Ice Break Aldi WIN an Adventure 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. The promoter is Parmalat Australia Pty Ltd (ABN 56 072 928 879) of 35 Boundary St South Brisbane, Qld 4101, telephone 1800 676 961 ( Promoter ). 3. Entry is only open to Australian residents aged 18 years or over. 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 1 st cousin. 5. Promotion commences at 12:00am AEDST on 27/09/2017 and ends at 11:59pm AEDST on 22/12/2017 ( Promotional Period ). 6. To enter, individuals must complete the following steps during the Promotional Period: a. purchase a specially marked Ice Break product from a participating Aldi store and locate the unique code printed under the cap of the specially marked Ice Break product; and then b. visit www.icebreak.com.au/aldipromo (Website) and follow the prompts to fully complete and submit the online entry form, including by providing the 8 digit unique code from their specially marked Ice Break product, first name, last name, residential address, date of birth, email and any additional information as required by the Promoter. Entrants must retain the specially marked Ice Break product(s) including cap/s containing the 8 digit unique code used to enter for all entries as proof of purchase. Failure to produce the original cap(s) for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant s entries and forfeiture of any right to a prize. 7. Each entrant will be notified instantly, once they submit the online entry form, whether or not they are an instant prize winner. All valid entries received from winners and non-winners of an instant prize will be automatically placed in the major prize draw. 8. Entries must be received by the Promoter during the Promotion Period. Online entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant. 9. All entries are subject to review by the Promoter for compliance with these Terms and Conditions. Entries must not contain prohibited or inappropriate content. Any entrant that submits such content will not be eligible to win. 10. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 11. Incomplete or indecipherable entries will be deemed invalid. 12. Multiple entries are permitted, subject to the following: a. Only one (1) entry is permitted per specially marked product purchased; b. Each entry must be submitted separately and in accordance with these Terms and Conditions; and
c. A maximum of three (3) entries are permitted per person per day. 13. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 14. 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. 15. There will be one (1) instant win prize awarded randomly each day during the Promotional Period (87 instant win prizes in total). The Promoter will use a computer drawing system to randomly determine one (1) winning time each day during the Promotional Period (the Winning Time ). The first valid entry, received on or after each Winning Time, will, subject to verification by the Promoter, win an instant prize. In the event that an instant win prize is not won on a particular day, the instant win prize allocated to that day will be awarded in the unclaimed prize draw. 16. Instant win prizes available to be won are: 87 x $50. Each instant win prize will be awarded in the form of a cheque in the winner s name, and sent via post to the address specified by the winner at the time of entry. As a condition of accepting the instant prize, winners: (a) agree to take a suitable photograph of themselves holding a specially marked Ice Break pack and send the photograph to the Promoter, in accordance with the instructions specified by the Promoter; and (b) license the Promoter to use the photograph they provide, for an indefinite period, on the Promoter s websites and social media, as well as any other medium selected by the Promoter, in accordance with clause 25. 17. The major prize draw will take place at Prime Focus, Level 1, 500 Chapel Street, South Yarra, VIC 3141 on 05/01/2018 at 12pm AEDST. The Promoter may draw additional reserve entries and record them in order in the case an invalid entry or ineligible entrant is drawn. 18. Instant prize winners will be notified instantly, on screen, in writing. The major prize draw winner will be notified in writing within two (2) business days of the major prize draw. The names of all winners will be published at www.icebreak.com.au commencing on 12/01/2018. 19. The Promoter s decision is final and no correspondence will be entered into. 20. The first valid entry drawn in the major prize draw will win their choice of one (1) of the following trips, valued at up to AU$17,300 depending on the trip selected and departure date and point: a. Trip 1 - NZ Ski Adventure This trip includes the following: Return economy class airfares for five (5) adults from the winner s nearest Australian capital city to Queenstown, New Zealand; All airline and airport taxes for five (5) adults; Selected transfers during the trip. The exact nature and form of the transfers awarded will be determined by the Promoter in its discreation; 6 nights 4* accommodation in Queenstown 1 x twin share and 1 x triple share room (or similar), with the exact hotel to be selected by the Promoter, for five (5) adults; 3 day lift pass for five (5) adults; 3 day's ski or snowboard rental equipment for five (5) adults. The supplier and the exact items available for renting will be selected by the Promoter in its discretion; and 2
