***Total prize value is maximum allowable for this promotion.***
OAK On Pack 2018 Consumer Promotion Terms & Conditions
OAK·Friday, August 3, 2018
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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. The promoter is Parmalat Australia Pty Ltd (ABN 56 072 928 879) of 35 Boundary St South Brisbane, Qld 4101, telephone 1800 676 961 (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or over.
4. Entrants must have the Shazam Application on their mobile device to submit an entry. Shazam is available to download (free of charge) from Google Play or the App Store.
5. Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) 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.
6. Promotion commences on 06/08/2018 at 12am AEST and ends at 11:59pm AEST on 01/10/2018 (“Promotional Period”). This promotion will only be conducted in retail stores that stock specially marked 600ml Oak products including Regular Iced Coffee, Chocolate and Strawberry (“Participating Stores”).
7. To enter, individuals must complete the following steps during the Promotional Period:
(i) purchase a specially marked 600ml Oak product from a Participating Store and locate the Shazam code printed on the outside of the carton and retain the specially marked 600ml Oak product as proof of purchase;
(ii) using their mobile device and the Shazam Application, scan the Shazam code and be directed to the mobile site;
(iii) input the requested details including their full name, valid email address, mobile phone number and date of birth;
(iv) agree to the Terms and Conditions and the Promoter’s Privacy Policy; and then
(v) submit the fully completed online entry form.
Upon submitting an entry in accordance with the above, each entrant will be notified instantly onscreen whether or not they are an instant winner. All valid entries received from winners and non-winners of an instant prize will be automatically placed in the major prize draw. There is only one (1) major prize to be awarded in the major prize draw. If the entrant is an instant winner, their instant win prize will be sent to them by email to the email address used in their winning entry.
8. Entrants must retain specially marked Oak product(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.
9. Entries must be received by the Promoter during the Promotion Period. Entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
10. 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.
11. Incomplete or indecipherable entries will be deemed invalid.
12. Multiple entries are permitted subject to the following:
a. Only one (1) entry is permitted per specially marked 600ml Oak product purchased;
b. Each entry must be submitted separately and in accordance with these Terms and Conditions;
c. Entrants must retain their proof of purchase for all entries; and
d. Only one (1) entry is permitted per person per day (which is verified using mobile phone numbers and email addresses).
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 and proof of purchase) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
14. 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.
Instant Win Prizes
15. There will be a maximum of ten thousand (10,000) instant win prizes available to be won during the Promotional Period. The Promoter will use a computer drawing system to randomly determine ten thousand (10,000) winning times during the Promotional Period (each a “Winning Time”). The first entry received at a pre-determined Winning Time, will be the provisional winner of an instant win prize. If an entry is not received exactly at a Winning Time, the prize allocated to that Winning Time will be forfeited and will not be awarded to any entry or entrant.
16. There are a total of 10,000 x $100 Contiki Vouchers available to be won as instant prizes during the Promotional Period. Only one (1) Contiki voucher can be used per Contiki booking. Contiki vouchers cannot be used to purchase a Contiki Gift Card or any products from the Contiki store. Contiki vouchers cannot be exchanged for products, gift cards or travel with TTC Family Brands. Contiki vouchers can only be redeemed by persons aged between 18 and 35 years and cannot be redeemed online via the Contiki store. Contiki Vocuhers can be redeemed direct through Contiki or at any travel agency. Contiki Vouchers are valid until 31/03/2019 or until the recipient turns 36 years old, in line with Contiki’s age limit (whichever is first). For travellers aged 36 and above, Contiki Vouchers can be re-gifted with written consent from the recipient. Contiki Vouchers can be redeemed on any Contiki trip. Contiki Vouchers cannot be partially redeemed and the balance will not be paid out in cash. Conticki Vouchers can be used in conjunction with all promotional offers. Contiki vouchers will be awarded by email. In the event a winner of an instant prize is aged 36 years or over (and they do not wish to re-gift their Contiki Voucher), the Promoter will award them with an alternate $100 travel voucher. Exact provider of the alternate travel voucher will be determined by the Promoter in its absolute discretion. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of a voucher will not be awarded as cash. Redemption of a voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
Major Prize Draw & Prize
17. The major prize draw will take place at Anisimoff Legal, Suite 5, Erina Plaza 210 Central Coast Highway NSW 2250 on 08/10/2018 at 11:00am AEDST. There is only one (1) major prize to be won. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing by email within two (2) business days of the draw.
