TERMS AND CONDITIONS OF ENTRY FOR THE "COLD ROCK CASH PROMOTION" (PROMOTION)
1. Information on how to enter and prize information form part of these terms and
conditions of entry (Conditions of Entry).
2. Participation in the Promotion is deemed acceptance of these Conditions of Entry.
3. The promoter is Cold Rock Management Pty Ltd ACN: 59 078 334 326 of Level 9, 616 St
Kilda Road, Melbourne, VIC, 3004 (Promoter).
4. The entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at
the time of participation. The Promoterís decision not to enforce a specific restriction
(whether communicated to an entrant or not) does not constitute a waiver of that
restriction or of the Conditions of Entry generally.
5. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if
the Promoter only learns of a personís ineligibility after the Promoter has awarded a prize
to the ineligible person. Return of the prize or payment of its equivalent value to the
Promoter may be required by the Promoter if this occurs.
6. The Promoterís decision in relation to any aspect of these Conditions of Entry and the
Promotion is final and binding on every person who enters. No correspondence will be
7. Outlets participating in the Promotion are Cold Rock stores located in Australia
(Participating Outlets). For a list of Participating Outlets visithttp://www.coldrock.com.au/stores/
8. The Promotion will commence at 00:01 AEDT on 15/10/2017 and conclude at 23:59 AEDT
on 26/11/2017 (Promotion Period), or when stocks of the Promotion unique codes are
exhausted, whichever occurs first.
WHO CAN ENTER
9. Entry in the Promotion is only open to Australian residents aged 13 years or older, who
have obtained their parent/guardianís permission to participate, if under 18 years of
(a) management, employees, directors and contractors of the Promoter, its related
entities, directors and staff employed by Participating Outlets, and all other
agencies, firms or companies associated with the Promotion (including suppliers of
(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to
in paragraph 9(a) of these Conditions of Entry;
(Eligible Entrants). The Promoter is responsible for determining whether a person is an
Eligible Entrant in its absolute discretion.
HOW TO ENTER
10. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
(a) purchase any Cold Rock Loaded Shake (Eligible Product) from a Participating
Outlet (Qualifying Purchase);
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(b) collect a unique code (Unique Code) which will be attached to the Eligible Product
(c) visit www.coldrockcash.com.au
and follow the links to the online Promotion entry
site (Promotion Entry Site);
(d) fully complete and submit the online Promotion entry form (Online Entry Form) on
the Promotion Entry Site by entering all details required by the Promoter, including
but not limited to:
i. first name, last name, email address, postcode, contact phone number and
date of birth;
ii. the Unique Code featured on their Eligible Product;
i. agreeing to opt-in to hear the Promoter. For how to opt-out or access
information held by the Promoter, please see paragraph 58; and
ii. indicating their acceptance of these Conditions of Entry;
(e) meet the entry requirements in accordance with these Conditions of Entry,
11. Any costs associated with accessing the Promotion website are the entrantís
responsibility and are dependent on the internet service provider used. Eligible Entrants
must submit their entries manually using an internet browser.
12. Each Unique Code entitles the Eligible Entrant to one (1) entry only in the Promotion.
13. There is no limit to the number of entries that an Eligible Entrant may entry, provided that
each entry contains a valid Unique Code.
14. The use of any automated entry software or any other mechanical or electronic means
that allows an entrant to automatically enter the Promotion repeatedly is prohibited and
will render entries submitted using such means invalid.
15. Incomplete, ineligible, indecipherable or incorrect entries (as determined by the
Promoter in its absolute discretion) are not eligible to win.
16. Entries are deemed to be received at the time of receipt into the Promoter's database,
not time of transmission by the entrant.
17. If requested by the Promoter, entrants must produce, within the time requested by the
Promoter (at its absolute discretion), appropriate identification/documentation required
by the Promoter (at its absolute discretion), so as to verify their identity, age, eligibility to
enter the Promotion and compliance with these Conditions of Entry.
18. If the items required by the Promoter are not received or an entrant has not been
verified to the satisfaction of the Promoter, the entry submitted by the entrant will be
19. Prizes will only be awarded following validation and verification (if required by the
20. Entrants can only enter the Promotion in their own name. Entrants who enter using
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multiple aliases (e.g. multiple names, addresses and/or email addresses) will be
INSTANT PRIZE DRAWS AND PRIZE INFORMATION
21. All Eligible Entries submitted in the Promotion will have the chance to win an Instant Prize
as defined in paragraph 23.
