CONGA FOODS PTY LTD (“PROMOTER”)
VAL VERDE PROMOTION (“PROMOTION”)
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.
2. Entry is only open to Australian residents aged 16 years or over (“Eligible Entrants”).
3. Employees and contractors (and their immediate families) of or to the Promoter, participating retailers and agencies associated with the Promotion are ineligible to enter.
4. Promotion commences at 00.01 (AEST) on 06/08/2014 and closes at 23.59 (AEST) on 02/09/2014 (“Promotion Period”).
5. To enter, Eligible Entrants must purchase any three (3) Val Verde products in one transaction from a participating Woolworths supermarket during the Promotion Period (“Qualifying Purchase”), then enter via one of the following ways;
a) WEB: Visit
www.valverdepromotions.com.au and complete the online entry form as required, including (but not limited to) product barcode numbers and their Woolworths store receipt number;
b) SMS: Send a text message to 1998 22 22 (SMS cost is $0.55c) including their name, State of residence and the last 4 digits of the three (3) product barcode numbers from their Qualifying Purchase, or;
c) MAIL: Complete the official entry form with the required details and send the fully completed entry form to “Val Verde Promotion” PO Box 4199, East Richmond VIC 3121.
Note: Instant win prizes can only be won via SMS or online entry.
6. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. Multiple entries are permitted, subject to the following: (a) only one entry permitted per Qualifying Purchase in accordance with clause 5; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) unrecognised barcode numbers will be deemed invalid.
9. Entrants must retain a copy of their Woolworths 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 three (3) Val Verde products purchased and that the purchase was made during the Promotion Period but prior to entry.
10. Instant Wins: There will be 28 Instant Win prizes of a $500 Woolworths Wish Gift Card (“Instant Win Prize”) awarded each day throughout the Promotion Period. Total Instant Win prize pool value is $14,000 (inc GST). Each Instant Win prize will be randomly allocated at a pre-determined time slot each day during the Promotion Period, by an electronic drawing system. Entrants who submit a valid entry on a predetermined day and time slot, or submit a valid entry closest to the pre-determined day and time slot once it has passed, will be notified by reply SMS or email advising that they are a provisional instant winner. Provisional Instant winners will be issued a Unique Prize Claim Number as determined by the Oxygen Interactive Pty Ltd Instant Win system. The Unique Prize Claim Number must be recorded by the instant winner for prize verification purposes. In the event of any dispute with the Promoter, or at the Promoter’s request, Instant Winners will be required to correctly quote their Unique Prize Claim Number to be awarded their Instant Win Prize. The Promoter reserves the right to withhold the awarding of an Instant Win Prize to a provisional winner who cannot provide a valid Unique Prize Claim Number. Any Instant Win Prizes awarded to ineligible or invalid entrants will be awarded during a second chance draw.
11. Major Prize Draw: Each Eligible Entrant who submits an entry into this Promotion in accordance with these Terms and Conditions will be entered into the major prize draw. The major prize draw will take place at 11:00am (AEST) on 09/09/2014 at Oxygen Interactive Marketing, 117 Wellington Street, St Kilda VIC 3182.
12. The first (1) valid entry drawn will win the opportunity to participate in the “Win with Val Verde Event: Chance to Win $100,000 event” (“Event”). Details regarding the Event are as follows:
a. The Event will take place at 1:00pm (AEDST) on 07/10/2014 at Oxygen Interactive Marketing, 117 Wellington Street, St Kilda VIC 3182. The Promoter will provide the winner with the following: (excluding Victorian residents unless their residential address is more than 200 kilometres from Melbourne CBD)
i. two (2) adult return economy airfares (including airfare related taxes and charges) for the winner and one (1) travel companion to Melbourne, VIC from the Australian domestic airport closest to the winner’s ordinary residential address;
ii. one (1) night accommodation in a minimum 3.5 star Hotel in a standard twin share room; and
iii. transfers to and from the airport and the Event so the winner can participate in the Event.
