Stuart Alexander – Werther’s Original – Win 1 of 3 trips of their choice for 2 valued at up to AU$5,000

TERMS AND CONDITIONS

PARTICIPATION
Information on how to enter the “Werther’s Original – Win 1 of 3 Luxury Breaks” (Promotion) and the prizes form part of these Terms and Conditions. By participating, Entrants (as defined below) agree to be bound by these Terms and Conditions. Promotion is not valid in conjunction with any other competition, special, discount or promotional offer unless indicated otherwise.

Entry is only open to Australian residents aged 18 years or over (‘Entrants’). Employees (and their immediate families) of Stuart Alexander & Co Pty Ltd (ABN 43 000 058 677) of Level 3, 1 Smail Street, Ultimo, NSW 2007, Australia (Promoter), Participating Retailers (as defined below) and agencies associated with this promotion are ineligible to enter.

The Promotion commences at 12:01am (AEST) on 10th July 2017 and entries close at 11:59pm (AEST) on 29th September 2017 (Promotional Period).

ENTRY
To enter the Promotion, Entrants must, during the Promotional Period undertake the following steps:
purchase one (1) pack of Participating Product (as defined below) from any Participating Retailer (as defined below) nationally (Qualifying Purchase); and
submit a valid entry form in accordance with these Terms and Conditions.
Participating product (Participating Product) means any of the following Werther’s Original products: Cream Candies 50g Roll; Cream Candies 3 x 50g Multipack; Chewy Toffee 45g Stick; Cream Candies No Sugar Added 42g Box; Cream Candies 140g Bag; Cream Candies No Sugar Added 60g Bag; Chewy Toffees 135g Bag; Eclairs 100g Bag and Creamy Filling 125g Bag.
For the purposes of this Promotion, a participating retailer (Participating Retailer) is any of the following stores/shops: Independent Grocery, Australia Post, Impulse, Newslink and WH Smith in Australia, that stocks Participating Products and displays promotional advertising material for this Promotion during the Promotional Period. Participating Retailers EXCLUDES all Coles, Woolworths/Safeway and Aldi branded supermarkets and convenience stores e.g. Coles Express and Woolworths Petrol. For clarity, if an individual purchases any Participating Product from a retailer that is not displaying the promotional advertising material during the Promotional Period then that product will not be eligible for entry into the Promotion under the Qualifying Purchase requirement.
To enter, individuals must then complete one (1) of the following two (2) mechanics during the Promotional Period to submit a valid entry form: (a) Enter by Mail: Complete the official entry form, found in any Participating Retailer, in full including their full name, date of birth, residential address, contact telephone number and the last 6 (six) digits of the product barcode found on the back of the Participating Product, and then send to: “Werther’s Original Australian Luxury Breaks” Promotion, PO Box 685, Eastern Suburbs MC, NSW 2004; or (b) Enter Online: visit www.werthersdreamholiday.com (Promotional Website) and input the requested details including their full name, date of birth, residential address, contact telephone number, a valid email address and the last six (6) digits of the product barcode found on the back of the Participating Product, and submit the fully completed online entry form.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase; (b) each entry must be submitted separately and in accordance with the entry requirements; (c) only one (1) product barcode per entry is permitted; (c) unrecognised barcodes will be deemed invalid; and (d) maximum of one (1) entry per Entrant per day is permitted.
Entrants must retain the original purchase receipt(s) for each Qualifying Purchase used to enter the Promotion. The original purchase receipt(s) must clearly show where and when each Participating Product was purchased. Failure to produce the original purchase receipt for any entry when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Entrant’s entries and forfeiture of any right to a prize.
All entries must be received by the Promoter during the Promotional Period. Entries received before the start of the Promotional Period or after the close of the Promotional Period will be deemed invalid and will not be eligible to win any prize. Records of the Promoter are final and conclusive as to time of receipt. Incomplete, illegible or indecipherable entries will be deemed invalid.
Entrants can only enter in their own name and not on behalf of another individual. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence and proof of purchase i.e. a copy of the receipt) and reserves the right, in its sole discretion, to disqualify any Entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.

