MENTOS MYSTERY CONSUMER PROMOTION – ONLINE COMPETITION

TERMS AND CONDITIONS

PARTICIPATION

  • Information on how to enter the “Mentos Mystery Consumer promotion (Promotion) and the prizes form part of these Terms and Conditions. By participating, Entrants (as defined below) agree to be bound by these Terms and Conditions. Promotion is not valid in conjunction with any other competition, special, discount or promotional offer unless indicated otherwise.
  • Entry is only open to Australian residents aged 13 years or over (Entrants). Entrants under the age of 18 years must obtain the consent of their parent or guardian before participating in the Promotion. If the Prize is won by an Entrant under the age of 18, the Prize will be delivered to that Entrant’s parent or guardian on their behalf. Employees (and their immediate families) of Stuart Alexander & Co Pty Ltd (ABN 43 000 058 677) of Level 3, 1 Smail Street, Ultimo, NSW 2007, Australia (Promoter) and agencies associated with this promotion are ineligible to enter.
  • The Promotion commences at 12:01am (AEST) on 9 March 2021 and entries close at 11:59pm (AEST) on 20 April 2021 (Promotional Period). All times are based on Sydney local time.

ENTRY

To enter the Promotion, Entrants must fill in the online entry form located at http://www.mentosmadefromawesome.com and submit a valid entry by providing a response to “In 25 words or less, tell us the name of the 3 new Mentos Mystery flavours and why they’re awesome for your chance to win” (Response).

  • Multiple entries permitted, subject to the following: (a) each entry must be substantially unique in respect of the Entrant's submission, submitted separately and in accordance with the entry requirements; and (b) each entry must be submitted separately and in accordance with entry requirements.
  • All entries must be received by the Promoter during the Promotional Period. Entries received before the start of the Promotional Period or after the close of the Promotional Period will be deemed invalid and will not be eligible to win any prize. Records of the Promoter are final and conclusive as to time of receipt. Incomplete, illegible or indecipherable entries will be deemed invalid.
  • Entrants can only enter in their own name and not on behalf of another individual. 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 Entrant 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.

PRIZES AND WINNER SELECTION

  • There will be one (1) Major Prize and five (5) Minor Prizes. Entries will be judged based on the creativity and literary merit. The first best entry will win the Major Prize and the second, third and fourth best entries will win the Runner-up Prize.
  • The Major Prize will consist of:
    • the creation of a 2D caricature of the Entrant, to be featured as a Mentos Taste Technician in the Mentos Mystery Revealed campaign; and
    • one (1) Mentos Gift Pack valued at AUD $250.
  • Each Minor Prize will consist of a Mentos Gift Pack valued at AUD $250.
  • The winners of the Major Prize and Minor Prizes will be selected on 23 April 2021 and will be contacted between 26 April 2021 and 30 April 2021. The Mentos gift packs will be sent to the winners’ nominated address by Australia Post on or before 31 May 2021, subject to clause 14 below.
  • The Promoter will not, to the fullest extent permitted by law, take any responsibility for the Major or Minor prizes or part of the Major or Minor Prizes being lost and/or sent to an inaccurate/incorrectly provided address.
  • The original winners of each prize must claim their prize before 11:59pm (AEST) on 3 May 2021 by following the instructions referred to by the Promoter, , including but not limited to supplying additional photos of the Entrant. If the Major or Minor Prizes remain unclaimed after 3 May 2021, then the Unclaimed Prize Winner must claim the prize within two weeks of being notified by the Promoter, and in accordance with the instructions provided by the Promoter.
  • The original winners of each prize must claim their prize before 11:59pm (AEST) on 3 May 2021 by following the instructions referred to by the Promoter, , including but not limited to supplying additional photos of the Entrant. If the Major or Minor Prizes remain unclaimed after 3 May 2021, then the Unclaimed Prize Winner must claim the prize within two weeks of being notified by the Promoter, and in accordance with the instructions provided by the Promoter.
  • To claim the Major Prize, the winner of the Major Prize must:
    • provide the Promoter with a high resolution (ie at least 300 DPI) photo of the Entrant in digital format; and
    • sign, and provide the Promoter with, a talent release in a form provided by the Promoter, authorizing the Promoter to use the winner’s image and caricature to promote Mentos branded products.
  • The total prize pool for this Promotion is valued at AUD$9,250.
  • The Promoter’s decision in all matters relating to this Promotion is final and no correspondence will be entered into.
  • Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  • If a Major or Minor Prize (or an element of a Major or Minor Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that element of the prize) with another prize of equal value and/or specification.
  • If for any reason a winner does not use, redeem or take a Major or Minor Prize (or an element of a Major or Minor Prize) by or at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.

GENERAL

  • Entrants who win a prize consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same), in any media, for an unlimited period and without remuneration, for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  • Entrants agree that they are fully responsible for any materials they submit via the Promotion (as part of entry or after winning) 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. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  • 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;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • hey will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • 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;
  • 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
  • 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.

  • 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.
  • 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) to modify, suspend, terminate or cancel the Promotion, as appropriate.
  • Any cost associated with entering the Promotion, or accessing the Promotional Website is the Entrant’s responsibility and is dependent on the Internet service provider used by the Entrant.
  • Any documentation associated with a prize, including tickets and vouchers, are void if stolen, forged, mutilated or tampered with in any way.
  • 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) is not responsible for and 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) the Promotion; (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (c) any theft, unauthorised access or third party interference; (d) 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; (e) any variation in Prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or Entrant; or (g) use, redemption or taking of a prize.
  • As a condition of accepting a prize, each prize winner, must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  • The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information 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 Entrants providing their personal information. The Promoter will collect, store, use and disclose personal information as set out in its Privacy Policy (see http://www.stuartalexander.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 personal information 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 personal information, 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. The Promoter will not disclose personal information overseas. All entries become the property of the Promoter and all Entrants consent to any use of their entry 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. 
  • The laws in force in New South Wales apply to this Promotion to the exclusion of any other law. Entrants submit to the jurisdiction of the courts of New South Wales.
  • For any queries regarding this Promotion, contact customer service on 1800 188 484 or mentos@stalex.com.au. Open 8am-4pm (AEST/AEDST).