Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

Schedule to Conditions of Entry

Promotion Name

MILO New Zealand FunRaiser 2023 Promotion (“The Promotion”)

Promoter

The Promoter is Nestlé New Zealand Limited of 12-16 Nicholls Lane, Parnell, Auckland, New Zealand

Website

www.MILO.co.nz/FunRaiser

Promotional Period

The Promotion starts at 12.01am NZST on 26 June 2023 and closes at 11.59pm NZST on 20 August 2023.

Entry Restrictions

Subject to Clause 3 of the Conditions of Entry, entry is open to residents of New Zealand aged 18 years or over (“Eligible Entrant”).

Participating Product(s)

A Participating Product is any of the following:
• MILO 1kg
• MILO 200g
• MILO 310g
• MILO 530g
• MILO 650g
• MILO 30% Less Added Sugar 395g
• MILO Plant Based 395g
• MILO 720gm
• MILO Cereal 350g
• MILO Cereal 700g
• MILO Cereal Protein 600g
• MILO Duo Cereal 340g
• MILO Snack Bars Dipped 6 Pack

For the avoidance of doubt:
• A Participating Product can be an either specially marked product or a non-specially marked product
• The Participating Products are only as listed above. MILO products which are not listed above are not deemed Participating Products, including (but not limited to) Kit Kat MILO 45g; Kit Kat MILO 145g and Kit Kat Chunky MILO 45g.

Entry Method (for purchases made in a Physical Stores)

To enter, Eligible Entrants must during the promotional period:

1. Purchase a Participating Product (as listed above) from a Participating Retailer (Physical Store). A Participating Retailer (Physical Store) is any physical store in New Zealand that stocks the Participating Product and displays advertising promoting this Promotion.

2. Using their mobile device, scan the QR code on any of the promotional advertisements or go to www.MILO.co.nz/FunRaiser and follow the prompts to the Promotion entry page;

3. Select the “I have made a purchase in a physical store” option;

4. Complete the entry form by inputting the requested details including (but not limited to) first name, last name, mobile number, email address, postal address, and upload an image of their itemised purchase receipt^

5. Click on “submit” to finalise their entry. Entries must be received by the Promoter before the close of the Promotional Period.

Upon submitting their entry, Eligible Entrants will be immediately notified via an onscreen message whether or not they have provisionally won an Instant Win Prize. If an Eligible Entrant is deemed a provisional Instant Prize Winner, they will receive an email relating to the prize. If they have not won an Instant Win Prize, they will not receive an e-mail. All non-winning Instant Win Prize entries will be automatically placed in a Second Chance Draw.

^Note: All Instant Prize Winners are deemed provisional prize winners and may be subject to verification before being awarded a Prize. Eligible Entrants must retain original itemised purchase receipt(s) as proof of purchase. Purchase receipt(s) must clearly specify the store of purchase, that the product(s) purchased are Participating Product(s) and that the purchase was made during the Promotional Period.

Entry Method, (for purchases made online)

To enter, Eligible Entrants must during the promotional period:

1. Purchase a Participating Product (as listed above) from a Participating Retailer (Online). A Participating Retailer (Online) is any retailer including any online shopping orders from an online retailer or supermarkets in New Zealand that stocks the Participating Product and displays advertising promoting this Promotion.

2. Using their mobile device, scan the QR code on any of the promotional advertisements or go to www.MILO.co.nz/FunRaiser and follow the prompts to the Promotion entry page;

3. Select the “I have made a purchase online” option;

4. Complete the entry form by inputting the requested details including (but not limited to) first name, last name, mobile number, email address, postal address, and upload an image of their itemised purchase receipt^

5. Click on “submit” to finalise their entry. Entries must be received by the Promoter before the close of the Promotional Period;

Weekly Draws will be conducted in accordance with Draw Details to determine winners.

^Note: All Prize Winners are deemed provisional prize winners and may be subject to verification before being awarded a Prize. Eligible Entrants must retain original itemised purchase receipt(s) as proof of purchase. Purchase receipt(s) must clearly specify the store of purchase that the product(s) purchased are Participating Product(s) and that the purchase was made during the Promotional Period.

