Nestlé – TRADE PROMOTION TERMS AND CONDITIONS

**Amendment to terms and conditions 20.08.24 – due to an administrative error, the value Total Prize Pool has been corrected. The value of the Total Prize Pool is up to $1,919.

 

Schedule to Conditions of Entry

 

 

Promotion Name

 

KITKAT Break Chair promotion 2024 (“The Promotion”)

 

 

Promoter

 

 

The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 of 1 Homebush Bay Drive, Rhodes NSW 2138

 

Permits

N/A

 

Website

 

https://www.kitkat.com.au/the-break-site

 

 

Promotional Period

 

The Promotional Period to enter the Major Prize Draw (“Major Prize Promotional Period”) is between 12.01am (AEST) on 18 August 2024 and 11.59pm (AEST) on 2 September 2024.

 

The Promotional Period to enter the Instant Win Prize Draw occurs at the dates/times listed below:

 

i) Gaming Steam A: The stream will occur during Fortnite which will take place on Twitch between 6:00pm-8:00pm AEST on 18th August 2024. The Promotion will commence at 6:53pm (AEST) and end at 7:03pm (AEST);

 

ii) Gaming Steam B: The stream will occur during EA Sports FC 24 which will take place on Twitch between 8:30pm-11:30pm (AEST) on 22nd August 2024. The Promotion will commence at 9:48pm and end at 10pm (AEST);

iii) Gaming Steam C: The stream will occur during Fortnite which will take place on Twitch between 6:00pm-9:00pm (AEST) on 27th August 2024. The Promotion will commence at 7:23pm and end at 7:33pm (AEST);

iv) Gaming Steam D: The stream will occur during League of Legends which will take place on Twitch between 6:00pm-8:30pm (AEST) on 31st August 2024. The Promotion will commence at 7:18pm and end at 7:30pm (AEST).

 

 

Entry Restrictions

Subject to clause 3 of the Conditions of Entry, entry is open to residents of Australia who are aged 18 years or over (“Eligible Entrant”).

 

Entry Method

 

 

To enter the Instant Win Prize Draw:

i) Eligible Entrants must during the Promotional Period of Gaming Steam A; Gaming Steam B; Gaming Steam C; or Gaming Steam D, view stream on Twitch;

 

ii) At the time when the Gaming Streamer takes a break, Eligible Entrants should, using their mobile device, scan the QR code on KITKAT Gaming Chair displayed on screen (or visit https://www.kitkat.com.au/the-break-site) and have a break during the countdown timer;

iii) Once the countdown timer ends, the instant win promotion will commence. Entrants should follow the prompts to the KITKAT Break Chair Promotion 2024 website entry page;

 

iv) Complete entry form including (but not limited to) first and surname, email address, phone number and postcode;

v) Click on “submit” to finalise their entry. Upon submitting their online entry, Eligible Entrants will be immediately notified via an onscreen message whether or not they have provisionally won an Instant Win Prize. If an Eligible Entrant is deemed a provisional Instant Prize Winner, they will receive an email relating to the prize. If they have not won an Instant Win Prize, they will not receive an e-mail. All non-winning Instant Win Prize entries will be automatically placed in a re-draw.

To enter the Major Prize Draw:

i) Eligible Entrants should follow the steps above to enter the Instant Win Prize Draw. Regardless of whether an Eligible Entrant is an Instant Prize Winner or not, they will automatically receive one (1) entry into the Major Prize Draw.

OR

ii) Eligible Entrants should, during the Major Prize Promotional Period, go to https://www.kitkat.com.au/the-break-site and complete entry form including (but not limited to) their first and surname, email address, phone number and postcode. Click on “submit” to finalise their entry.

Note: All Prize Winners are deemed provisional prize winners and may be subject to verification before being awarded a Prize.

 

Maximum entries permitted

 

Instant Win Prize Draw: One (1) entry per person, per Gaming Stream. Entrants can win a maximum of one (1) Instant Win Prize (excluding SA residents).

Major Prize Draw: One (1) entry per person.

Draw Details

Instant Win:

Gaming Steam A: There are one-hundred (100) Instant Win prizes available to be won in this Promotion. The Promoter will conduct a draw prior to the commencement of the Gaming Stream A Promotional Period (at 10.00am AEST on 16 August 2024) at Tactics Marketing Support, 19/8 Tilley Ln FRENCHS FOREST NSW 2086 where it will identify one-hundred (100) Winning Moments (“Winning Moment”) between the start and end of Gaming Stream A Promotional Period. The first valid entry received after a pre-determined Winning Moment will be deemed a provisional Instant Prize Winner subject to verification;

Gaming Steam B: There are one-hundred (100) Instant Win prizes available to be won in this Promotion. The Promoter will conduct a draw prior to the commencement of the Gaming Stream A Promotional Period (at 10.30am AEST on 16 August 2024) at Tactics Marketing Support, 19/8 Tilley Ln FRENCHS FOREST NSW 2086] where it will identify one-hundred (100) Winning Moments between the start and end of Gaming Stream B Promotional Period. The first valid entry received after a pre-determined Winning Moment will be deemed a provisional Instant Prize Winner subject to verification;

Gaming Steam C: There are one-hundred (100) Instant Win prizes available to be won in this Promotion. The Promoter will conduct a draw prior to the commencement of the Gaming Stream A Promotional (at 11.00am AEST on 16 August 2024) at Tactics Marketing Support, 19/8 Tilley Ln FRENCHS FOREST NSW 2086 where it will identify one-hundred (100) Winning Moments between the start and end of Gaming Stream C Promotional Period. The first valid entry received after a pre-determined Winning Moment will be deemed a provisional Instant Prize Winner subject to verification.

