http://www.wallis.com.au/sites/default/files/Terms%20and%20Conditions.pdfTerms and Conditions of Entry for the "Win a Trip for 2 to New Zealand" (Promotion)
1. These terms and conditions of entry, including information on how to participate and prize details
(Terms), apply to the Promotion and entry into the Promotion is deemed acceptance of these
Terms.
2. The Promoter is Wallis Cinemas (ABN 65 480 078 185) of 139 Richmond Rd, Richmond, SA 5033
(Promoter).
3. The outlet participating in the Promotion (Participating Outlet) is Wallis Cinemas at Noarlunga,
Mitcham and Mt Barker and Mainline Drive‐In at Gepps Cross.
4. The Promotion will be open from 26 December 2012 until the earlier of:
(a) 11.59pm Australian Central Standard Time (ACST) on 26 January 2013 (Promotion Period); or
(b) the time and date all Entry Cards (as defined in paragraph 6 of these Terms) have been
distributed by the Participating Outlets,
5. Entry in the Promotion is only open to Australian residents:
(a) aged 18 years and over;
excluding:
(a) management, employees, directors and contractors of the Promoter, its related bodies
corporate, the Participating Outlets, and other agencies, firms or companies associated with the
Promotion (including suppliers of prizes);
(b) a spouse, de‐facto spouse, parent, guardian, child or sibling of a person referred to in
paragraph 5(b) of these Terms;
(c) persons who have won a prize or prizes valued either individually or collectively at more than
$5,000 (including GST) in any Promotion run by or on behalf of the Promoter, within the
12 months prior to the commencement of the Promotion Period;
(d) persons who have used or attempted to use any more than one name in order to qualify to win a
promotion run by or on behalf of the Promoter (except in the case of a legal change of name);
and
(e) persons who have breached the terms and conditions of any promotion run by or on behalf of
the Promoter,
(Eligible Entrants). The persons referred to in paragraph 5(c) of these Terms includes natural and
non‐natural relations (in the opinion of the Promoter) and the Promoter is responsible for
determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO BE ELIGIBLE TO ENTER
6. To be eligible to enter, Eligible Entrants must, during the Promotion Period:
a) Purchase any Frozen Coke and Ice Cole M&Ms together
(Qualifying Purchase) to receive a Promotion entry card (Entry Card).
INSTANT WIN PRIZES
7. Eligible Entrants must then scratch their Entry Card to reveal whether or not they have won an
Instant Prize.
8. The Instant Prizes to be won overall are as follows:
i) 300 x Coca‐Cola branded Sunglasses valued at AU$2.85 (inc. GST) RRP;
ii) 250 x Small Frozen Coke on your next Visit to Wallis Cinemas valued at $5.20 (inc GST) RRP
iii) 200 x Wallis Movie Passes valued at $17.50 (inc GST) RRP; and
iv) 250 x M &M branded iPhone Covers (fits 4 and 4S iPhones) valued at AU$6.95 (inc. GST) RRP.
9. Instant Prize winners must claim their Instant Prize from the Participating Outlet where they made
their Qualifying Purchase. The Instant Prize must be claimed and collected by the Participating
Outlet’s close of business on 26 January 2013, otherwise the Instant Prize winner forfeits their
right to the prize.
10. Instant Prize winners who also wish to enter the Prize Draw must remove the Scratch Panel section
from the Entry Card by tearing along the perforated line. The Scratch Panel section of the Entry
Card containing the Instant Prize notification must be submitted to the participating outlet before
the Instant Prize can be claimed.
HOW TO ENTER PRIZE DRAW
11. To enter the Draw at a Participating Outlet, Eligible Entrants who complete a Qualifying Purchase
must complete their Entry Card (providing all details required, including their full name, address
and day time phone number) and place it in the entry box provided at the Participating Outlet at
which they made their Qualifying Purchase, (an Eligible Entry).
DRAW AND MAJOR PRIZE
12. A manual random prize draw will be conducted at Wallis Cinemas, 139 Richmond Road, Richmond,
SA 5033 on 1st February 2013 from all Eligible Entries received during the Promotion (Draw).
13. The first Eligible Entrant with a valid Eligible Entry drawn in each Participating Outlet Draw will win:
(i) Flights from Australia to Auckland; and
(ii) 5 nights accommodation
(Major Prize).
14. The total value of the prize pool is $2,500 (inc. GST).
15. The Major Prize winners will be notified by telephone and email. The Major Prize winners must
collect their prize from Wallis Cinemas. If the winner requires the Prize to be sent to them, the
winner will be responsible for any ancillary costs associated with organising postage of the Prize to
the winner’s selected postal address.
