CADBURY TWIRL & WIN PROMOTION
CADBURY TWIRL & WIN PROMOTION
Mondelez Australia Pty Ltd (ABN 78 004 551 473)
Level 10, 75 Dorcas Street, South Melbourne VIC 3205
1800 033 275
Who can enter?
You can only enter this promotion if you:
a) are an Australian resident; and
b) are aged 18 years or older; and
c) agree to these Terms and Conditions.
Authorised under NSW: TP/00437; ACT: TP21/00841; SA: T21/786.
WHEN AND WHERE WILL THE PROMOTION RUN?
Instant Win Promotion Period
The promotion starts at 12:01am AEST on 04/08/21 and ends at 11:59pm AEST on 02/09/21.
TikTok Contest Promotion Period
The promotion starts on 12:01am AEST on 06/08/21 and ends at 11:59pm AEST on 02/09/21.
collectively, Promotion Period. No entries will be accepted after close of the Promotion Period.
Where will the Promotion Run?
The promotion will run in any Woolworths, Woolworths Metro, Woolworths MetroGo stores located in Australia (in-store and online) that sells Cadbury, Europe, Fry’s or Toblerone products (Participating Stores).
For the avoidance of doubt, Caltex/Ampol, Woolworths co-branded Metro stores and fuel outlets are excluded from the promotion.
How to Enter
There are two (2) components to the Promotion: instant win and the TikTok contest. Individuals can enter one (1) or both components of this Promotion by completing the steps as outlined below.
1. To enter the Instant Win component of the Promotion, you must complete the following steps during the Instant Win Promotion Period:
a) Purchase any CADBURY, Europe, FRY’S or TOBLERONE 30g–60g bar (excluding CADBURY DAIRY MILK FREDDO 35g, CADBURY DAIRY MILK CARAMELLO KOALA 35g, CADBURY CHOMP 30g), each a Participating Product, from a Participating Store (Qualifying Purchase);
b) Visit cadbury.com.au/twirl (Website);
c) Click through to the competition entry page on the Website;
d) Input all the requested details, upload a scanned copy of your purchase receipt clearly showing the Qualifying Purchase; and
e) Submit the fully completed online entry form.
2. After submitting their valid entry, each entrant will be notified immediately on screen as to whether or not they are an Instant Prize winner and will be given instructions on how to claim their instant Prize. Non-winners will also be notified immediately on screen that they are not successful.
1. To enter the TikTok Contest component of the Promotion, you must complete the following steps during the TikTok Contest Promotion Period:
a) Sign up or log into your TikTok account;
b) Record a video of yourself using the Twirl-branded effect (Video); and then
c) Upload and publish the Video to your TikTok account.
For removal of doubt, individuals must have their TikTok profile set to public in order to be eligible to enter.
2. For removal of doubt, a Qualifying Purchase is not required to enter the TikTok Contest component of the Promotion.
Proof of Purchase Requirements
You must retain a copy of your itemised receipt/s to verify each Instant Win entry (Proof of Purchase).
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 entrant’s Instant Win entries and forfeiture of any right to an Instant Prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotion Period but prior to entry.
What are the Entry Limits?
Multiple entries are permitted, subject to the following:
a) each entry is based on a separate Qualifying Purchase;
b) each Qualifying Purchase has been made in a separate transaction and a separate original itemised receipt has been issued;
c) each entry is submitted separately in accordance with these Terms and Conditions;
d) a maximum of one (1) entry per person per day; and
e) a maximum of four (4) entries per household during the Instant Win Promotion Period.
For clarity, an entrant is able to be declared a winner for more than one (1) Instant Prize.
Important note: each original itemised receipt is valid for one (1) entry into this promotion, regardless of the number of Participating Products purchased in a Qualifying Transaction.
Multiple entries permitted, subject to the following:
a) each entry must be substantially unique;
b) a maximum of two (2) entries per person per day; and
c) each entry must be submitted separately and in accordance with these Terms and Conditions.
WINNER DETERMINATION DETAILS
Instant Win/Judging Details
Instant Prize winners will be determined based on pre-determined, randomly generated times via a computer system at Pilgrim Communications, Suite 51A / 23 Norton Street, Leichhardt NSW 2040.
1. There will be one (1) round of judging conducted for entries received each week of the TikTok Contest Promotion Period, for a total of four (4) rounds of judging (Weekly Judging). Entries into each Weekly Judging will open and close at the times and dates specified in the table below. All judging will take place at Level 1, 90 York Street, South Melbourne, 3205, VIC at 2:00pm AEST on the dates in the table below. The judges may select additional reserve entries which they determined to be next best, and record them in order, in case of an invalid entry or ineligible entrant. Non-winning entries in each Weekly Judging will not be entered into any subsequent rounds of Weekly Judging.
