http://schweppesaustralia.com.au/Promotions/Indies-2013.aspxIndies 2013 Adelaide V8’s experience with the Pepsi Max Crew Promotion
Trade Promotion: Game of Chance
Schedule to Terms of Entry
Name of Promotion Indies 2013 Adelaide V8’s experience with the Pepsi Max Crew Promotion
Permit numbers SA: T12/2583
Website NA
Promoter Schweppes Australia Pty Ltd, ABN 51 004 243 994,L5 111 Cecil Street,South Melbourne Victoria 3205, HELPLINE: 1800 244 054
Relevant States/Territories SA
Entrants Entry to the Promotion is open to Australian residents in the Relevant States/Territories, aged 14 years + and who fulfill the entry requirements. Entrants must be able to take the major prize on the dates nominated by the Promoter (see Prize Details). Entrants aged under 18 years must obtain permission from their parent/guardian to enter the Promotion.
Entry Restrictions Must be aged 14 years + Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible. “Immediate families” means spouse, partner, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Promotion Period Starts: 7/01/2013, Ends: 11:59pm 17/02/2013
All times are Adelaide times
Entry Mechanic To enter the Promotion validly, consumers must purchase any combination of TWO Pepsi Max or Pepsi Max Kick products (Products) from a participating independent grocery store in SA that is advertising this Promotion during the Promotion Period to, then either:
• send an SMS from their mobile phone to 1999 1444 (max SMS cost 55c inc GST) giving the last 5 digits of the Product barcodes and details in one message in the following format: LASTFIVEDIGITSOF1STPRODUCTBARCODE[SPACE]LASTFIVEDIGITSOF2NDPRODUCTBARCODE[SPACE]FIRSTNAME[SPACE]
LASTNAME[SPACE]POSTCODE
Computer generated entries will not be accepted. SMS Helpline: 1800 205 596
OR
• write both Product barcodes, their name, address and telephone number on the back of an envelope or postcard and send to Indies Clipsal 500 Consumer Promotion GPO BOX 442, Melbourne, VIC 3001
Entrants must retain a photocopy of their receipt(s) from purchase showing the date/time of purchase (Purchase Receipt) as proof of purchase.
Prizes:
Daily prizes:
There are 42 daily prizes (see Prize Details) that will be awarded to the first valid entry drawn in a daily draw (Daily Draw).
Major prizes:
There is one (1) major prize (see Prize Details) that will be awarded to the first valid entry drawn in the major draw (Major Draw).
Maximum Number of Entries Maximum of five (5) entries per day, one (1) entry per eligible purchase only.
SMS Service Provider MessageMedia L22 385 Bourke Street Melbourne 3000
SMS Service Provider’s Helpline 1800 205 596
Draw Details
Daily Draws:
A Daily Draw will be conducted each business day at 11:05am, from 8/01/2013 until 18/02/2013 inclusive. All entries received by the Promoter in the preceding 24 hour period (0:00 – 11:59pm) during the Promotion Period will be entered into the next Daily Draw. The first valid entry randomly drawn in a Daily Draw will win a daily prize.
Daily Draws for dates that fall on the weekend or a public holiday will be conducted on the next business day.
There are a total of 42 Daily Draws.
Major Draw:
Time: 11:05am
Date: 19/02/2013
Location: MessageMedia L22/385 Bourke Street Melbourne Victoria 3000
Prize Details
Daily prizes:
Each daily prize is a AU$50 Pepsi Max Crew EFTPOS card.
Major prize:
The major prize (which must be claimed by 5:00pm on 25/02/2013 and taken 28/02/2013 – 3/03/2013 inclusive) is a 2013 Clipsal 500 experience for two (2) people in Adelaide SA , and comprises:
• three (3) night’s accommodation (twin share; standard room) for two (2) people at a minimum four star hotel (as specified by Promoter. In: 28/02/2013; out: 03/03/2013) including breakfast;
• two (2) standard admission tickets to each day of the Clipsal 5000 event (01-03/03/2013 inclusive);
• corporate hospitality at the Pepsi Max Crew suite (01-03/03/2013 inclusive including daily lunch at the track as specified by Promoter);
• Pepsi Max Crew driver ‘meet & greet’; and
• daily return transfers between the hotel and track.
