MARS COMMUNITY CUP 2018 RETAILER COMPETITION CONDITIONS PARTICIPATION 1. This Mars Community Cup Retailer Competition (the Competition ) is conducted by Mars Australia Pty Ltd, trading as Mars Chocolate, ABN 48 008 454 313, of Ring Road, Wendouree VIC 3355 (the Promoter ). 2. Entry into the Competition constitutes acceptance of these conditions. 3. The Competition is only open to Eligible Entrants. An Eligible Entrant is a Supa IGA, IGA, IGA Express, Foodland, Foodworks or IGA Plus Liquor Store supermarket located in Australia. 4. Competition Entry is open during 3 separate Entry Periods. (i) (ii) Entry Period 1: entry is open from 9am on 26/02/2018 to 5pm on 25/03/2018 (Melbourne time). Entry Period 2: entry is open from 9am on 18/06/2018 to 5pm on 08/07/2018 (Melbourne time). (iii) Entry Period 3: entry is open from 9am on 10/09/2018 to 5pm on 07/10/2018 (Melbourne time). All times and dates are times and dates in Melbourne which may be AEST or AEDT depending on the date. 5. The Competition is conducted in conjunction with the Mars Community Cup Competition (the Consumer Competition ). Full terms and conditions of the Consumer Competition are available at www.marscommcup.com.au CLUB NOMINATION 6. To participate in the Competition, an Eligible Entrant must receive permission from one Eligible Sports Club to be the Eligible Entrant s nominated sports club ( Nominated Club ) for the relevant Entry Period. Eligible Entrants must receive the express consent of the Nominated Club and its authorised representative to provide the personal information required under condition 13. If the Eligible Entrant fails to obtain such consent, the entry will be invalid and the Promoter may disqualify the Eligible Entrant from entering the Competition. 7. An Eligible Sports Club means any non-professional sporting club located in Australia excluding any shooting, fighting or similar club. The Promoter reserves the right to preclude a club from being a Nominated Club at its absolute discretion. 8. An Eligible Entrant may only enter the Competition once during each Entry Period.
9. For the avoidance of doubt, an Eligible Sports Club may be nominated by more than one Eligible Entrant during each Entry Period. 10. An Eligible Sports Club may be a Nominated Club for more than one Eligible Entrant during each Entry Period. 11. Nominated Clubs will be contacted by the Promoter via email upon entry into the Competition by their respective Eligible Entrant. ENTRY 12. Entry can only be made online. To submit an entry, an Eligible Entrant must, during the relevant Entry Period, use a compatible browser to visit www.marscup.com.au ( Competition Website ) and follow the entry instructions. 13. To enter, an Eligible Entrant must provide: (a) the name, position and contact details of the Eligible Entrant s authorised representative; (b) the Eligible Entrant s store number as identified on receipts provided to its customers; (c) the details of the Eligible Entrant s two Nominated Clubs, including the name and contact details of each Nominated Club s authorised representative; (d) an acknowledgement that the Eligible Entrant has complied with condition 6; and (d) all other details required at the Competition Website. 14. All entrants must ensure that their entries are received by the Promoter during the Entry Period. The Promoter takes no responsibility for any late or misdirected entry or for any delays or failures in any telecommunications service or equipment. 15. All entries to the Competition may be subject to verification by the Promoter. The Promoter will reimburse an entrant for any reasonable costs incurred in complying with this condition. 16. An entrant MUST also deliver to the Promoter (by a means determined by the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win. The Promoter may make one or more requests for such documents. Once the identity of documents available is established, an entrant must deliver requested copies within 7 days of being asked to do so. At the Promoter's request, an entrant MUST also, within 7 days of being asked, allow the Promoter to inspect and copy the original of any such document. 17. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant: (a) fails to establish its entitlement to enter the Competition to the Promoter's reasonable satisfaction; or (b) fails to produce items as required by condition 13 or produces items that, in the Promoter's reasonable opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or (c) in the Promoter's reasonable opinion, tampers with the entry process or benefits from such tampering; or (d) in the Promoter's reasonable opinion, submits an entry which is not in accordance with these Conditions.
