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Terms & Conditions
Schedule to Terms of Entry
Name of Promotion
OTR GRAB AND WIN A 2016 MAZDA MX-5 promotion
Schweppes Australia Pty Ltd
ABN 51 004 243 994
L5 111 Cecil Street
South Melbourne Victoria 3205
HELPLINE: 1800 244 054
Relevant StatesSA and Vic only
Entry to the Promotion is open to Australian residents during the Promotion Period, aged 14 years +, who fulfill the entry requirements and are able to travel to the major prize destination (see Prize Details).
Entrants aged under 18 years must have parent/guardian consent to enter the Promotion.
Must be aged 14 years +
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible. ďImmediate familiesĒ means spouse, partner, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Starts: 12.01am 3/1/17
Ends: 11:59pm 1/2/17
All times are Adelaide times.
No entries will be accepted after this time.
To enter, an entrant must, during the Promotion Period:
1. purchase any ONE (1) Pepsi carbonated soft drink product from a participating On The Run store in South Australia or Victoria
advertising the Promotion during the Promotion Period (not all Pepsi varieties available all stores) (Qualifying Purchase); then
2. visit the Website to complete the entry form including (but not limited to) name, email address, contact number, address (no PO boxes), last five digits of the Qualifying Purchase barcodes and upload their receipt.
Computer generated entries will not be accepted.
Instant win prizes:
There are 150 instant win prizes.
Entrants will be notified instantly in writing on screen if they have won after submitting their online entry. For the removal of doubt, non-winning entrants will also find out instantly if they are not a winner. (Entries will be validated prior to a prize being awarded.)
There is one (1) major prize.
The major draw will be conducted at 11:00am on 3/2/17. The first valid entry randomly drawn from all entries received will win the major prize.
For prize details, see Prize Details.
Maximum Number of Entries
Multiple entries are permitted, subject to Clause 33 and the following: (a) only one (1) entry is permitted per Qualifying Purchase; (b) a maximum of five (5) entries will be accepted per household per day; (c) a maximum of five (5) entries will be accepted per receipt/invoice (regardless of the number of Qualifying Purchases featured on that receipt/invoice; (d) each entry must be submitted separately and in accordance with entry requirements; and (e) unrecognised receipt/invoice numbers will be deemed invalid.
Any entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service, will be void.
1. retain a copy of store receipt(s) as proof of purchase for ALL entries. (Receipt(s)\invoice(s) must clearly specify the store of purchase. Receipt(s must show that the purchase was made during the Promotion Period but prior to entry.); and
2. where an entrant submits more than twenty (20) entries, for each product used for his/her 21st and subsequent entries, the entrant must keep the whole label/packaging from the product purchased and used to enter;
(together, Promotional Materials). Failure to provide the Promotional Materials when requested may, in the absolute discretion of the Promoter, render all of an entrantís entries invalid and forfeit their right to any prize.
Instant win prizes
Instant prize winners will be determined by a 'winning moment'. A number of 'winning moments' will be created at random throughout the Promotion Period. The entrant who enters the closest to the 'winning moment' will be deemed a winner. For example, if three (3) 'winning moments' pass without a prize winner, the next three (3) entrants will be deemed winners.
Major prize draw
11:00am on 03/02/2017
All draws are random electronic draws by computer at Greeneagle Distribution and Fulfilment, Unit 10, 20-28 Ricketty Street, Mascot, NSW, 2020
Instant win prizes
Each instant win prize is an AU$100 EFTPOS card.
The major prize is a Mazda MX-5 1.5L, automatic roadster MZD valued at $37,913 (inc GST). Colour is subject to availability.
The major prize must be collected from City Mazda in Adelaide (432 Port Rd, West Hindmarsh SA).
The major prize also includes one yearís car registration, one yearís compulsory third party insurance, and dealer delivery and statutory charges as required by the legislation in SA.
The major prize does not include comprehensive insurance or any other accessories not specified. Any other ancillary costs which may be payable as a result of taking the prize (such as, but not limited to, additional insurance, options and petrol) are not included and are the responsibility of the winner.
To be eligible to claim the major prize, the winner must hold a valid driverís licence and must be capable of obtaining registration of the vehicle in his or her name in accordance with the applicable legislation in SA.
If the winner is, through any legal incapacity or otherwise unable to register the vehicle in his or her name then he or she may, notwithstanding any condition set out in these conditions of entry to the contrary, assign the vehicle to another person with legal capacity for the purpose of registering the vehicle (Deemed Winner). The Deemed Winner is responsible for providing all information and signing all documentation necessary to enable the Promoter to register the vehicle in the name of the Deemed Winner prior to delivery.
The Deemed Winner must be available to collect the car from the specified dealership in Adelaide.
The Deemed Winner is responsible for the major prize from the date and time of its collection and the Promoter is not responsible or liable for any damage, defects, repairs or other issues associated with the vehicle after the date and time of its collection. The Deemed Winner is required to sign an indemnity and waiver of liability in a form approved by the Promoter in favour of the Promoter and all involved parties. The required indemnity and waiver must be signed prior to participation and a failure to sign will invalidate a winning entry.
Instant win prizes will be delivered by the Promoter to each winner at the winnerís nominated prize delivery address. A signature on delivery may be required.
The major prize must be collected from the specified dealership in Adelaide.
Total Number of Prizes
150 instant win prizes
One (1) major prize
Total Prize Pools
Instant win prize pool: $15,000
Major prize pool: $37,913
Total prize pool: $52,913 (inc GST)
Notification of Winner(s) (including Unclaimed Prize Winner(s))
Winners will be notified by telephone and in writing (within 2 days) of being drawn
Prize Claim date:
Prizes must be claimed by 1/5/17
Publication Details (of Winner(s))
Publication at www.pepsipromotion.com.au
Winners names will be on website for at least 28 days.
