http://www.cokeunleashed.com.au/index.jsp“COKE UNLEASHED” INSTANT WIN COMPETITION CONDITIONSWin a MOTOROLA FLIPOUT™ with MOTOBLUR™ mobile phone handset valued at $399 & a $588 pre-paid Vodafone credit.Introduction
1. Individuals acknowledge that any instant win prizes as detailed below may have already been won at the time of entry.
2. The “Coke Unleashed” Instant Win Competition (the “Competition”) is conducted by Coca Cola South Pacific Pty Ltd, ABN 50 003 029 794 of Level 9, 40 Mount Street, North Sydney NSW 2060 (“Promoter”).
3. By participating in the Competition, individuals accept these conditions (“Conditions”). Information on how to participate and prizes form part of these Conditions. This Competition is run in conjunction with The “Coke Unleashed” Program (the “Program”).
4. All references to times and dates are to times and dates in Sydney, which may be Australian Eastern Standard Time (“AEST”) or Australian Eastern Daylight Time (“AEDT”) depending on the date.
5. The word "including" means "including without limitation" and "includes", "included" and "in particular" are also to be understood as being without limitation.
6. All references to dollars or "$" are references to Australian dollars.
Eligibility
7. Participation in the Competition is only open to persons who are “Eligible Persons”, who become Members (as defined below) of the Program during the Competition Period (as defined below) and participate in the Program during the Competition Period (as defined below). An "Eligible Person" is an individual who:
1. is a resident of Australia aged 13 years, or older;
2. is not an employee of the Promoter or any of its related corporations or any of their agencies associated with the Competition;
3. is not an employee of Coca-Cola Amatil (Aust) Pty Ltd, ABN 68 076 594 119, or its related companies; and
4. is not a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of an excluded employee. An Eligible Person, who is under 18 years of age, must obtain the permission of a parent or guardian to participate.
Membership of the Program and Participation in the Program
8. Each Eligible Person who wishes to participate in the Competition must be or become a member of the Program in accordance with Condition 9 ("Member") during the Competition Period (as defined below) and participate in the Program during the Competition Period (as defined below). Each Member acknowledges that the Program is ongoing and will be conducted for a longer period than the Competition Period, and that they only have to register as a Member of the Program once during the Competition Period to participate in the Competition. To participate in the Program, Members can submit Unique Codes (as defined below) for the purpose of receiving Tokens (as defined below), which can be used for purchases on the Program Website (as defined below) as set out in the Program Terms (as defined below), during the “Program Period” (from 00:00 hrs on 1 November 2010, until further notice under the Program). In addition to the benefits provided under the Program,
Members who participate in the Program by submitting Unique Codes during the Competition Period (as defined below) will also automatically have the chance to win instant prizes (as set out below) and be deemed to accept these Conditions.
9. To register as a member of the Program, an Eligible Person must use a compatible internet browser to visit
www.cokeunleashed.com.au (“Program Website”) and follow the directions published there. To commence the process to become a member of the Program, an Eligible Person must confirm their agreement to the terms of the Program (“Program Terms”) on the Program Website and must provide:
1. their first and last names;
2. the State in which they reside and their residential postcode;
3. a current, valid e-mail address, to which correspondence from the Promoter to the person may be sent; and
4. all other details requested at the Program Website.
10. A Member may also register the Member’s mobile phone number at the Program Website (“Registered Mobile Phone Number”). The Member must do this if they wish to enter the Competition by submitting Unique Codes (as defined below) via their Registered Mobile Phone Number.
11. If the Member registers their mobile phone as a Registered Mobile Phone Number, they will be sent an SMS message from the Promoter, which the Member must reply to in accordance with the directions to complete the registration of their Registered Mobile Phone Number during the Program Period, or if they want to be eligible for this Competition during the Competition Period (as defined below). 12. There may be SMS costs associated with submitting Unique Codes or registering a Registered Mobile Phone Number.