Gaming Steam D: There are one-hundred (100) Instant Win prizes available to be won in this Promotion. The Promoter will conduct a draw prior to the commencement of the Gaming Stream A Promotional Period (at 12.00pm AEST on 16 August 2024) at Tactics Marketing Support, 19/8 Tilley Ln FRENCHS FOREST NSW 2086 where it will identify one-hundred (100) Winning Moments between the start and end of Gaming Stream D Promotional Period. The first valid entry received after a pre-determined Winning Moment will be deemed a provisional Instant Prize Winner subject to verification;

Note: 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.

Major Prize Draw:

Whether Eligible Entrants win an instant prize or not, they will receive an entry into the Major Prize Draw. The Major Prize Draw, takes place at Tactics Marketing Support, Unit 19/8 Tilley Lane Frenchs Forest NSW 2086 at 12.00pm AEST on 6 September 2024. The draw is electronic and a winner will be selected at random. The first (1) valid entrant drawn will be deemed a Major Prize Winner and will win a Major Prize.

This Promotion is a game of chance, skill plays no part in determining a winner.

Prize

There are four-hundred (400) Instant Win Prizes (one-hundred (100) per Gaming Stream), and one (1) Major Prize available to be won in this Promotion as follows:

Type

No. Available

Details

Value

 

Instant Win Prize

Four-hundred (400)

The Instant Win Prize will consist of 1 x limited edition KITKAT Milk Chocolate 45g bar.

 

$2.50

Major Prize

One (1)

The Instant Win Prize will consist of 1 x custom KITKAT branded gaming chair, signed by the gamers.

$919

 

 

Value of Prize Pool

Up to $2,000 $1,919

 

Conditions of prize

As per conditions of entry. Prizes are not transferable & cannot be converted to cash.

 

Prize Winner Notification

Instant Win Prize Winners: Instant Prize Winners will be notified immediately on screen via the competition Website. They will also receive an email to their registered email address within two (2) business days of being determined an Instant Prize Winner.

Major Prize Winner: The Major Prize Winner will be notified within two (2) business days.

 

Prize Winner Publication Details

The initial of first name, last name and postcode of all Prize Winners will be published on www.nestle.com.au/productnews/winners by 13 September 2024.

 

Prize claim, Redraw, Prize Winner Notification and Publication Details

All prizes must be claimed by 5.00pm AEDT on 13 December 2024 by following the instructions to claim prize in the Prize Winner notification message. If the prize is not claimed by this time, the prize may be forfeited and the Promoter may determine an alternative winner.

All unwon (relevant only to instant win components, if any) and unclaimed prizes, or where a selected entry is deemed invalid, or a prize is otherwise forfeited, the Promoter will conduct a further draw from all remaining entries into the Promotion to distribute prizes.

The redraw will take place at Tactics Marketing Support, Unit 19/8 Tilley Lane Frenchs Forest NSW 2086 at 10:00am AEDT on 16 December 2024. The draw is electronic and winners will be selected at random. The winner(s) will be notified by email and their first name, last name and postcode will be published on www.nestle.com.au/productnews/winners on the same date.

Special Conditions

 

 

 

Conditions of Entry

  1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.

 

  1. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.

 

  1. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.

 

  1. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

 

  1. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.

 

  1. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value. The name of any prize winner will be published on the internet at www.nestle.com.au/productnews/winners

 

  1. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency and that the entrant meets all entry requirements. Where the Promotion requires the purchase of a product(s), the Promoter may require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.

 

  1. Monetary Prizes: If money is offered as a prize, the prize may be awarded by way of cheque, EFTPOS card or by transfer to a nominated bank account. If the prize is to be delivered by bank transfer, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited.

 

  1. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. To the extent permitted at law, the Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.

 

  1. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter.

 

  1. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.

 

  1. Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.

 

  1. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.

 

  1. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

 

  1. Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.

 

  1. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.

 

  1. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.

 

  1. Tampering: The Promoter may disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation in future promotions of the Promoter.

 

 

  1. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter may (subject to any written direction given by a relevant Regulatory Authority), cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, related to participation or sending or receiving of any communication or of any materials in this Promotion.

 

 

  1. Publicity: If a winner agrees to participate in follow-up interviews and publicity then the Promoter may use their name, image, photograph/s, film and sound recordings for publicity and promotion purposes, without compensation, and the Promoter will own copyright in any such images, photograph/s, film and sound recordings and in all material incorporating the same.

 

 

  1. Entry Content: The Promoter may adapt and use any entry content for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.

 

  1. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.

 

  1. Liability: To the extent permitted by law: (a) the Promoter’s only liability is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded, and all other guarantees, warranties and conditions are excluded; and (b) the Promoter will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit or loss of opportunity. .

 

  1. Australian Consumer Law: These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

 

  1. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent or misleading and deceptive conduct.

 

  1. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.

 

  1. Promoter’s Decisions: All decisions are at the discretion of the Promoter (acting reasonably) and are final. No correspondence will be entered into.

 

  1. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or X (formerly known as Twitter) from any and all liability relating to the Promotion (this release is a requirement of the operators of Facebook, Instagram and X (formerly known as Twitter)).

 

  1. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.com.au or calling 1800 025 361.