How would you like to WIN 1 of 5 Sony Digital Entertainment packs this Christmas? Each prize pack includes a Sony HD-LCD 32-inch Telelvision, a Blu-Ray DVD Player, a T-Seires Digital Camera and Case, a Sony eBook reader and case and a $100 Zarraffa's Coffee Gift Voucher! Throw in a few days on the couch and that's what we call a perfect Christmas present. Simply spend $10 or more in any store to WIN!
http://www.zarraffas.com.au/christmas/entry-formZARRAFFA’S COFFEE – TRADE PROMOTION
TERMS AND CONDITIONS OF ENTRY
GENERAL
1) These Terms and Conditions of Entry (Terms) incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms. Entry into this Promotion constitutes acceptance of the Terms and the Schedule.
2) Any capitalised word and/or terms used in these Terms have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these Terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
3) This Promotion is run by the Promoter, an authorised franchisee of Zarraffa’s.
4) The Applicable Permit Number(s) have been obtained by the Promoter to operate this Promotion in the Relevant State(s).
5) The Promotion will be conducted during the Promotion Period.
PROMOTION ENTRY
6) To enter the Promotion, each entrant who makes an Eligible Purchase must complete the Entry Procedure during the Promotion Period.
7) Entries not completed in accordance with these Terms are ineligible.
ELIGIBILITY
This Promotion is only open to Eligible Persons in the Relevant State(s) that complete an Eligible Purchase at the Promoter Store Location during the Promotional Period (Eligible Entry).
9) If the word ‘YES’ appears alongside Multiple Entries Allowed in the Schedule, then an Eligible Person may submit multiple Eligible Entries in this Promotion. Each and every Eligible Entry is subject to the Entry Procedure. Where the word ‘NO’ or the item is blank alongside Multiple Entries Allowed in the Schedule, then multiple entries are not permitted in this Promotion. Where multiple entries aren’t accepted, any subsequent, additional or further Eligible Entry submitted by the same Eligible Person will not be accepted by the Promoter and shall be deemed invalid - only the first Eligible Entry received by the Promoter will be entered into the Promotion.
10) Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
11) Once an entry, including an Eligible Entry, is submitted, the entrant cannot alter, delete or modify their entry.
12) Employees and their Immediate Families of the Promoter and Zarraffa’s are ineligible to enter this promotion. For the purposes of this clause “Immediate families” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
13) Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter will not assess each entry, however, winning entries may be scrutinised at the discretion of the Promoter and/or Zarraffa’s.
14) All entries become the property of the Promoter upon submission and will not be returned to entrants. No responsibility is accepted for late, lost or misdirected entries and the Promoter reserves the right to deem incomplete, indecipherable or illegible entries invalid.
15) Entries must be received by the Promoter during the Promotion Period. Email and electronic entries, if allowed under the Entry Procedure, are deemed to have been received at the time of receipt into the Promoter's and/or Zarraffa’s database and not at the time of transmission by the entrant.
16) If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
17) If for any reason, the Promoter becomes aware after an entrant has won the Promotion Prize that the entrant has not complied with these Terms or that their entry is otherwise invalid, that entrant will have no entitlement to the Promotion Prize, even if the Promoter has announced them as a Promotion Winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Promotion Prize.
18) Failure by the Promoter and/or Zarraffa’s to enforce any of its rights at any stage does not constitute a waiver of those rights.
Minors
19) If minors are eligible to enter this Promotion as noted under the Eligible Persons in the Schedule, then minors may only enter this Promotion if they have obtained their parent or guardian’s consent to enter this Promotion and who’s parent or guardian agrees to be bound by and provide such consents and indemnities as noted in these Terms on their and their minors’ behalf.
20) If a Promotion Winner is a person under 18 years of age, the Promotion Prize shall be awarded to their parent or guardian.
Promotion Prizes
21) The prize(s) in this Promotion are specified in the Prize Details (Promotion Prize). The prize(s) are subject to any restrictions specified in the Schedule.
22) The total prize pool for this Promotion is specified in the Schedule.
PROMOTION DRAW
23) The prize draw(s) (if applicable) will be conducted in accordance with the Draw Details. The Promotion Prize on offer in this Promotion will be awarded to the Eligible Entry or Eligible Entries (as applicable), randomly drawn in accordance with the Method of Draw. Where the Method of Draw is noted in the Schedule as an ‘Electronic Draw System’ the Promoter gives notice that Promotion winner will be selected via the Electronic Draw System licensed to the Promoter and having the following approvals:
South Australia – Approval Number 959; and
New South Wales – Approval Number 525.
24) Promotion Winner(s) will be notified in accordance with the Notification of Winners as specified in the Schedule and the Promotion Winner’s name and State or Territory of residence will be published in accordance with the Schedule. The Promoter, Zarraffa’s and the companies and agencies associated with this Promotion may also publish the name and State or Territory of Promotion Winner(s) on their website(s) and in trade publications.
