Terms and Conditions
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Mars Australia Pty Ltd, ABN 48 008 454 313, of 4 Corella Close, Berkeley Vale, NSW Australia 2261 (“Promoter”). Telephone: 1800 816 016.
3. The promotion is only open to Eligible Entrants. An “Eligible Entrant” is an individual who is: (i) a resident of Australia aged 18 years or over at the time of entry and who can claim the Prize as outlined in clause 20; and (ii) is not an employee (or immediate family of an employee) of the Promoter, participating stores and agencies associated with this promotion are ineligible to enter. Immediate family 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 first cousin.
4. Entries into the promotion open at 12.01am on 18/06/2018 and close at 11:59pm on 26/08/2018 (“Promotional Period”).
5. Unless otherwise indicated, all times and dates are times and dates in Sydney which may be AEST or AEDT depending on the date. Where times are stated using the 24 hour clock, 00:00 hrs is the start of a day and 24:00 hrs is the end of a day.
6. To enter, an Eligible Entrant must first purchase, in one (1) transaction, any two (2) DOLMIO® products (“Qualifying Products”) from any participating independent retailer in Australia during the Promotional Period (“Qualifying Transaction”). Eligible Entrants must obtain a purchase receipt for the Qualifying Transaction. A participating independent retailer is any IGA, Supa IGA, SPAR, FoodWorks, or Foodland supermarket anywhere in Australia that displays advertising material for this promotion.
7. To submit an entry Eligible Entrants must use a compatible browser to visit www.dolmio.com.au/win (“Competition Website”) and follow the prompts to the promotion entry page. For each entry, the Eligible Entrant must provide all the requested details (including the Eligible Entrant’s full name, e-mail address, contact phone number, full address, product barcode and date of purchase), and submit the fully completed entry form during the Promotional Period. Entry can only be made by the internet.
8. An Eligible Entrant may enter the promotion once for every Qualifying Transaction they make during the Promotional Period, subject to the following conditions: (a) only one (1) entry permitted per Qualifying Transaction (if more than two (2) Qualifying Products are purchased in the same transaction, there is still only one (1) Qualifying Transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.
9. All Eligible Entrants must ensure that their entries are received by the Promoter during the Promotional Period. The Promoter takes no responsibility for, and will not compensate any Entrant for, any late or misdirected entry or for any delays or failures in any telecommunications service or equipment.
10. Eligible Entrants must retain the receipt that was issued (or photocopy of it) from the purchase of all Qualifying Transactions that an Eligible Entrant uses to submit an entry. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrant’s entries and forfeiture of any right to a prize. Qualifying Transaction receipt(s) must clearly specify the store of purchase, the two (2) DOLMIO® products that were purchased and that the purchase was made during the Promotional Period and prior to entry.
11. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age place of residence and proof of purchase). The Promoter may in its sole discretion, reimburse an Eligible Entrant for any reasonable costs incurred in complying with this condition.
(i) An Eligible Entrant MUST, within 7 days of being asked, deliver to the Promoter (by a means reasonably determined by the Promoter) all of the items which condition 10 requires the Eligible Entrant to retain and which are requested by the Promoter. The Promoter may elect not to return those items; and
(ii) An Eligible Entrant MUST also deliver to the Promoter (by a means reasonably determined by the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity. The Promoter may make one (1) or more requests for such documents. Once the identity of documents available is established, an Eligible Entrant must deliver requested copies within 7 days of being asked to do so.
12. The Promoter may at its absolute discretion, declare any or all entries made by an Eligible Entrant invalid if the Eligible Entrant: (i) fails to establish their entitlement to enter the Promotion to the Promoter's reasonable satisfaction; or (ii) fails to produce items as required by conditions 10 or 11 or produces items that, in the Promoter's reasonable opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or (iii) in the Promoter's reasonable opinion, tampers with the entry process or benefits from such tampering; or (iv) in the Promoter's reasonable opinion, submits an entry which is incomplete, inaccurate, erroneous, ineligible, offensive, misleading, inappropriate or incomprehensible, or otherwise is not in accordance with these conditions.
13. Incomplete or indecipherable entries will be deemed invalid.
14. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
15. An entry by more than one (1) person (i.e. a joint entry) is invalid.
16. Any costs associated with accessing the Competition Website is the responsibility of the person seeking access and are dependent on the internet service provider used.
