Sanpellegrino Ducati “Win a Ducati Monster 696” with BP Competition
WIN A DUCATI MONSTER 696
To enter simply purchase a bottle of S.Pellegrino 500ml PET and SMS your first name, last name and postcode to 0429 770 700.
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“SANPELLEGRINO DUCATI” BP PROMOTIONTERMS AND CONDITIONS1. Information on how to enter and the Prize (defined below) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Promotion Dates3. Promotion commences on 30 October 2014 and ends at 5pm AEDST on 26 November 2014 (“Promotional Period”).
Eligibility4. Entry is only open to residents of QLD, NSW, VIC, SA and WA aged 18 years or over.
5. Employees (and their immediate families) of the Promoter, participating BP retail outlets, 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.
How to Enter6. To enter, a person must complete the following steps no earlier than the commencement of the Promotional Period and no later than the conclusion of the Promotional Period:
(a) purchase a S.Pellegrino 500ml PET single bottle product from any participating BP retail outlet in QLD, NSW, VIC, SA or WA; and then
(b) send an SMS to 0429 770 770 containing their first name, last name and residential postcode, in that order with a space between each item and no commas, which must be received by the Promoter no later than the conclusion of the Promotional Period.
For the sake of clarity, purchases of any six (6) pack or a twenty-four (24) pack of S.Pellegrino PET products will not be eligible for entry.
7. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
8. SMS entry cost will vary depending on the mobile network used, but will not exceed 55c.
9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per S.Pellegrino 500ml PET single bottle product purchased in accordance with clause 6(a); and (b) each entry must be submitted separately and in accordance with entry requirements.
Invalid Entries10. All invalid entries will be rejected and do not go into the draw to win the Prize.
11. SMS entries sent via the Internet are invalid.
12. Any entry that is submitted contrary to these Terms and Conditions is invalid.
13. 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).
14. The Promoter may disqualify any entrant who, in its reasonable opinion, submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs or engages in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
15. Any incomplete or indecipherable entry is invalid. Errors and omissions may be accepted at the Promoter's discretion.
16. 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.
17. 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.
The Draw and Announcement of the Winner18. The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Victoria 3004 on 28 November 2014 at 2pm AEDST. The Promoter may draw additional reserve entries and record them in case an invalid entry or ineligible entrant is drawn.
19. The winner will be notified by telephone and in writing by SMS within two (2) business days of the draw and their name will be published in The Australian newspaper on 4 December 2014.
20. The Promoter’s decision is final and no correspondence will be entered into.
The Prize21. The first valid entry randomly drawn will win a Ducati Monster 696 ABS motorcycle. The prize is valued at up to AU$15,490 including compulsory third party insurance, stamp duty, registration and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference (excluding metallic options), subject to availability. The winner must collect the prize from their nearest authorised Ducati dealership.
22. The winner acknowledges that they must have a full and valid motorcycle licence (i.e. not a learner or provisional licence) in order to register/ride the motorcycle. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the motorcycle is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
23. If the Prize is unavailable at the time of the draw, the Promoter, in its discretion, reserves the right to substitute the Prize with a Prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Collection and forfeiture of the Prize24. The winner of the Prize will be contacted by SMS and phone, and, in order to do that, the Promoter will record the telephone number of each entrant.
25. 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 the Prize. Purchase receipt(s) must clearly specify the outlet of purchase as a participating BP retail outlet, that an eligible product was purchased, and that the purchase was made during the Promotional Period but prior to entry.
26. The Prize is not transferable or exchangeable and cannot be taken as cash.
27. As a condition of entering the promotion and of accepting the Prize, the winner 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.
28. If for any reason the winner does not respond to the Promoter’s reasonable efforts to make contact for Prize receipt in accordance with clause 19:
(a) they will forfeit their right to the Prize; and
(b) a further draw for the Prize will take place on 2 March 2015 at the same time and place as the original draw, subject to any directions from a regulatory authority,
in which case the winner will be notified by phone and SMS within two (2) business days of the draw and their name will be published in The Australian newspaper on 10 March 2015.
29. If for any reason the unclaimed Prize draw winner (if any) does not take the Prize by the time stipulated by the Promoter, then the Prize will be forfeited.
Promotion and Privacy30. 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 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.sanpellegrino.com.au. 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 laws 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 PI to any entity outside of Australia.
31. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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.
Cancellation of Promotion32. 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.
Limitation of Liability33. 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, as well as any other implied warranties under the ASIC Act 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.
34. 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/use of the Prize.
The Promoter35. The Promoter is San Pellegrino S.p.A (ABN 23 088 820 446) of Unit 7, 1-3 Compark Circuit, Mulgrave, Victoria, 3170, telephone (03) 9560 4011.
NSW Permit No. LTPS/14/06882, VIC Permit No. 14/4945, SA Permit No. T14/1606
Australian Competitions Club
