www.facebook.com/KirksOriginals

TERMS AND CONDITIONS

1.These terms and condition of entry, including information on how to participate and prize details (Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these Terms.


2.The Promoter is Coca-Cola Amatil (Aust) Pty Ltd (ABN 68 076 594 119) of 40 Mount Street, North Sydney, New South Wales 2060 (Promoter).


3.The outlets participating in the Promotion (Participating Outlets) are supermarkets, petrol and convenience stores nationally that stock Eligible Products (as set out in paragraph 6(a) below). For a list of Participating Outlets please call 1800 025 123.


4.The Promotion will be open from 09:00am AEDST on 27th December 2011 until 23:59pm AEDST on 20th February 2012 (Promotion Period).


5.Entry in the Promotion is only open to Australian residents aged 18 years and over, excluding: (a) management, employees, directors and contractors of the Promoter, its related entities, Woolworths and other agencies, firms or companies associated with the Promotion (including suppliers of prizes); (b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 5(a) of these Terms; (c) persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the Promoter (except in the case of a legal change of name); and (d) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter, (Eligible Entrants). The persons referred to in paragraph 5(b) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

6. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:

a. purchase any two of the following eligible KIRKS products (Eligible Products) in one transaction from a Participating Outlet:

i.KIRKS 1.25L GINGER BEER;
ii.KIRKS 1.25L PASITO;
iii.KIRKS 1.25L SARSAPARILLA;
iv.KIRKS 1.25L DRINKING DRY GINGER;
v.KIRKS 1.25L LEMONADE;
vi.KIRKS 1.25L LEMON;
vii.KIRKS 1.25L FRUITA;
viii.KIRKS 1.25L SNOW DROP;
ix.KIRKS 1.25L KOLE BEER;
x.KIRKS 1.25L SUGAR FREE CREAMING SODA;
xi.KIRKS 1.25L SUGAR FREE LEMON;
xii.KIRKS 1.25L SUGAR FREE LEMONADE;
xiii.KIRKS 1.25L CREAMING SODA;
xiv.KIRKS 10x375mL Can SUGAR FREE LEMONADE;
xv.KIRKS 10x375mL Can SUGAR FREE LEMON;
xvi.KIRKS 10x375mL Can SUGAR FREE CREAMING SODA;
xvii.KIRKS 10x375mL Can CREAMING SODA;
xviii.KIRKS 10x375mL Can LEMONADE;
xix.KIRKS 10x375mL Can LEMON;
xx.KIRKS 10x375mL Can DRINKING DRY GINGER;
xxi.KIRKS 10x375mL Can GINGER BEER;
xxii.KIRKS 10x375mL Can PASITO;
xxiii.KIRKS 10x375mL Can KOLE BEER;
xxiv.KIRKS 18x375mL Can LEMON;
xxv.KIRKS 18x375mL Can LEMONADE;
xxvi.KIRKS 18x375mL Can CREAMING SODA;
xxvii.KIRKS 18x375mL Can PASITO;
xxviii.KIRKS 18x375mL Can KOLE BEER;
xxix.KIRKS 24x375mL Can LEMONADE;
xxx.KIRKS 24x375mL Can LEMON;
xxxi.KIRKS 24x375mL Can GINGER BEER;
xxxii.KIRKS 24x375mL Can PASITO;
xxxiii.KIRKS 24x375mL Can SARSAPARILLA;
xxxiv.KIRKS 24x375mL Can DRINKING DRY GINGER;
xxxv.KIRKS 24x375mL Can KOLE BEER;
xxxvi.KIRKS 24x375mL Can CREAMING SODA;
xxxvii.KIRKS 2L LEMONADE;
xxxviii.KIRKS 2L LEMON;
xxxix.KIRKS 2L DRINKING DRY GINGER;
xl.KIRKS 2L PASITO;
xli.KIRKS 2L FRUITA;
xlii.KIRKS 2L SNOW DROP;
xliii.KIRKS 2L KOLE BEER;
xliv.KIRKS 2L GINGER BEER;
xlv.KIRKS 2L CREAMING SODA;
xlvi.KIRKS 4x300mL LEMON LIME BITTERS;
xlvii.KIRKS 600mL PORTELLO;
xlviii.KIRKS 600mL SARSAPARILLA;
xlix.KIRKS 600mL KOLE BEER;
l.KIRKS 1.25L DRY GINGER ALE;
li.KIRKS 1.25L SODA WATER;
lii.KIRKS 1.25L TONIC WATER;
liii.KIRKS 10x375mL Can DRY GINGER ALE;
liv.KIRKS 10x375mL Can TONIC WATER;
lv.KIRKS 24x150mL Can TONIC WATER;
lvi.KIRKS 24x150mL Can DRY GINGER ALE;
lvii.KIRKS 4x300mL Glass DRY GINGER ALE;
lviii.KIRKS 4x300mL Glass TONIC WATER;
lix.KIRKS 4x300mL Glass SODA WATER;
lx.KIRKS 4x300mL Glass BITTER LEMON;
lxi.KIRKS 4x330mL Glass TONIC WATER;

