1. 1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. All times stated in these Terms and Conditions are expressed in Sydney local time.
  2. 2. Entry is only open to residents of Sydney, NSW Metro area aged 18 years or over.
  3. 3. Employees (and their immediate families) of the Promoter 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.
  4. 4. Promotion commences at 12:00pm (noon) on 22/03/2023 and final entries close at 11:59pm on 04/04/2023 (“Promotional Period”). Entries will be deemed to be accepted at the time of receipt and not the time of transmission.
  5. 5. To be eligible to enter, individuals must obtain their employer’s consent to submit an entry into this promotion and further confirm that their place of employment is suitable for the prize to take place, should they be deemed a winner.
  6. 6. To enter, individuals must undertake the following steps during the Promotional Period:
      • Visit www.m-ms.com.au/comedy and follow the prompts to the competition entry page;
      • Input the requested details, including their full name, date of birth, their valid email address, contact number and their place of employment (including the address);
      • Answer in 25 words or less, when prompted, why they believe they should win a visit from comedian Nazeem Hussain;
      • Check the boxes agreeing to these Terms and Conditions and to be contacted by the Promoter for future promotional and marketing purposes (as outlined in clause 29); and then
      • Submit the fully completed online entry form.

     The entry must be:

    1. (a) the original independent creation of the entrant;
    2. (b) written in English; and
    3. (c) free from any claims, including but not restricted to copyright or trademark claims, by other parties and must not infringe any third party's intellectual property rights (whether or not there is  a claim).
  1. 7. 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.
  2. 8. Incomplete, indecipherable or illegible entries will be deemed invalid.
  3. 9. Only one (1) entry permitted per person. No repeat entries will be accepted.
  4. 10. 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.
  5. 11. The judging will take place at Flourish PR, Melbourne Office Warehouse Office 2, 28 Down Street, Collingwood VIC  3066 commencing on 05/04/2023. 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. Winners will be notified by telephone and email on 05/04/2023. Each winner must claim and accept the prize by 5:00pm on 06/04/2023 (“Prize Claim Date”). This is a game of skill and chance plays no part in determining the winner(s).  Each entry will be individually judged based on literary and creative merit of the answer provided to the promotional question.
  6. 12. The Promoter’s decision is final and no correspondence will be entered into.
  7. 13. The best four (4) valid entries, as determined by the judges, will each win a comedian performance, for themselves and their co-workers (aged 18 years or over), by Nazeem Hussain at their place of employment (“Performance”). The Performance will take place at the winner’s place of employment (which must be in the Sydney NSW Metro area) on 13/04/2023 between 11am and 3pm and will be for a maximum of 15minutes. The exact time will be determined by the Promoter. Winners warrant that they have their employer’s permission for the Performance to take place at their place of employment, prior to entering the promotion. The Promoter and/or its agents may require access to the winner’s place of employment (i.e. the premises) to assess its suitability prior to the Performance. In the event the Promoter deems a winner’s place of employment inappropriate or unsafe for the Performance to take place, the winner will forfeit the prize and the Promoter may refer to a reserve entry. All attendees at the Performance must be aged 18 years or over. The number of attendees at the Performance will be subject to the winner’s place of employment and what is deemed appropriate, to be determined by the Promoter in its absolute discretion.  
  8. 14. The Promoter and event organisers may record the Performance and as a result the winner and attending co-workers may need to sign additional documentation regarding the recording and their appearance in it.
  9. 15. It is a condition of accepting a prize that the winner must comply with all the conditions of use of the prize and Promoter’s requirements. Prizes are subject to Promoter’s and prize suppliers Terms and Conditions.
  10. 16. If for any reason a winner does not claim the prize by the Prize Claim Date, the prize will be forfeited.
  11. 17. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
  12. 18. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or their co-workers) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  13. 19. The Performance is subject to the goodwill of Nazeem Hussain on the day. The Promoter accepts no responsibility and will not offer any alternative in the event that the Performance cannot be offered for any reason beyond its control.
  14. 20. The prizes are not transferable or exchangeable and cannot be taken as cash.
  15. 21. 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;
      • the Content is the original literary work of the entrant that 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.
  1. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
  1. 22. 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.
  2. 23. 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.
  3. 24. 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.
  4. 25. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  5. 26. 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.
  6. 27. 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) if the Performance is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at the Performance.
  7. 28. As a condition of accepting a prize, the winner (and the co-workers) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  8. 29. 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 and prize suppliers. 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 https://www.mars.com/privacy. 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 PI 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 PI, 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.
  9. 30. The Promoter is Mars Australia Pty Limited, trading as mars Wrigley Australia Pty Limited (ABN 48 008 454 313) of Collins Square – Tower 1, level 22, 727 Collins Street, Melbourne VIC 3008.