17. Eligible Entrants must make their internet entries manually using an internet browser. The Promoter may reject internet entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
18. The prize draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 (“Draw Location”) on 29/08/2018 at 10am AEST from all valid entries received during the Promotional Period (“Prize Draw”). The first Eligible Entrant with a valid entry drawn in the Prize Draw will win a trip for four (4) people to Italy (the “Major Prize”), as detailed in paragraph 20. The next five (5) valid entries drawn will each win a $500 Flight Centre Gift Voucher (“Voucher”). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn (“Reserve Entries”).
19. The Promoter’s decision is final and no correspondence will be entered into.
20. The Major Prize, which is specifically subject to conditions in clauses20 to 26, is valued at up to AU$20,500 (depending on date and point of departure) and includes flights and accommodation for the winner and three (3) companions as follows:
- Four (4) return economy airfares from winner's nearest Australian capital city to Rome, Italy;
- Seven (7) nights twin share accommodation in a 4 star hotel in Florence, Italy; and
- Eight (8) days car hire (pick up and drop off in Rome) with unlimited kilometres (excludes petrol and insurance).
An Australian capital city is: Sydney, Canberra, Melbourne, Hobart, Adelaide, Perth, Darwin or Brisbane.
IMPORTANT: Either the winner or one (1) of their companions must be aged 21 years or over with a full driver’s licence. Major Prize must be taken by 31/08/2019 and is subject to booking and flight availability. Major Prize cannot be taken during Australian school holidays, public holidays or other peak periods. The winner of the Major Prize must give the Promoter at least forty-five (45) days’ notice of proposed commencement of travel. Travel must be booked and documentation regarding the Major Prize must be made via the Promoter’s nominated prize supplier or their agents.
21. The Major Prize does not (except as expressly stated) include:
(i) any transport between a traveller's residence and the departure airport;
(ii) any overnight accommodation while travelling to the departure airport or destination;
(iii) any other travel or accommodation;
(iv) any meals, food or beverages;
(v) any incidental hotel charges (such as mini-bar charges, communication services (e.g. telephone and internet/email); in-house movies and games, entertainment services, and laundry services);
(vi) any insurance (such as travel or health cover);
(vii) any costs associated with any passport, visa, health or other requirements for entry into any foreign country and return to Australia;
(viii) any vaccinations or other medical or health related services;
(ix) any other ancillary costs which may be incurred by the winner or his/her companions in relation to the Major Prize.
22. The Major Prize is subject to the conditions of travel and availability at all times and maybe dependent on seat class with airlines or specific room category availability with accommodation partner. If any component of the Major Prize is unavailable on the dates proposed by the winner then, subject to condition 32 the Promoter will consult with the winner and endeavour to arrange alternative dates on which the Major Prize will be booked.
23. The Major Prize winner and his/her companions must depart from and return to the same departure point and travel together. The winner and his/her companions must travel with the understanding that:
(i) the Promoter may require the companions to confirm in writing that they agree to comply with the provisions of these conditions relating to companions (see condition 40);
(ii) the itinerary is to be determined by the Promoter in agreement with the Major Prize winner but in the event that an agreement cannot be reached, the Promoter reserves the right to determine the itinerary;
(iii) during the entire duration of the Major Prize, a nominated parent/guardian must accompany any person under 18 years of age.
(iv) the Major Prize winner may be required to present their credit card at time of accommodation check in; and
(v) the Major Prize winner and his/her companions may be required by the Promoter to hold valid travel insurance for their period of travel at their own expense;
24. Once tickets have been arranged by the Promoter, the Major Prize winner and his/her companions are responsible for any amendment fees issued by airlines or suppliers should they wish to amend the Major Prize once it has been confirmed and ticketed.
25. All components of the Major Prize must be taken together as a single trip to be booked by the Promoter. Any part of the Major Prize that is not taken for any reason is forfeited Frequent flyer points will not form part of the prize. The Major Prize is subject to the standard terms and conditions of individual prize and service providers.
26. The Major Prize winner and his/her companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation, at their own expense. The Major Prize winner and his/her companions must have a minimum of six (6) months validity on their passport prior to the date of departure. The Promoter will not be responsible or liable if the winner or any of his/her companions is refused entry to Italy or is unable to obtain any visas or documentation necessary to travel by the required date.
$500 FLIGHT CENTRE GIFT VOUCHER
27. The next five (5) valid entries drawn will each win a Voucher. The total value of the Vouchers is $2,500.
28. Flight Centre is the is the issuer of the Vouchers but is not the Promoter of the offer, nor responsible for fulfilment of offer terms. Vouchers are valid for 12 months from date of issue and are redeemable at participating stores and locations only. Participating stores and locations may change from time to time.
29. Any ancillary costs associated with redeeming the Voucher are not included. Any unused balance of the Voucher will not be awarded as cash. Redemption of the Voucher is subject to any terms and conditions of the issuer including those specified on the Voucher and at https://www.flightcentre.com.au/gift-card-terms-and-conditions.
30. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
31. Subject to the unclaimed prize draw detailed at clause 37, if for any reason a winner does not take / redeem a prize (or an element of the prize) at/by 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.
32. If any prize (or part of any prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the promotion. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a prize (or part of a prize) is unavailable for any reason.
33. The total prize pool value is up to $23,000 as at 03/04/2018. Each prize is valued at Australian prices in AUD. The Promoter takes no responsibility for any variations in value of the prize.
34. A right to receive a prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken a monetary payment.
35. Each winner will be notified in writing within two (2) business days of the Prize draw, which will be sent by e-mail to the e-mail address indicated in the entry form on the Competition Website. The notification will include instructions as to how the winner is to claim the prize and establish his/her entitlement to it.
36. The names of all prize winners will be published at www.dolmio.com.au/win for a period of at least twenty-eight (28) days from 05/09/2018.
37. A draw for any unclaimed prizes may take place at the Draw Location on 29/11/2018 at the same time as the original Prize Draw. Winners, if any, will be notified in writing within two (2) business days of the unclaimed prize draw, which will be sent by e-mail to the e-mail address indicated in the entry form on the Competition Website. The notification will include instructions as to how the winner is to claim the prize and establish his/her entitlement to it. The names of all unclaimed prize draw winners will be published at www.dolmio.com.au/win for a period of at least twenty-eight (28) days from 05/12/2018.
38. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
39. In order to be entitled to any prize, each winner must, if requested by the Promoter, agree to and sign and return:
(i) an eligibility form confirming their compliance with the Terms and Conditions and eligibility to accept the prize; and
(ii) a liability release, waiver and/or indemnity in favour of the Promoter and/or any person or other entity associated with this promotion.
40. Eligible Entrants may win a limit of one (1) Major Prize and one (1) Voucher in the promotion (excluding SA residents).
41. If for any reason the promotion is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes computer bugs or viruses, tampering or technical failures) 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 Eligible Entrant; or (b) to modify, suspend, terminate, cancel or recommence the promotion, as appropriate, subject to any written directions and approval of the authorities that have issued permits for its conduct.
42. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication including any SMS communication sent to (or by) the Promoter or any Eligible Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the promotion.
43. 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 warranties that cannot be excluded under applicable 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) 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 the promotion.
44. 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 Eligible Entrant; or (f) use of a prize / taking of a prize.
45. As a condition of accepting the Major Prize, the winner (and his/her companions) 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.
46. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION, TO CAUSE DAMAGE TO OR TO INTERFERE WITH THE FUNCTIONING OF THE SMS PROCESSES, OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH AN ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
47. If any provision of these Terms and Conditions is unenforceable for any reason, it will be severed and the remaining provisions will remain in full force and effect.
48. The Promoter (Mars, we, us or our) collects your personal information via the entry form when you submit an entry into this Competition.
50. We may disclose your personal information to our family of companies and to our vendors or service providers that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the Eligible Entrant. These companies may be based overseas, including in Hong Kong, Singapore and the United States. We require these companies to comply with the Australian privacy laws that apply to your personal information.
51. 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 Competition and may not be able to receive communications about our brands, products and services which may be of interest to you.
- 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.
53. If you need to contact us, or have any questions, please use the online contact form or the other contact details at http://www.mars.com/australia/en/about-mars/contact-us.aspx.
Authorised under Permit Numbers: NSW Permit No. LTPS/18/24078 ACT Permit No. TP18/00806 SA Permit No. T18/731