Terms & Conditions
  1. Information on how to enter and prizes form part of these terms and conditions. By submitting a photo captioned #NutellaMorningVibe on Facebook or Instagram and otherwise participating in this competition, entrants agree to be bound by these terms and conditions. Entries must comply with these terms and conditions to be valid.
  2. Entry is open to residents of Australia and New Zealand aged 18 years of age and over. Employees (and their immediate families) of the Promoter and its agencies associated with this competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  3. To enter, each entrant must, during the Entry Period:
    1. Access your own Facebook page and upload an original image, video or GIF that represents your ‘morning vibe’, including the hash tag #NutellaMorningVibe. Ensure your photo is made ‘public’ when posting your entry, so it is viewable for judging;
    2. OR
    3. Access your own personal Instagram account and upload an original image, video or GIF that represents your ‘morning vibe’, including the hash tag #NutellaMorningVibe. Ensure your photo is made ‘public’ when posting your entry, so it is viewable for judging.
  4. "Platform" means Facebook or Instagram, as applicable. Each image must feature the entrant but may feature other people as well. Images which do
    1. not feature the entrant will be deemed void. Only the entrant will be eligible to win the prize.
    2. Multiple entries will be accepted; however, each entry must be substantially unique and submitted separately and in accordance with entry requirements.
  5. The competition commences at 8am AEDT on 04/09/2020 and closes at 4pm AEDT on 21/10/2020 ("Entry Period").
  6. Entries must be received by the Promoter during the Entry Period. Entries received after 4pm AEDT on 21/10/2020 will not be accepted
  7. This competition is a game of skill. Chance plays no part in determining the winners. All entries will be judged individually on their merits based on the creativity of the image and how well the image captures the entrant's ‘Morning vibe’. Images which feature more than one person will be judged as a whole, and not based on any one individual, but only the entrant will be eligible to win a prize. The judges’ decision is final and binding - no correspondence will be entered into.
  8. Judging will take place at Unit 4/52 Queen St, Beaconsfield NSW, at 10am AEST/AEDT (as applicable) on Monday, 26 October 2020. Entries will be judged by a panel of judges from the Promoter and the Promoter’s agency, Think.
  9. 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.
  10. The forty (40) best valid entries as determined by the judges will each win a Nutella Lightbox valued at $30.00.
  11. 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. By uploading Content to enter in accordance with clause 3, each entrant agrees that:
    1. each person depicted in the Content uploaded must be decently dressed and presented and the Content is not 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;
    2. all Content is subject to the approval of the Promoter. The Promoter reserves the right to vet all entries at any time and may request the removal of any entries from Facebook or Instagram at any time in its absolute discretion, without further notice. However, the Promoter is not responsible for any Content uploaded to any Platform or the Website and visitors to each site view it at their own risk;
    3. their Content is original and does not infringe the intellectual property rights of any third party. Entrants must own the copyright in the Content uploaded or be entitled and have permission to use the Content in the manner contemplated by these terms, including use of the Content for promotional purposes;
    4. their Content shall not contain viruses or cause injury or harm to any person or entity;
    5. 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;
    6. the entrant has the permission of each other person featured in the Content, or, if any other person is under the age of 18, the permission of their parent or legal guardian, to enter the Content in accordance with these terms and conditions, including consent to each condition in this clause; and
    7. the entrant has notified each other person featured in the image, or, if any other person is under the age of 18, that person’s parent or legal guardian, of the Promoter’s privacy policy (available at https://www.ferrero.com.au/Privacy-Policy) and each person or parent or legal guardian (as the case may be) has agreed to that privacy policy.
    Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  12. There are forty (40) prizes to be won in total. The total prize pool = AUD$1,200.00.
  13. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  14. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If the promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, then the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to (a) disqualify any entrant; or (b) modify, cancel, terminate or suspend the competition, as appropriate.
  15. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter, in its discretion reserves the right to substitute the prize with a prize of equal or greater value and/or specification.
  16. The winners will be notified via direct message on the Platform that their entry was submitted to, by 5pm AEDT (as applicable) on the 29th October 2020, in which they will need to provide their address details for the prize to be sent to.
  17. If a winner does not respond to the Promoter’s direct private message within 7 days of notification, that winner will forfeit the prize and the prize will be awarded to the next best entry (as determined by the judges). The Promoter will not be liable for a winner who does not respond to the Promoter’s direct private message or who does not accept the Promoter’s "follow" request and therefore forfeits their prize and no correspondence will be entered into.
  18. 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.
  19. The Promoter reserves the right, at any time, to request verification of age, identity, email address of the winner and any other information from entrants relevant to entry into or participation in this competition, including proof that the winner is actually featured in the winning image. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who it has reason to believe has breached any of these Terms and Conditions, provided false information, failed to provide information, conspired with others to gain an unfair advantage or who has engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the competition or is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this competition. 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.
  20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
  21. Any cost associated with accessing a Platform is the entrant’s responsibility and is dependent on the Internet service provider used.
  22. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  23. As a condition of entering this promotion, entrants licences and grants the Promoter, its affiliates and sub-licensees an unrestricted, non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, divisible right and license to use, reproduce, modify, adapt, publish, display and modify their entry (which shall include Content) for any purpose including but not limited to future promotional, marketing or publicity purposes in any media, without the payment of any further fee or compensation, attribution or liability. To the extent permitted by law, entrants unconditionally and irrevocably consent to any use of the Content that would otherwise infringe any moral rights in their entry pursuant to the Copyright Ac 1968 (Cth) and warrant that they have the full authority to grant these rights.
  24. Entrants acknowledge that use of the Platforms is subject to the terms and conditions of that Platform. The Promoter is not responsible or liable for any loss, damage or injury suffered by any entrant as a result of the conduct of any of the Platforms, including the decision of any Platform to remove or not remove any images, except for liability which cannot be excluded by law. In particular, the thoughts and views expressed on each of the Platforms, including the Facebook page, are only the thoughts and views of the individual that posted them. They are not representative of the opinions of the Promoter, nor does the Promoter confirm, guarantee or warrant the accuracy, completeness or usefulness of any post. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. It is a condition of entry that each entrant grants a complete release to Facebook from any claims that they now have or may have in the future which relate to or are incidental this promotion (including taking/use of a prize). Details from entries are being collected by the Promoter and not by any Platform. 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.
  25. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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) 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 the promotion.
  26. 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) 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) use of a prize.
  27. Entries remain the property of the Promoter. Details from entries will be collected and used for the purposes of conducting this competition (which may include disclosure to third parties for the purpose of processing and conducting the competition) and for promotional purposes surrounding this competition. By entering this competition entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant. Entrants may access, change and/or update their personal information, or find details on 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. Entrants can obtain a copy of the Promoter’s privacy policy and Privacy Collection Statement by contacting the Promoter on (02) 9409 8800 during office hours or visiting https://www.ferrero.com.au/Privacy-Policy. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy), and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
  28. Promoter: Ferrero Australia (ABN 29 001 249 261) of 36th Floor, 100 Miller Street, North Sydney, NSW 2060; telephone: +61 (02) 9409 8800.