Promoter

Mondelez Australia Pty Ltd (ABN 78 004 551 473), Level 10, 75 Dorcas Street, South Melbourne VIC 3205.

Competition Period

12.01am (AEST) on 08/06/19 to 11.59pm (AEST) on 29/07/19

Who can enter?

You can only enter this promotion if you are:

  1. an Australian resident; and
  2. aged 18 years or older.

Who can't enter?

Directors, officers, management and employees (and their immediate families) of:

  1. the Promoter; and
  2. the agencies, companies or participating premises associated with this competition.

Where will the Promotion run?

The promotion will run in participating Big W stores in all Australian States and Territories (Participating Stores).

Website

www.fundraising.com.au/generouscommunities

Entry instructions

You must create a 30 second video demonstrating how Cadbury Fundraising contributes to your netball team and local community (Video). Your Video should be creative, honest and light hearted. Your Video must not promote any other food/confectionary brands.

Once you have created your Video, you must enter the competition during the Competition Period as follows:

  1. visit the Website and locate the entry page; and
  2. fill out and submit the online entry form, including by specifying the relevant local community team/club/group the Video relates to, uploading your Video, providing all requested information, signing up to (or confirming you are already signed up to) the Cadbury Fundraising mailing list and agreeing to these Terms and Conditions.

Your nominated community team/club/group must have consented to you submitting your entry. You are responsible for ensuring that your nominated community team/club/group has consented to you submitting your entry.

All entries must comply with the Entry conditions as set out in paragraphs 2-8 of these Terms and Conditions or they will be deemed invalid.

By entering this promotion, you agree and understand that your entry and Video may be used by the Promoter for promotional purposes in marketing, advertising and promotional materials. Your Video can include other people but it is your responsibility to ensure that each person depicted in your Video (and, if they are under 18, their parent/guardian) has consented to you submitting that Video in this competition and to signing any required documentation provided by the Promoter for this purpose and understands that their image/footage may be used by the Promoter for promotional purposes in marketing, advertising and promotional materials.

How many winners will there be and how will they be chosen?

This is a game of skill. A judging panel appointed by the Promoter will review each valid entry and will judge the entries based on creativity, originality, brand suitability and the extent to which Videos demonstrate inclusiveness, support of young people in your community and how Cadbury Fundraising contributes to your netball team. Chance plays no part in how the winners will be selected.

There will be several judging periods, as set out below. Non-winning entries will roll over from one judging period to the next. There will be a total of up to 5 winners determined.

  • Judging period 1 ends at 11.59pm (AEST) on 17/06/19 – up to 1 winner determined;
  • Judging period 2 ends at 11.59pm (AEST) on 08/07/19 – up to 2 winners determined; and
  • Judging period 3 ends at 11.59pm (AEST) on 29/07/19 – up to 2 winners determined.

All judging decisions are as determined by representatives of the Promoter, in their absolute discretion. The Promoter reserves the right, in its absolute discretion to not select a winner for a particular judging period, and/or to select more than the number of winners stated above in respect of a particular judging period.

What can I win?

There are up to 5 prizes available. The Promoter reserves the right to determine less than 5 winners and therefore award less than 5 prizes.

Each prize consists of:

  • $5,000 awarded via EFT to your team/club/group;
  • 10 x Cadbury Fundraising boxes valued at $360 to be used by your team/club/group in accordance with https://www.fundraising.com.au/; and
  • the opportunity, as determined by the Promoter, for your winning Video (in any form, subject to paragraph 8 below) to be broadcast by the Promoter in any way, including on TV, online or social media (Video Broadcast).

The Video Broadcast element is subject to:

  1. the Promoter's discretion in relation to whether your Video is used in any form;
  2. your Video being acceptable quality (as determined by the Promoter); and
  3. you and all persons shown in your Video (and if any are under 18, their parents/guardians) consenting to such use, including signing any required documentation provided by the Promoter within the time period specified.

How many times can I enter?

You can enter multiple times, provided each entry relates to a separate and different Video and is submitted separately in accordance with these Terms and Conditions.

