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Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

Nestlé – TRADE PROMOTION TERMS AND CONDITIONS 

Schedule to Conditions of Entry

Promotion Name

NESCAFE CAFÉ CREATIONS WIN A SHARE OF TEN MILLION FLYBUYS POINTS (50 x 200,000 Flybuys points prizes to be won)

Promoter

The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138.

Permit Numbers

Authorised under permit numbers NSW TP/02214, ACT Permit No. TP 22/01962.1 and SA Permit No. T22/1613

Website

www.nescafe.com/au/Cafe-Creations-Flybuys-promotion  

Promotional Period

The Promotion starts at 12:01am AEST on 19 April 2023 and closes at 11:59pm AEST on 23 May 2023.

Entry Restrictions

Subject to clause 3 of the Conditions of Entry, entry is open to:
 

Note: for the purpose of these Terms and Conditions a valid “Flybuys member” is any person who is a Registered Cardholder of the Flybuys Program. “Registered Cardholder” means a holder of a Flybuys Card (“Registered Card”) issued by Flybuys excluding holders of temporary Flybuys Cards. The Flybuys member account must include the member’s full name, a valid postal address, a valid email address and a valid contact number current at time of draw and prize distribution). Details of the Flybuys Program (including terms and conditions of the program) are accessible at https://experience.flybuys.com.au

Participating Product(s)

 

All NESCAFE CAFÉ CREATIONS 6pk, 8pk, 10pk and 26pks sold in Coles including:

 

NESCAFE CAFÉ CREATIONS MOCHA 26pk

NESCAFE CAFÉ CREATIONS CAPPUCCINO 26pk

NESCAFE CAFÉ CREATIONS CARAMEL LATTE 26pk

NESCAFE CAFÉ CREATIONS CAPPUCCINO STRONG 26pk

NESCAFE CAFÉ CREATIONS HAZELNUT LATTE 26pk

NESCAFE CAFÉ CREATIONS VANILLA LATTE 26pk

NESCAFE CAFÉ CREATIONS FLAT WHITE 26pk

 

NESCAFE CAFÉ CREATIONS CAPPUCCINO 10pk

NESCAFE CAFÉ CREATIONS CAPPUCCINO STRONG 10pk

NESCAFE CAFÉ CREATIONS CAPPUCCINO SKIM 10pk

NESCAFE CAFÉ CREATIONS MOCHA 10pk

NESCAFE CAFÉ CREATIONS CARAMEL LATTE 10pk

NESCAFE CAFÉ CREATIONS VANILLA LATTE 10pk

NESCAFE CAFÉ CREATIONS CAPPUCCINO DECAF 10pk

NESCAFE CAFÉ CREATIONS DOUBLE SHOT LATTE 10pk

NESCAFE CAFÉ CREATIONS SCORCHED ALMOND LATTE 10pk

NESCAFE CAFÉ CREATIONS SCORCHED ALMOND LATTE - SALTED CARAMEL 10pk

NESCAFE MILKY BAR WHITE CHOCOLATE MOCHA 10pk

NESCAFE MILKY BAR GOLD CHOCOLATE MOCHA 10pk

NESCAFE CAFÉ CREATIONS CRÈME BRULEE LATTE 10pk

NESCAFE CAFÉ CREATIONS  CARAMEL SLICE LATTE 10pk

NESCAFE GOLD ALMOND LATTE 6pk

NESCAFE GOLD COCONUT LATTE 6pk

 

NESCAFE CAFÉ CREATIONS 98% SUGAR FREE MOCHA 10pk

NESCAFE CAFÉ CREATIONS 98% SUGAR FREE CARAMEL LATTE 10pk

NESCAFE CAFÉ CREATIONS 98% SUGAR FREE LATTE 10pk

NESCAFE CAFÉ CREATIONS 98% SUGAR FREE MOCHA 26pk

NESCAFE CAFÉ CREATIONS 98% SUGAR FREE CARAMEL 26pk

 

Entry Method

 

 

To enter, Eligible Entrants must during the Promotional Period:
 

1. In a single transaction, purchase one (1) or more Participating Product(s) from the list above from a Participating Retailer (“Eligible Purchase”). A Participating Retailer is any Coles supermarket in Australia (including Coles online at www.coles.com.au) that stocks the Participating Product(s) and displays material advertising this Promotion;
 

2. Scan their Flybuys card with purchase or have by linking their Flybuys card to their Coles online account prior to finalising the transaction.
 

Entry will be automatically recorded on purchase.
 

*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/online 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 (except for SA residents).

Draw Details

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

Prize

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

Type

No. Available

Details

Value

Major Prize

Fifty (50)

The Major Prize will consist of:

  • 200,000 Flybuys points transferred to the Major Prize Winners Flybuys account.

Up to $1,000


 

Value of Prize Pool

Up to approximately $50,000

Conditions of prize

As per Conditions of Entry. Prizes are not transferable and cannot be converted to cash.

Details of the Flybuys Program (including terms and conditions of the program) are accessible at https://experience.flybuys.com.au

Prize Draw

The prize draw will take place at Tactics Marketing Support, Unit 19/8 Tilley Lane, Frenchs Forest NSW 2086 on. 10:00am AEST on 2 June 2023. The first fifty (50) valid entrants drawn will be deemed Major Prize Winners and will win a Major Prize.

Prize Winner Notification

Major Prize Winners will be notified in writing within 7 days of the draw from

Flybuys (or their agent) by 5.00pm AEST on 9 June 2023.

Note: Eligible Entrants should ensure that their Flybuys membership contact details are up to date. Visit https://experience.flybuys.com.au/my/details for more information.

Prize Winner Publication Details

Subject to the Major Prize Winners consenting to Flybuys and/or Coles sharing the Major Prize Winners names to the Promoter, the first name and suburb of the Major Prize Winners will be published on www.nestle.com.au/productnews/winners by 5.00pm AEDT on 23 June 2023.

Prize Claim Date

All Prizes must be claimed by 5.00pm AEDT on 25 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 the prize is won but not claimed by the Prize Claim Date, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the promotion to distribute unclaimed prizes at Tactics Marketing Support, Unit 19/8 Tilley Lane, Frenchs Forest NSW 2086 at 10.00am AEST on 28 September 2023. The draw is electronic and winner(s) will be selected at random. Winners will be notified in writing within 7 days of the draw from Flybuys (or their agent) by 5:00pm AEST on 5 August 2023 and have their details published at www.nestle.com.au/productnews/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 vary depending on the mobile network used. Total cost of text entry made within Australia will not exceed 60 cents including GST, whether sent during the Promotional Period or not. Entrants may need to consult their mobile phone provider prior to entering the Promotion.
     
  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. The name of any prize winner will be published on the internet at www.nestle.com.au/productnews/winners
     
  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 Australia and each prize will be automatically allocated to the Flybuys Account associated with the Winner’s Entry within 28 days from prize winner determination.
     
  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 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.
     
  20. Australian Consumer Law: The winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) 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.
     
  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.com.au or calling 1800 025 361.