Draw for Unclaimed Prize Details
2/5/17 at 11:00 am
At Greeneagle Distribution and Fulfilment, Unit 10, 20-28 Ricketty Street, Mascot, NSW, 2020
Publication Details (of unclaimed prize Winner(s)
If applicable, publication at www.pepsipromotion.com.au
within one (1) week of being drawn as a winner (8/5/17).
Winners names will be on website for at least 28 days.
Trade Promotion: Game of Chance
Terms of Entry
These terms must be read together with the Schedule for this Promotion. The Schedule defines terminology used in these Terms of Entry. Participation in this Promotion constitutes acceptance of these Terms of Entry. Where there is any inconsistency between the Schedule and these terms, the Schedule prevails.
Entry is open only to Entrants of the Relevant States/Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this Promotion are ineligible to enter.
The Promotion will be conducted during the Promotion Period.
To enter the Promotion, entrants must follow the Entry Mechanic during the Promotion Period.
Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries via SMS or email are deemed to be received at the time of receipt into the Promoterís database not at the time of transmission by the entrant.
If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST) and entries must be submitted from the entrantís mobile phone. SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the account holderís permission prior to entering. The Promoterís SMS Service Provider and its SMS Service Providerís helpline is in the Schedule.
If this Promotion involves entry via a promotion phone line, the maximum cost of a call to the Promotion phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payerís permission prior to entering.
The draw/s will be conducted in accordance with the Draw Details. Prize/s will be awarded to the valid entrant/s randomly drawn in accordance with the Prize Mechanic.
10 The judges' decisions are final and no correspondence will be entered into. The Promoterís decision not to enforce a specific condition does not constitute a waiver of that condition or of the Terms of Entry in general.
Prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
All entries and materials submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each entrant warrants that she/he has the right to transfer these to the Promoter. Each entry must be the entrantís original work. By entering this Promotion entrants:
consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; and
undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.
The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each entrant takes full responsibility for any such claims made in relation to their entry.
Incomplete entries and/or entries that, in the Promoterís judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
Where a prize includes travel, the prize cannot be taken during peak periods and must be booked and completed as specified by the Promoter. If the prize is event based, travel must be taken to coincide with the event on the dates specified by the Promoter. (Winner and their companion/s must depart and return at the same time using the same air carrier, as specified by the Promoter.) No extension will be permitted. Any alterations to confirmed prize details will be at the expense of the winner and will only be permitted with the Promoter's prior consent. Any flights and accommodation awarded as part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes (excluding flight related taxes), insurance, spending money and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required), otherwise the winnerís entry will be deemed invalid. (It is strongly recommended that the winner and participant of the prize acquire adequate travel insurance, where this is not specified as part of the prize.)
Where a prize involves the winner:
attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoterís discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
If the prize includes gift cards, all gift cards are valid until the gift card expiry date specified on the gift card or by the provider of the gift card. Gift cards are subject to the conditions stipulated by the provider of the gift card. If the total value of a gift card is not used at the time of redemption, a new gift card may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further gift card is valid for the remainder of the original gift card expiry period. Gift cards cannot be redeemed for further gift cards. Once awarded, the Promoter shall not be liable for any gift card that has been lost, stolen, forged, damaged or tampered with in any way.
Where a prize includes tickets, tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets.
If a winner of a prize is under the age of 18 years (where entry by those under 18 is allowed), the Promoter may, at its discretion, award the prize to the winnerís parent or guardian.
The Promoter may, in its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize.
The Promoter may in its absolute discretion, prohibit an entrantís participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at http://www.alcoholguidelines.gov.au/
At the Promoterís request, winners must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.
If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrantís entry and proceed as if that entrant had not entered the Promotion.
The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this Promotion, each entrant requests that his or her full address not be published.
If any prize is not claimed in accordance with these terms of entry, the relevant winnerís entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. If a prize is no longer able to be redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Participating Venueís discretion.
Entrants acknowledge that there may be inherent risks in some aspects of the Promotion, or the prize and that participation in the Promotion and/or using the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk. (Where applicable, the Promoter strongly recommends the user of a prize familiarise him/herself with the features of the prize and that appropriate protective clothing is worn at all times when the prize is used).
To participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable physical, health and fitness, and any other requirements associated with the particular activity. It is the entrantís responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion and/or undertake the activities included in the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) as not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable.
Where requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this Promotion and/or providing the prize prior to undertaking any specified activities forming part of the Promotion or prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrantís or winnerís entry or claim will be deemed invalid.
Prizes and participation in this Promotion are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any personís negligence) by any person in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
Entrants can only enter in their own name. The Promoter reserves the right to request the winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoterís satisfaction, at its sole discretion) in order to confirm the winnersí identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the winners in entering the Promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoterís satisfaction within the time requested, the winnerís entry will become invalid. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
Prize are not transferable or exchangeable (except as set out in these Conditions of Entry), nor can they be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. Prize Value is as specified on the Date at which Prize Value Valid. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities in the Relevant State/s, if required.
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant State/Territory, if required.
The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Officeís stated view that where the parties are at armís length, goods and services exchanged are of equal GST inclusive market values.
. Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting Consumer Services on 1800 244 054.
Where the Promotion is administered on Facebook, entrants and participants in the Promotion acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the Promotion release Facebook and its associated companies from all liability arising from the Promotion.
Apple is not a participant in or sponsor of this promotion.