TERMS AND CONDITIONS

First Month Free on Selected Machine Plus Subscriptions — Terms and Conditions

1. Promotion Name: Nespresso first month free on Select new Machine Plus Subscriptions (“The Promotion”).
2. Promoter: The Promoter is Nestlé New Zealand Ltd trading as Nespresso New Zealand of Level 3, 12-16 Nicholls Lane, Parnell, Auckland, NZ 1010.
3. Website: https://www.nespresso.com/nz/en/machine-subscription#/
4. Eligibility Criteria: This Offer is available to:
   • Residents of New Zealand aged 18+;
   • Who are new/existing Nespresso Members; and
   • Who become new members of Machine Subscription by Nespresso during the Promotional Period.

   This offer is NOT available to:

   • Existing Machine Plus Subscription Service subscribers who are currently on a Machine Subscription contract;
   • Existing Coffee Plus Subscription Service subscribers who currently hold an active Coffee Plus Recurring Order.
5. Promotional Period: The Promotion starts at 12.01am NZDT on 13 May 2024 and closes 11.59pm NZDT on 01 September 2024.
6. Participating Products: The Participating Products are the following Nespresso machines on Machine Subscription by Nespresso (subject to availability):

   Vertuo POP Aqua Mint Solo

   Vertuo POP Spicy Red Solo

   Vertuo POP Coconut White Solo

   Vertuo POP Liquorice Black Solo

   Vertuo POP Pacific Blue Solo

   Vertuo POP Mango Yellow Solo

   Vertuo POP Aqua Mint & Aeroccinno3

   Vertuo POP Spicy Red & Aeroccinno3

   Vertuo POP Coconut White & Aeroccinno3

   Vertuo POP Liquorice Black & Aeroccinno3

   Vertuo POP Pacific Blue & Aeroccinno3

   Vertuo POP Mango Yellow & Aeroccinno3

   Vertuo Next Deluxe Chrome & Aeroccino3

   Vertuo Next Premium Black & Aeroccino3

   Vertuo Next Cherry Red & Aeroccino3

   Vertuo Next White & Aeroccino3

   Vertuo Next Matte Black & Aeroccino3

   Vertuo Lattissima Black

   Vertuo Lattissima White

   Vertuo Creatista Stainless Steel

   Vertuo Creatista Black Truffle

   Essenza Mini & Aeroccino3 Pure White

   Essenza Mini & Aeroccino3 Pure Black

   Essenza Mini & Aeroccino3 Ruby Red

   Lattissima One Shadow Black

   Lattissima One Porcelain White

   Creatista Uno Plan

   Creatista Plus Stainless Steel

   Creatista Plus Black Truffle

   Creatista Plus Matte White

   Creatista Pro

7. Participating Retailers: Participating retailers are:
   1. Any Nespresso Boutique;
   2. The Nespresso Club on 0800 234 579; or
   3. The Nespresso Website; and
   4. Nespresso mobile app.
8. Offer: Subscribe to any one of the select 12- or 24-month Nespresso Machine Plus subscription plans during the Promotional Period and we will waive the first Monthly Fee.

   Note: Machine Fee, Total Minimum Costs, Early Termination Fees and recurring Monthly Fees apply. See ‘Machine Plus by Nespresso Conditions’ below and https://www.nespresso.com/au/nz/legal for more details.

9. Offer Availability: This Offer is subject to stock availability within the applicable channel. If stock runs out, the Promoter reserves the right to end the promotion.
10. Claim Method: To claim, Eligible Claimants must, during the Promotional Period:
    1. Visit a Participating Retailer and sign up to any of the select Nespresso Machine Plus subscription plans and accept the Machine Subscription Service terms and conditions, available at https://www.nespresso.com/nz/en/legal

    At Checkout Eligible Claimants will pay the Machine Fee, but your first Monthly Fee for their selected Nespresso Machine Plus Subscription Plan will be automatically waived.

    Note: Nespresso Machine Plus subscription plans have a 12- or 24-month Minimum Term and recurring Monthly Fees apply. All plans have a Total Minimum Cost. In addition, a Initial Fee is payable at the commencement of your Nespresso Machine Plus subscription plan. Early Termination Fees (if applicable) apply. See ‘Machine Plus by Nespresso Subscription Conditions’ below and https://www.nespresso.com/nz/en/legal for more details.

11. Machine Plus by Nespresso Conditions: Nespresso Machine Subscription Plans are an exclusive way of on boarding and welcoming you to the world of Nespresso, with an offer for a machine of your choice at a lower price. This offer comes with a 12 or 24 month contract depending on the model of your choice: each month you will pay a fee (‘Monthly Fee’). Your Monthly Fee becomes credit of the same amount that you can use to buy Nespresso coffee and accessories, to create your own coffee experience.