Maximum entries permitted

Multiple entries are permitted, however:
(1) There is a limit of one (1) entry per transaction (regardless of the number of Participating Products purchased in the same transaction); and
(2) Must be submitted separately and must independently comply with these Terms and Conditions.

Entrants can win a maximum of one (1) Prize.

Draw Details

Draw details (for purchases made in a Physical Store)

There are forty-two (42) Instant Win prizes available to be won for Eligible Entrants who purchase a Participating Product from a Participating Retailer (Physical Store).

Using a random computerised drawing system, the Promoter will allocate forty-two (42) random Winning Moments between the start and end of the Promotional Period. The first valid entry received at or after a randomly allocated Winning Moment will be deemed a provisional Instant Prize Winner and subject to verification, will win an Instant Win prize. Once verified, Instant Prize Winners will be contacted via email.

All non-winning Instant Win Prize entries will be automatically placed in a Second Chance Draw.

Draw details (for purchases made in in an Online Store)

There are eight (8) Major Prizes available to be won (one (1) per Week) for Eligible Entrants who purchase a Participating Product from a Participating Retailer (Online).

There will be one (1) draw conducted each Week between the start and end of the Promotional Period (for a total of eight (8) weeks) based on the schedule below (“Weekly Prize Draws”). For each Week, the first (1) valid entry drawn will be deemed a Provisional Major Prize Winner and subject to verification, will win a Major Prize. Once verified, Major Prize Winners will be contacted via email.

All Weekly Prize Draws will take place at the offices of the Promoter. The draw is electronic and winners will be selected at random. This is a game of chance and skill plays no part in determining Winner(s). For the avoidance of doubt, entries will not rollover into subsequent Weekly Prize Draws.

Draw Number

Draw Date

Daily Prize Draws

Draw 1

10.00am NZST on 3 July 2023

26 June 2023 to 2 July 2023

Draw 2

10.00am NZST on 10 July 2023

3 July 2023 to 9 July 2023

Draw 3

10.00am NZST on 17 July 2023

10 July 2023 to 16 July 2023

Draw 4

10.00am NZST on 24 July 2023

17 July 2023 to 23 July 2023

Draw 5

10.00am NZST on 31 July 2023

24 July 2023 to 30 July 2023

Draw 6

10.00am NZST on 7 August 2023

31 July 2023 to 6 August 2023

Draw 7

10.00am NZST on 14 August 2023

7 August 2023 to 13 August 2023

Draw 8

10.00am NZST on 21 August 2023

14 August 2023 to 20 August 2023

Prize

There are fifty (50) prizes available to be won in this Promotion as follows:

Type

No. Available

Details

Value (each)

Instant Win Prize (for purchases made in Physical Stores)

Forty-two (42)

An Instant Win Prize will consist of:
- A monetary prize of $500 transferred to the bank account (or awarded via cheque) to the Instant Prize Winner;
- Additionally, the Promoter will donate 1 x monetary prize of $500 transferred to the bank account (or awarded via cheque) to an Eligible Club as nominated by the Instant Prize Winner and approved by the Promoter (see Conditions of Prize for more details).  

$500, plus the Promoter will donate $500 to an Eligible Club.

Major Prize (for purchases made Online)

Eight (8)

A Weekly Prize Draw Win will consist of:
- A monetary prize of $500 cash transferred to the bank account (or awarded via cheque) to the Major Prize Winner.
- Additionally, the Promoter will donate 1 x monetary prize of $500 transferred to the bank account (or awarded via cheque) to an Eligible Club as nominated by the Major Prize Winner and approved by the Promoter (see Conditions of Prize for more details).  

$500, plus the Promoter will donate $500 to an Eligible Club.

Value of Prize Pool

The combined Instant Win and Major Prize Pool is up to $25,000.


In addition to the Prize Pool, the Promoter will donate $500 each to Eligible Clubs, as nominated by the fifty (50) Instant Win and Major Prize  (up to total of $25,000).

Conditions of prize

As per conditions of entry.

Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.