b.place in a stamped envelope two (2) clean, original barcodes cut from each Eligible Product (as set out in paragraph

(a)) purchased (cartons or bottles only), along with a photocopy of your purchase receipt and details of your name, full address, email address (if providing Express Consent to receive CCA Marketing Communications for a Bonus Entry as set out in paragraph (7)), day time phone number and send to (retaining original receipt as proof of purchase): Kirks Legendary BBQ Promotion PO Box 365, PORT MELBOURNE VIC 3207 Australia

– OR –


c.Visit www.facebook.com/KirksOriginals and complete online entry form, including Eligible Entrant’s full name, address, email address, day time phone number, Promotional Pack barcodes (retaining original receipt as proof of purchase), and the last 4 digits of your receipt number. (an Eligible Entry).



DRAW AND PRIZES

7.Eligible Entrants who sign up to become a member of “CCA Clubhouse” and provide their Express Consent to receive or are currently receiving CCA Marketing Communications in accordance with clause 33 of these Terms shall receive one bonus entry for each Eligible Entry entered online in their name (Bonus Entry).


8.Daily prize draws will be conducted at Suite 403/62, Beach Street, Port Melbourne by a representative of the Promoter at 12pm AEDST daily from 29/12/11 to 21/2/12 inclusive with draws that fall on weekends and/or public holidays to occur on the next business day following (56 daily prize draws in total). All non-successful Eligible Entries and non-successful Bonus Entries each day will roll over to future daily draws.


9.The major prize draws will be conducted at Suite 403/62, Beach Street, Port Melbourne by a representative of the Promoter on the 21st February 2012 at 12pm AEDST (mail received after the 20th February 2012 will not be eligible for entry).


10.Entries will be divided into state groups based on the residential location of each entrant. The state groups will be: NSW/ACT, VIC/TAS, SA/NT, QLD and WA (State Groups).There will be one Major Prize winner from each State Group. Entries will not be divided into State Groups for daily Minor Prize draws.


11.Major Prizes (5 in total):. A BBQ experience in Sydney with Paul ‘Fatty’ Vautin and Robert ‘Dipper’ DiPierdomenico which includes: (a) Return economy flights from winner’s nearest airport for 3 people to Sydney; (b) 3 nights’ accommodation in a 4 star hotel (as determined by the Promoter) based on one standard room for 3 people (Accommodation); (c) Transfers to and from airport to Accommodation for 3 people; (d) Transfers to and from the Accommodation to the Sydney event for 3 people; (e) 1 x Retro SMEG FAB28 271L Refrigerator in white stocked full of Kirks product of the winner’s choice; (f) 1 x Turbo Classic 4-Burner BBQ from Barbeques Galore model TC4CWWJ; (g) 1 x KIRKS branded wooden deck chair with cooler. Dimensions 945mm (h) x 725mm (w) x 1030mm (d); and (h) Spending money allowance of $500 (awarded via electronic transfer to the winner’s bank account) for the winner only. The dates of travel for the major prize must occur between 1st April 2012 and 30th April 2012. Exact dates to be determined by the Promoter pending availability of Paul ‘Fatty’ Vautin and Robert DiPierdomenico. Major prize valueRRP$10,000 (incl GST) each. Winner must pay associated costs in getting to/from the nearest airport from/to the winner’s residence. Total value major prize pool RRP $50,000 (including GST).


