http://gatoradecoolerofcash.com.au/TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 14 years or over. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their immediate families) of the Promoter 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.
3. The promotion
commences on 01/11/2012 and closes at 11.59pm AEDST on 31/03/2013 (“Promotional Period”). The Instant Win Period commences on 01/11/2012 and closes at 11:59pm AEDST on 31/01/2013 (“Instant Win Period”).
4. To be eligible to enter, entrants must during the Promotional Period, purchase any specially marked Gatorade powder or 600ml bottle, including specially marked multi packs, from a participating store nationally.
5. To enter, entrants must then, during the Promotional Period, either:
a) send an SMS to 1997 7777 containing their unique code (found on the reverse of the product label) and full name in 1 message using the following format: UNIQUECODE[SPACE]FIRSTNAME[SPACE]LASTNAME[SPACE]POSTCODE in that order. Premium SMS cost is 55c. Entrants must have premium service access. SMS entrants under 18 years old must obtain account holder’s consent. SMS helpline: 1300 762 902; or
b) visit
www.gatorade.com.au, follow the prompts to the promotion entry page, input the requested details including the unique code (found on the reverse of the product label) and submit the fully completed entry online form.
6.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specified purchase requirement; (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) unique code per entry is permitted; (d) the same unique code cannot be used more than once; and (e) unrecognised codes will be deemed invalid.
7.
If an entrant submits more than fifty (50) entries, for each product used for his/her 51st and subsequent entries, the entrant must: (i) keep the whole label from the product purchased clearly showing the unique code(s) used to enter; and (ii) retain a photocopy of the purchase receipt that identifies it as an item purchased during the Promotional Period. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry. Instant Win Element
8. Entrants who submit a valid entry during the Instant Win Period will be eligible for the 2nd Chance Draw Element.
9. SMS winners will be contacted by SMS and/or phone and, if necessary, and the Promoter will record their address details so that the Instant Win prize may be awarded. SMS entries via the Internet are ineligible. 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.
10.
There will be five (5) instant win prizes to be won randomly each day during the Instant Win Period (460 in total). Instant Win prizes include:
• 1 x Gatorade branded cooler valued at $90 and $10,000 cash. Prize is valued at $10,090;
• 5 x Gatorade branded cooler valued at $90 and $1,000 cash. Each prize is valued at $1,090;
• 155 x Gatorade branded cooler valued at $90 and $250 cash. Each prize is valued at $340; and
• 299 x Gatorade branded cooler valued at $90 and $100 cash. Each prize is valued at $190.
11. Instant winners will be notified immediately in writing according to their entry method: (a) SMS – via return SMS; or (b) online – upon entry submission, and will be given appropriate instructions on how to claim their Instant Win prize.
12.
Total Instant Win prize pool value is $125,050. Winners of an Instant Win Prize valued at over $250 will be published in The Australian on 08/02/2013.
2nd Chance Draw Element 13. All valid entries received during the Promotional Period will receive one (1) entry into the 2nd Chance Draw.
14. The 2nd Chance draw will take place at Tigerspike Level 1, 28 Richards Ave, Surry Hills NSW 2010 on 08/04/2013 at 2pm AEDST. Winner will be notified in writing within two (2) business days of the 2nd Chance draw.
15.
The first five (5) valid entries drawn in the 2nd Chance Prize draw will win a Gatorade branded cooler valued at $90 (“2nd Chance Prize”). General
16. Incomplete, indecipherable or illegible entries will be deemed invalid.
17. 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 to disqualify any entrant who 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. 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.
18. 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.
19. The Promoter’s decision is final and no correspondence will be entered into.
20. All cash prizes will be awarded in the form of a cheque made out in the winner’s name. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
21. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
22. Total prize pool value is up to $125,500. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
23. A draw for any unclaimed Instant Win prizes or any unclaimed 2nd Chance Draw Prizes may take place on 08/07/13 at the same time and place as the 2nd Chance Prize Draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw and their names (for prizes over $250) will be published in The Australian on 22/07/13.
24. 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.
25. 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.
26. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.
27. Printing and other 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 part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials will be void if stolen, forged, mutilated or tampered with in any way. There will be a total of 14,334,714 unique codes printed for this promotion.
28. 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 State 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.
29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and companies and agencies associated with this Promotion, are 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 control of the Promoter or companies or agencies associated with this Promotion); (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) use of a prize.
30. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
31. The Promoter is Pepsico Australia Holdings Pty Ltd (ABN 25 079 719 743) of Tower A, Level 8, 799 Pacific Highway, Chatswood NSW 2067. Telephone 1800 244 054.
NSW Permit No. LTPS/12/4468 VIC Permit No. 12/1297 ACT Permit No. TP12/2114 SA Permit No. T12/1011
Australian Competitions Club
