(entered on shopping list)
http://www.mitre10.com.au/On-Sale-Now/Current-Promotions/Win an Outlander with Accent Solarmax
Terms and Conditions of Entry for the "ACCENT MITRE 10 OUTBACK PROMOTION " (Promotion)1. Information on How to Enter and prize information form part of these Conditions of Entry (Conditions of Entry).
2. Entry into the Promotion is deemed acceptance of these Conditions of Entry.
3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s 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.
4. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s 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.
5. The Promoter’s 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 entered into.
The Promoter of the Promotion is ORICA AUSTRALIA PTY LTD
ABN: 99 004 117 828 of 1956 Dandenong Rd, Clayton VIC 3168. (Promoter).
6. The outlets participating in the Promotion (Participating Outlets) are Mitre 10 stores listed at
www.mitre10.com.au and in stores.
7. All prices stated are in Australian dollars, represent the recommended retail price (RRP) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDST) depending on the date. All times are stated using the 24 hour clock.
PROMOTION PERIOD
8. The Promotion will commence 00:01AEDT on 1/12/2010 until 23:59 AEDT on 31/12/2010 (Promotion Period).
9. 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, the Participating Outlets 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 (a) of these Conditions of Entry;
(c) 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 (b) of these Conditions of Entry include 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 ENTER10. To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
(a) Purchase 4 litres or more of accent® Solarmax (Eligible Products) from a Participating Outlet in one transaction (Qualifying Purchase); and
(b) Complete their entry in accordance with these Terms (Eligible Entry).
11. Entry is via SMS (SMS Entry)12. Eligible Entrants can complete their Eligible Entry during the Promotion Period by sending an SMS to 1999 9880, containing:
i. the last 5 digits of one valid barcode (Valid Barcode);
ii. their first name;
iii. their last name;
iv. postcode;
v. store location;
in this order (Required Format).Example: 98765 Alex Blake 3101 Mitre 10 Kew
and which complies with paragraph 14 of these Conditions of Entry (SMS Entry).
13. For an SMS Entry to be valid:
i. it must be sent from an SMS enabled mobile handset (SMS entries sent via the internet are ineligible) that is connected to a service provider and service plan (if applicable) that permits the Eligible Entrant to send SMS to premium SMS numbers (some handsets are incompatible and some service providers and / or some service plans do not permit premium SMS. Prospective Entrants should check with their network service provider to see if their mobile phone is compatible);
ii. it must be identifiable by a MSISDN (unique mobile SIM number);
iii. the Eligible Entrant submitting the SMS Entry must have the bill payer's permission to enter the Promotion prior to submitting their SMS Entry; and
iv. it must be in the Required Format.
14. Maximum cost of each SMS Entry is 55 cents (including GST).
15. SMS Entry service provided by PrimeFocus ABN: 55 427 571 651 Phone: 1800 818 95
16. If an Eligible Entrant submits a valid SMS Entry which complies with the Required Format and contains a Valid Barcode they will receive an SMS response confirming that their SMS Entry is valid and has been received (SMS Response).
17. If an Eligible Entrant submits an SMS Entry which does not comply with the Required Format and / or does not contain a Valid Barcode and / or otherwise does not
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comply with these Conditions of Entry, they will receive an SMS response informing them of the error in their SMS Entry (Error SMS Response).
18. SMS Response and / or Error SMS Response (as applicable) receipt times may vary and are subject to network coverage and availability, the number of entries received by the Promoter, the available memory on the entrant's mobile SIM card and other technical factors.
19. Response times may vary and are subject to network coverage and availability, the number of entries received by the Promoter, the available memory of the SIM card inside the Entrant's mobile phone and/or other technical problems beyond the control of the Promoter.
20. If the Eligible Entrant receives an Error SMS and chooses to submit a new SMS Entry they will be charged an additional 55 cents (including GST). There is an automated limit on invalid SMS Entries. An Entrant may be blocked, at the discretion of the Promoter, from submitting entries once the limit has been reached.
21. Entrants must ensure that all care is taken when entering. It is the complete responsibility of the Entrant to ensure that they SMS the correct number, in the event that an error occurs the Promoter accepts no responsibility for any costs incurred, responses received or any other financial or other consequences which result there from but is the sole responsibility of the Entrant.
22. There is a limit to the number of invalid Barcodes that may be submitted by entrants in attempting to enter the Promotion. The Promoter may, at its absolute discretion, block and / or disqualify Entrants from submitting further entries into the Promotion where they have reached that limit.
23. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that any entry mechanism will be available at all times.
24. Entrants acknowledge that SMS is not a guaranteed delivery communication tool.
25. 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.
26. SMS entries which are not in the Required Format or which contain offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
27. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.
VERIFICATION28. Entrants must retain their original purchase receipt from the Eligible Product(s) they purchased as part of their Qualifying Purchase (Proof of Purchase) which corresponds to all entries they submit in the Promotion in order to claim any prize (if won).
29. If requested by the Promoter, Eligible Entrants 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 a prize (if drawn) and compliance with these Conditions of Entry; and
(b) their Proof of Purchase that corresponds to all entries they have submitted in the Promotion.
If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the entrant will be deemed as invalid.
Prizes will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction
30. All costs associated or arising in connection with the prizes are the responsibility of the respective prize winner.
31. Entrants can only enter the Promotion in their own name.
32. In order to claim a prize, prize winners are required to sign a Promotion Participation Agreement on terms determined by the Promoter, including:
(a) confirming their eligibility to enter the Promotion and compliance with these Conditions of Entry; and
(b) providing a release and indemnity in favour of the Promoter in respect of their participation in the Promotion, acceptance of, and use or participation in, their prize.
