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8/12/2019 Cadbury Paint

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Paint Your Store Purple Retailer IncentivePromotion

NamePaint Your Store Purple

Promotion

Type

Retailer Incentive

Promoter Kraft Foods Australia Pty Ltd ABN 78 004 551 473 andKraft Foods Limited ABN 15 004 125 071 of Level 6, SouthWharf Tower, 30 Convention Centre Place, South WharfVIC 3006

Relevant

State(s)

All Australian States and Territories

Selected

Businesses

All independent retail outlets stocked via Metcash orTasmanian Independent Retailers Co-Operative SocietyLimited (Stores)

Entry

Restrictions

An authorised store manager of a Store (StoreManager)must submit the entry on behalf of that Store.Entries will only be accepted from a Store Manager.Subject to these Conditions of Entry, an entrant is deemed to

be the person nominated by the Store Manager to be theentrant on the email attaching the Entry Photos (see EntryProcedure, below). If no one is nominated the Store Managerwill be deemed to be the entrant.Entrants must be Australian residents over 18 years of age.

Promotion

Period

The Promotion opens at 9.00am (Melbourne time) on15/07/2013 (Open Date).The Promotion closes at 5.00pm (Melbourne time) on21/10/2013. No entries will be accepted after this time.

Verification

RequirementsThe Promoters sales representatives (Kraft FoodsTerritory Managers) may conduct in-store checks to ensurethat the Display (as defined below) displays the Products (asdefined below) and is displayed in-store as per the photosentered for the minimum display period specified below.

Entry

ProcedureFor the entrant nominated by the Store Manager to beeligible to win a prize, Stores must, during the PromotionPeriod: purchase the following minimum orders of the Promoters

products (Promotional Deal):o at least 75 outers of Cadbury chocolate range products in asingle transaction; ando at least 10 cartons of Cadbury biscuit products in a singletransaction. receive advertising materials provided by the Kraft Foods

Territory Manager for the Back to School Display,Freddo, Capture the Joy Consumer Promotion and related


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display and Crispello display material; creatively display the products included in the Promotional

Deals (Products) in their Store using advertising materials inaccordance with any instructions provided by the Promoterduring the Promotion Period (Display); and

ensure that the Display is visible in-store for at least thefollowing periods (between the Open Date and the JudgingDate) as applicable:o Freddo Consumer Promotion and Crispello Displaymaterialsminimum of 6 weeks from the weekcommencing 5th August 2013.

take digital photos of the Display (Entry Photos); and ensure that the Store Manager emails the Entry Photos (up

to 4 only for the Display and one photo only for eachinteraction point (i.e. off-locations displays and clip strips))to the Stores designated Kraft Foods State contact (set out

below) and clearly provides the name, address, phonenumber and email address of the person nominated by theStore Manager to be the entrant.The Display must be a minimum of 2 Cadbury bins/stackersin size for the Freddo Capture the Joy Consumer

Promotion and related display in August and Crispello

displays in September.

Kraft FoodState Contacts

State/Territory

GroupContact Email

Victoria AllisonClay

[email protected]

NSW/ACT MathewWaites

[email protected]

Queensland DarrylGordon

[email protected]

SA/NT AdrianPamula

[email protected]

WesternAustralia

VickiTraynor

[email protected]

Tasmania BrianFree

[email protected]

Maximum

Number of

Entries

1 per store. The Stores entry will be deemed to be the first

valid entry received by the Kraft Foods State Contact inrespect of that store

Judging

Criteria

The entries will be judged on originality, creativity and best

display of the Products and their brands as well as number ofinteraction points (i.e. the number of off-location displays or


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clip strips).Entries will be judged against other entries in theirState/Territory Group. The judges' decisions are final and nocorrespondence will be entered into.A minimum of one Prize per State/Territory Group will go to

the best Small Store Entrant, if any (except for Tasmaniawhere there is no such category). In these Terms, a SmallStore Entrant is a C Graded store as classified by the

Promoter and communicated by the Kraft Foods TerritoryManager.Prizes will be allocated in accordance with the ranking ofentries, with the Major Prize(s) being awarded to highestranked entry(ies) in each State/Territory Group, followed bySecondary Prizes.

Judging

Details

Judging Date: 22/10/2013

Time: 12 noon (Melbourne time)Location: Level 6, 30 Convention Centre Place South Wharf,VIC 3006Judge: A representative of the Promoter.