18. The first (1) valid entry drawn in the major draw will win the major prize of a Contiki tour for four (4) adults aged between 18 and 35 years of age on a Contiki Europe trip of their choice (from those Europe Contiki trips available), valued at up to AU$3,000 per person (AU$12,000 in total). Seasonal variances, forms of transport, accommodation, and other inclusions such as meals, sightseeing tours and other attractions may be substituted by Contiki. Changes to the itinerary can be made at any time. Airfares are included per person, up to the value of $2,000. Airfares are economy return and are to be booked by Contiki in conjunction with the trip prize. Airfares cover depart and arrival to Australian capital cities only and must correspond with the chosen prize trip. All four travellers must be travelling on the same airfare. Contiki will also cover on trip optional experiences up to the value of $1,000 per person. Total major prize is valued at up to AU$24,000. It is the winner’s responsibility to arrange their transport to meet with the tour. Additional spending money, additional meals, taxes, insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included and are the winner’s responsibility unless otherwise stated. It is strongly recommended that the winner (and his/her travel companions) take out comprehensive travel insurance before they travel. In the event the winner and his/her travel companions decide against taking out travel insurance, they will be required to sign additional legal documentation (as required by the Promoter and prize supplier) including but not limited to a legal release. The prize is subject to tour availability and conditions. The prize must be redeemed by the 31/03/2019 for travel by 31/12/2019. The final travel date must be confirmed to Contiki at least 45 days prior to intended departure from Australia otherwise the prize will no longer be valid and will be forfeited. Extension cannot be issued. Booking and cancellation conditions available on the website at contiki.com. If the winner is not contactable or the prize is not claimed by the winner prior to 14/01/2019 the prize will be forfeited and will be awarded to an alternate winner. All tour bookings must refer to and adhere to the standard Contiki booking conditions. See full details at:
www.contiki.com.au/bookingconditions.
19. Should the winner of the major prize age exceed 35, the prize may be re-gifted with written consent from the winner or redeemed for a trip under the Travel Corporation umbrella of brands. The same terms & conditions apply: one winner will win a trip for four (trip may be selected from one of the Travel Corporation brands), up to the value of $3,000 per person. The same rules and terms apply across airfare prize and optional experiences prize.
General
20. The Promoter’s decision is final and no correspondence will be entered into.
21. The major draw prize winner’s name and the names of any ACT winners of an instant win prize will be published online in the notes section at
https://www.facebook.com/oakmilk/ commencing on 22/10/2018.
22. The total prize pool is valued at up to $1,024,000.
23. A draw for the major prize or any instant win prizes that have been won but that remain unclaimed may take place on 14/01/2019 at 11:00am AEDST at the same place as the original draw, subject to any directions from a regulatory authority. The winners (if any) will be notified in writing within two (2) business days of the draw. In the event the major prize is awarded in the unclaimed prize draw their name (along with any ACT winners of an instant win prize) will be published online in the notes section at
https://www.facebook.com/oakmilk/ from 29/01/2019.
24. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
25. 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.
26. In the event of a prize not being claimed by a winner at or by the time stipulated by the Promoter, the prize will be forfeited.
27. If a prize, or element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant body, where required.
28. Prizes are not transferable or exchangeable and cannot be taken as cash.
29. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
30. Any cost associated with accessing the promotional website (either directly or using the Shazam Application) is the entrant’s responsibility and is dependent on the Internet service provider used.
31. Printing and quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are won but unclaimed during the Promotional Period will be awarded in the unclaimed prize draw. There will be a total of 3,000,000 specially marked 600ml Oak products printed for this promotion.
32. To the extent permitted by law, the Promoter assumes no responsibility for:
a. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;
b. any theft, destruction or unauthorised access to, or alteration of such communications;
c. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
d. any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); or
e. any delay in delivery (when not directly caused by the Promoter or its supplier), or failure of safe delivery of a prize.
33. 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; or
e. taking and/or use of a prize.
35. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any loss or damage or third party claims in relation to breach of these Terms and Conditions.
36. As a condition of accepting the major prize, the major prize winner must sign any legal documentation as and in the form required by the Promoter and prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
37. The Promoter accepts no responsibility for any taxation implications that may arise from winning of a prize. Independent financial advice should be sought.
38. 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 (including Contiki) 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.parmalat.com.au/privacy-policy/ . 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 Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose PI to entities located overseas – see Privacy Policy for details.
39. The Promoter will share PI collected with Contiki Holidays (Australia) Pty Ltd ABN 18 002 525 340). Contiki will use and handle PI in accordance with its privacy policy available at
https://www.contiki.com/au/en/resources/legalstuff.
40. This promotion is in no way sponsored, endorsed or administered by, or associated with Shazam. Entrants understand that they are providing their information to the Promoter and not to Shazam. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Shazam. Shazam will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
NSW Permit No. LTPS/18/24559. ACT Permit No. TP18/00978. SA Permit No. T18/910