COMPETITION RULES 18. During each separate Entry Period, an Eligible Entrant will be awarded one point for every valid entry into the Consumer Competition that is made in relation to the Eligible Entrant s store. Any points relating to valid entries in the Consumer Competition occurring prior to an Eligible Entrant entering the Competition will be recorded by the Promoter and automatically awarded to the Eligible Entrant upon entry into the Competition during that Entry Period. 19. During each separate Entry Period, an Eligible Entrants may upload photos to the Competition Website of the in-store display which show the details of the Nominated Clubs for the relevant Entry Period ( In-Store Displays ). 20. In-Store Displays: (i) must: (a) (b) not be offensive or be likely to cause offence to other persons; be free of any claims, including copyright claims, by other parties; and (c) comply with the Mars Marketing Code (available at http://www.mars.com/global/about-us/policies-andpractices/marketing-code), including by not showing any children under 12 consuming any chocolate and confectionary products; (ii) may include brands owned/licenced by the Promoter or the Eligible Entrant, but may not include any third party brands, trademarks or logos. 21. Before uploading a photograph of an In-Store Display that depicts any person(s), an entrant MUST obtain the consent of every person depicted in the photograph to the entrant submitting the photograph as part of the entrant s entry. If any person so depicted is under the age of 18 years (a Minor ), the entrant must also obtain such consent from a legal guardian of that Minor. PRIZE ALLOCATION 22. At the end of each Entry Period, the 25 Eligible Entrants that have been awarded the most number of points in accordance with condition 18 will be ranked from First Place (the Eligible Entrant(s) with the most points) to Last Place (the Eligible Entrant(s) with the least number of points). 23. The Eligible Entrants that are ranked 25 th Place or better at the end of an Entry Period, subject always to condition 24, will each win $2,000 (a Major Prize"). 24. If there is a tie between two or more Eligible Entrants for the 25 th Major Prize, in order to determine the winner of that Major Prize, the Promoter will judge the In- Store Display(s) of each Eligible Entrant that is tied for this Major Prize. If none of the Eligible Entrants tied for the 25 th Major Prize have valid In-Store Displays, the Eligible Entrant that entered the Competition earliest during the relevant Entry Period as determined by the Promoter will be the winner of the Major Prize.
25. Where the circumstances in condition 24 occur at the end of an Entry Period, a judging session will take place within seven days of the last day of the respective Entry Period to determine the final winners of the Major Prizes ( Judging Session ). 26. If a Judging Session is required, the relevant In-Store Displays will be judged on originality, creativity and authenticity (the more the better) (the Judging Criteria ). The Eligible Entrant(s) whose In-Store Display(s) are judged to be the best according to the Judging Criteria, will win a Major Prize. 27. Each Major Prize is won by the winner for the benefit of the Eligible Entrant s Nominated Club. The winner will have no legal or beneficial right to the Major Prize. The Nominated Club of the winners of the Major Prizes will receive, subject to these conditions, $2,000. For the avoidance of doubt, if an entry is deemed invalid for any reason, a Nominated Club will have no entitlement to any portion of a Major Prize and neither the entrant nor the Promoter will have any liability to the Nominated Club for any loss, including any loss of opportunity or other damage as the result of the invalid entry. 28. There are 25 Major Prizes available to be awarded during each Entry Period, with a total of 75 Major Prizes available to be awarded during the Competition. The total value of the Major Prizes available to be awarded during the Competition, over all three Entry Periods, is $150,000. 29. Winners and Nominated Clubs will both be contacted by the Promoter to inform them of the Major Prize allocations. 30. The Major Prizes will be distributed by the Promoter directly to each winner s Nominated Clubs. 31. If a Nominated Club acts in a manner which has, or may have, the effect of bringing the Promoter or its brands into disrepute through the potential association with the Nominated Club, the Promoter may refuse in its absolute discretion to not award the Nominated Club s allocated portion of the Major Prize. 32. For the avoidance of doubt, and without limiting the Promoter s discretion under condition 31 in any way, such actions which have, or may have, the effect of bringing the Promoter or its brands into disrepute include acts or omissions by the Nominated Club which endanger, or have the potential to endanger, the safety or well-being of the Nominated Club s members or the general public. PUBLICATION OF PHOTOGRAPHS ETC. 33. As a condition of entry, each entrant irrevocably grants to the Promoter a nonexclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to any photograph and/or text submitted as an entry or part of an entry ( Work ) and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant s Work(s) for any purposes at its discretion, including, without limitation, using the entrant s
Work(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Work submitted is an original work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant s breach of the warranty set out in this condition. 34. If any Work includes any person(s), each entrant warrants that they have obtained the consent of the person(s) in the Photograph to the Promoter using the Photograph in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. GENERAL 35. If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition. 36. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant, (ii) any theft, destruction or unauthorised access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise). 37. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING. 38. All of the Promoter s decisions are final and no correspondence will be entered into. 39. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or Prizes, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury
or death. Nothing in these conditions is intended to exclude, restrict or modify an entrant s rights under the Competition and Consumer Act 2010. PRIVACY 40. The Promoter (we, us or our) collects your personal information when you submit an entry to this Competition, including the personal information provided by Nominated Clubs. 41. We collect this personal information for the purposes of your entry into the Competition, and to send you marketing communications about our brands, products and/or services. We may also use the personal information you give us to provide prizes, for consumer care and research purposes, and for other purposes, as described in our privacy policy. 42. If we do not collect the personal information you have provided in the entry form, you may not be able to submit a valid entry into the Competition and may not be able to receive communications about our brands, products and services which may be of interest to you. 43. We may disclose your personal information to our family of companies and to our vendors or service providers. We require these companies to comply with the Australian privacy laws that apply to your personal information. 44. Our privacy policy at http://www.mars.com/global/policies/privacy/pp-australiaen.aspx contains information about: how you may access the personal information that is held by us and seek correction of such information; and how you may complain about a breach of the Australian Privacy Principles, or a registered privacy code that binds us, and how we will deal with such a complaint. If you need to contact us, or have any questions, please use the online contact form or the other contact details on our Contact Page.