PARTICIPATION

1. Information on how to enter the Terry’s Father’s Day Promotion (Promotion) and the prize 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 special, discount or promotional offer unless indicated otherwise.
2. Entry is only open to Australian residents aged 16 years or over (Entrants). Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3. Employees (and the immediate families) of the Promoter, participating retailers of Guylian products and agencies associated with this Promotion are ineligible to enter. The promoter is Stuart Alexander & Co Pty Ltd (ABN 43 000 058 677) of Level 3, 1 Smail Street, Ultimo, NSW 2007 Australia (Promoter).
4. The Promotion commences at 12:01pm AEDT on 26^th August 2022 and entries close at 11:59pm AEDT on 31^st August 2022 (Promotional Period).

ENTRY

5. To enter the Promotion, Entrants must submit a valid entry during the Promotional Period as follows:
   • visit the Terry’s Facebook Page at https://www.facebook.com/Terrys-Chocolate-Orange-551118718244425 (Website); and
   • comment on the Father’s Day wall post and answer in 25 words or less – “we’re on the lookout for the world’s most unsquare dad. If you think you have him, let us know why in the comments for your chance to win!” (Promotion Question); and

6. Multiple entries are permitted, subject to the following: (a) each entry must be substantially unique in respect of the Entrant’s answer to the Promotion Question, submitted separately and in accordance with the entry requirements.
7. 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 not count towards the Promotion and will be regarded as invalid. Records of the Promoter are final and conclusive as to time of receipt. Incomplete, illegible or indecipherable entries will be deemed invalid.
8. Entrants can only enter from their own personal Facebook account. 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.

9. 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. 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;
   • they 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.

10. 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.

PRIZE AND WINNER SELECTION

11. This is a game of skill and chance plays no part in determining the winner. All valid entries will be judged based on literary and creative merit. The Promoter reserves the right to select reserve entries and record the reserve entries in order of merit in the event that the original entry (or any subsequent reserve entry) is deemed ineligible, or the winner (or any subsequent reserve) does not claim their prize in the required time in accordance with the instructions provided by the Promoter.
12. The top entry during the promotional period, as determined by the Promoter, will win a year’s supply of Terry’s Chocolate Orange, the product will be supplied as 4 deliveries over a 12month period. Total 432 TCO Balls @ RRP $6.50 each, total prize value $2,808 RRP. (SEPT 2022 – 1x outer of 72, NOV 2022 – 2x outers of 72, APRIL 2023 – 2x outers of 72, AUGUST 2023 – 1x outer of 72)
13. The Promoter will not, to the fullest extent permitted by law, take any responsibility for the prize being lost and/or sent to an inaccurate/incorrectly provided address.
14. Each winner will be contacted by Facebook messenger within 3 days of the judgement date and must claim their prize and provide contact and delivery details in accordance with their entry within 3 working days from being contacted. The promoter reserves the right to select additional winners, to be contacted if the original winners do not claim their prize within the 5 working days. Delivery of the prize will be made to their chosen address.
15. If the winner of the prize is under 18 years of age, the prize will be awarded to the winner’s nominated parent or guardian, unless the parent or guardian approves the prize to be awarded to the entrant.

GENERAL

17. The Promoter’s decision is final, and no correspondence will be entered into.
18. Prize is not transferable or exchangeable, unless otherwise specified.
19. If for any reason a winner does not claim the prize by the time stipulated by the Promoter, then the prize will be forfeited.
20. In the event of war, terrorism, state of emergency or disaster (including but not limited to earthquakes), the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify the prize.
21. 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.
22. Any cost associated with entering the Promotion, or accessing the Website is the Entrant’s responsibility.
23. Any documentation associated with the prize is void if lost, stolen, forged, mutilated or tampered with in any way.
24. 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 each of its respective officers, employees and agents) exclude 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.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) shall not be 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) 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; (e) any tax liability incurred by a winner or Entrant; or (f) the prize.
26. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. 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 Facebook. Facebook 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.
27. 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 (you may request a copy of the Privacy Policy by contacting the Promoter at [email protected]).
    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. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

28. 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.
29. For any queries regarding this Promotion, please contact the Promoter (Stuart Alexander) via their customer service department on 1800 188 484 or [email protected]. They’re contactable by phone between 8am-4pm (AEST).