http://www.sanpellegrino.com/au/en/main/comp/default.aspxTo enter:
(a) purchase one (1) specially marked six (6) pack of S. Pellegrino (500mL PET bottles), one (1) specially marked twenty-four (24) pack of S. Pellegrino (500mL PET bottles), or one single (1) specially marked 500mL PET bottle of S. Pellegrino from any outlet which stocks the product within Australia; and
(b) send an SMS to 0488345345 containing their first name, last name and residential postcode, in that order with a space between each item, which must be received by the Promoter no later than the conclusion of the Promotional Period.
S. PELLEGRINO WIN A FIAT" PROMOTION TERMS AND CONDITIONS
1. Information on how to enter and the Prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Promotion Dates
3. Promotion commences on 1 December 2012 and ends at 5pm AEDST on 31 March 2013 ("Promotional Period").
Eligibility
4. Entry is only open to Australian residents.
5. Entrants under 18 years old must have parental/guardian approval to enter 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.
6. Employees (and their immediate families) of the Promoter, retail outlets at which S. Pellegrino is available for purchase, 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.
How to enter
7. To enter, a person must complete the following steps no earlier than the commencement of the Promotional Period and no later than the conclusion of the Promotional Period:
(a) purchase one (1) specially marked six (6) pack of S. Pellegrino (500mL PET bottles), one (1) specially marked twenty-four (24) pack of S. Pellegrino (500mL PET bottles), or one single (1) specially marked 500mL PET bottle of S. Pellegrino from any outlet which stocks the product within Australia; and
(b) send an SMS to 0488345345 containing their first name, last name and residential postcode, in that order with a space between each item, which must be received by the Promoter no later than the conclusion of the Promotional Period.
8. 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. SMS entry cost will vary depending on the mobile network used, but will not exceed 55c. Entrants under 18 years old must obtain telephone accountholder's consent.
10. Multiple entries permitted, subject to the following: (a) only one entry permitted per specially marked six (6) pack of S. Pellegrino (500mL PET bottles) purchased in accordance with clause 7; (b) only one entry permitted per specially marked twenty-four (24) pack of S. Pellegrino (500mL PET bottles) purchased in accordance with clause 7; (c) only one entry permitted per single specially marked 500mL PET bottle of S. Pellegrino purchased in accordance with clause 7; and (d) each entry must be submitted separately and in accordance with entry requirements.
11. For the sake of clarity, if an entrant purchases a specially marked six (6) pack of S. Pellegrino (500mL PET bottles) or a specially marked twenty-four (24) pack of S. Pellegrino (500mL PET bottles), he/she will only be permitted to enter once for that pack purchased, rather than once for every bottle contained within that pack.
Invalid entries
12. All invalid entries will be rejected and do not go into the draw to win the Prize.
13. SMS entries sent via the Internet are invalid.
14. Any entry that is submitted contrary to these Terms and Conditions is invalid.
15. 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).
16. The Promoter may disqualify any entrant who, in its reasonable opinion, 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.
17. Any incomplete or indecipherable entry is invalid. Errors and omissions may be accepted at the Promoter's discretion.
18. 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.
19. 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.
The draw and announcement of winners
20. The draw will take place at Anisimoff Legal, Level 5, 492 St Kilda Road, Victoria 3004 on 2 April 2013 at 2pm AEST.
21. The first valid entry drawn will win the Prize.
22. The Promoter may draw additional reserve entries and record them in case an invalid entry or ineligible entrant is drawn.
23. The winner will be notified by telephone and SMS and their name will be published in The Australian newspaper on 4 April 2013.
24. The Promoter's decision is final and no correspondence will be entered into.
The Prize
25. The Prize is a 2012 Fiat 500C 0.9L TwinAir Lounge Convertible with manual transmission, in the colour white with red soft top.
26. Total value of the Prize is up to AU$29,892 including registration, compulsory third party insurance, stamp duty and dealer delivery charges (the value of which may vary State by State).
27. Additional insurance, options, petrol and all other ancillary costs (including travel to and from the nominated Fiat dealership to collect the Prize) are the responsibility of the winner.
28. Should a vehicle that is coloured white with a red soft top not be available for whatsoever reason at the time of collection, the Promoter will procure Chrysler Australia Pty Ltd ABN 23 125 956 505 to provide the winner with their preferred car colour, but colours cannot be guaranteed and are subject to availability.
29. In addition to clause 28, if the Prize (or part of the Prize) is unavailable at the time of collection, 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.
Collection and forfeiture of the Prize
30. The winner of the Prize will be contacted by SMS and phone, and, in order to do that, the Promoter will record the telephone number of each entrant.
31. The winner must collect the Prize from their nearest nominated Fiat dealership no later than 3 July 2013.
32. Entrants must retain their original 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 the Prize. Purchase receipt(s) must clearly specify the outlet of purchase and that the purchase was made during the Promotional Period but prior to entry.
33. The Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
34. If the winner of the Prize is under the age of 18 years, the Prize will be awarded to the winner's nominated parent or guardians on the winner's behalf.
35. If the winner is, through any legal incapacity or any other reason, unable to register the Prize in their own name, then the winner may assign the Prize 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 winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the Prize is awarded.
36. As a condition of entering the competition and of accepting the Prize, the winner (or his/her parent/guardian, if under the age of 18) 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.
37. If for any reason the winner does not collect the Prize in accordance with clause 31:
(a) they will forfeit their right to the Prize;
(b) a further draw for the Prize will take place on 4 July 2013 at the same time and place as the original draw, subject to any directions from a regulatory authority,
in which case the winner will be notified by phone and SMS and their name will be published in The Australian newspaper on 9 July 2013.
38. If for any reason the unclaimed Prize draw winner (if any) does not take the Prize by the time stipulated by the Promoter, then the Prize will be forfeited.
Promotion and privacy
39. The Promoter collects personal information from each entrant 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 (including Fiat Chrysler) and, as required, to Australian regulatory authorities.
40. Entry into the promotion is conditional on providing this information.
41. The Promoter and Fiat Chrysler 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.
42. Entrants should direct any request to opt out, access, update or correct information to The Brand Manager (available through contacting the Promoter via details in clause 48). The Promoter's privacy policy is available from
www.sanpellegrino.com. All entries become the property of the Promoter.
43. Without limiting clause 42, 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) (Winner Data) 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.
44. Entrants consent to the Promoter disclosing any personal information and any Winner Data to Fiat Chrysler for the purpose of Fiat Chrysler using that information and data for the same purposes set out in clauses 39, 41 and 43.
Cancellation of Promotion
45. 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.
Limitation of Liability
46. 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 States and Territories of Australia ("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.
47. 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; or (f) use of the Prize.
The Promoter
48. The Promoter is Sanpellegrino Spa (ABN 23 088 820 446) of Unit 7, 1-3 Compark Circuit, Mulgrave, Victoria, 3170, telephone (03) 9560 4011. NSW Permit No. LTPS/12/5527 VIC Permit No. 12/1635 ACT Permit No. TP12/2480 SA Permit No. T12/1261
Australian Competitions Club