The SMS Entry Number (as defined below) is a premium SMS number. The cost of each SMS message sent to the SMS Entry Number (as defined below) will be capped at $0.25, including GST. If you have problems submitting a Unique Code by SMS or if you have queries or complaints regarding SMS entry, contact the SMS help desk: 1800 006 552 or by emailing
cokeunleashedinfo@cokeunleashed.com.au.
13. Eligible Persons must obtain the consent of the bill payer prior to sending any SMS message. To send an SMS to the SMS Entry Number, Eligible Persons must use a mobile phone and carrier service with the ability to send SMS messages to premium SMS phone numbers. Individuals should check with their carrier prior to sending any SMS message. Messages sent via SMS are deemed to be received at time of receipt into the promotional database and NOT at the time of the transmission by the individual. SMS messages sent via the internet, or via other methods other than via a mobile phone, will be deemed invalid. A Member may update details recorded by the Promoter in connection with their membership by revisiting the Program Website and following the relevant instructions published there or by contacting the Coca-Cola Consumer Information Centre on 1800 006 552 or by emailing
cokeunleashedinfo@cokeunleashed.com.au. A Member must not register as a member of the Program more than once during the Program Period (as defined below). A Member will have a user name and password. The Member will be responsible for the security of this password and user name, and access to and use of the Member’s Token Account (as defined below).
Information on how to participate in the Competition.
14. Members who wish to participate in the Competition for the chance to win instant prizes (as set out below) must submit their Unique Codes, as provided for in these Conditions, during the period from 00:00hrs on 1/11/10 until 24:00hrs on 31/01/11 (“Competition Period”). 15. A "Promotion Pack" is any 450mL or 600mL PET bottle of “Coca-Cola”, “diet Coca Cola” or “Coca-Cola Zero” that:
1. has been produced for sale, and sold by retail in Australia before the end of the Competition Period;
2. has been specially marked, with the Promoter’s authority, to identify it as being included in the Competition; and
3. includes, on the reverse side of the label of the bottle, a unique code that has been determined by the Promoter and affixed to the packaging with its authority (a “Unique Code”).
16. To submit a Unique Code, a Member must:
1. log on as a Member at the Program Website and follow the directions published there, including providing their user name and password and the Unique Code from the Promotion Pack; or
2. use a mobile phone with the Member’s Registered Mobile Phone Number to SMS the Unique Code from the Promotion Pack to 193193 (“SMS Entry Number”). Each Unique Code must be sent in a separate SMS. 17. If a Unique Code is submitted: (
1. at the Program Website, the Eligible Person who submitted that Unique Code must be a Member at the time that the Unique Code is submitted or become a Member in accordance with Condition 9 before submitting that Unique Code; or
2. by SMS, the Eligible Person who submitted that Unique Code must:
1. be Member at the time that Unique Code was received by the Promoter, or
2. become a Member and register their Registered Mobile Phone Number in accordance with Conditions 9, 10 and 11 within 72 hours after the Unique Code was received by the Promoter.
18. If a person who is not a Member submits a Unique Code by SMS:
1. they will NOT be allocated any Tokens for that Unique Code and they will NOT therefore automatically gain entry into the Competition unless and until they comply with the requirements of Condition 17 (b); and
2. as provided for in Condition 19, the Unique Code cannot be submitted again by SMS, or at the Program Website, by that person, or by anyone else.
19. When a Member submits a Unique Code to the Promoter, and that submitted Unique Code is accepted by the Promoter, 10 Tokens will be credited to that Member’s Token account (a “Token Account”).
20. The same Unique Code can only be submitted ONCE. A Member may not submit more than TEN Unique Codes during any period of 7 days starting at the beginning of a Monday and ending at the end of the following Sunday (a “Calendar Week”) of the Competition Period. A Unique Code that is received exactly on the start of a Calendar Week will be allocated to the Calendar Week that is just commencing (and not the Calendar Week that has just ended). 21. Only valid Unique Codes from Promotion Packs will be accepted. Unrecognisable, incomplete, or invalid Unique Codes will not be accepted.
