TERMS & CONDITIONS. All claim registrations must be submitted within 14 business days from the date of Qualifying Purchase.
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1 TERMS & CONDITIONS Promotion Promoter NESCAFE DOLCE GUSTO CASHBACK PROMOTION The Promoter is NESTLE AUSTRALIA LTD (ABN ) of 1 Homebush Bay Drive, Rhodes New South Wales 2138 Promotion Type Trade-In & Up, Cashback Promotion. Purchase Period Purchase Period commences: 12.00am AEST on 15/08/2016 Purchase Period concludes: The earlier of 11.59pm AEDT on 04/01/2017 or when 4,000 valid claims have been made. Claim Period All claim registrations must be submitted within 14 business days from the date of Qualifying Purchase. Subject to above, claim registrations close: 11.59pm AEDT on 24/01/2017 All Trade-Ins must be received via post within 30 business days from the date of Qualifying Purchase. Participating Stores Stores participating in the Promotion are selected Harvey Norman, Domayne and Joyce Mayne stores nationally, including online stores. Participating Stores will display Promotion materials. If in doubt, a claimant may ask a store whether or not they are participating in the Promotion. Eligible Claimants The Promotion is only open to individuals aged 18 years or older who are residents of Australia, excluding: Management and employees of the Promoter, its associated companies/subsidiaries, Participating Stores and agencies associated with this Promotion. Employees means any directors, management, employees, concessionaires, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment; and The Promoter is responsible for determining whether a person is an Eligible Claimant in its absolute discretion. How to Participate To participate in the Promotion and claim a Gift, an Eligible Claimant must: (a) During the Purchase Period, purchase a Participating Product from a Participating Store ( Qualifying Purchase ); (b) Within 14 business days of the date of Qualifying Purchase visit using a compatible browser and fully complete and submit the online claim registration form, providing all details required (including but not limited to any requested personal information and uploading a copy of the purchase receipt from
2 their Qualifying Purchase (Qualifying Purchase Receipt) in an accepted file size/format); Eligible Claimants who successfully comply with clause (b) will receive a registration confirmation explaining next steps. (c) Within 30 business days of the date of Qualifying Purchase visit and fully complete and submit the online Trade-In form, providing all details required (including but not limited to any requested personal information); Upon successful submission of the online Trade-In form, Eligible Claimants will be prompted to download the Shipping Form. The Shipping Form will also be ed to the Eligible Claimant. Print the Shipping Form and affix the Shipping Form to their Eligible Trade- In Product (the Eligible Trade-In Product must be boxed) and take their Eligible Trade-In Product to an Australia Post outlet (the Eligible Claimant should check with their nearest Australia Post regarding their trading hours). Postage is free of charge for the Eligible Claimant. Participating Products Participating Products are: Nescafe Dolce Gusto Eclipse EDG 736.S Nescafe Dolce Gusto Eclipse EDG 737.B Eligible Trade-In Products Eligible Trade-In Products are any capsule machine including but not limited to the following: Aldi Expressi capsule machine Lavazza A Modo Mio capsule machine Vittoria Espressotoria capsule machine MAP Caffitaly capsule machine Woolworths Select Caffitaly capsule machine Nespresso capsule machine Sunbeam Multi-Capsule Espresso Machine NESCAFÉ Dolce Gusto capsule machine Eligible Trade-In Products do not need to be in working order. Required Verification / Proof of Purchase The following documentation must form part of a valid online claim registration: Qualifying Purchase Receipt The Qualifying Purchase Receipt provided must clearly specify: the Participating Product purchased; the Participating Store of purchase; the purchase date; the tax invoice number; and that payment for the Participating Product has been received in full. If the Qualifying Purchase Receipt is missing any of the above information or is illegible or indecipherable it may render the claim invalid.