    Product description	Upfront Fee	Monthly cost (your first month is waived with this offer)	Term	Minimum Cost	Termination fee
    Vertuo POP Aqua Mint Solo	$50.00	$50.00	12 months	$650	$219.00
    Vertuo POP Spicy Red Solo	$50.00	$50.00	12 months	$650	$219.00
    Vertuo POP Coconut White Solo	$50.00	$50.00	12 months	$650	$219.00
    Vertuo POP Liquorice Black Solo	$50.00	$50.00	12 months	$650	$219.00
    Vertuo POP Pacific Blue Solo	$50.00	$50.00	12 months	$650	$219.00
    Vertuo POP Mango Yellow Solo	$50.00	$50.00	12 months	$650	$219.00
    Creatista Uno Plan	$250.00	$50.00	24 months	$1400.00	$250.00
    Creatista Plus Stainless Steel	$400.00	$75.00	24 months	$2125.00	$499.00
    Creatista Plus Black Truffle	$400.00	$75.00	24 months	$2125.00	$499.00
    Creatista Plus Matte White	$400.00	$75.00	24 months	$2125.00	$499.00
    Creatista Pro	$500.00	$100.00	24 months	$2800.00	$949.00

    Fees

    Initial Fee: Upon signing up to your Nespresso subscription, you will need to pay a machine fee between $10 and $500 as well as the Monthly Fee for the first month (your first Monthly Fee is waived with this Offer).

    Monthly Fee: Your Nespresso subscription plan has a fixed cost which will be charged to you once a month for the Term. The fixed cost is dependent on the plan that you sign up to and is outlined in the Fees Table. The Monthly Fee is to be paid by credit card and will be payable every month on the same day of the month as when your subscription was activated.

    Termination

    You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 579 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

    If you terminate before the Minimum Term, you will be required to pay a Termination Fee. The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription (see Fees Table above)

    If you terminate your subscription after the Minimum Term, you will not be required to pay a Termination Fee. Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months following termination and you will also retain your machine.

    Payments

    Payments must be made by credit card, debit card, club credit or PayPal. Payments made in boutique require credit card payment for the first payment. The Monthly Fee will be billed to your chosen method of payment each month until you terminate the subscription. You may change your primary form of payment at any time by logging into your Nespresso account online at Nespresso.com.au.

    If you fail to pay the Monthly Fee when due, Nespresso’s automated system will reattempt again until successful for two consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months (if on a monthly plan). If payment is still outstanding for 2 months, it will be considered a material breach of these terms by which Nespresso may provide you written notice to rectify the material breach. If you do not remedy that breach within days of the date of that notice, then Nespresso reserves the right to terminate your Subscription and claim Early Termination Fees as damages.

    Termination fees will apply if your Machine Plus plan is terminated before the minimum Term. To cancel your subscription, you may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 579 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

    Machine Subscription Benefits and Credits

    Each month during your Machine Plus plan, your Monthly Fee will turn into rolling credit to the value of that Monthly Fee which can be used to purchase Nespresso coffee or accessories. The Nespresso credit will automatically be added to a Nespresso account that is linked with your membership within 5 business days of receipt of the Monthly Fees. Your credit will remain on your account for 12 months after termination of your subscription plan and you will also retain whichever machine as part of your plan. Any unused Nespresso credit at the end of this period will be automatically converted to Nespresso capsules and sent to you. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com Nespresso credit is non-transferable and may not be exchanged for a cash equivalent.

    For full terms and conditions of Machine Plus by Nespresso visit https://www.nespresso.com/nz/en/legal for more details.