22. Unique Codes cannot be used in any other promotion, unless otherwise specified by the Promoter.
23. In accordance with the Program Terms, the Promoter may send out various communications to the Member, including if the submitted Unique Codes are unrecognised, or the Unique Code has already been received, or if they exceed the weekly limit imposed on the number of Unique Codes that can be submitted. The Member acknowledges that if the Member is disqualified from membership of the Program under the Program Terms, they will automatically be disqualified from this Competition.
24. For each Unique Code submitted by a Member, the Member MUST retain the whole of EVERY original Promotion Pack label that bears the Unique Code submitted, as a Member’s entitlement to any benefits under the Program and to enter this Competition and to win prizes, may be subject to verification at the absolute discretion of the Promoter. In order to establish any such entitlement, the Promoter may ask the Member to hand over to it (at no cost to the Member) any of the original labels that this Condition requires the Member to retain. A Member MUST comply with any such request within 7 days of it being made. A Member’s entitlement to any benefits under the Program and to enter this Competition and to win prizes may be declared void at the absolute discretion of the Promoter, if the Member does not comply with the request within 7 days of it being made or if any original label bearing a Unique Code that is produced to the Promoter for verification, is illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way, or if the label or the Unique Code it may bear, or any part of any of them, fails the Promoter’s verification for any reason.
Instant prizes
25. There will be two (2) instant prizes that will be available to be won on each day of the Competition Period. There will be one hundred and eight four (184) instant prizes in total. The Promoter will use a computer drawing system to randomly determine two (2) times on each day during the Competition Period (the “Winning Times”). The first Member, for the particular day, to have a Unique Code accepted and converted into their Token Account on or after one (1) of the Winning Times for that day, will be the provisional winner of an instant prize. If either instant prize for a particular day is not won, it will be entered into the unclaimed prize draw.
26. Each instant prize is one (1) mobile phone package. Each mobile phone package is valued at $987 and includes: a MOTOROLA FLIPOUT™ with MOTOBLUR™ mobile phone handset valued at $399 (based on the recommended retail price), and a $588 pre-paid Vodafone credit. Total value of the instant win prize pool is $181,608.
27. The Promoter accepts no responsibility for any variation in the value of a prize. If any prize is unavailable, for any reason beyond the reasonable control of the Promoter, the Promoter may offer an alternative prize of equivalent value and specification, subject to any directions from a lottery authority.
28. Each mobile phone will be locked to the Vodafone network. An unlocking fee may apply. Any costs associated with the mobile phone after the pre-paid credit is expired will be the responsibility of the instant winner. Vodafone’s standard service conditions will apply. It is condition of accepting a prize that the instant winner must comply with all of the conditions of use for the prize, and the prize supplier’s requirements.
29. Members will be notified whether or not they are a provisional instant winner according to the method by which they submitted the relevant Unique Code, either via a message on the Program Website, or via a return SMS.
30. All provisional instant winners (or their parent or guardian on their behalf if under 18) may be required to sign a deed of eligibility confirming that they have complied with the Conditions, and return this to the Promoter within the time specified, before the receiving the instant prize. Notwithstanding the foregoing, the Promoter may refuse to award the provisional instant winner, the instant prize, if it reasonably believes that the provisional instant winner has not complied with these Conditions, or the Program Terms.
31. All instant winners will be confirmed by way of a letter sent by the Promoter, either via email, mail or fax. The instant winners will be published on the Program Website commencing on 4/2/11. All Victorian and South Australian instant winners, if any, will be published in The Australian on 4/2/11.
32. Quality control errors will not invalidate an otherwise valid instant prize claim. Unless otherwise due to fraud or ineligibility under these Conditions, if a quality control error occurs, all valid prize claims in excess of the advertised prize pool will be honoured. Instant win notification messages are void if stolen, forged, mutilated or tampered with in any way. There will be a maximum of 184 instant win notification messages sent.