Total flights, transfers and accommodation are valued at up to $1,500 (Recommended Retail Price including GST, depending on point of departure). All other costs including meals, beverages, laundry services, spending money, transport to and from departure point, insurance, travel insurance and all other ancillary costs not expressly provided for above, as well as the costs of obtaining any of these, are the responsibility of the winners and their travel companions. Any passes, tickets or vouchers issued by the Promoter are subject to prevailing terms and conditions of use applicable to them.
13. There will be one hundred (100) envelopes at the Event. Ninety-nine (99) envelopes will each contain notification of a $5,000 consolation cash prize. One (1) envelope will contain notification of $100,000 cash prize. At the Event, the winner from the major prize draw will be given the right to randomly pick one (1) envelope from the one hundred (100) envelopes for the chance to win $100,000. The winner shall win the prize contained in the envelope that he or she (or his/her proxy, as stated in Condition 14 and 15) selects (“Major Prize”). The odds of the winner winning the $100,000 prize are 100:1.
14. If the winner cannot attend the Event, the winner may appoint a proxy aged 18 years or over to attend and participate in the Event on their behalf, provided that the winner gives the Promoter written notice to that effect before the Event. The proxy may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. The Major Prize will be made payable to the winner only and will be transferred to the winner and not to the proxy. The Promoter’s decision is final and no correspondence will be entered into.
15. If the winner is unable to appoint a proxy or if the winner’s appointed proxy could not attend the Event, a representative of the Promoter will appoint a proxy to attend the Event and pick an envelope on the winner’s behalf.
16. Any prize money will be paid in full within twenty-eight (28) days of the Event into a bank account held in the winner’s name as nominated by the winner in writing.
17. The total maximum prize pool is valued up to $115,500 (inc GST).
18. All winners will be notified within two (2) business days of the draw by telephone and in writing. Winners drawn between 06/08/2014 and 20/08/2014 will have their details published in The Australian newspapers on 25/08/2014 and winners (including Major Winner) drawn between 21/08/2014 and 09/09/2014 will have their details published in The Australian newspapers on 12/09/2014.
19. The Woolworths Wish Gift Cards are subject to their own terms and conditions, available here:
http://everydaygiftcards.com.au/Content/TermsAndConditions.
20. The Promoter’s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria it applies in determining the winner, is final and binding on every entrant. No correspondence will be entered into.
21. The prizes are not transferable or exchangeable. If any prize is unavailable, the Promoter, in its discretion and subject to state permit approval, reserves the right to substitute all or any part thereof with a product or prize to the equal value.
22. Should an entrant’s contact details change during the Promotion Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter in writing.
23. The Promoter accepts no responsibility for loss or damage to any prize in transit.
24. As a condition of accepting any prize, the winner may be requested to sign legal documentation in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
25. All values and amounts that appear in these Terms and Conditions are in Australian Dollars and are inclusive of GST unless expressly stated otherwise.
26. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize, then the prize will be forfeited.
27. Unclaimed Major Prize draw: If the winner cannot be contacted or the prize remains unclaimed by 25/09/2014, an unclaimed major prize draw may take place on 26/09/2014 at the same time and place as the original major prize draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone within two (2) days of the draw and by telephone and in writing and their details will be published in The Australian newspaper on 30/09/2014.
28. Unclaimed Instant Win Prizes: A draw for any unclaimed prizes may take place on 15/12/2014 at the same time and place as the original major prize draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone within two (2) days of the draw and by telephone and in writing and their details will be published in The Australian newspaper on 19/12/2014.
29. 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.
30. 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.
31. 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.
32. 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 2010 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.
33. 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) use/taking of a prize.
34. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. 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. Entry is conditional on the entrant consenting to the Promoter’s collection, use and disclosure of his or her personal information as described in this clause. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. The use by the Promoter of personal information collected is governed by the Promoter’s privacy policy,
www.congafoods.com.au.
35. The Promoter is Conga Foods Pty Ltd (ABN 96 327 180 764) 150 Newlands Road, North Coburg, Victoria 3058.
Authorised under: NSW Permit No. LTPS/14/03442, VIC Permit No. 14/4032, ACT Permit No. TP 14/01512, SA Permit No. T14/761.
