"WIN THE ULTIMATE BAKING SET" PROMOTION

Terms and Conditions

Promotion

Win The Ultimate Baking Set

Promoter

Mondelez Australia (Foods) Ltd (ABN 15 004 125 071 ), Level 10, 75 Dorcas Street, South Melbourne VIC 3205

Who can enter?

You can only enter this promotion if you are:

a) an Australian resident; and

b) aged 18 years or older.

WHEN AND WHERE WILL THE PROMOTION RUN?

Promotion Period

 

Promotion commences on 14/12/2019 and final entries close at 5:00pm AEDST on 28/12/2019

No entries will be accepted after this time.

ENTRY DETAILS

How to Enter

To enter, eligible individuals must, during the Promotion Period, undertake the following steps:

  • take a photograph of a Christmas themed cheesecake that they have created using Philidelphia cream chesse ("Photograph"); and then
  • upload the Photograph to their own Instagram account with the post containing the hashtag #MadeItWithPhilly and tag @phillyaus.

The Photograph can be a photograph that was taken prior to the Promotion Period or during the Promotion Period.

For the avoidance of doubt, entrants' profiles must be on public display for the entrant to be eligible for entry.

· Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images ("Content"). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Entrants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

(e) they consent to any use of the Content which may otherwise infringe the Content creator's/creators' moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.

NOTE: As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. If contacted as a winner, the entrant understands that they are providing their information to the Promoter and not to Instagram. 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 Instagram. Instagram 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.

What are the Entry Limits?

Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.

WINNER DETERMINATION DETAILS

Winner determination

The judging will take place at Channel T, Level 1, 90 York Street, South Melbourne VIC 3205 commencing on 06/01/2020. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.The winner will be notified by Instagram Direct Message. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the most creative and appealing use of PHILLY Cream Cheese. In addition, judges will take into consideration how aspirational the content is to inspire other bakers.

PRIZE DETAILS

Prize Details

The best valid entry, as determined by the judges, will win:

  • A Philadelphia cream cheese branded baker set which includes
    • 1 x Borello set of 2 steamless wine glasses;
    • 1 x PHILLY Kitchenware Gift Set;
    • 1 x PHILLY Cooking Gift Set; and
    • 1 x Springform Cheesecake Tin; and
  • One (1) WISH Gift Card valued at $100.00
  • Total prize is valued at $190.80

Total Prize Pool

The total overall prize pool is valued at $190.80

Prize Terms

Any ancillary costs associated with redeeming the eGift Card are not included. Any unused balance of the eGift Card will not be awarded as cash. Redemption of the eGift Card is subject to any terms and conditions of the issuer including those specified on the eGift Card .

NOTIFICATION & PUBLICATION

Notification of Winner

The winner will be notified by Instagram Direct Message.

Publication Details

The winner will be announced on the Promoter's Instagram account @phillyaus on 10/01/2020.

VERIFICATION & DELIVERY

Verification Requirements

· 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 thepromotion. 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.

Prize Delivery

Once an entrant/winner is deemed by the Promoter to have complied with these Terms and Conditions, the Promoter will deliver the relevant prize within 28 days of the winner's entry being verified and accepted.

PRIZE CLAIM DETAILS

Prize Claim Details

The winner has until 5:00pm AEDST on 27/01/2020 to claim their prize by responding to the Promoter's Insatgram Direct Message with the required details including a valid postal address for delivery of the prize. If the winner of the prize fails to claim their prize by 5:00pm AEDST on 27/01/2020, they will forfeit their prize and it will be re-awarded to a reserve entry.

 

Terms and Conditions

1. These Terms and Conditions must be read together with the Schedule for this promotion. The Schedule prevails to the extent of any inconsistency with these Terms and Conditions.

2. Information on how to enter and the prizes form part of these Terms and Conditions. By participating in this promotion, you accept these Terms and Conditions.

Eligibility

3. You can only enter this promotion if you meet the eligibility requirements set out in the Schedule.

4. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this promotion are ineligible to enter. "Immediate families" means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.

5. By entering this promotion, if requested you agree to declare to the Promoter all past, current or potential conflicts of interest (if any) or any serious social misconduct or behavior that in a normal persons opinion may compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.

