WIN A 4WD PLUS INSTANTLY WIN BEATS BY DR DRE HEADPHONES EVERY DAY PROMOTION
“BREAKA - WIN A 4WD PLUS INSTANTLY WIN BEATS BY DR DRE HEADPHONES EVERY DAY” PROMOTION
HOW TO ENTER
i.To be eligible to enter, individuals
must purchase any specially marked Breaka product from a participating store in Queensland or New South Wales between 03/12/2012 and close of business on 24/02/2013.ii.
To enter, individuals must then send an SMS to 1997 7666 containing the last 5 digits of the specified product barcode, their full name and postcode (in that order, with a space between each item and no spaces between the numbers and no commas) so that it is received by 11:59pm (Queensland time) on 24/02/2013. Each entrant will be notified instantly by return SMS whether or not they are an instant prize winner.iii.Premium SMS cost is 55c per message. Entrants must have premium service access. SMS entrants under 18 years old must obtain account holder’s consent. SMS helpline: 1800 676 961.
iv.All valid entries received from winners and non-winners of an instant prize will be automatically placed in the major prize draw.
TERMS & CONDITIONS
1.Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions, including the ‘How to Enter’ section.
2.
Entry is only open to residents of Queensland and New South Wales. Entrants under 18 years old must have parental/guardian approval to enter and the relevant account holder’s consent to submit an entry via SMS, and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3.Employees (and their immediate families) of the Promoter, participating stores 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.
4.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 including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs. 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.
5.Incomplete or indecipherable entries will be deemed invalid.
6.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per specially marked Breaka product purchased from a participating store during the promotional period; (b) each entry must be submitted separately and in accordance with entry requirements; (c) unrecognised barcodes will be deemed invalid; and (d) only three (3) entries permitted per person per day.
7.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.
8.Each entry into the promotion made by an entrant will be charged at the premium SMS rate of 55c. Entrants must have premium service access. Entrants under 18 years old must obtain account holder’s consent. SMS helpline: 1800 676 961. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
9.Promotion commences on 03/12/2012 and ends for purchases in-store at close of business on 24/02/2013. SMS entries close at 11:59pm (Queensland time) on 24/02/2013. The major prize draw will take place at Level 22, 385 Bourke Street, Melbourne VIC 3000 on 25/02/2013 at 3pm (AEDST time). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
10.Instant prize winners will be notified immediately and in writing via return SMS and the major prize draw winner will be notified in writing. Winners may also be contacted by SMS and/or telephone in order for the Promoter to record their address details, so that the prizes may be awarded. All winners will have their names published at
www.breaka.com on 07/03/2013.
11.The Promoter’s decision is final and no correspondence will be entered into.
12.
There will be one (1) instant win prize to be won for each day of the promotional period (i.e. from 03/12/2012 to 24/02/2013), with a total of eighty four (84) instant win prizes available overall. Each instant win prize consists of the Beats by Dr Dre Over-Ear Studio Powered Isolation Headphones (Black) valued at $399 RRP (including GST). Total prize pool value of all instant win prizes to be awarded is AU$33,516.13.
The first valid entry drawn in the major prize draw will win a 2013 Suzuki Jimny Sierra JLX with manual transmission and breeze blue metallic paint. Total prize value is up to AU$23,900 including GST, registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State). Additional insurance, options, petrol and all other ancillary costs are the responsibility of the prize draw winner. The prize draw winner (or a representative of the prize draw winner) must collect the prize within three (3) months from the draw date at the winner’s nearest authorised Suzuki Queensland dealership (if they reside in Queensland) or from either of the following Suzuki dealerships if they reside in New South Wales: Tweed Heads, Lismore or Ballina. Once the major prize has been collected by the winner (or their representative as applicable) from the authorised Suzuki dealership (i.e. once car keys are provided to the winner or their representative), the prize becomes the winner's responsibility.
14.If the prize draw winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the prize draw winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the prize draw winner and the assignee. The prize draw winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the prize draw winner (or the prize draw winner’s parent/legal guardian if the prize draw winner is under the age of 18 years) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
15.If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
16.Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize, or an element of a prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
17.If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
18.Total prize pool value is up to AU$57,416.19.Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
20.A draw for any unclaimed prizes may take place on 30/05/2013 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner(s), if any, will be notified in writing and may also be contacted by SMS and/or telephone. Winner(s), if any, will have their name(s) published at
www.breaka.com on 13/06/2013.
21.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.
22.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.
23.The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
24.Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw.
25.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 NSW and QLD (“Non-Excludable Guarantees”). 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.
26.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) any tax liability incurred by a winner or entrant; (f) collection of the major prize; or (g) use of any prize.
27.As a condition of accepting the major prize, the prize draw winner (or the prize draw winner’s parent or legal guardian if the prize draw winner is under the age of 18 years) must sign 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.
28.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. All entries become the property of the Promoter. Please refer to the Parmalat Australia privacy policy that is available at parmalat.com.au for more information. Entrants should direct any request to opt out, access, update or correct information to the Promoter.
29.The Promoter is Parmalat Australia Pty Ltd (ABN 56 072 928 879) of Level 5, 35 Boundary Street, South Brisbane, QLD 4101, telephone (07) 3840-0100.
NSW Permit No. LTPS/12/7739
Australian Competitions Club