12. Maximum Claims Permitted: Claimants may claim this offer (1) time during the Promotion Period. Offers cannot be combined with any other Nespresso machine promotion, offer or discount.
13. Delivery: Free standard delivery on all machine orders.
14. Other Conditions:
    1. The Offer is available to New Zealand residents aged 18 years and over who provide a New Zealand postal address and comply with these Terms of Offer. Employees of Nestlé New Zealand Limited, any company associated with Nestlé New Zealand Limited, any company acting as a service provider for Nestlé New Zealand Limited and the employee’s immediate families are ineligible to claim this offer.
    2. Use with other offers: This Offer is not available in conjunction with any other Nespresso promotion, offer or discount. This Offer is not available at Costco (Costco is not a Participating Retailer). The Offer is not valid for commercial sales, second-hand, refurbished, trade seconds or similar products. The Offer does not apply to Nespresso Professional (also known as Nespresso Business Solution) machines or capsules.
    3. Verification: Nespresso has the right to verify the validity of all claims and may disqualify any individual claimant or group of claimants for tampering with the claim process. Proof of purchase documentation (in the form of a purchase receipt) must clearly show the Participating Retailer, the Participating Product, the price paid and the date of the purchase. The serial number of the machine must also be provided to Nespresso. Claim details that are ineligible or incomplete will be considered void.
    4. Returns: Nespresso may refuse any claim if the Participating Product is returned to the point of purchase, subject to the Consumer Guarantees Act 1993 [NZ].
    5. Privacy: Nespresso collects claimants’ personal information in order to conduct the Offer. All personal details are kept in accordance with the Nespresso Privacy Policy. Visit www.nespresso.com.nz/en/pages/legal to access the Nespresso Privacy Policy.
    6. Receipt of claims: Claims are deemed to be received at the time of receipt into Nespresso’s database. Nespresso is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by a claimant or occurring during transmission.
    7. Not transferable: All Offers unless stated to the contrary are not transferable & cannot be converted to cash.
    8. Stock Availability: The free / discounted Nespresso items or gifts are subject to stock availability and if there are stock availability issues, then Nespresso may supplement this offer with alternative items of equivalent or greater value or end the Promotion early. No cash alternative will be available in lieu of the stated items.
    9. Consumer Guarantee: These terms and conditions do not exclude or limit the application of any statutory provision including a provision of the Consumer Guarantees Act 1993 [NZ] where to do so would contravene that statute or cause any part of these terms and conditions to be void.
    10. Tampering: Nespresso may disqualify any individual claimant or group of claimants for tampering with the claim process. Tampering includes but is not limited to the utilisation of techniques designed to make multiple claims that are not associated with a separate eligible purchase, or submitting a claim which is not otherwise in accordance with these terms.
    11. 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 Nespresso which corrupt or affect the administration, security, fairness or integrity of the Promotion, Nespresso (acting reasonably) may modify the Promotion.
    12. Lay-bys: Lay-bys not paid in full by the end of the Promotional Period are excluded from this offer.
    13. Interest Free: Interest free purchases made at Participating Retailers are included in this offer. The claimant must provide Nespresso with the proof of purchase documentation (in the form of a receipt or valid invoice) that must clearly show the Participating Retailer, the Participating Product, the amount owing and the date of the purchase.

Care For You Fund — Terms and Conditions

1. Promotion Name: Nespresso ‘Care for You’ Promotion (“The Promotion”)
2. Promoter: The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as: Nespresso Australia of Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138 and Nestlé New Zealand Limited of 12-16 Nicholls Lane, Parnell, Auckland, New Zealand.
3. Permit Numbers: Authorised under permit numbers NSW: TP/02214, ACT: TP 23/02736, SA: T23/2102
4. Website: https://www.nespresso.com/nz/en/care-for-you-fund
5. Promotional Period: The Promotion opens at open at 12.01am AEDT on 5 March 2024 and closes at 11.59pm AEDT on 15 December 2024.
6. Nomination Period: Nominations open at 12.01am AEDT on 5 March 2024 and closes at 11.59pm AEDT on 13 November 2024.
7. Entry Restrictions: Subject to clause 3 of the Conditions of Entry, entry is open to residents of Australia and New Zealand who are aged 18 years or over (“Eligible Entrant”).
8. Entry Method: To nominate a Registered Charity for consideration, Eligible Entrants must during the Nomination Period:
   1. Go to https://www.nespresso.com/nz/en/care-for-you-fund and follow the prompts on the Nespresso Care for You Fund application page;
      
      *A “Registered Charity” for the purposes of this Promotion is a current registered charity under the Australian Charities and Not-for-Profits Commission or under the New Zealand Charities Services - to search for an Australian charity visit https://www.acnc.gov.au/charity/charities or to search for a New Zealand Charity visit https://register.charities.govt.nz/CharitiesRegister/Search
   2. Complete the entry form including (but not limited to) their name, email address and phone number as well as the name of the Registered Charity*, website URL of the nominated Charity and a link to their Charity registration page;
   3. Tell us in 150 words or less why they want the Registered Charity to receive a Nespresso ‘Care for You’ Prize/Donation (note: no identifiable personal information including the response to this question will be shared publicly without consent);
   4. Click on “submit” to finalise their entry. Entries must be received by the Promoter before the close of the Nomination Period.

