TERMS AND CONDITIONS

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

    The Promoter is Arnott’s Biscuits Ltd (ABN 44 008 435 729) of 24 George Street, North Strathfield NSW 2137, telephone (02) 8767 7000 (Australia) and Arnott’s New Zealand Limited (Company No. 208653) of Level 1, 61-73 Davis Crescent, Newmarket, Auckland, 1023, New Zealand (New Zealand) (“Promoter”)

  2. Entry is only open to Australian and New Zealand residents aged 18 years or over. Employees (and their immediate families) of the Promoter (including Arnott’s New Zealand Limited), participating retailers and agencies associated with this promotion 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. The promotion commences 12:00am AEST on 27/05/2019 and ends 11:59pm AEST on 19/07/2019 (“Promotional Period”).
  4. To be eligible to enter individuals must purchase a specially marked packet of Tim Tam biscuits from any retailer nationally in Australia or New Zealand during the respective Promotional Period (“Eligible Products”). Specially marked packs of Arnott’s Tim Tam will include original 200g, classic dark 200g, white 165g, chewy caramel 175g and double coat 200g.
  5. There are two elements to this promotion, the daily prize component (“Daily Prize Component”) and the wish component (“Wish Component”).

    Daily Prize Component

  6. To participate in the Daily Prize Component (“Daily Prize Component”) eligible individuals must complete the following during the Promotional Period:

    (i) purchase an Eligible Product;

    (ii) visit www.timtam3wishes.com and follow all the prompts on the entry page; and

    (iii) submit the fully completed entry form.

  7. There will be one (1) draw for each hour between 12:00am AEST and 11:59pm AEST on each day of the Promotional Period (each an “Hourly Draw”) at Edge Loyalty address of L1, 500 Chapel Street, South Yarra, VIC 3141. Each Hourly Draw will draw one (1) Hourly Winner from all entrants received within that hour to which the Hourly Draw relates. There will be twenty-four (24) prizes available to be won each day of the Promotional Period, and a total of one thousand, two hundred and ninety-six (1,296) prizes to be won in total. For avoidance of doubt, entries received that are not deemed a Hourly Winner of that Hourly Draw will not be entered into future Hourly Draws but all entries will be entered into the second chance draw (see clause 26). The Promoter will use an approved computer drawing system to randomly draw one (1) Hourly Winner in each Hourly Draw. For further avoidance of doubt, there will be one (1) Hourly Draw for all entries received from both Australia and New Zealand collectively with one (1) winner chosen.
  8. Individuals will be notified hourly, in writing via email, if they are a provisional winner of a prize (“Hourly Winners”). Provisional Hourly Winners will be directed to a promotional page where individuals must complete the following to validate their entry and receive their prize:

    (iv) upload a copy of their receipt as proof of purchase; and

    (v) confirm their email address

    For avoidance of doubt, daily prizes (“Daily Prizes”) will be fulfilled to the nominated email address confirmed by Hourly Winners. If an Hourly Winner is subsequently found not to be an Eligible Entrant, or their entry is deemed invalid under these Conditions, the Daily Prize will be forfeited.

  9. All Hourly Winners names will be published on 16/08/2019 online at www.timtam3wishes.com for 28-days. All Hourly Winners will be deemed provisional winners only, until confirmed as verified winners upon validation of their entry by the Promoter.
  10. Daily Prizes: Each Daily Prize is a Visa prepaid gift card with a Pre-Paid value of $100.00AUD (“Daily Prizes”).