The major prize is valued at up to $9,300 (inc GST).
The major prize must be taken to coincide with the specified dates. No extension will be permitted. The major prize winner will be notified immediately by telephone. The winner must confirm their availability to take the major prize on the specified date by 5:00pm (Adelaide time) 25/02/2013. In the event that a winner is unable to take the major prize on the specified dates, or has not claimed the major prize by 5:00pm (Adelaide time) 25/02/2013, or has not confirmed their availability to take the major prize on the specified dates by 5:00pm (Adelaide time) on 25/02/2013, then the winner’s entry will be deemed invalid and the Promoter reserves the right to conduct a further draw at 9:00am on 26/02/2013 at the same location as the original draw to distribute the major prize.
Where a person participating or nominated to participate in the prize is under 18 years of age, a parent or legal guardian of the participant must be present for the duration of the prize, as one of the participants.
Prior to participating in the prize the winner and participant must sign an indemnity and waiver of liability in a form approved by the Promoter in favour of the Promoter and all involved parties. Where a participant is a minor, the indemnity and waiver must be provided by his or her parent / guardian. The required indemnity and waiver must be signed prior to participation and a failure to sign will invalidate a winning entry.
Prize Delivery Promoter will contact winners to arrange delivery
Total Number of Prizes
42 daily prizes
One (1) major prize
Total Prize Pool Daily prizes: $2,100 (inc GST)
Major prize: Up to $6,200 (inc GST)
Total prize pool: $8,300 (inc GST)
Date at which Prize Value Valid 4 December 2012
Notification of Winner(s) (including Unclaimed Prize Winner(s)) Promoter will contact winners in writing.
Publication Details (of Winner(s)) The Advertiser (SA) on 21/02/2013
Unclaimed major prize date (if applicable): The Advertiser (SA) on 28/02/2013
Prize Claim Date and Time Major prize: 5:00pm 25/02/2013
Daily prizes: 17/05/2013
Draw for Unclaimed Prize Details
Major prize
Time: 9:00am
Date: 26/02/2013
Daily prizes:
Time: 10:30am
Date: 20/05/2013
Location of any draws: MessageMedia L22/385 Bourke Street Melbourne Victoria 3000
Trade Promotion: Game of Chance
Terms of Entry
1 These terms must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. Participation in the Promotion constitutes acceptance of these Terms of Entry. To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails.
2 Entry is open only to Entrants of the Relevant States/Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this Promotion are ineligible to enter.
3 The Promotion will be conducted during the Promotion Period.
4 To enter the Promotion, entrants must follow the Entry Mechanic during the Promotion Period.
5 Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
6 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries via SMS or email are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.
7 If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST) (Computer generated entries are not accepted). SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants must have the account holder’s permission prior to entering. The Promoter’s SMS Service Provider and its SMS Service Provider’s helpline is in the Schedule.
8 This is a game of chance. The draw/s will be conducted in accordance with the Draw Details. Minor prize/s will be awarded to the valid entrant/s randomly drawn in accordance with the Entry Mechanic.
9 The judges' decisions are final and no correspondence will be entered into.
10 All entries and materials submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each entrant warrants that s/he has the right to transfer these to the Promoter. Each entry must be the entrant’s original work. By entering this Promotion entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; and
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.
12 The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each entrant takes full responsibility for any such claims made in relation to their entry.
13 The prize/s will be awarded to the valid entrant as set out in the Draw Details for the Promotion.
14 Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material, competitor's products or that infringe any third party rights will be invalid (and the Promoter reserves the right to remove these invalid entries from the Website).