Donations to Eligible Clubs


Once verified, Instant and Major Prize Winners will be contacted via email and asked to nominate an Eligible Club that they would like the MILO team to donate $500 to. The beneficiary of the donation must be an Eligible Clubs: a non-professional local New Zealand sporting club or team consisting of more than one (1) person that competes in sports such as the following, against other teams: cricket, soccer/football, tennis, swimming, water polo, rugby union, rugby league, basketball, netball, golf, baseball, athletics, futsal, sailing, skiing, badminton, squash (other sporting codes considered at the Promoter’s discretion). Once a Club is nominated, the Promoter will contact the Club to undertake an eligibility and approval process. If approved, Donations will be made by the Promoter to the Eligible Club within 30 days of approval. If a Club is not deemed Eligible or is unable to receive their donation, the Promoter reserves the right to select an alternate Club to make the donation to.

Prize Winner Notification

Instant Prize Winners: Provisional Instant Prize Winners will be notified immediately on screen via the Promotion Website. They will also receive an email to their registered email address within two (2) business days of being determined an Instant Prize Winner.

Major Prize Winners: The Major Prize Winner will be notified via email within two (2) business days of being determined a Major Prize Winner.

Second Chance Draw  (applicable to Instant Win Prizes only)

All un-won Instant Win prizes from the advertised prize pool will be automatically placed in a Second Chance Draw which will take place at 12-16 Nicholls Lane, Parnell, Auckland, New Zealand at 12.00pm NZST on 28 August 2023. The draw is electronic and winner(s) will be selected at random. The winner(s) will be notified by email within two (2) business days.

Prize Winner Publication Details

The first name and suburb of all Instant Win and Major Prize Winners will be published on www.nestle.co.nz/productnewscompetitions/winners by 5.00pm NZST on 1 September  2023.

Prize Claim Date

All Instant Win and Major Prizes must be claimed by 5.00pm NZST on 29 September 2023 by responding to the Prize Winner Notification. If the prize is not claimed by the Prize Claim Date, the prize will be forfeited and the Promoter may determine an alternative winner via an Unclaimed Prize draw.

Unclaimed Prize Draw

In the event that an Instant Win or Major Prizes is won but not claimed by the Prize Claim Date, or an entry is or otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the promotion to distribute unclaimed prizes at 12-16 Nicholls Lane, Parnell, Auckland, New Zealand at 12.00pm NZST on 6 October 2022. The draw is electronic and winner(s) will be selected at random. Winners will be notified via email and have their details published at www.nestle.co.nz/productnewscompetitions/winners on the same date.

Conditions of Entry

1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.

2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.

3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.

4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

5.    Entry by SMS: Should the Promotion require an SMS entry, the cost of sending a text entry is the responsibility of the entrant and will not exceed their usual cost to send a text message.

6. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.

7. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value.

8. Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.

9. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.

10. Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.

11. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. The Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.

12. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.

13. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.

14. Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.

15. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.

16. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

17. Prize Delivery: Prizes will only be delivered in New Zealand and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated New Zealand bank account details for their prize money to be deposited. 18. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of

18 years to be accompanied by their parent or legal guardian throughout prize fulfilment. 19. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within New Zealand. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.
 
20. Consumer Guarantee: Each prize winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993 [NZ] where to do so would contravene that statute or cause any part of these terms and conditions to be void.

21. Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.

22. Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion. The Promoter reserves the right to refuse to allow a winner (and their nominated companions) to take part in any or all aspects of a prize if the Promoter determines, in its absolute discretion, that a winner (and/or their nominated companions) are not in the mental or physical condition necessary to be able to safely participate.

23. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.

24. Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

25. Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.

26. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.  

27. Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.

28. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.

29. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.

30. Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.

31. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.

32. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.co.nz or calling 0800 830 840. 

 

CLUB ELIGIBILITY

MILO FunRaiser Promotion 2023
Important registration conditions for local non-professional New Zealand sport clubs to receive their nominated donation.

Promoter

The Promoter is Nestlé New Zealand Limited of 12-16 Nicholls Lane, Parnell, Auckland, New Zealand

Website

1. MILO FunRaiser Club Registration Website – www.nestlepromotions.co.nz/milofunraiser/clubs (www.milo.co.nz/funraiser/clubs) 2. MILO FunRaiser consumer promotion website - www.nestlepromotions.co.nz/milofunraiser (www.milo.co.nz/funraiser)

Club Eligibility Criteria

For their club to be receive their Donation, they must meet certain eligibility criteria.