33. Any instant prizes that remain unclaimed or not won by 2/5/11, if any, will be entered into the unclaimed prize draw. The unclaimed prize draw will take place at Handling Matters, 1/3 Green Street, Brookvale NSW 2100 on 3/5/11 at 12.00hrs, subject to any written directions from a lottery authority. Winners, if any, will be notified by mail. All winners will be published online at
www.coca-cola.com.au commencing on 10/5/11. All Victorian and South Australian instant winners, if any, will be published in The Australian on 10/5/11.
General Conditions
34. If for any reason the conduct or operation of the Competition or the Program is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right, subject to any written directions of the lottery authorities, to cancel, terminate, modify or suspend or recommence the Competition.
35. If a Member tampers with, or subverts, the processes relating to participation in the Competition or the Program, or may benefit from such tampering or subversion by any other person, the Promoter reserves the right in its sole discretion to disqualify that Member from the Competition. The Promoter reserves the right to verify the details of the Member, and request identification to establish their identity.
36. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failures, theft or destruction or unauthorized access to, or alteration or non-receipt of Member's communications (including submissions of Unique Codes). The Promoter is not responsible for any problems or technical malfunctions (such as problems with telephone networks or lines, computer systems or software or internet service providers) or any failure of any internet communication or telephone communication to be received by the Promoter (whether as a result of technical problems or traffic congestion on any carrier network, on the internet or at any website). To the full extent permitted by law, the Promoter is not liable for any injury or damage to any Member's (or any other person’s) computer or resulting from or otherwise relating to participation in this Competition (including by downloading materials relating to this Competition).
37. CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
38. Unless otherwise stipulated, rights to receive any prizes are not transferable or exchangeable and cannot be taken as cash.
39. All of the Promoter’s decisions are final and no correspondence will be entered into.
40. The Promoter accepts no responsibility for any tax liability incurred as a result of a Member winning a prize. Members should obtain independent tax and financial advice.
41. No responsibility is accepted for late, lost, or misdirected submission of Unique Codes or instant win notification messages.
42. The Promoter is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilised in this Competition which may occur in the course of the administration of this Competition.
43. Any costs associated with accessing the Program Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
44. To the full extent permitted by law, the Promoter, its related companies and Coca-Cola Amatil (Aust) Pty Ltd ABN 68 076 594 119 and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with the Competition, including (i) any indirect, economic or consequential loss (ii) any loss arising from the negligence of a Relevant Party (iii) any liability for personal injury or death. Nothing in these Conditions is intended to exclude, restrict or modify a person’s rights under the Trade Practices Act 1974.
45. Members who win an instant prize consent to: (i) the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition, the Program, the Promoter and/or 'Coca-Cola', ‘diet Coca Cola, ’Coca-Cola Zero’ beverages; and (ii) the Promoter authorising its related companies and Coca-Cola Amatil (Aust) Pty Ltd (ABN 68 076 594 119) to do anything that they consent to the Promoter doing under this Condition.
46. Members' personal information will be collected by or on behalf of the Promoter to enable it to administer and promote the Competition and the winners of the Competition. The personal information of Members may be provided to others assisting in the conduct of the Competition, including the Competition administrator, suppliers and deliverers, and to authorities that regulate the Competition. Consumers may contact the Promoter via the Program Website or by calling the toll free number 1800 006 552 or by emailing
cokeunleashedinfo@cokeunleashed.com.au to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If a Member does not provide accurate personal information, the Promoter may determine that they are not eligible to win a prize. Visit
www.coca-cola.com.au to view the Promoter’s privacy policy. Members acknowledge that their personal information may be supplied to organisations outside of Australia and they provide their consent for this to occur by participating in the Competition.
47. Authorised by NSW Permit No. LTPS/10/7786, VIC Permit No. 10/2899, ACT Permit No. TP10/3526, SA Permit No. T10/1925.
© 2010 The Coca-Cola Company. ‘Coca-Cola’, ‘diet Coca-Cola’, ‘Coca-Cola Zero’ and the Contour Bottle are trade marks of The Coca-Cola Company.
Supported By
Australian Competitions Club
