“NUTELLA ROAD TRIP” 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.
  2. Entry is only open to Australian residents aged 13 years or over. Individuals must have a Facebook account in order to access the promotional page.
  3. Entrants between the ages of 13 and up to but not including 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.
  4. 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.
  5. Entries into this promotion will open and close on the following dates and times which will correspond to a promotional post on the Nutella Facebook page promoting a specific location at which a promotional Nutella truck will appear (each location referred to herein as “Stop”). This date range is collectively referred to herein as the “Promotional Period”:
    • Chatswood – entries open on 08/05/2018 and close at 3pm AEST on 10/05/2018;
    • Cronulla – entries open on 09/05/2018 and close at 3pm AEST on 11/05/2018;
    • Griffith – entries open on 12/05/2018 and close at 3pm AEST on 14/05/2018;
    • Adelaide – entries open on 15/05/2018 and close at 3pm ACST on 17/05/2018;
    • Port Augusta – entries open on 16/05/2018 and close at 3pm ACST on 18/05/2018;
    • Port Lincoln - entries open on 18/05/2018 and close at 3pm ACST on 20/05/2018;
    • Bunbury - entries open on 23/05/2018 and close at 3pm AWST on 25/05/2018;
    • Murray Street Mall - entries open on 24/05/2018 and close at 3pm AWST on 26/05/2018; and
    • Perth – entries open on 25/05/2018 and close at 3pm AWST on 27/05/2018.

The Promoter will be attending the above locations with their promotional Nutella truck the day after entries close for each Stop.

  1. To enter individuals must, during the applicable Promotional Period for a Stop, visit the Nutella Facebook page at www.nutella.com/roadtrip during the applicable Promotional Period for their chosen Stop, locate the promotional post for their chosen Stop and answer the promotional question (“Promotional Question”) as outlined on the promotional post via a comment to that promotional post. Entries unrelated to the theme or deemed to be unsuitable by the Promoter will not be included as valid entries to the competition.
  2. Each entrant warrants to the Promoter that each entry submitted is an original response of the entrant that does not infringe on the rights of any third party. The response featured in each entry must comply with the provisions contained in clause 21.
  3. All entries are subject to review by the Promoter for compliance with these Terms and Conditions. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, will at the discretion of the Promoter be removed from the Facebook Page. In addition, any entrant that submits such content will not be eligible to win.
  4. Incomplete or indecipherable entries will be deemed invalid.
  5. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
  6. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will 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.
  7. 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.
  8. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the creative merit of entry. There will be one (1) winner for each Stop, with nine (9) winners in total. The judging will take place at the Promoter’s office, 168 Walker St, North Sydney NSW 2060 by 5pm AEST on the day entries close for each Stop. Each entry will be individually judged based on literary and creative merit of the answer provided to the Promotional Questions. Winners will be notified by a Facebook comment.
  9. The winners, as determined by the judges, will each win the following Nutella prize pack valued at $51.94:
    •  Nutella merchandise pack;
    • One (1) of every menu item from the promotional Nutella truck (subject to availability of items); and
    • VIP treatment (i.e. instant front of line) for the promotional Nutella truck at the Stop.

The winners must claim/redeem their prize at the Stop as per their entry. In the event a winner does not take/redeem their prize at their Stop as per their entry then they will forfeit their right to the prize.

  1. The Promoter’s decision is final and no correspondence will be entered into.
  2. Any ancillary costs associated with redeeming a prize are not included.
  3. If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
  4. Total prize pool value is $467.46.  Prizes are not transferable or exchangeable.
  5. 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.
  6. When an entrant submits any materials via the promotion including recipes, comments and photos (“Content”), the entrant, unless the Promoter advises otherwise, 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 such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
  7. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove 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) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
  8. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  9. 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.
  10. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
  11. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
  12. 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 State 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.
  13. 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 tax liability incurred by a winner or entrant;  (e) taking and/or use of a prize; or (f) if any Stop is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter.
  14. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.nutella.com/en/au/privacy-policy.  The Promoter may, for an indefinite period, unless otherwise advised, use the information 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. The Promoter may disclose entrant’s PI overseas – see Privacy Policy for details.
  15. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
  16. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. 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 Facebook. Facebook 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.
  17. The Promoter is FERRERO AUSTRALIA PTY LTD (ABN 29 001 249 261) of 168 Walker St, North Sydney NSW 2060.