ACTIVIA® 100 X WAYS COMPETITION TERMS AND CONDITIONS
ACTIVIA® 100 X WAYS COMPETITION TERMS AND CONDITIONS OF ENTRY (PROMOTION)
1. Name of Promotion
ACTIVIA® 100 X WAYS
2. The Promoter
DANONE SAPUTO DAIRY AUSTRALIA (‘DANONE’) – LEVEL 6, 636 ST KILDA ROAD, MELBOURNE VIC 3004 – ABN 32 143 172 258
3. Entry Eligibility
Open to Australian residents only who:
All entrants must be over the age 18 years of age, have a valid email address, Instagram page and phone number.
4. Entry Restrictions
The directors, management and employees (and their immediate families) of The Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this Promotion are ineligible to enter the Promotion. 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 first cousin.
5. Competition Period
Begins: 12:01am AEST on 29/03/2025
Ends: 11:59pm AEST on 12/04/2025
6. Entry Method
Participants must:
a) Follow @activiaaustralia on Instagram
b) Tag @activiaaustralia in either an Instagram in-feed post and/or Reel OR an Instagram story, whilst featuring an Activia 900g Large Tub in your recipe creation
c) Complete steps above before 11:59pm AEST 11 April 2025
7. Maximum Number of Entries
Only one (1) entry permitted per participant associated with one (1) Instagram account. Multiple submissions will not be accepted.
8. Determining Winners
There will be 1 winner. Danone will determine the winners based upon those who have submitted against the criteria within the specified criteria described in item 6. The winners will be announced on 14 April 2025 at 4:00pm (AEST).
9. Prize Details
a) one-year supply of Activia (a maximum of 365 pots in a variety of flavours, based on one tub of Activia per day and;
b) one Ninja Creami Machine
Please refer to Section 19 of these Terms and Conditions.
10. Total Prize Pool
$1,248.99
11. Notification of Winners
The winner will be contacted via Instagram inbox and will need to respond by 21 April 2025 to be eligible to receive the prize.
12. Prize Claim Date and Time
All prizes must be claimed by 21 April 2025 at 11:59 PM (AEST).
13. Prize Delivery
a) The Ninja Creami Machine will be sent till 5 working days after the response of the contact.
b) The yoghurt will be delivered on a monthly basis via Coles/Woolworths delivery, winners will be contacted via email monthly to arrange delivery.
14. This Promotion is free to enter; however, entrants are responsible for their own costs associated with accessing the internet.
15. If for any reason whatsoever a winner is not eligible to accept their prize, then the prize will be forfeited by that winner and neither cash nor any other prize will be awarded in lieu.
16. The Promoter will take all reasonable steps to contact the winners by 15 April 2025. If the Promoter has been unable to contact or receive a reply from any winner by 21 April 2025 that winner will forfeit the Prize.
17. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any entrant or modify, suspend, terminate or cancel the Promotion, as appropriate.
18. The prize(s) must be taken as stated and no compensation will be payable if a winner is unable to use the prize(s) as stated. Prizes are not transferable, exchangeable and cannot be redeemed for cash. The Promoter accepts no responsibility for any variation in prize value. If a prize or any element of a prize is unavailable for any reason, the Promoter may substitute for that prize or element of that prize, another item of equal or higher value as determined by the Promoter. The Promoter accepts no liability in respect of the prize and, to the extent permitted by law, disclaims and excludes all warranties and guarantees in respect of the prize. By participating in the Promotion, the entrants release the Promoter from any claim whatsoever arising from or in connection with the prize. The Promoter does not covenant, warrant or represent that the provision of the prize will not waive or void any manufacturer’s warranties or guarantees, the entrant must make its own enquiries with the manufacturer prior to entering the Promotion.
19. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury suffered or sustained in connection with this Promotion or any prizes; and any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following:
(a) any theft, unauthorised access or third-party interference;
(b) 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;
(c) any variation in prize value;
(d) any tax liability incurred by a winner or Eligible Entrant; and
(e) use of the prize.
20. As a condition of accepting their prizes, the winners may be required to sign 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.
21. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to the supplier of the prize, and any third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for Promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter at @activiaaustralia (Instagram profile)
22. By entering the Promotion, the entrant indemnifies, and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all losses arising from a breach by the winner of any of these Terms and Conditions; any third party claim arising directly or indirectly from a breach by the winner of any of these Terms and Conditions; a negligent, wilful or otherwise wrongful act or omission of the winner; fraudulent or dishonest acts or omissions by the winner; any breach by the winners of any applicable laws; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the winner accepting this prize; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the winner.
23. By entering the Promotion, the entrant assigns all intellectual property rights created in respect of the Promotion, including any content or material submitted by the entrant, to Danone. Separately, the entrant acknowledges and agrees that Danone may reproduce, use, develop or share any content or material on its own digital and social media channels, on paid digital or social media, or future billboard and out-of-home advertising.
24. As a condition of accepting the prize, the winner consents to the Promoter using an eligible entrant's entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter.
25. By submitting an entry into the Promotion, the entrant acknowledges that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Meta/Instagram or any other social network.
26. To the fullest extent permitted by law, each entrant releases Meta/Instagram from and against any loss, liability, cost or expense that the entrant or any other person may suffer or incur as a result of entry into the Promotion.
27. These Terms and Conditions are governed by the laws of Australia and individual State law and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of the State.
28. Entries must be submitted in the format(s) accepted on Meta/Instagram as comments and must comply with the terms and conditions of Meta/Instagram as well as these Conditions.