12:01am AEST on 06/08/21
11:59pm AEST on 12/08/21
12:00am AEST on 13/08/21
11:59pm AEST on 19/08/21
12:00am AEST on 20/08/21
11:59pm AEST on 26/08/21
12:00am AEST on 27/08/21
11:59pm AEST on 02/09/21
2. The TikTok Contest is a game of skill and chance plays no part in determining the winners. Each Video entry will be judged individually based on a combination of creatvitiy, entertainment value and brand suitability.
3. The best five (5) valid entries in each Weekly Judging, as determined by the judges, will each win a Weekly Prize.
- One-thousand (1,000) Instant Prizes; and
- Twenty (20) Weekly Prizes (five (5) Weekly Prizes to be won each week during the TikTok Contest Promotion Period).
Each Instant Prize is a Woolworths Supermarket eGift Card valued at $50.00.
Each Weekly Prize is a pre-paid Mastercard valued at $500.00.
Total Prize Pool
The total overall prize pool is valued at $60,000.00.
The total game of chance prize pool is valued at $50,000.00
The total game of skill prize pool is valued at $10,000.00.
Any ancillary costs associated with redeeming the Woolworths Supermarket eGift Card are not included. Any unused balance of the Woolworths Supermarket eGift Card will not be awarded as cash. Woolworths Group Ltd (ABN 88 000 014 675) is the issuer of the Woolworths Supermarket eGift Card, but is not the promoter of this offer, nor responsible for fulfillment of the offer terms. Woolworths Supermarket eGift Cards are redeemable at participating stores only. For a list of participating stores and full eGift Card Terms and Conditions visit woolworths.com.au/giftcards.
Any ancillary costs associated with redeeming a digital pre-paid Mastercard are not included. Any unused balance of the digital pre-paid Mastercard will not be awarded as cash. Redemption of the digital pre-paid Mastercard is subject to any terms and conditions of the issuer including those specified on the digital pre-paid Mastercard.
Mastercard is the issuer of the digital pre-paid Mastercard but is not the Promoter and is therefore not responsible for the prizes, products, or services under the promotion or the fulfilment of these Terms and Conditions. Mastercard is responsible for the fulfilment of the terms and conditions of the digital pre-paid Mastercard. Digital pre-paid Mastercards are redeemable at participating stores only. Participating stores may change from time to time. Mastercard’s terms and conditions apply. See https://www.mastercard.com.au/en-au.html for full terms and conditions and for a list of participating stores.
NOTIFICATION & PUBLICATION
Notification of Winners
Winners of an Instant Prize will be notified immediately onscreen.
Winners of a Weekly Prize will be notified by direct comment from the Promoter on their entry or TikTok Direct Message within two (2) business days of the relevant Weekly Judging date.
Winners’ names and State/Territory of residence will be published on the Website from 07/09/21.
VERIFICATION & DELIVERY
Entrants and winners may be required to:
a) provide proof of identity, proof of age and proof of Australian residency to verify their entry (Proof of Identity). Identification considered suitable for verification is at the Promoter’s discretion; and
b) send their Proof of Purchase (for all entries submitted during the Entry Period) to the Promoter to verify that the relevant prize should be awarded.
If an entrant/winner fails to provide Proof of Identity and/or Proof of Purchase by the time and date stipulated by the Promoter, their entry/prize claim will be deemed invalid at the Promoter’s discretion.
Once an entrant/winner is deemed by the Promoter to have complied with these Terms and Conditions, the Promoter will deliver the relevant prize within 28 days of the winner’s entry being verified and accepted.
Instant Prizes will be sent to winners’ email address as provided at the time of entry.
Weekly Prizes will be sent to winners’ email address as provided to the Promoter at the time of winner notification/verification.
PRIZE CLAIM DETAILS
Prize Claim Details
If a winner of a prize fails to claim their Prize by 11:59pm AEDST on 10/01/22, they will forfeit their prize and it will be re-awarded in the Unclaimed Prize Draw (as outlined below).
UNCLAIMED PRIZE DETAILS
Unclaimed Prize Draw Details
In the event of any unclaimed or unwon prize/s, the Promoter will conduct an unclaimed prize draw, subject to any directions from a regulatory authority as follows:
Method: random electronic selection.
Time: 10:00am AEDT on 11/01/22
Location: Anisimoff Legal, Suite 5, Erina Plaza 210 Central Coast Highway, Erina NSW 2250.
Any winner/s in the Unclaimed Prize Draw will be notified in writing within two (2) business days of the Unclaimed Prize Draw and in the event of any winner/s their names and state/territory of residence will be published on the Website on 14/01/22 for a period of 28 days. If required, the Unclaimed Prize Draw will be conducted in the presence of an independent scrutineer.
Collection and use of your personal information
If you are a 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.