   Winners will be determined in accordance with “Winner Determination” details below.

9. Maximum entries permitted: One (1) entry per person.
10. Winner determination Details: Winners will be determined as follows:

    (1) Shortlist of nominated Registered Charities: Draws will take place at Tactics Marketing Support, Unit 19/8 Tilley Lane, Frenchs Forest NSW 2086 on the dates/times listed in the schedule below. The Draws are electronic and nominated Registered Charities are shortlisted at random. SA draw approval number 1392. The first three (3) valid nominated Registered Charities drawn per Wave (see Schedule below for Wave dates) will proceed to a Public Vote. Note: Short list determination is a game of chance and skill plays no part in determining a shortlisted nominated Registered Charity, however all Registered Charities are subject to and must meet the Assessment and Suitability Criteria as outlined in the next section below. Where the Assessment and Suitability Criteria is not met, or a Registered Charity is unable to receive a Prize/Donation, the Registered Charity will be deemed invalid. In the event of this occurring, the Promoter reserves the right to randomly select a new Registered Charity which will also be required the Assessment and Suitability Criteria.

    (2) Public Vote: Once shortlisted Registered Charities have been randomly selected and validated in accordance with Assessment and Suitability Criteria below, it will proceed to a Public Vote. Public Votes will take place on https://www.nespresso.com/nz/en/care-for-you-fund during the Waves listed in the schedule below. Each voter should be an Australian or New Zealand Resident 18 years or older (“Voter”) and can vote by visiting https://www.nespresso.com/nz/en/care-for-you-fund by entering their name, state and email address and casting one (1) vote. Voting is capped at 1 per/Voter per Wave.

    (3) Winner determination: Each Wave for 3 Waves (see Wave dates in schedule below), the one (1) Registered Charity with the most Votes will be deemed “a "Major Donation Prize Winner" and will be awarded with a “Major Donation Prize”. The following two (2) remaining Registered Charities will each receive a ‘Minor Donation Prize’. Note: In the event that there is a ‘tie’ of Public Votes between two (2) or more shortlisted Registered Charities, or if there is evidence of tampering of votes or otherwise, Promoter retains discretion to select the Major Donation Prize Winner and Minor Donation Prize Winner(s).

    (4) Unsuccessful entries will rollover into subsequent draws.

    Schedule	Nomination Period	Draw date/time	Number of valid nominated Registered Charities shortlisted	Public Voting Period	Registered Charity Winners notified and announced
    Wave 1	05.03.24 (AEST) – 15.05.24 (AEST)	10am AEST 16/05/24	Three (3)	24.06.24 – 07.07.24 (AEST)	15.07.24
    Wave 2	05.03.24 (AEST)– 14.08.24 (AEST)	10am AEST 15/08/24	Three (3)	23.09.24 (AEST) – 06.10.24 (AEDT)	14.10.24
    Wave 3	05.03.24 (AEST) – 13.11.24 (AEDT)	10am AEDT 14/11/24	Three (3)	02.12.24 – 15.12.24 (AEDT)	13.01.25

    The ‘Winner’ of the Prize/Donation will be the Registered Charity.

11. Assessment and Suitability Criteria:

    (1) Registered Charities must be registered under either:

    • AU - https://www.acnc.gov.au/charity/charities
    • NZ - https://register.charities.govt.nz/CharitiesRegister/Search

    (2) Registered Charities must fit within one of the following categories:

    • Climate and nature
    • Community Development / Neighbourhood
    • Female empowerment
    • Food Action
    • Mental Health & Wellbeing
    • Sustainable production and consumption

    (3) Nespresso reserves the right to remove any charities which appear to:

    • Push a political or religious agenda.
    • Discriminate against a group/groups of people.
    • Misalign with the causes Nespresso already supports or Nespresso’s business model
    • Undertake any activities that could bring Nespresso into disrepute.

    (4) Registered Charities can win a maximum of one (1) Prize/Donation.

    (5) Registered Charities who are shortlisted will be contacted prior to the Public Vote to confirm that they wish to proceed as a Registered Charity in this Promotion.

    Where the above criteria is not met or a Registered Charity is unable to receive a Prize/Donation, the Registered Charity will be deemed invalid. In the event of this occurring, the Promoter reserves the right to randomly select a new Registered Charity which will also be subject to the Assessment and Suitability Criteria.

