TERMS AND CONDITIONS

  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian and New Zealand residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  4. Entries into the promotion open at 12am AEDT on 17/01/22 and close at 11:59PM AEDT 06/03/22 (“Promotional Period”).
  5. To be eligible to enter, individuals must purchase, any specially marked Tic Tac 24g pack from any retailer in Australia or New Zealand during the Promotional Period (“Qualifying Purchase”).  Each specially marked Tic Tac 24g pack will contain a unique code located inside the pack (“Unique Code”).
  6. To enter, entrants must complete the following steps during the Promotional Period:
    1. visit tictac.com and follow the prompts to the promotion entry page;
    2. input the requested details (including full name, email address, phone number, retail store of Qualifying Purchase and delivery address);
    3. input the Unique Code of the product purchased in the Qualifying Purchase;
    4. check the box to consent to the Promoter’s collection of personal information in accordance with their privacy policy; and
    5. submit the fully completed entry form.
  7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted Qualifying Purchase, regardless of how many Tic Tac 24g packs in excess of one (1) are purchased; (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) Unique Code per entry is permitted; (d) the same Unique Code cannot be used more than once; (e) unrecognised Unique Codes will be deemed invalid and (f) a maximum of one (1) entry per person per day is permitted (to be validated by email address and any other means determined by the Promoter, acting reasonably).
  8. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase and a copy of the Unique Code. Failure to produce the proof of purchase or Unique Code for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
  9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  10. Incomplete, indecipherable or illegible entries will be deemed invalid.
  11. 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.
  12. There will be seven (7) draws conducted for this promotion.  Entries close for each draw on the dates and times specified in the table below.  All draws will take place at 11am AEDT at Anisimoff Legal, Suite 5/210 Central Coast Hwy, Erina NSW 2250 on the dates specified in the table below. All times indicated are AEDT.  Entries in each minor draw will be entered into any subsequent minor draws.  Winners will be notified in writing within two (2) business days of the draw and published on tictac.com on the dates specified in the table below.
    Draw Entries close Draw date Publication date Number of Winners Drawn
    1 23/01/22 25/01/22 28/01/22 35
    2 30/01/22 01/02/22 04/02/22 35
    3 06/02/22 08/02/22 11/02/22 35
    4 13/02/22 15/02/22 18/02/22 35
    5 20/02/22 22/02/22 25/02/22 35
    6 27/02/22 01/03/22 04/03/22 35
    7 06/03/22 08/03/22 11/03/22 40

     

  13. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  14. The Promoter’s decision is final and no correspondence will be entered into.
  15. The first valid entries drawn, up to the number indicated in the far-right column in clause 12 above, will each win a Red Balloon Voucher valued at $100.00.
  16. Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.  The voucher can only be used in the entrant’s country of residence (i.e. Australian vouchers can only be used in Australia and New Zealand vouchers can only be used in New Zealand).
  17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  18. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  19. Total prize pool value is AU$25,000.00.
  20. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  21. A draw for any unclaimed prizes may take place on 08/06/22 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email and phone within two (2) business days of the draw and their names will be published on tictac.com on 10/06/22.
  22. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  23. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  25. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  26. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) the use of/taking of a prize.
  28. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.tictac.com/au/en/legal-aspects-tictacr/.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.  Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles.  By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
  29. The Promoter is Ferrero Australia (ABN 29 001 249 261) of Level 36,100 Miller Street North Sydney, NSW, 2060; telephone: +61 (02) 9409 8800.NSW Permit No. TP/00495 The Terms & Conditions for this promotion have been submitted to NSW and they are accepted.ACT Permit No. TP21/00577SA Permit No. T21/534