The Promoter may collect your personal information directly or through its agents or contractors. The Promoter will use your personal information to conduct and manage the competition. The Promoter may disclose your personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you or storing data or to hold and use for fraud prevention purposes. This may include disclosures to organisations outside Australia including in places such as New Zealand, Switzerland, Singapore, United Kingdom and the United States of America.
• 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.
Terms and Conditions
1. These Terms and Conditions must be read together with the Schedule for this promotion. The Schedule prevails to the extent of any inconsistency with these Terms and Conditions.
2. Information on how to enter and the prize(s) form part of these Terms and Conditions. By participating in this promotion, you accept these Terms and Conditions.
3. You can only enter this promotion if you meet the eligibility requirements set out in the Schedule.
4. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, the Participating Stores or of the agencies or organisations associated with this promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.
5. By entering this promotion, if requested you agree to declare to the Promoter all past, current or potential conflicts of interest (if any) or any serious social misconduct or behavior that in a normal persons opinion may compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.
6. The promotion will be conducted during the Promotion Period.
7. All entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt into the Promoter’s database and not at the time of transmission by the entrant.
8. You can only submit your entry in accordance with the “How to Enter” section of the Schedule. The Promoter will not accept entries in any other form. Once submitted, you cannot change, alter or delete your entry.
9. Automated entries and computer generated entries will not be accepted. Entrants who enter using multiple phone numbers, email addresses or aliases will be disqualified.
10. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other instructions or guidelines notified by the Promoter during the entry process for the promotion.
11. You are responsible for all costs associated with entering this promotion, including but not limited to Internet costs.
Determining and notifying winners
12. Winners will be determined, notified and published as set out in the Schedule.
13. The Promoter and the companies and agencies associated with this promotion may also publish the name and state/territory of residence for winners on their websites, social media platforms and in trade publications. By entering this promotion, each entrant consents to this and requests that his or her full address not be published.
14. The prize(s) are as specified in the Schedule. The prize(s) are subject to any additional terms and conditions as specified in the Schedule.
15. Prizes will be delivered to the address provided by the winner at the time of entry or completing the verification process (whichever is most recent).
16. Once dispatched and awarded to a winner, the Promoter is not be liable for any prize that has been lost, stolen, damaged, defaced or tampered with in any way.
17. Prizes must be claimed in accordance with the Prize Claim Details section of the Schedule.
18. If a prize is not accepted or claimed in accordance with the Prize Claim Details, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the relevant unclaimed prize in accordance with the details specified in the Schedule, subject to any directions given by any relevant gaming authority. Winners of unclaimed prizes will be notified and published in accordance with the details set out in the Schedule.
19. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
20. 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.
21. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, prohibit further participation by an entrant or winner in this promotion, or invalidate a provisional winner if the entrant/winner:
a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion (including where entrants share their Proof of Purchase to enter the Promotion or where entrants use multiple names, addresses or aliases to register multiple entries);
c. submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;
d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;
e. engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading or deceptive;
f. or engages in conduct which may, in the opinion of the Promoter, compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.
22. Entrants and winners must comply with the details set out in the Verification Requirements section of the Schedule as part of the entry verification or prize claim process. Failure to comply with the Verification Requirements to the Promoter’s satisfaction will result in your entry and/or prize claim being declared invalid (and, at the Promoter’s discretion, in all of your entries/prize claims being declared invalid).
23. All entries will be the property of the Promoter and will not be returned.
24. Prizes are not transferable, exchangeable for any other item and cannot be redeemed for cash or any other form of compensation (unless cash is specified). The value of each prize is accurate as at the time of preparation of this material, is the RRP value and is inclusive of GST. The Promoter accepts no responsibility for any variation in the value of a prize after that time. If a prize (or element of a prize, where applicable) is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value and/or specification, subject to the approval of the any relevant gaming authorities as required.
25. If a winner does not take a prize or an element of a prize at the time stipulated by the Promoter, then that prize or element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.
26. Any cost associated with accessing the promotional Website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d. the Content is the original work of the entrant that does not infringe the rights of any third party or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
28. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
29. If requested by the Promoter, entrants and winners must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material, on the Promoter’s websites, social media platforms and in trade publications.
30. If for any reason any aspect of this promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, pandemic, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries, subject to the approval of the relevant gaming authorities, if required.
31. The Promoter’s decisions in connection with the promotion are final and no correspondence will be entered into.
32. The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
33. Prizes will only be delivered to addresses in Australia, as applicable. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
34. The Promoter may at its absolute discretion prohibit an entrant’s participation in this promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter’s opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.
35. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.
36. Entry and continued participation in the TikTok element of the promotion is dependent on entrants following and acting in accordance with the TikTok Terms of Service which can be found at www.tiktok.com/legal/terms-of-service.
37. The TikTok element of the promotion is in no way sponsored, endorsed or administered by, or associated with, TikTok. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to TikTok. TikTok will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.