How and when will the winners be informed?

Winners will be notified by phone and/or in writing within two days of determination.

Unclaimed prizes

Prizes must be accepted/claimed by the time/date specified by the Promoter in the correspondence with winners.

If a prize has not been accepted or claimed by this date/time or if, after making all reasonable attempts, the Promoter can't contact a winner (or a winner does not contact the Promoter) by this date/time, the relevant entry will be discarded. The Promoter may, in its absolute discretion, determine a new winner of the prize but is under no obligation to do so.

Collection and use of your personal information

If you are a winner, you and your nominated team/club/group must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You and your nominated team/club/group consent to the Promoter using your name/s, indicia and image/s in any promotional or advertising activity. You are responsible for ensuring that your nominated community team/club/group has consented to such use by the Promoter and to signing any required documentation provided by the Promoter confirming such consent.

The Promoter may collect your/your nominated team/club/group's personal information directly or through its agents or contractors. The Promoter will use personal information to conduct and manage the competition, and to communicate with you via the Cadbury Fundraising mailing list. The Promoter may disclose personal information to its related companies, agents and contractors to assist in conducting this competition, communicating with you or storing data. 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.

The Promoter’s Privacy Policy (see https://www.fundraising.com.au/privacy) includes information about:

  1. how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
  2. how to complain about a privacy breach and how the Promoter will deal with such a complaint.
1 These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions. For the avoidance of doubt, “entry” referred to herein includes any Video that you may submit.

Entry

2 Your entry must be received during the Competition Period and will be deemed to be received only when received by the Promoter. You will receive a return message confirming your entry. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified
3 You are required to take full responsibility for the content of your entry and for ensuring that your entry complies with these Terms and Conditions and any other instructions provided by the Promoter. For the purposes of these Terms and Conditions, "entry content" includes any content (including text, photos, videos and email messages) that you submit, upload, transmit, publish, communicate or use in connection with your entry into the Promotion.
4 Your entry must be your own original work. The Promoter reserves the right to verify, or to require you to verify, that your entry is your own original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
5 You must ensure your entry does not contain any virus, malware or other malicious or inappropriate computer code or material.
6

Your entry must not:

  1. include any content which may diminish the good name and reputation of the Promoter or its products and brands;
  2. feature any image or voice of any other person without that person’s express consent. You confirm that if such content is included in your entry, you have obtained the express consent of the relevant person/s;
  3. include any content that is in violation of any law or regulation;
  4. be fraudulent, deceptive or misleading in any way;
  5. include any content that infringes the rights of any person;
  6. be obscene, offensive, defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing);
  7. include any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless you are entitled to use such content. If you have any doubts about whether to include any content (for example, recorded music) you must not include it. By including such content in your entry, you warrant to the Promoter that you have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry to publicise the promotion and for any other purpose as set out in these Terms and Conditions; and
  8. feature any third party products, third party trade marks, names, logos or branding.
7

The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entry at any time.

8

By entering this promotion, you agree to assign all rights in your entry to the Promoter and you consent to the Promoter (or the agencies/companies associated with the Promoter) using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), in marketing, advertising and promotional materials, on the Promoter’s websites and social media platforms or in any other manner as determined by the Promoter, without payment to you (of royalties, compensation or otherwise) on a perpetual, world-wide and irrevocable basis.

Prices

9

Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited, the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter.

General

10

If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction of the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment) and compliance with these Terms and Conditions. Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.

11

You must not:

  1. tamper with the entry process;
  2. engage in any conduct that may jeopardise the fair and proper conduct of the competition;
  3. act in a disruptive, annoying, threatening, abusive or harassing manner;
  4. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
  5. breach any law; or
  6. behave in a way that is otherwise inappropriate.
12

The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.

13

The Promoter’s decision in connection with all aspects of this competition is final.

14

Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value.

15

If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants.

16

The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must 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

Liability

17

Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

18

Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other reactions, as relevant), illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).

19

Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prize/s. Unless otherwise specified, prize/s will only be delivered to addresses in Australia.

20

This competition is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability