“Energizer V8 Supercars” PROMOTION
https://www.facebook.com/energizeraustralia/app_287192474713826TERMS AND CONDITIONS
Information on how to enter and the prize forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, Dick Smith retail outlets 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.
Promotion commences on 15/10/2012 and entries close at 9.00am AEDST on 20/11/2012 (“Promotional Period”). All times and dates referenced throughout these Terms and Conditions will be Sydney local time, which will be either AEST or AEDST.
To be eligible to enter, individuals must during the Promotional Period, purchase any Energizer product from either: (a) a Dick Smith retail store in Australia or (b) at the Energizer stand at the Bathurst V8 Supercar Event 2012 or Gold Coast V8 Supercar event in 2012.
To enter, the individual must either: (a) complete the official entry form, including full name, gender, email address, postal address, date of birth and phone number and mail to: Energizer V8 Supercars Promotion, PO Box 461, Milsons Point NSW 1565 so that it is received during the Promotional Period; or (b) enter through the promotion application found on the Energizer Australia Facebook page on Facebook (
www.facebook.com/energizeraustralia) (“Facebook Page”). Individuals must agree to allow the promotion application. Individuals must then use the promotion application to input the requested details including their full name, gender, postcode, date of birth, email address, and phone number and then click the “submit” button during the Promotional Period.
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. 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.
Incomplete or indecipherable entries will be deemed invalid.
Multiple entries permitted, subject to the following: (a) only one entry permitted per specified purchase requirement; and (b) each entry must be submitted separately and in accordance with entry requirements.
Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry
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.
The draw will take place at Popcorn Experiential, 80 McDougal Street, Kirribilli NSW 2061 at 2.00pm AEDST on 16/11/2012. The winners will be notified in writing by email and phone within two (2) business days of the draw. The winner of the major prize will be published in The Australian on 20/11/2012. The Promoter’s decision is final and no correspondence will be entered into.
The first valid entry drawn will win the major prize of a trip for three (3) adults to attend the Sydney V8 Supercar event in Sydney on 30/11/12 to 2/12/12 valued at up to AU$4,000, depending on point of departure. Prize includes 3 x 3 day passes to Sydney V8 Supercar event, three (3) nights minimum four (4) star twin share accommodation, return economy airfares for three (3) to Sydney from the winner’s nearest capital city (if required), transfers between hotel and the event, and $300 spending money. Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, additional transfers (if applicable), passports, visas, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with event and is subject to booking and flight availability. The winner and their companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Itinerary of the prize to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
The next 5 valid entries drawn will win the minor prize of a Nintendo Wii console and games valued at AU$200 each.
If for any reason the winner does not, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
If the prize (or part of the 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.
Total prize pool value is up to AU$5,000. Prizes, or any unused portion of any prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for any unclaimed major prize may take place on 21/11/12 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners, if any, will be notified in writing by email within two (2) business days of the draw. The winner of the major prize in the unclaimed prize draw, if from Australia, will be published in The Australian on 26/11/12.
A draw for any unclaimed minor prize may take place on 18/02/13 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners, if any, will be notified in writing by email within two (2) business days of the draw.
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.
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.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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. 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.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is 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 Promoter’s control); (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) if the prize (or any element of the prize) is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize.
As a condition of accepting the prize, the winner (and their companion where applicable) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
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.
Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
The Promoter is Energizer Australia Pty Ltd (ABN 91 003 539 026), of 1 Figtree Drive, Olympic Park NSW 2127. Telephone (02) 9763 6111.
NSW Permit No. LTPS/12/8030 ACT Permit No. TP12/3654