12.Minor Prizes: 56 x KIRKS branded wooden cooler deck chairs stocked with KIRKS product of the winner’s choice. Deck chair dimensions 945mm (h) x 725mm (w) x 1030mm (d). Valued at RRP$400 each (incl GST). One cooler deck chair to be won daily. Total value minor prize pool RRP $22,400.00 (incl GST).


13.The winners of the daily prizes and the major prize will be notified by telephone within 24 days of the draw by post, e-mail or phone. All winners will be published in “The Australian” on 24 February 2012.


14.Total Prize Pool value $72,400.00 (including GST)


15.The winners of the major prizes will have until 15.00 AEDST on 2nd March 2012 to claim their prize, failing which their right to the prize shall be forfeited. An unclaimed prize draw will be conducted at 15.01 AEDST on the 5th March 2012 to distribute the major prize. The second chance draw prizes must be claimed by 16th March 2012. In the event that any winner does not claim their second chance draw prizes by this date or is not readily identifiable, the prizes will be automatically forfeited by the winner and cash will not be awarded in lieu of the prizes. The forfeited prizes will, subject to any written directions from the various state and/or territory regulatory authority, be donated to a charity of the Promoter’s choice.


16.The winners of the daily prize draws will have until 15.00 AEDST on 21 May 2012 to claim their prize. An unclaimed prize draw will be conducted at 15.01 AEDST on 24 May 2012. These second chance draw prizes must be claimed by 24 August 2012. In the event that any winner does not claim their second chance draw prizes by this date or is not readily identifiable, the prizes will be automatically forfeited by the winner and cash will not be awarded in lieu of the prizes. The forfeited prizes will, subject to any written directions from the various state and/or territory regulatory authority, be donated to a charity of the Promoter’s choice.


17.The major prize winner must hold a valid credit card and present it at the Accommodation to cover any incidental charges they incur during their stay. Additional spending money, meals, transfers and any other ancillary costs, including but not limited to insurance, not listed in the major prize description above are the responsibility of the major prize winner and his/her nominated travelling companions as incurred.
VERIFICATION

18.Entrants must retain the original purchase receipt from their Qualifying Purchase (Proof of Purchase) which corresponds to the entry they submit in the Promotion in order to claim the Prize (if won).


19.If requested by the Promoter, the prize winner(s) must produce, within the time requested by the Promoter at its absolute discretion: (a) Appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim the prize(s) and compliance with these Terms; and (b) Entrants Proof of Purchase (participating store receipts) that corresponds to all entries they have submitted in the Promotion, before the Promoter issues the relevant prize. If the items required by the Promoter are not received or a provisional winning entry has not been verified to the satisfaction of the Promoter within the time period required by the promoter, the provisional winner's entry will be invalid and, at the Promoter's absolute discretion, all of the provisional winner's remaining entries will be invalid. Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.
GENERAL

20.Each Qualifying Purchase counts towards one entry only.


21.Eligible Entrants may enter the Promotion as many times as they wish provided; (a) each entry is based on a separate Qualifying Purchase and (b) is submitted separately in accordance with these Terms.


22.Entrants can only enter the Promotion in their own name. Any part of the prize(s) not taken cannot be redeemed for cash.


23.Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.


24.The Promoter shall not be liable for prizes being lost, stolen, damaged or tampered with in any way before the prizes reach the winners.


25.The Promoter accepts no responsibility for any variation in the value of the Prizes.


26.If the Promoter is unable to provide a winner with a 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 the relevant State Gaming Departments.


27.The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. No responsibility will be taken for lost, late or misdirected entries.


28.If, for any reason, the Promotion is not capable of being run as planned, including due to electronic draw element in the Promotion being infected 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 state regulations, including cancelling, terminating, modifying or suspending the Promotion.


29.Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism or Draw 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.


30.Incomplete, illegible, indecipherable or incorrect entries are not eligible to win.


31.The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on each entrant and no correspondence will be entered into.