Eligible Clubs must be:

- A local New Zealand sporting club or team. A local sporting club or team is a non-professional sports team or club consisting of more than one (1) person that competes in a sport such as cricket, soccer/football, tennis, swimming, water polo, rugby union, rugby league, basketball, netball, golf, baseball, athletics, futsal, sailing, skiing, badminton, squash against other teams. Other sporting codes by discretion. Exclusions apply at the discretion of the Promoter; and

- Must have a bank account in the name of the Eligible Club that the Donation will be deposited in.

A representative who registers to be receive a Donation as part of the MILO FunRaiser Promotion on behalf of the Participating Club must be aged 18 years or over and must have the authority to register the Participating Club in the MILO FunRaiser Promotion on behalf of the Participating Club.

Note: For the avoidance of doubt, a Donation in the MILO FunRaiser Promotion is to be awarded to the Club and not to the individual representative who nominated or registered the Participating Club in the MILO FunRaiser Promotion on the Participating Club’s behalf.

Registration Method

1. To register, the Eligible Participating Club must satisfy the above criteria and also complete the online registration form (found www.milo.co.nz/funraiser/clubs)

2. Including (but not limited to) their full name, Participating Club name, Club email address, Club phone number, Club bank account number;

3. Upload an image that demonstrates the financial support that the Participating Club needs.  In doing so, the Participating Club agrees to this photo being used for publicity and promotion purposes. If the photo contains images of people, please ensure that they have permission from all parties prior to uploading the image. Images should not contain photos of children;

4. Insert a short description of the support their club needs (maximum 100 words) and which explains the image;

5. Click on ‘submit’ to finalise their registration. Registration must be completed within  10 business days of notification of Donation by the Promoter.

All submissions will be reviewed by the Promoter within 5 business days.

By submitting their registration, the Eligible Club agrees to the Promoter using their photo / Club description registration content without obligation or compensation to them which including (but not limited to) MILO digital channels and for publicity and promotion purposes.

The total amount nominated by our Winners in the MILO FunRaiser Promotion will be paid to the Eligible Club (if approved) in one lump sum in the form bank transfer or cheque within 30 days. If a Eligible Club does not complete their registration within 10 business days of notification of Donation by the Promoter or are unable to receive their donation, the Promoter reserves the right to select an alternate club to make the Donation to.

Further information on the MILO FunRaiser promotion 2023

The MILO FunRaiser Promotion occurs between 26 June and 20 August 2023. To enter the Promotion, consumers will be asked to purchase a participating MILO product from a participating retailer and to go www.nestlepromotions.co.nz/milofunraiser (www.milo.co.nz/funraiser) to enter. If a consumer wins, they will be deemed a provisional Prize Winner (subject to verification). Once verified the winner will win $500 gift card for themselves, and the winner will be asked to nominate a local New Zealand non-professional sporting club for the Promoter to donate $500 (via bank transfer/cheque) to. We will contact nominated clubs and ask them to complete the registration form in order receive their Donation.

There are 50 x $500 prizes to be won with a total prize pool of $25,000. In addition the Promoter will donate $500 to Eligible Clubs (as nominated by Prize Winners at time of entry) up to $25,000.

Full details and T&Cs of the MILO FunRaiser Promotion can be found at www.nestlepromotions.co.nz/milofunraiser (www.milo.co.nz/funraiser)

Conditions of prize

As per conditions of entry below. Prizes are not transferable.

Eligible Clubs will need to consider their own tax position when accepting Donations of funds raised within the MILO FunRaiser Promotion.

Conditions of Entry

1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.

2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.

3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.

4.    Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

5. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.

6. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.

7. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash. 8.    Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

9.    Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.

10. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.

11. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.

12. Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.  

13. Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.

14. Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion.

15. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.

16. Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

17. Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.

18. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.  

19. Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.

20. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.

21. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.

22. Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.

23. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.

24. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.co.nz or calling 0800 830 840.