Entry

6. The promotion will be conducted during the Promotion Period.

7. All entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.

8. You can only submit your entry in accordance with the "How to Enter" section of the Schedule. The Promoter will not accept entries in any other form. Once submitted, you cannot change, alter or delete your entry.

9. Automated entries and computer generated entries will not be accepted. Entrants who enter using multiple phone numbers, email addresses or aliases will be disqualified.

10. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Terms and Conditions as determined by the Promoter in its sole discretion or any other instructions or guidelines notified by the Promoter during the entry process for the promotion.

11. You are responsible for all costs associated with entering this promotion, including but not limited to Internet costs.

Determining and notifying winner

12. The winner will be determined, notified and published as set out in the Schedule.

13. The Promoter and the companies and agencies associated with this promotion may also publish the name of the winner on their Instagram account. By entering this promotion, each entrant consents to this and requests that his or her full address not be published.

Prizes

14. The prize(s) are as specified in the Schedule. The prize(s) are subject to any additional terms and conditions as specified in the Schedule.

15. Prizes will be delivered to the address provided by the winner at the time of entry or completing the verification process (whichever is most recent).

16. Once dispatched and awarded to a winner, the Promoter is not be liable for any prize that has been lost, stolen, damaged, defaced or tampered with in any way.

Claiming prizes

17. Prizes must be claimed in accordance with the Prize Claim Details section of the Schedule.

18. If a prize is not accepted or claimed in accordance with the Prize Claim Details, the relevant winner's entry will be deemed invalid and the Promoter reserves the right to distribute the relevant unclaimed prize in accordance with the details specified in the Schedule.

General

19. The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

20. 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.

21. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, prohibit further participation by an entrant or winner in this promotion, or invalidate a provisional winner if the entrant/winner:

a. fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;

b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion (including where entrants share their Proof of Purchase to enter the Promotion or where entrants use multiple names, addresses or aliases to register multiple entries);

c. submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions;

d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person;

e. engages in conduct in entering the Promotion which in the Promoter's opinion is fraudulent, misleading or deceptive;

f. or engages in conduct which may, in the opinion of the Promoter, compromise the integrity or diminish the good name and reputation of the Promoter or its products and brands, is contrary to law or otherwise inappropriate.

22. Entrants and the winner must comply with the details set out in the Verification Requirements section of the Schedule as part of the entry verification or prize claim process. Failure to comply with the Verification Requirements to the Promoter's satisfaction will result in your entry and/or prize claim being declared invalid (and, at the Promoter's discretion, in all of your entries/prize claims being declared invalid).

23. All entries will be the property of the Promoter and will not be returned.

24. Prizes are not transferable, exchangeable for any other item and cannot be redeemed for cash or any other form of compensation (unless cash is specified). The value of each prize is accurate as at the time of preparation of this material, is the RRP value and is inclusive of GST. The Promoter accepts no responsibility for any variation in the value of a prize after that time. If a prize (or element of a prize, where applicable) is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value.

25. If a winner does not take a prize or an element of a prize at the time stipulated by the Promoter, then that prize or element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.

26. Any cost associated with accessing Instagram is the entrant's responsibility and is dependent on the Internet service provider used.

27. If requested by the Promoter, entrants and the winner must sign an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant's or winner's entry or claim will be deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Schedule.

28. If requested by the Promoter, entrants and the winner must participate in all promotional activity (such as publicity and photography) surrounding this Promotion or their winning of a prize, free of charge, and they consent to the Promoter and its associated companies and agencies using their name and image in promotional material, on the Promoter's websites, social media platforms and in trade publications.

29. If for any reason any aspect of this promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries.

30. The Promoter's decisions in connection with the promotion are final and no correspondence will be entered into.

31. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the promotion or accepting the prize may involve participating in dangerous activities. By entering this promotion and/or accepting the prize, entrants accept that risk for themselves.

32. The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

33. Prizes will only be delivered to addresses in Australia, as applicable. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

34. The Promoter may at its absolute discretion prohibit an entrant's participation in this promotion, cancel or suspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (in the Promoter's opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behaves in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or is contrary to law or is otherwise inappropriate.

35. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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.

36. The information you provide will be used by the Promoter for the purpose of conducting this promotion. The Promoter may disclose entrants' personal information ("PI") to companies and agencies connected with this promotion. The Promoter's privacy policy is available on the Promoter's website https://au.mondelezinternational.com/privacy-policy . 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.