AUSTRALIA 2024 BLUE WAVE TERMS AND CONDITIONS

FEASTABLES “AUSTRALIA 2024 BLUE WAVE” PROMOTION

TERMS AND CONDITIONS

 

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

 

  1. Employees (and their immediate families) of the Promoter, Participating Retailers (defined below) 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.

 

  1. Entries into the promotion open at 12:00PM (noon) AEST on 23 June 2024 and close at 12:00AM (midnight) AEST on 26 June 2024 (“Promotional Period”).

 

  1. To be eligible to enter, individuals must purchase any Feastables chocolate bar product (“Eligible Products”) from any retailer in Australia that displays advertising material for this promotion or stocks the Eligible Products (“Participating Retailer”) during the Promotional Period (“Qualifying Purchase”). Individuals acknowledge that they must request a purchase receipt at the time of purchasing an Eligible Product, if one is not automatically provided to them.

 

  1. To enter, individuals must then complete the following steps during the Promotional Period:

 

    1. scan the QR code on the Eligible Product or visit  aus.feastables.com/pages/win-a-car;
    2. follow the prompts to the promotion entry page;
    3. input the requested details including full name, mobile number, email address and upload a copy of their purchase receipt;
    4. play the mini game when prompted on-screen; and then
    5. submit the fully completed entry form. 

 

  1. Once the completed online entry has been submitted, entrants will receive an on-screen notification acknowledging their entry and informing them if they have provisionally won an instant prize and, if so, details on how to verify their entry and claim their prize. For clarity, the outcome of the mini-game does not alter an entrant’s chance to be an instant winner. Winners acknowledge that they must claim their instant prize by no later than 26 July 2024.

 

  1. Multiple entries permitted subject to the following: (a) only one (1) entry permitted per Eligible Product; and (b) each entry must be submitted separately and in accordance with the entry requirements.

 

  1. If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

 

  1. All instant prize winners will be awarded a trip for two (2) people to Sydney, NSW departing on the first possible time following the winner notification, as agreed between the Promoter and the winner, in order to get the winner to the Event (defined below) as soon as possible, valued at up to AU$1,600. Prize includes:

 

    1. Return flights from the winner’s nearest capital city to Sydney, NSW. If a winner resides within NSW, the airfare component of the prize will be forfeited and not redeemable for cash;
    2. One (1) night’s accommodation in a 3-star hotel in Sydney, NSW; and
    3. Attendance at the Feastables Spectacle Event at the Sydney Opera House (“Event”) on the date and time (between 23 June 2024 and 26 June 2024) as agreed between the Promoter and the winner. Winners must bring with them to the Event at least one (1) Feastables chocolate bar.

 

  1. Spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prizes must be taken to coincide with the Event and is subject to booking and flight availability. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. Winners and their companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Winners may be required to present their credit card at time of accommodation check in.

 

  1. Once at the Event, each winner will have the opportunity to select one (1) of the ten (10) following car prizes:

 

    1. 2015 Lamborghini Huracan in White valued at up to AU$442,581;
    2. 2020 Ford Mustang R Spec in Lime Green valued at up to AU$157,570;
    3. 2013 Mercedes SL Convertible in Dark Grey valued at up to AU$81,320;
    4. 2021 BMW 520I in White valued at up to $74,960;
    5. 2017 Porsche Macan in Silver valued at up to $70,320;
    6. 2015 Tesla Model S in Red valued at up to $65,151;
    7. 2020 Tesla Model 3 in White valued at up to $55,725;
    8. 2014 Volkswagen Tiguan in White and wrapped to look like Jurassic Park valued at up to $45,832;
    9. 1997 Volvo S70 Sedan in Blue and wrapped with LazarBeam’s face valued at up to $21,930; and
    10. 2010 Toyota Hiace in White and wrapped to look like Scooby Doo Mystery Van valued at up to $21,930.

 

  1. Winners’ selections of the car prizes will be done on in order of the time each winner received their winner notification. For the avoidance of doubt, the first winner to receive the winner notification will be able to claim their choice of the car prizes, which will then continue in order of winner notification order until all ten (10) car prizes have been claimed.

 

  1. If, for whatever reason, a winner is unable to attend the Event, the winner acknowledges that they will be able to travel to Sydney, NSW on an alternative date agreed between the Promoter and the winner to claim their one (1) choice of the car prizes from an alternative location near the Sydney Opera House, as nominated by the Promoter. Alternatively, if a winner is unable to travel to Sydney, a representative of the Promoter will select one (1) car prize on the winner’s behalf. 

 

  1. All car prizes include registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The only warranty given by the Promoter with respect to a car prize is that it is roadworthy when given to the winner. No extended warranty is given. The winner can claim the car prize at the Event or such other time as agreed between the Promoter and the winner prior to 25 July 2024, and will be provided further information in relation to delivery / collection of the prize at that time.

 

  1. If a winner is, through any legal incapacity or otherwise, unable to register a car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner/the winner's parent/legal guardian if the winner is under the age of 18) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.

 

  1. Entrants must retain their original purchase receipt/s and original Eligible Product packaging for all entries as 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 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.

 

  1. 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.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. 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.

 

  1. Prize winner details (including last name, first initial and postcode) will be published at https://aus.feastables.com/pages/winner-list from 12 July 2024.

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. Subject to the unclaimed prize draw clause, if for any reason a winner does not take/redeem 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.

 

  1. 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.

 

  1. Total prize pool value is up to AUD$1,053,319. 

 

  1. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

 

  1. A draw for any prizes that have been won but remain unclaimed may take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 on 26 July 2024 at 11:00AM AEST, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing by email within two (2) business days of the draw and their last name, first initial and postcode will be published at https://aus.feastables.com/pages/winner-list from 12 August 2024.

 

  1. 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.

 

  1. 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.

 

  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

 

  1. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.

 

  1. 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 (“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.

 

  1. 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) use of a prize.

 

  1. Feastables Inc 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 the Promoter, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. Feastables will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://feastables.com/policies/privacy-policy. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI. All entries become the property of Feastables Inc. Feastables Inc is based in the United States and therefore PI will be disclosed overseas.

 

  1. The Promoter is The Trustee for UCC Australia Trust (ABN 39 571 613 410) of 2 Raceway Place, Eastern Creek, NSW 2766, telephone +61 2 8373 7666, on behalf of Feastables Inc.

 

NSW Authority No. TP/03002. ACT Permit No. TP24/ 01359. SA Permit No. T24/ 1017.