2 ski or snowboard lessons (no longer than 2 hours each) for five (5) adults. The lessons will be provided for all five (5) adults at times specified by the travel agent. OR b. Trip 2 - Bali Surf Break This trip includes the following: Return economy class airfares for five (5) adults from the winner s nearest Australian capital city to Denpasar, Indonesia; All airline and airport taxes for five (5) adults; Return private transfers from airport to accommodation for five (5) adults; 6 nights 4* accommodation in Seminyak Minimum 3 bedroom accommodation (or similar) at a hotel/provider determined by the Promoter; a 2 hour surf lesson for for five (5) adults in Cangu; a full day Kombi tour of selected beaches in Bali for five (5) adults; and $500.00 AUD spending money for the winner only. 21. Major prize terms: All travel is subject to availability at all times and maybe dependent on select seat class with airlines or specific room category availability with accommodation partner. Travel is valid until 31 st January 2019. Block out periods include all Australian School & Public Holidays along with all other special event periods. All bookings must be made a minimum of 45 days in advance of requested departure dates. All bookings and documentation regarding the prize must be made via Free-2-Travel Holidays Pty Ltd or their agents. Redeeming the major prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2-Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices. No portion of the prize is redeemable for cash. The prize is not refundable or transferable. Winner and companions must be in possession of a valid passport with a minimum of 6 months validity on it prior to departure. Winner is responsible for any amendments fees issued by airlines or suppliers once booking is confirmed and ticketed. Visas, valid passports, additional spending money, meals (other than those included) and any other ancillary costs, including but not limited to insurance and any applicable insurance excesses, not listed in the travel prize package descriptions above are the responsibility of the travel prize winner and his/her nominated traveling companions as incurred. It is the winner's responsibility to organise transport to/from the airport departure/return point. Prize winner and travel companions must have valid travel insurance for their period of travel. Prize is subject to booking availablity. The winner and their companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. 22. As a condition of accepting the major prize, the major prize winner agrees to attend a prize presentation ceremony at an Aldi store nominated by the Promoter (which will be located within a reasonable distance from the winner s residence, as determined by the Promoter). The winner agrees to pose for photographs of the winner holding a giant boarding pass, with the photographs taken to be featured on the Promoter s websites and social media, as well as any other medium selected by the Promoter, in accordance with clause 25. The winner must make their own way to the nominated Aldi store at their own cost. 23. The total prize pool is valued at up to $21,650, inc. GST. 24. A draw for the major prize and any instant win prizes that remain unclaimed may take place on 05/04/2018 at the same time and place as the major prize draw, subject to any directions from a regulatory authority. The winners (if any) will be notified in writing within two (2) business days of the draw. The winners names will be published at www.icebreak.com.au commencing on 12/04/2018. 25. 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 3
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. 26. Subject to the unclaimed prize draw, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited. 27. In the event of a prize not being claimed by a winner at or by the time stipulated by the Promoter, the prize will be forfeited. 28. If a prize, or element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant body, where required. 29. Prizes are not transferable or exchangeable and cannot be taken as cash. 30. 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) subject to approval by the relevant regulatory authorities, to modify, suspend, terminate or cancel the promotion, as appropriate. 31. Any cost associated with accessing the competition, including the competition website, is the entrant s responsibility and is dependent on the Internet service provider used. 32. 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. Any instant win prizes that are unclaimed during the Promotional Period will be awarded in the unclaimed prize draw. 33. To the extent permitted by law, the Promoter assumes no responsibility for: a. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; b. any theft, destruction or unauthorised access to, or alteration of such communications; c. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; d. any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); or e. any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a prize. 34. 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. 35. 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 4
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 variation in prize value to that stated in these Terms and Conditions; or e. taking and/or use of a prize. 36. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any loss or damage or third party claims in relation to breach of these Terms and Conditions. 37. As a condition of accepting the major prize, the winner (and his/her companions) must sign any legal documentation as and in the form required by the Promoter and prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 38. The Promoter accepts no responsibility for any taxation implications that may arise from winning of a prize. Independent financial advice should be sought. 39. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.parmalat.com.au/privacy-policy/. In addition to any use that may be outlined in the Promoter s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI 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 PI to entities located overseas see Privacy Policy for details. NSW Permit No. LTPS/17/16409, ACT Permit No. TP17/01489, SA Permit No. T17/1409 5