3 It is the responsibility of the claimant to provide the required information. Notification Following receipt of machine by TerraCyle, each claimant will be notified via to the address nominated when completing the online claim registration whether their claim for a Gift is deemed valid or invalid within 10 business days of receipt of their Eligible Trade-In Product. If a claim is deemed valid, the Eligible Claimant should allow 28 business days from the date their claim is deemed valid by the Promoter for their Gift to be awarded via EFT to their nominated Australian bank account. Please note, it may take several days from the date of EFT payment for funds to clear. If a claim is deemed invalid and the Promoter requires any further information in order to determine the outcome of a claim, the Promoter may inform the claimant by ( Notification ). The claimant will then have seven (7) business days from the date of the Notification to provide the requested information to the Promoter, unless expressly stated otherwise in the notification . The Promoter reserves the right to deem any claim submitted invalid if an Eligible Claimant fails to provide the required information within the time specified. Gift Each Gift is AUD$50 awarded via electronic funds transfer (EFT) to the Australian bank account nominated by the Eligible Claimant. EFT payments will only be made into Australian bank accounts. To receive a Gift, an Eligible Claimant is required to provide their correct Australian bank account name, Bank-State-Branch (BSB) code and account number at the time of completing/submitting the online claim registration form on the NDG website. If an EFT is made to a bank account which was incorrectly submitted by an Eligible Claimant, the Promoter accepts no responsibility and a further payment will not be made. Claim Limits There is a limit of one (1) Gift per person in the Promotion. GENERAL CONDITIONS 1. Details above and the following clauses collectively form the terms and conditions of this Promotion ("Terms and Conditions"). 2. Each claimant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. Participation in this Promotion is deemed acceptance of these Terms and Conditions. The Promoter s decision not to enforce a specific restriction (whether communicated to a claimant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally. 3. The Promoter s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who participates. No correspondence will be entered into. 4. This Promotion is not valid in conjunction with any other offer. 5. The Promotion may be extended at the Promoter's absolute discretion.
4 6. Claimants can only participate in the Promotion in their own name. Claimants who enter using multiple aliases (e.g. multiple names, addresses and/or addresses) will be disqualified. 7. A claimant is not eligible to receive a gift if they have returned their Participating Product to the Participating Retailer. This clause does not limit or affect the Eligible Claimant's rights with regards to warranties on the Participating Product. 8. All claimants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter learns of a person s ineligibility after the Promoter has awarded a Gift to the ineligible person. 9. Incomplete, indecipherable or illegible claims will be deemed invalid. Claimants are responsible for ensuring their correct contact , bank account details and address details are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should an Eligible Claimant fail to receive their Gift because of a failure to notify the Promoter of correct details or of a change to their details, or for providing invalid information. 10. Claims are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the claimant. 11. The claimant should look to the manufacturer of products and provider of services for all warranties. 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. 12. If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, to 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, including any injury or damage to participants or any other person s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion. 13. The Promoter may, in its sole discretion, declare any claim or claimant invalid if the claimant: (a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another claimant or potential claimant of, or anyone else associated with, this Promotion; (b) submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process; or (c) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation. 14. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to any directions from any relevant authority.
5 15. As a condition of claiming a Gift, the Participant may be required to (at the Promoter s discretion) sign any legal documentation as and in the form required by the Promoter and/or Gift suppliers in their absolute discretion. 16. The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Claimants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion. 17. Gifts are not transferable or exchangeable. If a Gift is unavailable for any reason, the Promoter reserves the right to substitute another gift of equal or greater value for that Gift, or element of it, subject to the approval of any relevant authority. 18. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 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 variation in Gift value to that stated in these Terms and Conditions; (e) any tax liability/implications incurred by a claimant; or (f) use of a Gift. 19. The Promoter, the Promoter's related entities, the Participating Stores and all agencies associated with the Promotion and the employees, agents, directors and contractors, of all entities referred to in this clause, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or acceptance of a Gift, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law). 20. Claimants must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to participating in the Promotion, free of charge, and they consent to the Promoter using their name and image in any future promotional material. 21. Privacy: Each claim becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting or calling TerraCycle will also be collecting personal data about entrants online, in accordance with its respective privacy policies. Please review the privacy policies at By participating in the Promotion, entrants hereby agree to TerraCycle s collection and usage of their personal information and acknowledge that they have read and accepted TerraCycle s privacy policies.
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