32.The Promoter collects (and Prime Focus collects on the Promoter's behalf) personal information about entrants to include entrants in the Promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant cannot participate in the Promotion. By participating in the Promotion, each Eligible Entrant consents to Prime Focus disclosing their personal information to the Promoter and the Promoter using, and disclosing their personal information to the Promoter's related entities, the Promoter's agencies and other third parties engaged to provide services in connection with the Promotion (including prize suppliers) for use for, the following purposes: (a) contacting the entrant in relation to the Promotion; (b) improving the Promoter's or the Promoter's related entities' goods and services; and (c) in the Promoter's and its agencies’ case, the purposes set out in the Promoter's privacy policy (available by writing to the Promoter at the address set out in paragraph 2 of these Terms). The Eligible Entrant provides this consent until such a time as they withdraw their consent by giving notice to the Promoter. Eligible Entrants can also gain access to, update or correct any personal information held by Prime Focus by contacting Prime Focus at the address set out in paragraph 2 of these Terms. All personal information will be stored at the office of the Promoter and/or Prime Focus as the case may be.


33.By entering the Promotion, entrants agree and acknowledge: (a) they may be contacted by the Promoter (or an agent of the Promoter) to provide comments about the Promotion and the Promoter (or an agent of the Promoter) may take photos or recordings of them; (b) the Promoter may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the Materials) for the Promoter's future promotional and marketing purposes without further reference or compensation to them; (c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; (d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose it determines; (e) they unconditionally and irrevocably: (i) consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (Moral Rights); and (ii) waive all Moral Rights in the Materials that arise outside Australia; and (f) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.


34.Eligible Entrants may, at the time of entering the Promotion, consent to receive commercial electronic messages and CCA Marketing Communications (as defined in this clause) from the Promoter by checking the tick box next to the following message: "I would like to sign up to receive information on special offers, exclusive competitions, and more from Coca-Cola Amatil group of companies " (Express Consent). Where an Eligible Entrant provides Express Consent, the Promoter will use the information provided by the Eligible Entrant on the Entry Form to send the Eligible Entrant further communications in relation to special offers, exclusive competitions, news and event information in relation to the Promoter's product range (CCA Marketing Communications). Eligible Entrants who do not provide Express Consent will not receive CCA Marketing Communications. Eligible Entrants may unsubscribe from the CCA Marketing Communications at anytime. For the avoidance of doubt, an Eligible Entrant does not have to provide Express Consent in order to enter the Promotion.


35.The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prizes. Entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the Promoter.


36.If any of the Prize Winners’ companions is under 18 years of age, their parent or guardian, acknowledges and agrees that it is a condition of participation in the Promotion that the entrant be capable of agreeing to these Terms and giving the consents contained herein.


37.The parent or guardian of each Prize Winner’s companion under 18 years of age: (a) will ensure that the entrant in respect of whom they agree to these Terms, will comply with these Terms; and (b) warrants that the entrant in respect of whom they agree to these Terms, is capable of agreeing to these Terms and giving the consents contained herein


38.The parent or guardian of each Prize Winner’s companion under 18 years of age agrees to indemnify the Promoter against: (a) any claims made by the entrant, his or her guardian, any member of his or her family or any other party, against the Promoter in connection with the Promotion or the entrant's participation in the Promotion; and (b) any losses (including any liability) caused by any act or omission of the entrant which is inconsistent with these Terms.


39.The parent or guardian of each Prize Winner’s companion under 18 years of age who participates in the Promotion, acknowledges that they are provided with the opportunity for their child to participate in the Promotion, as consideration for their agreement to these Terms.


40.The Promoter may require any parental or guardian consent or agreement referred to in these Terms to be produced in writing, and such consent if requested must include the words "in consideration of Coca-Cola Amatil agreeing to admit the entrant into this Promotion, [name of Parent or Guardian] agrees to be bound by the terms of entry into the Promotion".


41.The: (a) Promoter, the Promoter's related entities, the participating outlets, and all agencies associated with the Promotion; and (b) the employees, agents, directors and contractors, of all entities referred to in paragraph 41(a), 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, or participation in, prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).


42.The Promoter is Coca-Cola Amatil (Aust) Pty Ltd (ABN 68 076 594 119) of 40 Mount Street, North Sydney, New South Wales 2060, Australia. Authorised under NSW Permit No LTPS/11/08904, VIC Permit No 11/1943, ACT Permit No TP11/03791.1, SA Permit No T11/2008. © 2011. ‘KIRKS’ is a registered trade mark of the CCA Group.
©2011. ‘KIRKS’ is a registered trade mark of the CCA Group.