22. There will be one hundred and forty-eight (148) computer generated random times
(Winning Times) throughout the Promotion Period. The first valid Eligible Entry received on
or after each Winning Time will win an Instant Prize randomly allocated from the Instant
Prize pool in paragraph 23.
23. Instant prizes will be randomly awarded from the following prize pool (Instant Prizes) -
Instant Prize Qty Available Total Value
$500 8 $4,000
$250 20 $5,000
$150 50 $7,500
$50 70 $3,500
Total 148 $20,000
24. Each Instant Prize will be awarded to the respective winner via direct bank transfer to
the winnerís nominated Australian bank account within 28 days of verification and
provision of their bank account details.
25. Winners will be required to provide the Promoter with the details of their nominated
Australian bank account via a secure portal, within the time period stipulated by the
Promoter, in order to receive their Instant Prize. The Promoter takes no responsibility for
incorrect bank details provided.
26. Eligible Entrants whose Eligible Entry does not win an Instant Prize, will receive a Cold
Rock Loaded Shake upsize offer, entitling the holder to upsize to a regular size (22oz)
Loaded Shake when they purchase a small size (16oz) Loaded Shake. Upsize offer
voucher valued at $1.00 RRP (including GST).
Upsize offers will be provided via email to the email address in the Eligible Entry. To use
the upsize offer, the Eligible Entrant must either print and surrender the voucher or display
the voucher on their smartphone, to Participating Outlet staff at the time of use.
Each upsize offer will expire 14 calendar days from the date of issue. Upsize offer
vouchers are valid for single use only, and cannot be used in conjunction with any other
27. All electronic prize draws will be conducted by a representative of the Promoter at Prime
Focus, Level 1, 500 Chapel St, South Yarra, VIC 3141 (Draw Location).
NOTIFICATION OF WINNERS
28. Upon submitting an Eligible Entry, the Eligible Entrant will be notified on-screen at the
time of submitting their entry whether they have won an Instant Prize or an upsize offer.
All prize winners will also be notified via email.
29. Winners of Instant Prizes valued at $500 will be advertised on the Promotion Entry Site
RE-DRAW (IF ANY)
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30. If an Instant Prize is won by an Eligible Entrant and the Instant Prize is undeliverable or
returned to the Promoter by 11:00 AEDT on 26/02/2018, a re-draw will be conducted at
12 noon AEDT on that date at the Draw Location in order to distribute any such prizes,
subject to any directions from state/territory gaming authorities (Re-Draw). Any un-won
or unclaimed upsize offers remaining at the conclusion of the Promotion will be
distributed in the discretion of the Promoter.
31. Re-Draw winner/s (if any) will be notified in writing via email, and Re-Draw winner/s (if
any) of prizes valued at $500 will also be advertised on the Promotion Entry Site from
32. There will be 80,000 Unique Codes available during the Promotion.
33. The total value of all prizes available to be won in the Promotion is $99,852 RRP (including
34. Eligible Entrants may collect one (1) Unique Code for each Eligible Product purchased in
a Qualifying Purchase, while Unique Codes last.
35. All existing claims to Instant Prizes will be met notwithstanding the advertised Instant Prize
pool is exceeded.
36. Electronic errors or other quality control matters outside the control of the Promoter or
entrant will not be used as a basis for refusing the award of a prize.
37. If an entrant is under the age of 18 years they must obtain prior consent from their parent
or legal guardian to enter and the parent or legal guardian may be required to verify
the granting of such consent and/or sign a release, agreeing to be bound by these
Conditions of Entry, at the discretion of the Promoter. Failure of an entrantís parent or
legal guardian to verify consent and/or sign a release under this paragraph will
invalidate all of the entrantís entries. If a prize winner is under 18 years of age, their prize
may be awarded to their parent or guardian on their behalf.
38. All costs associated with or arising in connection with a prize are the responsibility of the
respective prize winner.
