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Lindt Promotions

CREATION Suitcase Promotions Terms & Conditions

1. These terms and conditions of entry (Terms and Conditions), including information on how to enter and prize details apply to participation in the Lindt Facebook “CREATION SUITCASE” (Promotion). Participation in the Promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents aged 15 years or over who have a registered Facebook account at the time of entry. 

3. 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. 

4. Entrants aged between 15 and 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 submitting an entry in this promotion.

5. Promotion commences on at 6.00am AEST on 24th May 2017 and final entries close at 11:59pm AEST on 31st May 2017 (“Promotional Period”). The judging for the competition will take place at Richards Rose, Level 1, 66-72 Reservoir St, Surry Hills, NSW 2010 on 1st June 2017 commencing at 12.00pm AEST.

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

a) Visit the Lindt Australia Facebook Page at www.facebook.com/lindtaustralia (“Facebook Page”);

b) Respond to the question on the Lindt Facebook wall “Comment or share a photo below to tell us how you like to indulge in Lindt Creation Blocks.” by submitting a valid response by 11:59pm AEST on 31st May 2017.

7. 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.

8. Incomplete or indecipherable entries will be deemed invalid.

9. Only one entry permitted per person per day.

10. 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.

11. The judges may select additional reserve entries that they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.

12. Winners will be notified via a private message from the Lindt Australia Facebook page.

13. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on originality and literary and creative merit of the answer provided to the promotional question.

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

15. The three best valid entry, as determined by the judges, will win a suitcase filled with Creation blocks, valued at AUD $579.80.

16. Prizes will be mailed, at the expense of the Promoter, to the entrant’s nominated Australian mailing address.

17. The Promoter takes no responsibility for any prize being damaged in transit, or for any delay in delivery of any prize or for the prize becoming lost or stolen after it or they have been delivered to the winners. 

18. If for any reason the winners do not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. 

19. If any prize (or part of the 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. 

20. Total prize pool value is AUD $1,739.40. 

21. 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.

22. 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.

23. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used. 

24. 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. 

25. 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 entry 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 an entrant; or (f) use of/participation in a prize.

26. As a condition of accepting a prize, each winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 

27. The Promoter collects personal information 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 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. Entrants should direct any request to opt-out, access, update or correct information to the Promoter. All entries become the property of the Promoter. 

28. 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.

29. 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).

30. The Promoter is Lindt & Sprungli (Australia) Pty Ltd (ABN 43 079 224 892) of 16 Hollinsworth Rd, Marsden Park NSW 2765.