DRAW AND PRIZE INFORMATION33. A random electronic prize draw will be conducted at PrimeFocus 403 / 62 Beach Street Port Melbourne VIC 3207(Draw Location) by a representative of the Promoter at 12 noon AEDT 12/01/2011 from all Eligible Entries received during the Promotion (Prize Draw).
34. The first valid entry drawn will win one (1) white Mitsubishi Outlander LS with manual transmission (Vehicle), valued at a maximum of $35,999 (including GST) RRP (depending on winners place of residence). Further details of the Vehicle are available at www.mitsubishi-motors.com.au/vehicles/4wd/outlander/examine/range/2-4l (Major Prize).Prize includes Vehicle on road costs, the maximum value of which will vary depending on the State or Territory in which the Vehicle is registered. The on road costs are dealer delivery and statutory government charges and one year’s registration and compulsory 3rd party personal insurance (CTP/TAC, etc) for private use.
To be eligible to claim the Vehicle, the winner must be capable of obtaining motor vehicle registration of the Vehicle in his/her name in accordance with the applicable legislation in the State or Territory in which the winner resides. If the winner is, through any legal incapacity or otherwise, unable to register the Vehicle in her name then she may, notwithstanding any other provision of these conditions, transfer the Vehicle to another person with legal capacity for the purpose of registering the Vehicle in the State or Territory in which the winner resides.
The winner of the Vehicle must collect it from the dealer specified by the Promoter and it must be registered prior to collection. The dealership will be located in the winner’s nearest capital city. Any number plate details used in the promotion of the Promotion are representational only. No colour choice of the Vehicle is available.
The Vehicle excludes any optional extras. The supplying dealer will not provide a substitute model or exchange the Vehicle for cash.
Unless expressly stated within these Conditions, all expenses incurred in relation to the Vehicle (including additional insurance) are the responsibility of the winner.
The Vehicle must be redeemed in full by 31/03/2011.
35. Following the drawing of the Major Prize, the next five (5) valid Eligible Entrants drawn in the Prize Draw will win a trip for two (2) adults to Kakadu, Northern Territory valued at $3,000 (including GST) RRP (Trip).
Each Trip comprises of -
o Return economy flights from the winners nearest capital city to Darwin valued at up to $1,800 (depending on the winners' place of residence);
o Return transfers from Darwin airport to the accommodation valued at $200 (including GST) RRP; and
o Five (5) nights accommodation at a 4 star minimum hotel in a standard twin share room valued at $1,000 (including GST) RRP.
The Trip must be redeemed and completed before 30/06/2011.
Flights not included if winner(s) resides in the Northern Territory.
All aspects of the Trip are for two (2) people travelling together at all times.
The prize winners must give the Promoter at least 30 days notice of intended travel and booking is subject to availability.
Once booked, changes to the traveller details, travel, flights or accommodation can not be made.
The Trip cannot be exchanged for other travel, flights or accommodation at other destinations.
The Trip does not include:
I. any transport between a traveller's residence and the departure airport;
II. any overnight accommodation while travelling to the departure airport or destination;
III. any incidental hotel charges (such as mini-bar charges, telephone calls, in house movies, food and beverages);
IV. any insurance (such as travel or health cover);
V. any other ancillary costs which may be incurred by those travelling.
Each prize Winner must hold a valid credit card and present on check in at accommodation, to cover any incidental hotel charges.
Participation in the Trip is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in the prize (Third Party Terms).36. The total value of the prize pool available to be won in the Promotion is AU$50,999 (including GST).
NOTIFICATION OF WINNERS\
37. The Prize Draw winners will be:
(a) notified by Phone and Mail; and
(b) published in The Australian on 08/02/2011.
UNCLAIMED PRIZE DRAW38. If a prize is won by:
(a) an Eligible Entrant who is not a resident of Western Australia and they do not claim their prize by 12 noon 20/04/2011 a random electronic re-draw will be conducted on that date and time at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from State and Territory Gaming Departments; or
(b) an Eligible Entrant who is a resident of Western Australia and their prize remains unclaimed, the Promoter will retain their prize until 12/01/2012, before seeking directions from the Department of Gaming, Racing and Liquor, Western Australia (Re-Draw).
NOTIFICATIONS OF RE-DRAW WINNERS39. The Re-Draw winners, if any, will be:
(a) notified by Phone and Mail; and
(b) published in The Australian on 10/05/2011.
40. Acceptance and use of the prizes is subject to terms and conditions imposed by those involved in providing goods and / or services as part of or in connection with the Prizes.
41. If more than one person attempts to claim a Prize, the Promoter has sole and absolute discretion to determine which of those persons is the winning entrant(s).
GENERAL42. Each Qualifying Purchase counts towards one (1) entry only.
43. Eligible Entrants may enter the Promotion a maximum of 10 times each subject to a maximum of 2 Eligible Entries per mobile phone number on any given day throughout the Promotion Period.
44. Eligible Entrants who are not residents of South Australia may win a maximum of 1 prize in the Promotion only.
45. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered and may not be varied.
46. The Promoter accepts no responsibility for any variation in the value of the prizes from the time of printing Promotion materials.
47. If the Promoter is unable to provide a winner(s) 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 State and / or Territory Gaming Departments.
48. 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. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.
49. 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 States and Territories regulations, including cancelling, terminating, modifying or suspending the Promotion.
50. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism 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.
51. 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 (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, the prizes, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
52. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a prize.
53. Prize winners must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of a prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
54. 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.
PERSONAL INFORMATION55. All entries become the sole property of the Promoter.
56. All information Entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.
57. 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.
58. Entrants can 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 from the Promoter by contacting the Promoter at the address above. Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.
59. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
Authorised under Permit Numbers – NSW LTPS/10/08232 VIC 10/3049 SA T10/2024 & ACT TP 10/03703.
Australian Competitions Club