12. Prize/Donation:

    Type	No. Available	Details	Value
    Major Donation Prize	Three (1) (one every Wave)	The Major Donation Prize will consist of: The Promoter will donate 1 x monetary prize of $15,000 transferred to the bank account (or awarded via cheque) to the Registered Charity.	$15,000 AUD
    Minor Donation Prize	Six (two every Wave)	The Minor Donation Prize will consist of: The Promoter will donate 1 x monetary prize of $5,000 transferred to the bank account (or awarded via cheque) to the Registered Charity.	$5,000 AUD

13. Value of Prize Pool: Up to $75,000.00 AUD
14. Conditions of prize:

    As per conditions of entry. Prizes are not transferable.

    The beneficiary of the prize/donation will be the nominated Registered Charity, if approved. Donations will be made by the Promoter to the Registered Charity within 30 days of Winner Determination.

    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.

15. Donation/Prize Winner Notification and Publication Details: All Major and Minor Donation Prize Winners will be notified by telephone or email by the following dates. The details of the Registered charity will also be published on https://www.nespresso.com/nz/en/care-for-you-fund on the same date.
    • First Wave Winners - By 5pm AEST on 15 July 2024
    • Second Wave Winners - By 5pm AEDT on 14 October 2024
    • Third Wave Winners – By 5pm AEDT on 13 January 2025.
16. Prize Claim Date: All prizes must be claimed by 5pm (AEDT/AEST) within 12 weeks of Donation/Prize Winner Notification and Publication by responding to the Winner Notification. If the Donation/Prize is not claimed by the Prize Claim Date, the Donation/Prize may be forfeited and the Promoter may determine an alternative winner(s).
17. Unclaimed Prize Determination, Details and Prize Winner Notification and Publication Details: In the event that the prize is not claimed by the Prize Claim Date, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a re-draw from all remaining nominations received during the Nomination Period to distribute unclaimed prizes. The re-draw will take place at Tactics Marketing Support, Unit 19/8 Tilley Lane, Frenchs Forest NSW 2086 on the following dates/times. A Public Vote will not take place for the Unclaimed Prize Determination, however all Winners(s) drawn will need to meet the Assessment and Suitability Criteria as outlined above. The Winner(s) will be notified by telephone or email and their name will be published at https://www.nespresso.com/nz/en/care-for-you-fund on the same date.
    • First Wave Winners - By 5pm AEST on Mon 7 October 2024
    • Second Wave Winners - By 5pm AEDT on Mon 6 January 2025
    • Third Wave Winners – By 5pm AEDT on Mon 7 April 2025

Conditions of Entry

1. 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.

2. 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.

3. 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.

4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

5. 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.

6. 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.

7. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency and that the entrant meets all entry requirements. Where the Promotion requires the purchase of a product(s), the Promoter may 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.

8. Monetary Prizes: If money is offered as a prize, the prize may be awarded by way of cheque, EFTPOS card or transfer to a nominated bank account. If the prize is to be delivered by bank transfer, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited.

9. 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. To the extent permitted at law, 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.

10. 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.

11. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.

12. 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.

13. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.

14. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

15. Prize Delivery: Prizes will only be delivered in Australia / New Zealand and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian / New Zealand bank account details for their prize money to be deposited.

16. 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.

17. 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 / New Zealand. 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.

18. Tampering: The Promoter may 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 in future promotions of the Promoter.

19. 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 reasonable control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter may (subject to any written direction given by a relevant Regulatory Authority), 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, related to participation or sending or receiving of any communication or of any materials in this Promotion.

20. Publicity: If a winner agrees to participate in follow-up interviews and publicity then the Promoter may use their name, image, photograph/s, film and sound recordings for publicity and promotion purposes, without compensation, and the Promoter will own copyright in any such images, photograph/s, film and sound recordings and in all material incorporating the same.

21. Entry Content: The Promoter may adapt and use any entry content, 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.

22. 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.

23. Liability: To the extent permitted by law: (a) the Promoter’s only liability is as expressly stated in these terms and provisions in the Australian Consumer Law and Consumer Guarantees Act 1993 [NZ] that cannot be excluded, and all other guarantees, warranties and conditions are excluded; and (b) the Promoter will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit or loss of opportunity..

24. Consumer Guarantee: These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993 [NZ] or 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.

25. 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 or misleading and deceptive conduct.

26. 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.

27. Promoter’s Decisions: All decisions are at the discretion of the Promoter (acting reasonably) and are final. No correspondence will be entered into.

28. 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 X (formerly known as Twitter) from any and all liability relating to the Promotion (this release is a requirement of the operators of Facebook, Instagram and X (formerly known as Twitter)).

29. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.co.nz / www.nestle.com.au or calling 0800 830 840 (NZ) or 1800 025 361 (AU).