16. If a Major Prize remains unclaimed by 25 March 2013, a random manual re‐draw will be conducted
on that date at the same time and location as the original Draw from all remaining Eligible Entries
received at that Participating Outlets during the Promotion Period. The unclaimed prize Draw
winners, if any, will be notified by telephone and email. Any unclaimed instant win prizes will be
distributed to patrons within the Participating Venue at the absolute discretion of the Participating
Venue staff (Staff).
VERIFICATION
17. Eligible Entrants must retain the original purchase receipt from their Qualifying Purchase (Proof of
Purchase) which corresponds to all entries they submit in the Promotion in order to claim a prize
(if won).
18. If requested by the Staff, the Prize winners must produce, within the time requested by the Staff at
their absolute discretion:
(i) appropriate photo identification or other documentation, required by the Staff to
verify their identity, age, eligibility to enter the Promotion and claim a prize and
compliance with these Terms; and
(ii) their Proof of Purchase that corresponds to all entries they have submitted in the
Promotion,
before the Staff issue their prize. If the items required by the Staff are not received or an entry has
not been verified to the satisfaction of the Staff within the time period required by the Staff, the
Prize winner's entry will be invalid and, at the Staff's absolute discretion, all of the Prize winner's
remaining entries will be invalid. Prizes will only be awarded following all validation and
verification requirements of the Staff being met to its satisfaction.
19. The Staff reserve the right, at any time, to verify the validity of entries and Eligible Entrants
(including an Eligible Entrant’s identity, age and place of residence) and to disqualify any Eligible
Entrant who submits an entry that is not in accordance with these Terms or who tampers with the
entry process. Errors and omissions may be accepted at the Staff's discretion. Failure by the Staff
to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. If more than one person attempts to claim a particular prize, the Staff have sole and absolute
discretion to determine which of those persons is the winning Eligible Entrant.
GENERAL
21. Each Qualifying Purchase counts towards one entry only.
22. Eligible Entrants may enter the Promotion a maximum of two (2) times each day. Each Eligible
Entry must be:
(i) based on a separate Qualifying Purchase; and
(ii) submitted separately in accordance with these Terms.
23. All costs associated or arising in connection with the prizes are the responsibility of the winners. In
particular, any costs associated with collecting a prize from a Participating Venue are not included
as part of the prize and are the responsibility of each prize winner.
24. Eligible Entrants can only enter the Promotion in their own name.
25. In order to claim a prize, each prize winner is required to sign a Promotion Participation Agreement
on terms determined by the Promoter, including:
(i) confirming their eligibility to enter the Promotion and compliance with these
Terms; and
(ii) providing a release and indemnity in favour of the Promoter in respect of their
participation in the Promotion and acceptance and use of their prize.
26. Prizes are not transferable, exchangeable or redeemable for cash. Prizes must be taken as offered
and may not be varied.
27. Instant Prize winning Entry Cards are void if stolen, forged, mutilated or tampered with in any way.
28. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an
element of the prize) by the time stipulated by the Promoter, then the prize (or that element of
the prize) will be forfeited.
29. The Promoter accepts no responsibility for any variation in the value of the prizes.
30. If the Promoter is unable to provide a winner with a nominated prize, the Promoter reserves the
right to supply an alternative prize of similar monetary value to the nominated prize, subject to any
directions given by the Office of the Liquor and Gambling Commissioner, South Australia.
31. The Promoter accepts no responsibility for any entries not received for any reason during the
Promotion Period. No responsibility will be taken for lost, late or misdirected entries. The
Promoter does not warrant that the Participating Outlets will be open, at all times during the
Promotion Period.
32. If, for any reason, the Promotion is not capable of being run as planned, including due to
tampering, unauthorised intervention, fraud or any other causes beyond the control of the
Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct
of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that
may be available to it permitted by law, subject to State regulations, including: (i) disqualifying any
Eligible Entrant; and (ii) subject to any written directions from a regulatory authority, cancelling,
terminating, modifying or suspending the Promotion.
33. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry
mechanism or a Draw in any way, engages in any unlawful or improper conduct which jeopardises
or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly
comply with the entry process, will be ineligible to win.
34. Incomplete, illegible or indecipherable entries are not eligible to win.
35. The Promoter reserves the right to disqualify entries in the event of non‐compliance with these
Terms. The Promoter's decisions in relation to all aspects of the Promotion are final and binding on
each Eligible Entrant and no correspondence will be entered into.