    Wish Component

  11. For the purposes of the Wish Component, there will be a total of three (3) specially marked packets of Tim Tam that will contain a golden lamp inside the pack (each a “Golden Tim Tam Pack”). Each Golden Tim Tam Pack will be secretly planted by the Promoter at locations that have been previously determined by random selection during the Promotional Period.
  12. Individuals that find a Golden Tim Tam Pack during the Promotional Period, will each win the Wish Prize (defined below). Individuals must retain the golden lamp inside their Golden Tim Tam Pack and follow the instructions provided to claim their prize, this will include sending the golden lamp to the Promoter for verification. Wish Prizes must be claimed by no later than 11:59pm AEDST on 20/10/2019.
  13. Each wish prize consists of up to $100,000 towards fulfilling the winner’s wish or wishes (“Wish Prize”). The wish prize amount will correspond to the local currency of the winner’s country of residence (AUD/NZD). There will be three Wish Prizes in total. The Promoter will work together with each winner to organise fulfilment of the winner’s wish or wishes. The Promoter will fulfil up to three (3) wishes for each winner of a Wish Prize up to the total value of $100,000. In the event fulfilment of the winner’s wish/s will cost less than $100,000, any remaining value will be forfeited by the winner and will not be redeemable for cash. In the event fulfilment of the winner’s wish/s will cost more than $100,000, the winner may select to pay the difference in cost to have their wish/s fulfilled. In the event there is a disagreement between the winner and the Promoter regarding the fulfilment of a wish, the Promoter’s decision will be final. In the event the Promoter is unable to organise fulfilment of the winner’s wish/s, the Promoter will award the winner $100,000 in the form of a cheque made out in the winner’s name. The Promoter will only fulfil wishes that are lawful and consistent with community standards. Wish Prizes must be fully redeemed by 18/10/2020.
  14. Winners of a Wish Prize will be announced online at www.timtam3wishes.com on 15/11/2019 for 28-days.

    General

  15. In addition to uploading a receipt for the purposes of claiming a Daily Prize, entrants must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
  16. 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.
  17. Incomplete or indecipherable entries will be deemed invalid.
  18. Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted per Eligible Product purchased; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) a maximum of three (3) entries per person per day is permitted.
  19. 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.
  20. The Promoter’s decision is final and no correspondence will be entered into.
  21. All rewards are subject to the relevant reward supplier's conditions, including the following conditions which apply to the Visa prepaid gift Cards:
    a) Visa prepaid gift Cards are issued by Heritage Bank Limited, ABN 32 087 652 024 AFSL/ACL No. 240984
    b) Visa prepaid gift Cards can be used for purchasing goods and services where ever Visa prepaid cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions). The Card is not a credit card and nor is it linked to a deposit account with us. Some merchants may choose not to accept Visa Prepaid cards.
    c) Visa prepaid gift Cards must be activated within three (3) months of dispatch to a Claimant, as detailed in the instructions that accompany the Visa prepaid gift Card;
    d) Visa prepaid gift Cards are valid until the expiry date shown on the front of the card, after activation. Upon expiration, the gift card will not be available for use.
    e) Visa prepaid gift Cards are not transferable or exchangeable and cannot be redeemed as cash;
    f) any ancillary costs associated with redeeming the Visa prepaid gift Card are not included. This may include, for example, any fees charged by merchants for using the Card, or currency exchange fees;
    g) The Card is like cash and may not be replaced if misused, lost, stolen or damaged;
    h) if for any reason a Claimant does not redeem the entire balance on the Visa gift Card by its expiry, any remaining balance on the Visa gift Card will be forfeited; no notice will be provided prior to expiry
    i) any unused balance on the Visa Card cannot be redeemed as cash;
    j) A 2.99% foreign exchange conversion fee applies to transactions in any currency other than Australian dollars and is calculated on the Australian dollar transaction amount. This will be included in the total transaction amount debited to the Card.
  22. It is a condition of accepting a Daily Prize that the winner must comply with all conditions of use of the relevant prize supplier’s requirements.
  23. Subject to the unclaimed prize draw provisions in clause 26, if for any reason the winner does not take or redeem a prize (or an element of the prize) at or by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  24. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  25. Total prize pool value is up to $429,600 in the local currency. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  26. A draw for any unclaimed prize may take place on at 10:00am 21/10/2019 at Edge Loyalty address of L1, 500 Chapel Street, South Yarra, VIC 3141, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing within two (2) business days of the draw and their names will be announced online at www.timtam3wishes.com on 15/11/2019.
  27. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  28. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  29. Any cost (including data costs) associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.
  30. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any unclaimed instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
  31. 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 (Commonwealth of Australia), the Consumer Guarantees Act (NZ) as well as any other implied warranties under the ASIC Act (Commonwealth of Australia) or similar consumer protection laws in the States and Territories of Australia or of New Zealand (“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.
  32. 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) taking of or use of a prize.
  33. As a condition of accepting a prize, the winner must sign any legal documentation as and in the form reasonably required by the Promoter and/or prize suppliers.
  34. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian and/or New Zealand regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at www.arnotts.com. The Privacy Policy also contains information about how entrants may access, update or correct their PI, how entrants may complain about a breach of the Australian or New Zealand Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter.

    Permits: NSW LTPS/18/30672, ACT TP18/02470, SA T18/2214