Prize Details State/Territory Group Allocation14 Major Prizes: minimum 2 per State/Territory Group(except Tasmania), minimum, 1 for TasmaniaUp to 30 Secondary prizes: 3 per State/Territory Group(except Tasmania), minimum 2 for Tasmania

Major Prize NumberAvailable Value of Prize

Trip to Dubaifor two adultsand twochildren underthe age of 13including: 4 nights

accommodation(Standard roomat a 5 star

property orratingequivalent) fortwo adults andtwo childrenunder the age of13. Return

Economy

airfares for upto two adults

14 $23,571.42


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and twochildren underthe age of 13,from thewinners nearest

AustralianCapital City toDubai, UnitedArab Emirates(carrier selected

by promoter). Return

transfersbetween theairport andnominated hotel

by Promoters

nominatedtransport. Selected

activities inDubai between16/01/14 and20/01/14 asnotified by thePromoter

(subject toavailability,weatherconditions andtimeconstraints,

participants

consent,participantshealthrequirements).

Dailybreakfast, lunchand dinner forup to two adultsand twochildren underthe age of 13, to

be taken atgroup meals atthe venueselected by

promoter and


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subject to thelimitationsimposed by thePromoter.

SecondaryPrize

Cash Prize Up to 30 $1,000

Prize

Restrictions

(if any)

Prizes may vary slightly from what is described in theseConditions of Entry.

Total Prize

PooolUp to $360,000 (inc GST)

Notificationof Winners Winners will be notified by mail, email and telephone

Additional

TermsThe Promoter accepts entries on the condition that:a) the Store has consented to the entry being submitted bythe Store Manager;

b) the Store Manager is authorised to nominate the entrantfor that Store; andc) the person nominated in the entry email consents to beingnominated by the Store Manager to be eligible to receive thePrize.

Passports and visas (if required), are the responsibility of theprize winner and their guests. If a prize winner fails toarrange any required visas or is otherwise unable to take the

prize the prize winner may forfeit the prize. The Major Prizeis limited to the items set out above in the Major Prizedescription. The Major Prize does not include the followingthings, which are the responsibility of the prize winner andtheir guests:- Transport to and from their closest airport in Australia- Passport costs- Travel insurance

- Spending money- Tips and gratuities for activities.- Activities booked by winner over and above the

programmed activities- Room incidentals including in room dining, mini bar,internet and telephone chargesIf more than one person is nominated on the entry email, theStore Manager will be invited to choose one person to be thePrize winner.If a Prize winner is unable to take the prize for any reason,the Store Manager from the winning Store may nominate an

alternative prize winner at their absolute discretion.The Promoter takes no responsibility and accepts no liability


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for the consequences of the decision by the Store Manager inany circumstances.All content submitted as part of an entry must be the originalwork of the Store and must accurately depict the Display tothe best of the Store Managers knowledge.

Trade Promotion: Game of SkillConditions of Entry1. These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion. TheSchedule prevails to the extent of any inconsistency with these Conditions of Entry. Participation in the Promotionconstitutes acceptance of these Conditions of Entry.

2. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except wherestated otherwise.

Eligibility3. If this is a consumer promotion, entry to the Promotion is open to residents of the Relevant State/s who meetthe Entry Restrictions (if any). Entrants under 18 years of age must have the consent of a parent or guardian toenter.

4. If this is a retailer promotion, entry to the Promotion is open to individuals who own a Selected Business in theRelevant State(s) and who meet the Entry Restrictions (if any). If ownership of a Selected Business changesduring the Promotion Period, only the new owner will be eligible to enter the Promotion. Where a SelectedBusiness is owned by a company or other legal entity, entry is open to a nominated representative of that entity(eg, a nominated shareholder or partner) who meets the entry criteria specified in this paragraph.

5. If this is an internal promotion, entry to the Promotion is open to Cadbury employees who meet the EntryRestrictions (if any).

6. Unless this is an internal promotion, directors, management, employees, officers and contractors (and theirimmediate families) of the Promoter or of the agencies or organisations associated with this Promotion areineligible to enter. Immediate families means spouse, parent, natural or adopted child, and sibling (whethernatural or adopted by a parent), whether or not they live in the same household as the director, manger,employee, officer or contractor.

Entry7. The Promotion will be conducted during the Promotion Period.

8. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.

9. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by thePromoter in any other form. Computer generated or other automated entries will not be accepted. Oncesubmitted, entries may not be altered or deleted.

10. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted)must be submitted separately and must each separately meet any product purchase requirement specified in theEntry Procedure (if applicable).

11. Entries must be received by the Promoter during the Promotion Period. Online, SMS and other electronicentries are deemed to have been received at the time of receipt into the promotion database and not at the timeof transmission by the entrant.

12. If the Promotion involves mail entry, each entry must be sent in a separate envelope.

13. If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST), whether sentduring or outside the Promotion Period. SMS entry is only open to entrants with a compatible mobile phoneconnected to a service provider that permits text messaging to the Promotion SMS number. Entrants areencouraged to check this with their service provider before entering the Promotion. SMS entries must besubmitted from the entrants mobile phone.

14. If the Promotion involves entry via a competition phone line, the maximum cost of a standard call to thecompetition phone line is 55 cents (inc GST), whether calls are made during or outside the Promotion Period.Higher rates may apply for calls made from mobile or public phones.

Entry Content


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15. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entrycomplies with these Conditions of Entry. For the purposes of these content requirements, entry content includesany content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish,communicate or use in connection with their entry into the Promotion.

16. Incomplete and ineligible entries will be deemed invalid. Entries will also be deemed invalid if they breachthese Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines

notified by the Promoter during the entry process for the Promotion.

17. Entries must be the entrants original work. The Promoter reserves the right to verify, or to require the entrantto verify, that the entry is the entrants original work. If an entry cannot be verified to the Promoters satisfaction,the entry will be deemed invalid.

18. An entrants entry must not include:a. any image or voice of any other person without that persons express consent. Entrants warrant that if anysuch content is included, they have obtained the express consent of the relevant person;b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentiallydefamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, withoutlimitation, any content involving nudity, malice, excessive violence or swearing); andc. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in whichcopyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have

the right to include any content (for example, recorded music) they must not include it. By including any suchcontent in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do soand that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.

19. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of anentrants entry.

20. By submitting an entry to the Promotion, each entrant agrees to assign all rights in the entry to the Promoterand consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adaptingor publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media,without payment to the entrant (of royalties, compensation or otherwise). Without limitation, this includes using,publishing and displaying the entry online on the Promoters website(s) and Facebook page(s). By submitting anentry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in theentry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/orheard in public, and communicate the content to the public. It may also allow third parties to do these things.

Challenge21. If the Promotion involves a challenge, the challenge will be conducted as specified in the Entry Procedure.Entrants (and other challenge participants, if applicable) must comply with any reasonable directions orguidelines notified to them in connection with the challenge. If an entrant or challenge participant is under 18years of age, they must have written permission from a parent or legal guardian before being able to participatein the challenge.

22. Unless otherwise specified, entrants and challenge participants are responsible for making their own way toand from the challenge, at their own cost.

Facebook promotions23. If the Promotion is conducted via the Facebook Platform:a. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated

with, Facebook.b. Entrants acknowledge that any information they provide in connection with the Promotion is provided to thePromoter and not to Facebook.c. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not toFacebook.d. Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion.

Judging24. The Promotion is a game of skill; chance plays no part in determining the winners. Each valid entry will beindividually judged (by representatives of the Promoter) based on, amongst other things, the Judging Criteria.The judges' decisions are final and no correspondence will be entered into.

25. Judging will be conducted in accordance with the Judging Details. The best valid entry or entries (asapplicable) will be awarded a prize in accordance with the Prize Details.

26. If a winning entry is deemed not to comply with these Conditions of Entry, the non-complying entry will bediscarded and a new winner of the prize will be determined by selecting the next best ranking entry (as


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determined by the Promoter in its sole discretion).

27. Winners will be notified as specified in the Schedule. The Promoter and the companies and agenciesassociated with this Promotion may also publish the name and State/Territory of winners on their website(s) andin trade publications. By entering this Promotion, each entrant requests that his or her full address not bepublished.

Prizes28. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in theSchedule. The total prize pool is specified in the Schedule.

29. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucheror by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, thePromoter is not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in anyway.

30. If a prize includes tickets, the tickets are only valid for the date or period specified on the tickets or by theprovider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter isnot be liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.

31. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the

supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on thedates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and issubject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prizewhich are not expressly stated in the Schedule to be included, including additional spending money, passport andvisa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are theresponsibility of the winner. The winner and any travelling companion(s) must depart and return at the same timeusing the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have allnecessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (includingpassports and visas, if required). Any alterations or extensions to confirmed prize details must be approved inadvance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is notresponsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by thewinner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of thewinner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel andhave received appropriate immunisations and/or health checks prior to taking the prize.

32. If the one of the people taking or participating in prize is under 18 years of age, a parent or legal guardian ofthat person must be present for the duration of the prize, as one of the participants. The Promoter reserves theright to appoint a chaperone to accompany the participants taking the prize. The participants agree to thechaperone being present with them for the duration of the prize and agree to comply with any reasonabledirections or guidelines notified to them by the Promoter or their chaperone.

Claiming prizes33. Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in theSchedule.

34. If a prize is not accepted or claimed by the Prize Claim Date, the relevant winners entry will be deemedinvalid and the Promoter reserves the right to distribute the unclaimed prizes to the next best ranking entry orentries (as applicable), as determined by the Promoter in its sold discretion. Winners of unclaimed prizes will benotified in writing.

General35. The Promoter accepts no responsibility for any problems or technical malfunction of any communicationnetwork 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 telephonecommunications, networks or lines and accepts no responsibility for any problems associated with them, whetherdue to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences ofuser error including (without limitation) any costs incurred.

36. The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibitfurther participation by an entrant in this Promotion, if the entrant: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;

c. submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;d. acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; ore. engages in conduct in entering the Promotion which in the Promoters opinion is fraudulent, misleading,


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deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includeswhere entrants share receipts or product labels to enter the Promotion or where entrants use multiple names oraddresses to register multiple entries.

37. Entrants must comply with the Verification Requirements. The Promoter may require entrants to providethese to the Promoter or its agent as part of the entry verification or prize claim process. Failure to provide theseto the Promoters satisfaction will result in the relevant entry being declared invalid (and, at the Promoters

discretion, in all of the entrants entries being declared invalid).

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

39. Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or anyother form of compensation. The value of each prize is accurate as at the commencement of this Promotion. ThePromoter accepts no responsibility for any variation in the value of a prize after that date. If a pr ize is unavailablefor any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval ofthe relevant authorities in the Relevant State(s), if required. If a winner does not take an element of a prize at thetime stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash norany other form of compensation will be supplied in lieu of that element of the Prize. The Promoter accepts noother liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of aprize) is unavailable for any reason.

40. If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procurethat their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour ofthe Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in thePromotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by thePromoter, they will not be able to participate and the relevant entrants or winners entry or claim will be deemedinvalid.

41. If requested by the Promoter, entrants and winners (and their companion(s), if applicable) must participate inall 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 nameand image in promotional material.

42. If for any reason any aspect of this Promotion does not or is not capable of running as planned, including byreason 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, subject to the approval of therelevant authorities in the Relevant State(s), if required.

43. The Promoters decisions in connection with the Promotion are final andno correspondence will be enteredinto.

44. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and thatparticipation in the Promotion or the prize may involve participating in dangerous activities. By entering thisPromotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (ifapplicable).

45. The Promoter, its associated agencies and companies and the agencies and companies associated with thisPromotion (including Facebook, if the Promotion is conducted via a Facebook Platform) 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 persons negligence) inconnection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded bylaw (in which case that liability is limited to the minimum allowable by law).

46. The Promoter and its associated agencies and companies will not be liable for any damage to or delay intransit of prizes.

47. The Promoter may at its absolute discretion prohibit an entrants participation in this Promotion, cancel orsuspend a prize or other cease to provide any prize to a winner if the entrant or winner (or any companion) is (inthe Promoters opinion) under the influence of alcohol or drugs, behaves aggressively or disruptively, or behavesin a manner which may diminish the good name and reputation of the Promoter or its products and brands, or iscontrary to law or is otherwise inappropriate.

48. 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 GSTpurposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation


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Offices stated view that where the parties are at arms length, goods and services exchanged are of equal GSTinclusive market values.

49. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotionand may also be used for the purposes specified in the Promoters privacy policy. The Promoter may discloseentrants personal information to companies and agencies connected with this Promotion and to relevantauthorities in the Relevant States, and the winners name and State/Territory of residence may be published in

accordance with these Conditions of Entry and as required under relevant legislation. The Promoters privacypolicy is available on the Promoters website www.kraft.com.au.

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