http://schweppesaustralia.com.au/Promotions/Palace-Cinemas-Vespa-Promotion.aspxName of Promotion
Palace Cinemas Vespa promotion
Permit numbers
NSW: LTPS/12/09080
ACT: TP 12/04090
Vic: 12/2856
Website
NA
Promoter
Schweppes Australia Pty Ltd
ABN 51 004 243 994
L5 111 Cecil Street
South Melbourne Victoria 3205
HELPLINE: 1800 244 054
Entrants
Entry to the Promotion is open to Australian residents in the Relevant States/Territories, aged 14 years + and who fulfill the entry requirements.
Relevant States/Territories
NSW/ACT/Vic/Qld
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: 9:00am 1/12/2012;
Ends: 23:59pm 28/02/2013
Entry Mechanic
To enter, consumers must purchase any ONE Pepsi/Schweppes distributed drink (either bottled product or poured at the bar, including carbonated soft drinks and still water) product (Product) from a participating Palace Cinema bar in NSW, ACT, Victoria or Queensland during the Promotion Period to receive a card with a unique code on it, then either:
· send an SMS from their mobile phone to 1999 6455 (max SMS cost 55c inc GST) giving the unique code on the card and details in one message in the following format: UNIQUECODE[SPACE]FIRSTNAME[SPACE]LASTNAME[SPACE]POSTCODE
Computer generated entries will not be accepted. SMS Helpline: 1800 818 957
OR
· complete the entry form found at the participating Palace Cinema snack bar (including unique card number) and place in the entry barrel located at the counter of the participating Palace Cinema snack bar
Entries will be categorised into the following groups (each a Group) according to the entrant’s location of entry: NSW/ACT; Vic; Qld.
The first valid entry randomly drawn from each Group will win a prize.
Maximum Number of Entries
Multiple entries allowed. Maximum one entry per transaction. Maximum three (3) entries per day.
Entrants must enter under their own name.
Entrants must retain ALL card(s) with unique code(s) for ALL entries. If not, all entries by the entrant may be declared invalid by the Promoter. Failure to provide these to the Promoter upon request may result in an invalid entry (and, at the Promoter’s discretion, in all of the entrant’s entries being invalid).
SMS Service Provider
Prime Focus
SMS Service Provider’s Helpline
1800 818 957
Draw Details
Time: 12:00pm noon
Date: 21/03/2013
Location: Prime Focus, Suite 403/62 Beach Street Port Melbourne 3207
Prize Details
Each prize is a Vespa 125IE (colour as specified by the Promoter), including one year’s registration, one year’s compulsory third party insurance, dealer delivery and statutory charges. Each prize is valued at up to $5,999 (inc GST), depending upon the winner’s location of entry.
The prize does not include comprehensive insurance or any other accessories not specified. If the winner of a prize is under the age of 18 years as at the closing date of the Promotion, the prize will be awarded to the winner’s parent or guardian on behalf of the winner. 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 of the dealer 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 vehicle, the Deemed Winner must be capable of obtaining registration of the vehicle in his or her name in accordance with the applicable legislation in the State or 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, notwithstanding any condition set out in these conditions of entry to the contrary, assign the vehicle to another person with legal capacity for the purpose of registering the vehicle.
The winner is responsible for ensuring that they are familiar with and comply with all applicable laws, regulations and rules which apply to ownership and use of the prize.
The winner of a prize is required to sign an indemnity and waiver of liability in a form approved by the Promoter in favour of the Promoter and all involved parties prior to accepting their prize. The winner must sign the indemnity and waiver form prior to collecting their prize; failure to sign will invalidate a winning entry. The Promoter strongly recommends the winner always wears appropriate protective clothing including a helmet at all times when using the prize.
Prize Delivery
Promoter will contact winners to arrange prize delivery
Total Number of Prizes
Three (3) prizes; one (1) prize per Group only;
Groups:
NSW/ACT: one (1) prize;
Vic: one (1) prize;
Qld: one (1) prize
Total Prize Pool
Up to $17,997 (GST inclusive); $5,999 per prize.
Date at which Prize Value Valid
17 September 2012
Notification of Winner(s) (including Unclaimed Prize Winner(s))
Promoter will contact the winners by phone and in writing.
Publication Details (of Winner(s))
Published on Website after 21/03/2013 and in The Australian on 28/03/2013
Prize Claim Date and Time
Prize winners will be notified by phone (and in writing).
Unclaimed Prize Draw Details
Time: 10:00am AEDST
Date: 6/06/2013
Location: Prime Focus, Suite 403/62 Beach Street Port Melbourne 3207
Full T&Cs
www.palacecinemas.com.auNotification of Unclaimed Prize Draw Winner(s)Full T&Cs
Promoter will contact winners by phone and in writing
Publication Details (of Unclaimed Prize Draw Winner(s))
Published on website after 6/06/2013 and (major prize) in The Australian on 13/06/2013
Trade Promo
1 These terms must be read together with the Schedule for this Promotion. The Schedule defines terminology used in these Terms of Entry. Participation in this Promotion constitutes acceptance of these Terms of Entry. Where there is 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.
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.
7 The draw/s will be conducted in accordance with the Draw Details. Prize/s will be awarded to the valid entrant/s randomly drawn in accordance with the Prize Mechanic.
8 The judges' decisions are final and no correspondence will be entered into.
9 Prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
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 she/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.
11 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.
12 Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, invalid, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
13 Where a prize includes travel, the prize cannot be taken during peak periods and must be booked and completed as specified by the Promoter. If the prize is event based, 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, as specified by the Promoter.) No extension will be permitted. Any alterations to confirmed prize details will be at the expense of the winner and will only be permitted with the Promoter's prior consent.Any flights and accommodation awarded as part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes (excluding flight related taxes), insurance, spending money and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required), 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.)
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 with appropriate authorities, including through
www.dfat.gov.au.
14 The Promoter is not responsible for any cancellation, delay or rescheduling of flights, and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
15 The prize will be awarded to the valid entrant.
16 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.
18 If the prize includes vouchers, all vouchers are valid until the voucher expiry date 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.
19 Where a prize includes tickets, 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.
20 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.
21 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/.
22 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.
23 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.
24 The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this Promotion, each entrant requests that his or her full address not be published.
25 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. 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. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Promoter’s discretion.
26 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).
27 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 physical, health and fitness, and any other requirements 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 included in the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) as 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.
28 Where requested by the Promoter, any entrant or winner (and their companion/s, if applicable) 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 (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.
29 Prizes and participation in this Promotion are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
30 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).
31 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.
32 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.
33 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.
34 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.
35 Prize is not transferable or exchangeable (except as set out in these Conditions of Entry), nor can they 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 in lieu of 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, subject to the approval of the relevant authorities in the Relevant State/s, if required.
36 The Prize will be provided by the Promoter to the winner as stated in the Prize Delivery section of the Schedule.
37 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, subject to the approval of the relevant authorities in each Relevant State/Territory, if required.
38 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.
39 All entries will be the property of the Promoter. 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 companies associated with this Promotion, and the Promoter and its related bodies corporate, and the companies associated with this Promotion, 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 Consumer Services on 1800 244 054.
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