Nestlé – TRADE PROMOTION TERMS AND CONDITIONS
Schedule to Conditions of Entry
Nestlé GOLDEN CHEF’S HAT AWARD (“The Promotion”)
The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as Nestlé Professional of 1 Homebush Bay Drive, Rhodes NSW 2138.
The Promotion opens at 9:00am AEDT on 30 March 2018 and closes at 11:59pm AEST on 30 September 2018.
Registrations open at 9:00am AEDT on 30 March 2018 and close at 11:59pm AEST on 11 May 2018.
Regional & Metro Cook-offs
Regional & Metro Cook-offs occur between 2 June 2018 and 25 July 2018. Exact time, date and location of Regional & Metro Cook-offs will be communicated by the Promoter to the participants separately.
National Final Cook-off
National Final Cook-offs occur 10 September 2018 and 11 September 2018. However, attendance is required in Sydney from 9 - 13 September 2018 in Melbourne VIC.
An entrant must:
To enter the Nestlé GOLDEN CHEF’S HAT AWARD competition, entrants must during the Registration Period:
Maximum entries permitted
Maximum of one (1) entry per team member is permitted.
Regional & Metro Cook-offs & National Final Cook-off
The competition will involve Teams from the following 10 Regions:
Note: If participation rates are low in any region, the Promoter reserves the right to require Teams to travel to a neighbouring region to participate in a Regional or Metro Cook-off. Should this occur, the Promoter will provide reasonable travel and accommodation expenses.
Note: If participation rates are high in any region, the Promoter reserves the right to require a 2 day cook off, with a Teams participation to take place on either day 1 of the regional cook-off or day 2 of the regional cook-off.
All eligible Entrants will be invited to attend the Regional & Metro Cook-off so long as they have completed the registration process before the end of the Registration Period.
The names of the team members competing in each Region will also appear on the website http://www.nestle-goldenchefs.com.au/ on or before Thursday 31 May 2018.
To determine Finalists:
To determine a Major Prize Winner:
The Team that is judged to be the best (the Team that has the most points) in the National Cook-off will be awarded the major prize.
To determine a Minor Prize Winner:
All decisions throughout the Promotional Period are at the Judging Committee discretion, they are final and no correspondence will be entered into.
Value of Prize Pool
Up to AUD $16,198.00
Conditions of prize
As per conditions of entry. Prizes are not transferable & cannot be converted to cash.
The Promoter will determine the exact details of the major prize, including but not limited to the dates that prize fulfilment is to occur and the exact location of the culinary experience.
Flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winners. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion. Should the winner be under the age of 18 they must be accompanied by their parent or legal guardian on the trip.
Major Prize winners will be accompanied by a representative of the Promoter during prize winner fulfilment.
The Promoter will provide accommodation, meals and reasonable travel costs associated with participating in the National Cook-off. Any additional costs (for example travel insurance) are the individual responsibility of each selected Team member.
National Finalists - The winning team from the Regional & Metro Cook-offs will be notified by 31July 2018 either in person or via email.
Major Prize Winners - will be notified in person at the Awards Night held on the 12 September 2018.
Prize Winner Publication Details
Regional or Metro Cook-offs - The names of the Team members competing in each Region will appear on the website http://www.nestle-goldenchefs.com.au/ on or before 31 May 2018.
National Finalists - The names of the Team members competing in the National Finals will appear on the website http://www.nestle-goldenchefs.com.au/ on or before 17 August 2018.
Prize Winners - The names and ages of the Minor and Major Prize Winners will appear on the website http://www.nestle-goldenchefs.com.au/ on or before 30 September 2018. Please also see clause 24 of the Conditions of Entry.
Entrants under the age of 18 must be accompanied by the parent or legal guardian to all events.
All entries and supporting materials become the property of the Promoter and will not be returned. Entrants are encouraged to send copies of any relevant supporting materials, rather than originals.
By entering the competition, entrants agree to comply with Nestlé requests to participate in publicity and promotion of the Nestlé GOLDEN CHEF’S HAT AWARD without payment. The Promoter may request their support in the form of comments for press releases, social media, photographs, video, media interviews, radio and/or television appearances. By entering the Promotion, each entrant agrees:
(a) that the Promoter, and/or other affiliated bodies: (i) may use their name, image, photograph/s and performances for publicity and promotion purposes, without compensation and without restriction or limitation throughout the world; (ii) may use, edit and reproduce and authorise the use, editing and reproduction of any images, photograph/s and video/performances; (iii) will own all rights, title and interest in the intellectual property (including copyright) in any such images, photograph/s and video clips/performance obtained as part of the promotional purposes; and (iv) have the right to publish, broadcast and/or communicate to the public any names, images, photo, video/performance on any platform; including posting images or livestreaming the event on Facebook and Instagram;
(b) to fully release Nestlé from any actions, suits, claims or demands which you may have against Nestlé arising directly or indirectly in respect of your participation in the Performance;
(c) to sign a performance waiver or any other document reasonably required by the Promoter in relation to promotional activities; and
(d) to procure, or assist Nestle to procure, consent from your employer, to be named in promotional / public relations material.
Unruly or rude behaviour or failure to follow the directions of the Promoter during the course of the Regional & Metro Cook-offs or National Final Cook-offs will not be tolerated. Any participant behaving in such a manner may be immediately disqualified (along with their Team member) from the competition by the Promoter, at the Promoter’s absolute discretion.
The Promoter reserves the right to refuse to allow a Team to take part in any or all aspects of the competition if the Promoter determines, in its absolute discretion that a Team member is not able to safely participate.
It is a condition of participating in the competition that Team members selected to participate in a Regional Cook-off and the National Cook-off sign a waiver of liability and an indemnity in the form determined by the Promoter in its absolute discretion.
Conditions of Entry
- These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.
- Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.
- Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
- Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.
- Entry by SMS: Should the Promotion require an SMS entry, the cost of sending a text entry is the responsibility of the entrant and will vary depending on the mobile network used. Total cost of text entry made within Australia will not exceed 60 cents including GST, whether sent during the Promotional Period or not. Entrants may need to consult their mobile phone provider prior to entering the Promotion.
- Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.
- Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value. The name of any prize winner will be published on the internet at www.nestle.com.au/productnews/winners
- Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
- Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.
- Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.
- Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. The Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.
- Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.
- Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.
- Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.
- Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.
- Prize Delivery: Prizes will only be delivered in Australia and prize winners will be provided with additional information surrounding prize delivery and fufillment.
- If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.
- If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.
- Australian Consumer Law: The winner should look to the manufacturer of products and provider of services awarded as prizes 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.
- Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.
- Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion.
- Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, 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, (subject to any written direction given by a relevant Regulatory Authority), 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.
- Publicity: Winners may be required to participate in interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.
- Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.
- Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.
- Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
- Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.
- Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.
- Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.
- Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.