PRIZES AND DRAWS
There will be three (3) Prizes (Prizes) awarded in this Promotion. One Prize awarded in each draw (Draw). Entries received between 12:01 am AEST on 10th July 2017 to 11:59pm AEST on 6th August 2017, will be entered into the first Draw. Entries received between 12:01 am AEST on 7th August 2017 and 11:59pm AEST on 3rd September 2017 will be entered into the second Draw. Entries received between 12:01 am AEST on 4th September 2017 and 11:59pm AEST on 29th September 2017 will be entered into the third Draw. All Draws will take place at Greeneagle, 5/9 Fitzpatrick St, Revesby NSW 2212 at 11am on 14th August 2017 – Draw 1; 11th September 2017 – Draw 2; and 9th October 2017 – Draw 3. The Promoter may draw additional reserve entries and record them (in the order in which they were drawn) in case an invalid entry or ineligible Entrant is drawn. The winners of the Prizes will be notified in writing by email (or letter sent by registered post) within two (2) business days of the relevant Draw, and their names will be published online on the Promotional Website on 21st August 2017 – Draw 1; 18th September 2017 – Draw 2; and 16th October 2017 – Draw 3. If any winners are from South Australia, then those winners will be published in The Advertiser on the same dates as published on the Promotional Website.
Each Prize winner must follow the instructions set out in the winner notification email or letter referred to in clause 13 and respond before 9th January 2018 in order to claim their prize.
The first valid entry drawn, in each Draw, will win one (1) trip of their choice to one (1) of the prize destinations, as detailed below, for two (2) adults, valued at up to AU$5,000, depending on the dates at which the prize is taken, choice of destination, and the point of departure. Acceptance of the Prize is subject to the Prize winner (and his/her companion), at all times, abiding by the conditions set out in these Terms and Conditions. Each Prize consists of the winner’s choice of one (1) of the following prize destinations (Prize Destinations):
(a) Tasmania – Prize Destination 1, which includes:
Return economy class airfares for two (2) adults from the winner’s nearest Australian capital city to Hobart;
All airline and airport taxes;
4 day’s car hire with unlimited km;
3 night’s accommodation at Peppers Cradle Mountain;
Daily set breakfast;
Waldheim Spa with 60min private sanctuary for two (2) adults; and
$500 spending money.
(b) The Barossa Valley – Prize Destination 2, which includes:
Return economy class airfares for two (2) adults from the winner’s nearest Australian capital city to Adelaide;
All airline and airport taxes;
3 day’s car hire with unlimited km;
2 night’s accommodation at The Louise;
Daily set breakfast;
Sunrise Hot Air Balloon Flight for two (2) adults; and
Gourmet dinner for two (2) adults at Appellation valued at up to $300.
(c) Hamilton Island – Prize Destination 3, which includes:
Return economy class airfares for two (2) adults from the winner’s nearest Australian capital city to Hamilton Island;
Return airport transfers;
3 night’s accommodation at Reef View Hotel;
Daily set breakfast;
Sailing adventure to White Haven Beach; and
Gourmet dinner for two (2) adults.
Each Prize winner and their companion must book the Prize a minimum of forty-five (45) days in advance of requested departure dates and by no later than 29th March 2018. Travel must be completed by no later than 29th September 2018. No exceptions permitted. All travel is subject to availability at all times and may be dependent on additional conditions, including but not limited to select seat class with airlines or specific room category availability with accommodation partners. Availability cannot be guaranteed during Christmas, Easter, holidays and special event periods and additional blackout periods may apply. If a Prize winner cannot travel in accordance with these Terms and Conditions, then their Prize will be forfeited. If, for any reason, a Prize winner does not take an element of the Prize during the stated period, and on the conditions stipulated by the Promoter or any third parties, then that element of the Prize will be forfeited and cash will not be awarded in lieu of that element of the Prize.
Spending money over and above any provided as part of the Prize, excess baggage costs, meals, taxes (excluding airport and airline taxes), travel insurance, transport to and from the airport departure point in the Prize winner’s nearest Australian capital city, any additional transfers other than those referred to in these Terms and Conditions, items of a personal nature, in-room charges, and all other ancillary costs are not included in the Prize. Frequent flyer points will not form part of the Prize. The Prize is subject to the standard terms and conditions of each individual Prize service provider. The Prize winner may be required to present their credit card at time of accommodation check in as a security measure for any charges incurred during the stay over and above the cost of accommodation.
Each Prize winner acknowledges, and must ensure that each companion acknowledges, that elements of the Prize may be subject to additional terms and conditions imposed by third party prize suppliers, including booking conditions, fare rules including any amendment fees, baggage restrictions, conditions of carriage, codes of conduct and any standard restrictions or participation conditions in addition to those outlined herein. Each Prize winner and their companion must become acquainted with any such additional terms and conditions before taking the Prize. To the extent permitted by law, the Promoter does not accept any responsibility, and is not liable for, any additional conditions imposed by third party service providers on the taking of the Prize, or for the breach of those conditions by any person and the consequences, which may follow.
Each Prize winner and their companion are responsible for their own travel to and from their nominated departure point, and must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with each winner, but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Flight schedules and accommodation arrangements are subject to change without notice.
Each Prize winner and their companion are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed, if those amendments are made or requested by them or on their behalf. No compensation or alternative travel plans will be arranged should the Prize winner and/or their companion miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the responsibility and expense of the Prize winner and their companion. Unless expressly stated in these Terms and Conditions all other expenses become the responsibility of the Prize winner and their companion, as incurred.
The Promoter recommends that each Prize Winner and their companion obtain travel insurance.
To the extent permitted by law, the Promoter is not responsible for and cannot be held liable for any element of the Prize which is cancelled or delayed, or where the location is changed, or any other occurrence, which is out of the reasonable control of the Promoter.
Each Prize winner and their companion acknowledge that the Prize can be dangerous and could potentially result in injury or death, and participate at their own risk. Each Prize winner and their companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements as determined by the Promoter or any prize supplier in their absolute discretion; (b) not be under the influence of drugs or alcohol (unless legally entitled to) when they redeem or partake in the Prize; (c) comply with all directions of the Promoter, or any prize supplier, at all times. The Promoter and any prize supplier in their absolute discretion, at all times, reserve the right to: (a) prevent any Prize winner or their companion from participating in the Prize (or part thereof) if, at any time, they reasonably believe that a Prize winner or their companion pose a safety risk to themselves or to others or for any other reason; and/or (b) cancel the Prize (or part thereof) if the conditions are deemed dangerous. If the Prize is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
A draw for any unclaimed Prize, may take place on 10th January 2018 at the same time and place as the original Prize Draw, subject to any directions from a regulatory authority. The winners (if any) will be notified by email (or by letter sent by registered post) within two (2) business days of the draw, and their name will be published online at the Promotional Website from 18th January 2018. South Australian winners, if any, will be published in The Advertiser on the same date as published on the Promotional Website.