36. The Promoter collects (and the Participating Outlets collects on the Promoter's behalf) personal
information about Eligible Entrants to include Eligible Entrants in the Promotion and where
appropriate award the prizes. If the personal information requested is not provided, the Eligible
Entrant cannot participate in the Promotion. By participating in the Promotion, each Eligible
Entrant consents to the Participating Outlets disclosing their personal information to the Promoter
and the Promoter and the Participating Outlets using, and disclosing their personal information to
the Promoter's related entities, the Promoter's or the Participating Outlets' agencies and other
third parties engaged to provide services in connection with the Promotion (including suppliers of
prizes) for use for, the following purposes:
(i) contacting the Eligible Entrant in relation to the Promotion;
(ii) improving the Promoter's, the Promoter's related entities' or the Participating
Outlets' goods and services; and
(iii) in the Promoter's and its agencies case, the purposes set out in the Promoter's
privacy policy (available by writing to the Promoter at the address set out in
paragraph 2 of these Terms).
The Promoter may also disclose Eligible Entrants’ personal information provided to Australian
regulatory authorities, if requested. The Eligible Entrant provides this consent until such a time as
they withdraw their consent by giving notice to the Promoter. Eligible Entrants can gain access to,
update or correct any personal information held by the Promoter by contacting the Promoter at
the address set out in paragraph 2 of these Terms. Eligible Entrants can also gain access to, update
or correct any personal information held by the Participating Outlets by contacting the
Participating Outlets at the address available on the website address listed in paragraph 3. All
personal information will be stored at the office of the Promoter and/or the Participating Outlets
as the case may be.
37. By entering the Promotion, Eligible Entrants agree and acknowledge:
(a) that the Promoter (or an agent of the Promoter) and/or, with the Promoter's consent
(including consent subject to any conditions), the Participating Outlets (or an agent of tthe
Participating Outlets), may:
(i) obtain comments from them about the Promotion and take photos or recordings
of them (and contacting them for those purposes);
(ii) use any of the comments, photos or recordings obtained from them, their name,
and/or likeness (the Materials) for the Promoter's and/or, with the Promoter's
consent (including consent subject to any conditions), the Participating Outlets',
future promotional and marketing purposes without further reference or
compensation to them;
(iii) may duplicate, alter, adapt and utilise the Materials in any manner at any time,
anywhere, and by any means (including communicating them to the public in any
media, including media not yet in existence); and
(iv) may license, authorise or otherwise transfer the rights in the Materials to others
to do the things outlined in paragraph 37(a)(iii) of these Terms;
(b) on creation of the Materials, they:
(i) grant to the Promoter a royalty free, perpetual, non‐exclusive and irrevocable
licence to use the Materials for whatever purpose the Promoter determines; and
(ii) where the Promoter consents, they grant to the Participating Outlets a royalty
free, perpetual, non‐exclusive and irrevocable licence to use the Materials for
whatever purpose the Promoter consents to;
(c) they unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral
rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and
present and future rights of a similar nature conferred by statute anywhere in
the world whether occurring before or after this consent is given (Moral Rights);
and
(ii) waive all Moral Rights in the Materials that arise outside Australia; and
(d) they agree not to institute, maintain or support any claim or proceeding for infringement
of their Moral Rights in the Materials.
38. Eligible Entrants may, at the time of entering the Promotion, consent to receive commercial
electronic messages and CCA Marketing Communications (as defined in this clause) from the
Promoter by ticking the box next to the following message: "I would like to sign up to receive
information on special offers, exclusive competitions, new products and more from the Coca‐Cola
Amatil group of companies and its related entities" (Express Consent). Where an Eligible Entrant
provides Express Consent, the Promoter will use the information provided by the Eligible Entrant
on the Entry Card(black R to send the Eligible Entrant further communications in relation to special
offers, exclusive competitions, news and event information in relation to the Promoter's product
range. Eligible Entrants who do not provide Express Consent will not receive CCA Marketing
Communications. Eligible Entrants may unsubscribe from the CCA Marketing Communications at
anytime. For the avoidance of doubt, an Eligible Entrant does not have to provide Express Consent
in order to enter the Promotion.
39. The:
(a) Promoter, the Promoter's related entities, the Participating Outlets, and all agencies
associated with the Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph
39(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal
injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred,
suffered or sustained by any person or entity (without limitation) in connection with, or arising
from, the Promotion or the acceptance or use of, or participation in, the prizes, except that which
cannot be excluded by law (in which case that liability is limited to the maximum extent allowable
by law).
40. Nothing in these Terms 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.
41. 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:
(i) any technical difficulties or equipment malfunction (whether or not under the
Promoter’s control);
(ii) any theft, unauthorised access or third party interference;
(iii) 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;
(iv) any variation in prize value to that stated in these Terms;
(v) any tax liability incurred by a winner or Eligible Entrant; or
(vi) use of a prize.
42. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or
receiving the benefit of a prize.
43. iPhone’ is a trademark of Apple Inc. Apple Inc. is not a participant in or sponsor of this promotion.
SA Permit No. T12/....
Australian Competitions Club