15 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
16 Where a prize includes international or domestic travel, the prize must be taken during the period specified by the Promoter and/or the supplier or organiser of the prize. Block out periods may also apply. If the prize is to attend a specified event, travel must be taken to coincide with the event on the dates specified by the Promoter. (Winner and their companion/s must depart and return at the same time using the same air carrier on flights determined by the Promoter or its agents.) No extension will be permitted. Any alterations to confirmed prize details including but not limited to alterations in the flight itinerary, will be at the expense of the winner and will only be permitted with the Promoter's prior consent.Winner and their companion/s are not eligible to earn any Frequent Flyer points from the prize. Flights and accommodation are subject to booking and availability. All costs associated with a travel prize which are not specified as included in the prize, including but not limited to transfer costs, meals, taxes (excluding flight related taxes), insurance, spending money and other ancillary costs (including any costs associated with transport etc from the winner’s place or places of residence to the winner’s nearest airport are the responsibility of the winner), are the responsibility of the winner and their companion/s. The winner is responsible for ensuring that they have all necessary travel insurance and documents to travel to the destination(s) (including, where required, a current passport and visas), otherwise the winner’s entry will be deemed invalid. (It is strongly recommended that the winner and participant of the prize acquire adequate travel insurance, where this is not specified as part of the prize.)
The Promoter is not responsible for any cancellation, delay or rescheduling of flights. Any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including
www.dfat.gov.au.
17 If the prize includes any vehicle (Vehicle), including a motor vehicle/motorcycle/motor scooter/boat or any other vehicle, the prize does not include any insurance or accessories not specified. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner’s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State/Territory in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle.
18 Where a prize involves the winner:
(a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or
(b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
17 If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers. Once awarded, the Promoter shall not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
18 If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets.
19 If a winner of a prize is under the age of 18 years (where entry by those under 18 years is permitted), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian.
20 The Promoter may, in its absolute discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize.
21 The Promoter may in its absolute discretion, prohibit an entrant’s participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
22 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at
http://www.alcoholguidelines.gov.au/.
23 At the Promoter’s request, winners must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.
24 If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
25 The winner/s will be notified as stated in the Notification of Winner(s) section of the Schedule. By entering this Promotion, each entrant requests that his or her full address not be published.
26 The major prize winner will be notified immediately by telephone if practicable (Winner will also be notified in writing and published at
www.schweppesaustralia.com.au). The major prize winner must confirm their availability to take the prize on the specified dates by 5:00pm (Melbourne time) on 15/01/2013. In the event that a major prize winner is unable to take the prize on the specified dates, or has not claimed the prize by 5:00pm (Melbourne time) 15/01/2013, or has not confirmed their availability to take the prize on the specified dates by 5:00pm (Melbourne time) on 15/01/2013, then the major prize winner’s entry will be deemed invalid and the Promoter reserves the right to conduct a further draw at 10:30am on 16/01/2013 at the same location as the original draw to distribute the prize, subject to any directions given by any relevant authority.
27 If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. If a prize is no longer able to be redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required.
28 Entrants acknowledge that there may be inherent risks in some aspects of the Promotion, or the prize and that participation in the Promotion and/or using the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk. (Where applicable, the Promoter strongly recommends the user of a prize familiarise him/herself with the features of the prize and that appropriate protective clothing is worn at all times when the prize is used).
29 To participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable.
30 If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this Promotion and/or providing the prize prior to undertaking any specified activities forming part of the Promotion or prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 26.
31 Prizes and participation in this Promotion are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
32 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
33 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
34 The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.
35 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
36 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
37 No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied for that element of the prize. Prize Value is as specified on the Date at which Prize Value Valid. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified for that prize in the Prize Details), subject to regulatory authority approval where applicable.
38 Without limiting paragraph 31, The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
39 Subject to regulatory authority approval where applicable, if for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
40 Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws in each Relevant State/Territory.
41 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
42 Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this Promotion.
43 The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can read the Promoter’s Privacy Policy at
www.schweppesaustralia.com.au. Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting the Promoter at the address stated in the Schedule.
44 Unless the contrary intention appears, a reference in these terms or the Schedule or in any advertisement relating to this Promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
45 Where the Promotion is administered on Facebook entrants and participants in the Promotion acknowledge that the Promotion is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants of the Promotion release Facebook and its associated companies from all liability arising from the Promotion.
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