works of art, designs or photographs (Content):
i) the Content must not contain any viruses or cause or be likely to cause any injury or harm to any
person or entity;
ii) the Content must be the work of the individual submitting it;
iii) the Content must not have been published elsewhere or have won a prize in any other
competition or promotion;
iv) before submitting the Content, Entrants must obtain consent from any person (or the parent or
guardian of any person under 18 years) who appears in any content and from the owner(s) of any
property that appears in the Content. Entrants must obtain any other permissions required for
the submission of the Content;
v) each Entrant must warrant that the submission of the Content does not infringe the intellectual
property rights of any third party. Entrants must warrant that the Content they are submitting is
their own work and that they own the copyright for it;
vi) the Promoter may remove or decline to publish any Content without notice to the relevant
vii) the intellectual property rights in the Content submitted by the Entrant remains with the relevant
Entrant and does not transfer to the Promoter. However, in consideration of the Promoter
providing the Promotion, each Entrant grants a worldwide, irrevocable, perpetual licence to Nine
to use and reproduce any or all of the submitted Content including but not limited to in any of
their publications, their websites and/or in any promotional material connected to this
Promotion. The Entrant acknowledges that the Promoter is free to use the Content and to
exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use;
viii) the Entrant hereby consents to Nine using their likeness, image and/or voice in the event that the
Entrant is the winner (including photograph, film or recording) in any media whatsoever
throughout the world for the purpose of promoting this Promotion or other similar promotions
and promoting any products manufactured, distributed and or supplied by Nine. The Entrant will
not be entitled to any remuneration for such use.
Use of social media
37. The following terms apply to the extent that the Promotion is conducted on, advertised or promoted
on a social media platform owned by a third party (Platform Operator):
i) the Entrant acknowledges and agrees that the Promotion is in no way sponsored, endorsed or
administered by, or associated with, any Platform Operator.
ii) the Entrant releases each Platform Operator and its associated companies from all liabilities
arising in respect of the Promotion; and
iii) to the extent relevant to the Promotion, Nine agrees and each Entrant must agree to adhere to
the terms and conditions and promotions guidelines of each Platform Operator which are
available to view online on their social media platforms.
Limitation of liability
38. Any guarantee or warranty given in relation to a prize is in addition to any relevant statutory
guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies
or purports to restrict, exclude or modify any statutory consumer rights under any applicable law
including the Competition and Consumer Act 2010 (Cth).
39. The Promoter and its associated agencies and companies 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 or
wilful misconduct) in connection with this Promotion or accepting, taking part in or using any prize (or
recommendation), except for any liability which cannot be excluded by law (in which case that liability
is limited to the minimum allowable by law).
40. Neither the Promoter, nor any Promotion Sponsor or third party prize supplier, or their associated
companies is responsible, to the extent permitted by law, for acts of god, acts of terrorism or war
(declared or undeclared) or other events beyond their control which prevent awarding or acceptance
of the prize in accordance with the prize description.
41. The Promoter accepts no responsibility for any tax implications of this Promotion and Entrants must
seek their own independent financial advice in regards to their own personal circumstances and any
tax implications relating to the prize or acceptance of the prize.
42. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these