Promoter | Mondelez Australia Pty Ltd (ABN 78 004 551 473), Level 10, 75 Dorcas Street, South Melbourne VIC 3205. |
Competition Periods | 12.01am (AEDT) 01/12/2023 to 11.59pm (AEDT) 17/03/2024 |
Who can enter? | Only Australian residents who are aged 18 or over. |
Who can't enter? |
Directors, officers, management, employees and contractors (and their immediate families) of:
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 1st cousin. |
Where will the competition run? | The competition will run in any outlet in Australia (instore and online) that stocks Sour Patch Kids candy products (Stores). |
Website: | spkwin.com.au |
Qualifying Purchase: | Any Sour Patch Kids candy product from a Store. |
Entry instructions | "To enter, you must, during the Competition Period:
Your purchase receipt must clearly identify where the Qualifying Purchase was made, the product purchased (which must be/comprise a Qualifying Purchase) and the date of purchase (which must be during the Competition Period before you submitted your entry). The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry, including having the requisite photograph capability. " |
How many winners will there be and how will they be chosen? | "There will be 2,520 winners determined in respect of this competition (2,500 minor winners and 20 major
winners).
There will be 1 draw conducted. The first 20 valid entries drawn randomly from the entries received during the Competition Period will each win a major prize. The next 2,500 valid entries randomly drawn will each win a minor prize. The Promoter may draw additional reserve entries in a draw and record them in order in case a winning entry/entrant is deemed invalid, or a prize is unclaimed (Reserve Entrants). " |
What can I win? | "There are up to 2520 prizes available (20 major prizes and 2,500 minor prizes) including:
Redeem at microsoft.com/redeem by 30th June 2024. Valid payment method required. Unless you cancel, you will be charged the then-current regular membership rate when the promotional period ends. Limit: 1 per person/account. Subject to the Microsoft Services Agreement, Game Pass terms and system requirements at: www.xbox.com/subscriptionterms. Upon redemption eligible existing gaming membership(s) will upgrade to Ultimate at a conversion ratio. Prizes are promotional: Not for resale ©/™/® 2023 Microsoft" |
Total prize pool | The total prize pool is up to $53,683. |
How many times can I enter? | Maximum 3 entries per household per week, and limit one entry per separate Qualifying Purchase receipt. Each entry must be submitted separately in accordance with these Terms and Conditions. |
How and when will the winner/s be informed? | "Winners will be notified by email within two business days of determination. Major prize winners will have their name and state/territory of residence published on the Website on 29/03/2024 for a period of 28 days." |
Proof of purchase | "You must keep the following as proof of purchase for all entries:
If you don't produce the above proof of purchase for all entries when asked the Promoter may
disqualify all of your entries and you will lose any right to a prize. |
"Unclaimed prize/s" | "There will be no unclaimed minor prizes. All Game Pass prizes will be awarded to winners via
SMS/email to the phone number/email address associated with their entry. It is an entrant's
responsibility to ensure that they enter their phone number/email address correctly. If they fail
to enter their phone number/email address correctly, the prize will be forfeited. Major prize claim date: 9:00pm (AEST) 30/04/2024. Major unclaimed prize determination: 12pm (AEST) 01/05/2024 at the same location as the original draw. If a major prize has not been accepted or claimed by the prize claim date above or if, after making all reasonable attempts, the Promoter can't contact a winner (or a winner does not contact the Promoter) by the major prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and place stated above to randomly distribute the prize/s. Any winner/s will be informed by email within two business days of determination. Major prize winner/s will have their name and state/territory of residence published on the Website on 06/05/2024 for a period of 28 days. If any prize remains un-won at the end of this competition, or if a prize winner cannot be found, that information will be published on the Website on 03/06/2024. " |
Collection and use of your personal information | "If you are a Major Prize winner, you must take part in all publicity, photography and other promotional
activity as the Promoter requires, without any compensation. You consent to the Promoter using
your name and image in any promotional or advertising activity. In addition to any use that may be outlined in the Promoter’s Privacy Policy (see https://au.mondelezinternational.com/privacy-policy), if an entrant elects to opt in to receive marketing materials from the Promoter by ticking the relevant box on the online entry form, 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 claimant. The claimant will be able to opt out at any time. The Promoter’s Privacy Policy includes information about: how to seek access to the personal information the Promoter holds about you and seek correction of the information; and how to complain about a privacy breach and how the Promoter will deal with such a complaint." |
Permit numbers | "Authorised under: ACT Permit No. TP23/01957 SA Licence No. T23/1521 NSW Authority No. TP/00437" |
1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2. Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. Where relevant, entry forms/scratch cards from any other competition cannot be used for this competition, and are void if copied, forged, stolen or interfered with. Where relevant, submitted entry forms are the Promoter's property. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless the product is defective). If online or SMS entry is available, you will receive a return message confirming your entry. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
Prizes
3. Prizes and all elements of prizes must be taken as specified, as and when offered and cannot be altered or changed in any way by you or will be forfeited, and if forfeited, the Promoter will not be liable. If you forfeit the prize or any element of the prize for whatever reason, you will not be given cash or any alternative prize as a substitute. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter.
4. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share a prize.
General
5. Any failure by you or (if applicable) your companion/s to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
6. If you or your entry are deemed by the Promoter to breach these Terms and Conditions including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries and/or verifying your identity (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
7.You must not:
8.If companion/s can take the prize with you, you are responsible for your companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, you or any or all of your companion/s if they breach these conditions, whether or not legally bound by them.
9.If you (or your companion/s, if applicable), in the opinion of the Promoter (and/or a medical professional, as relevant to the circumstances), are intoxicated, under the influence of alcohol or any other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of the Promoter or any of its related entities or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict you (and your companion/s) from participating in any elements of the prize, at its discretion.
10. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.
11. If any dispute arises between you and the Promoter concerning the conduct of this competition or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this competition is final.
12. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
13. If publication will take place, by entering, you request that your full address not be published.
14. Where relevant for instant win promotions, printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid prize claim. Every instant win prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions.
15. If this competition cannot run as planned for any reason beyond the Promoter's control (for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, government directives, a pandemic, public health orders and the like), the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
16. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Liability
17. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
18. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
19. Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant). Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
20 .This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability.
*AU res 18+. Between 12.01am AEDT 1/12/23 & 11.59pm AEDT 17/3/24, buy any Sour Patch Kids candy product from any stockist in AU, scan QR code on select promotion materials or visit www.spkwin.com.au & fill out entry form (incl. receipt upload). Max 3 entries per household per week & max 1 entry per receipt. Keep itemised receipt/s. Draw: 9am AEDT 25/3/24 at Tradeable Bits, L1, 41-43 Stewart St, Richmond, VIC 3121. 20 x major prizes: Xbox Series S 512GB consoles & 12mnth Xbox Game pass valued at $690.40 ea. 2500 x minor prizes: 1 month Xbox Game pass valued at $15.95 ea. Game passes to be redeemed by 30/6/24 & subject to terms at www.xbox.com/subscriptionterms. See promo website for full T&Cs & on 29/3/24 for major prize winners. Promoter: Mondelez Australia Pty Ltd (ABN 78 004 551 473). Authorised under: ACT TP23/01957, SA T23/1521, NSW TP/00437. Prizes are promotional: Not for resale © / ™ / ® 2023 Microsoft.
SOUR PATCH IS A TRADE MARK USED UNDER LICENCE
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