39. Prizes are not transferable, exchangeable or redeemable for cash unless otherwise
stated in these Conditions of Entry. Prizes must be taken as offered and may not be
40. The Promoter accepts no responsibility for any variation in the value of the prizes from
time of printing Promotion materials.
41. Acceptance and use of a prize is subject to terms and conditions imposed by those
involved in providing goods and/or services as part of or in connection with a prize.
42. If more than one (1) person attempts to claim a prize, the Promoter has sole and
absolute discretion to determine which of those persons the winning entrant is.
43. If the Promoter is unable to provide a winner with the nominated prize, the Promoter
reserves the right to supply an alternative prize of similar monetary value to the
nominated prize, subject to any directions given by state and/or territory gaming
44. The Promoter accepts no responsibility for any entries not received for any reason during
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the Promotion Period. No responsibility will be taken for lost, late or misdirected entries.
45. The Promoter does not warrant that the entry mechanism will be available, or a
Participating Outlet will be open, at all times during the Promotion Period.
46. If, for any reason, the Promotion is not capable of being run as planned, including due
to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any
other causes beyond the control of the Promoter, which corrupt or affect the
administration, security, fairness, integrity or proper conduct of the Promotion, the
Promoter reserves the right in its absolute discretion to take any action that may be
available to it, subject to the relevant gaming regulations, including cancelling,
terminating, modifying or suspending the Promotion.
47. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry
mechanism or prize draws in any way, engages in any unlawful or improper conduct
which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or
who does not properly comply with the entry process, will be ineligible to win.
48. The Promoter reserves the right to disqualify entries in the event of non-compliance with
these Conditions of Entry. The Promoter's decisions in relation to all aspects of the
Promotion are final and binding on each entrant and no correspondence will be
(a) Promoter, the Promoter's related entities and all agencies associated with the
(b) employees, agents, directors and contractors, of all entities referred to in paragraph
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense
or personal injury whatsoever (including but not limited to any direct, indirect or
consequential loss), incurred, suffered or sustained by any person or entity (without
limitation) in connection with, or arising from, the Promotion or the acceptance or use of
the prizes, except that which cannot be excluded by law (in which case that liability is
limited to the maximum extent allowable by law).
50. The Promoter accepts no responsibility whatsoever for any tax liabilities that may arise
from winning or receiving the benefit of a prize and independent financial advice
should be sought by the respective winner.
51. Instant Prize winners must, at the Promoter's request, participate in any Promotion activity
(such as publicity and photography) relating to winning an Instant Prize, free of charge,
and they consent to the Promoter using their name and image in any promotional
material, both present and future.
52. CAUTION: Any attempt to deliberately undermine the legitimate operation of this
Promotion may be a violation of criminal and civil laws and should such an attempt be
made, whether successful or not, the promoter reserves the right to seek damages to the
fullest extent permitted by law.
53. Immediately upon submission by an entrant, their entry/entries become the sole property
of the Promoter.
54. All information entrants provide (Personal Information) will be used by the Promoter for
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the purpose of administering this Promotion and contacting winners.
55. Should an entrant's Personal Information change during the Promotion Period, it is the
entrant's responsibility to notify the Promoter using the ĎContact Usí page on the Online
56. The Promoter may disclose entrants' Personal Information to its contractors and agents to
assist in conducting this Promotion and as required, to Australian regulatory authorities.
OPTING-IN TO HEAR FROM THE PROMOTER
57. By submitting an entry in the Promotion, Eligible Entrants agree to opt-in to hear from the
Promoter in the future, and information provided by the entrant will be entered into a
database and the Promoter, the Promoterís related entities and agencies engaged by
the Promoter may use the entrantís information for their current and future promotional
and marketing purposes without further reference or compensation to the entrant.
58. Entrants may request access to update or correct their Personal Information held by the
Promoter and may request that they not receive further promotional or marketing
communications by contacting the Promoter via mail to The Managing Director, Cold
Rock Management Pty Ltd, 39 Clunies Ross Crescent, Mulgrave, Victoria, 3170, or via
email to firstname.lastname@example.org
complaint can be made.
60. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The
Privacy Amendment (Enhancing Privacy Protection) Act 2012).
Authorised under Permit Numbers Ė SA T17/1250, NSW LTPS/17/15740 & ACT TP 17/01322