GENERAL
The total prize pool for this Promotion is up to AU$15,000.00.
The Promoter’s decision in all matters relating to this Promotion is final and no correspondence will be entered into.
Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
If a Prize (or an element of a Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that element of the Prize) with another prize of equal value and/or specification, subject to any written directions from a regulatory authority.
If for any reason a winner does not use, redeem or take a Prize (or an element of a Prize) by or at the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited and will not be redeemable for cash.
Entrants who win a prize consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter (including but not limited to technical difficulties, unauthorised intervention or fraud), the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
Any cost associated with entering the Promotion, or accessing the Promotional Website is the Entrant’s responsibility and is dependent on the Internet service provider used.
Any documentation associated with a Prize, including tickets and vouchers, are void if stolen, forged, mutilated or tampered with in any way.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use, redemption or taking of a Prize.
As a condition of accepting a Prize, each Prize winner (and their companion), must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on Entrants providing their personal information. The Promoter will collect, store, use and disclose personal information as set out in its privacy policy, which can be viewed at the Promotional Website (Privacy Policy). In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their personal information, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter will not disclose personal information overseas. All entries become the property of the Promoter.
The laws in force in New South Wales apply to this Promotion to the exclusion of any other law. Entrants submit to the jurisdiction of the courts of New South Wales.
For any queries regarding this Promotion, contact customer service on 1800 188 484 or consumer@stalex.com.au. Open 8am-4pm (AEST/AEDST).

NSW PERMIT NO. LTPS/17/14143; ACT PERMIT NO. TP 17/00895; SA PERMIT NO. T17/842.

Werther’s Original® is a registered trademark.