“FEASTABLES AUSTRALIA LAUNCH” PROMOTION
TERMS AND CONDITIONS
- 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.
- 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 or Feastables Inc to enter into a further agreement as evidence of consent to the minor entering this promotion.
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Employees (and their immediate families) of the Promoter, Feastables Inc 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.
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Entries into the promotion open on 06/11/2023 and close at 11:59pm AEDST on 06/12/2023 (“Promotional Period”).
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To be eligible to enter, individuals must purchase any Feastables chocolate bar (“Eligible Product”) from any physical Woolworths or Ampol store in Australia that stocks Feastables chocolate bars and/or online at https://aus.feastables.com/ during the Promotional Period. Individuals purchasing in-store acknowledge that they must request a purchase receipt at the time of purchasing an Eligible Product, if one is not automatically provided to them.
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To enter, individuals must then visit https://aus.feastables.com/pages/treasure-chest follow the prompts to the promotion entry page, input the requested details, upload a copy of their purchase receipt and submit the fully completed entry form during the Promotional Period.
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At the end of the promotional Period, the Promoter and Feastables Inc will tally the number of Eligible Products purchased by each entrant during the Promotional Period and will award entries into the draw as follows:
1 - 5 Bars = 1 entry per Eligible Product purchased
6 - 10 Bars = 2 x entries per Eligible Product purchased
11 - 15 Bars = 3 x entries per Eligible Product purchased
16 + Bars = 4 x entries per Eligible Product purchased
For example, if a person purchases 3 Eligible Products during the Promotional Period, they will be entitled to a total of 3 entries into the draw (1 entry for each Eligible Product purchased). If however a person purchases a total of 16 Eligible Products during the Promotional Period, they will be entitled to a total of 64 entries into the draw (4 entries for each Eligible Products purchased).
- Entrants must retain their original purchase receipt(s) 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 and Feastables Inc, 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.
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The Promoter and Feastables Inc, reserve 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 and/or Feastables Inc 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 and/or Feastables Inc’s discretion. Failure by the Promoter/Feastables Incs to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's and/or Feastables Inc’s legal rights to recover damages or other compensation from such an offender are reserved.
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Incomplete or indecipherable illegible entries will be deemed invalid.
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If there is a dispute as to the identity of an entrant, the Promoter Feastables Inc reserve the right, in its sole discretion, to determine the identity of the entrant.
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The draw will take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 at 10:00am AEDST on 08/12/2023, in the presence of an independent scrutineer. Anisimoff Legal, on behalf of the Promoter and Feastables Inc will draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by email within two (2) days of the draw. The winner’s name will be published online at https://aus.feastables.com/pages/winner-list on 11/12/2023.
- The Promoter’s decision and the decision of Feastables In is final and no correspondence will be entered into.
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The first valid entry drawn will win a treasure chest with AUD$100,000 cash, to be awarded in accordance with the process outlined in this clause. Feastables Inc will arrange with the winner to participate in a live treasure hunt (in their local place of residence) to claim their prize. The winner will be accompanied by an influencer and a film crew and will be required to follow a map (provided by Feastables Inc) to collect their prize. For security reasons, the treasure chest will include some cash for filming purposes, however the full amount will not be inside the chest. Instead the Promoter will award the majority of the cash money via electronic funds transfer to the winner’s nominated Australian bank account. The winner acknowledges that this process will be recorded/filmed and the content obtained will be used by Feastables Inc for future promotional and marketing purposes and in accordance with Clause 19 below. The winner is responsible for providing full and accurate bank details. The Promoter will not be responsible for a banking institution reject an EFT payment, or any costs associated with locating any lost monies.
- If the winner of 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.
- Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter and/or Feastables Inc, then the prize will be forfeited.
- Total prize pool value is AUD$100,000. The prize is not transferable or exchangeable, unless otherwise specified.
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A draw for the prize, if unclaimed, may take place on 20/12/2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner (if one is required) will be notified in writing by email on the same date as the draw. The winner’s name will be published online https://aus.feastables.com/pages/winner-list on 22/12/2023.
- Entrants consent to Feastables Inc 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 Feastables Inc.
- 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 and/or Feastables Inc, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter and/or Feastables Inc reserve the right, in their 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.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.
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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 and Feastables Inc (including their respective officers, employees and agents) exclude 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.
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Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and Feastables Inc (including their respective officers, employees and agents) are 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 or Feastables Inc’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/Feastables Inc) due to any reason beyond the reasonable control of the Promoter/Feastables Inc; (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 the prize.
- As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or Feastables Inc and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
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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.
- 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. TP23/01999. SA Permit No. T23/1543