25) The notification in clause 23 to Promotion Winner(s) may include instructions as to how the Promotion Winner is to claim the Promotion Prize and establish his/her entitlement to it. Eligible Entrants may be required to verify their identify as the Promotion Winner of a prize draw, in accordance with clauses 39 - 42. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant, Eligible Entry and/or voter if applicable, who tampers with the entry (or voting process), or who submits an entry or Eligible Entry which is not in accordance with these Terms, or who the Promoter has reason to believe has breached any of these Terms, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
26) If a Prize Claim Date is set in the Schedule, the Promotion Prize is not available for delivery or collection (in accordance with the Claim Instructions) until this date.
27) In the event that the Promotion Prize or any Promotion Prize (if multiple) remains unclaimed for the Unclaimed Period (for any reason), a promotion redraw or redraws (depending on the number of Promotion Prizes unclaimed) will occur in accordance with the Unclaimed Prize Redraw, subject to any directions given by any relevant authority.
28) The Promotion Prize or some or all components of the Promotion Prize on offer under this Promotion may require shipping to the Promotion Winner, which in such case shall be mailed or couriered directly to the address submitted in the Promotion Winners’ entry, at the cost and expense of the Promoter.
29) The Promoter and its associated and related bodies corporate will not be liable for any damage or delay in transit to prizes. Winners should allow 28 days for delivery of their prize.
30) The Promotion Winner’s details may be published in the Publications and/or any other newspaper and/or trade or industry publication if required to comply with various legislation governing this promotion.
CONDITIONS FOR ACCEPTING THE PROMOTION PRIZE
31) As a condition of accepting the Promotion Prize in this Promotion, a Promotion Winner must sign any legal documentation as and in the form required by the Promoter and/or Zarraffa’s, in their absolute discretion, including but not limited to a statutory declaration confirming the Promotion Winners’ compliance with these Terms and eligibility to accept the Promotion Prize and/or a legal release and indemnity form.
32) The Promotion Prize must be taken as offered and cannot be varied unless authorised by the Promoter. The Promotion Prize value includes GST (unless stated otherwise) and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in the Promotion Prize value.
33) The Promoter’s decision is final and no correspondence will be entered into.
34) The Promotion Prize (or any part of the Promotion Prize) is not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including via online auctions or private sales. An unused portion of any Promotion Prize will be forfeited and no compensation will be paid in lieu of that element of the Promotion Prize.
35) The Promotion Prize may be subject to further terms and conditions from third parties which are beyond the control of the Promoter and/or Zarraffa’s and the Promotion Winner must accept those further terms and conditions (if applicable) as a condition of accepting the Promotion Prize.
36) All warranty and/or other defective claims in relation to the Promotion Prize or any component of the Promotion Prize, must be made directly with the manufacturer of the Promotion Prize only.
37) If requested by the Promoter, any entrant or Promotion Winner (and their companion(s), if applicable) (or if an entrant, Promotion Winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter and/or Zarraffa’s) in favour of all parties involved in this Promotion and/or providing any prize in this Promotion, including the Promotion Prize, prior to undertaking any specified activities forming part of the Promotion Prize, acceptance or use of any prize or the Promotion Prize itself. If any entrant, Promotion Winner, nominated companion and/or parent/guardian (if applicable) does 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. Where a Promotion Winner’s entry or claim is deemed invalid, the Promotion Prize will be deemed unclaimed and the Promoter has a right to re-draw the Promotion Prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
38) Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item or the Promotion Prize is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value or in its discretion substitute for a cash amount being equal to the value of the prize item, subject to any written directions from any relevant regulatory, judicial or government authority.
ENTRY VERIFICATION
39) All entries to the Promotion may be subject to verification by the Promoter. The Promoter will reimburse an entrant for any reasonable costs incurred in complying with this condition. An entrant, including the Promotion Winner, may be requested to deliver to the Promoter (by a means determined by the Promoter) copies of any documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity, the receipt of purchase for the Eligible Entry and/or, if applicable, confirmation of the Zarraffa’s Z Card number. The Promoter may make one or more requests for such documents. An entrant must deliver requested copies of such documentation within seven (7) days of being asked to do so by the Promoter. At the Promoter’s request, an entrant and the Promotion Winner must also, within seven (7) days of being asked, allow the Promoter to inspect and copy the original of any such document.
40) The Promoter may, at their absolute discretion, declare any or all entries and/or Eligible Entries made by an Eligible Person invalid if the Eligible Person:
(a) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
(b) produces items that, in the Promoter’s opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
(c) in the Promoter’s opinion, tampers with the Entry Procedure or process or benefits from such tampering; or
(d) in the Promoter’s opinion, submits an entry which is not in accordance with these terms.
41) Any attempt to cause damage to any website or the information on any website associated with this Promotion, otherwise owned or utilised by the Promoter and/or Zarraffa’s or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter and Zarraffa’s reserve the right to seek damages to the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
42) Failure by the Promoter or Zarraffa’s to enforce any of their rights at any stage does not constitute a waiver of those rights.
PRIVACY
43) Entrants must, at the Promoter’s and/or Zarraffa’s reasonable request, participate in all promotional and editorial activity (such as publicity and photography) surrounding this Promotion or the winning of the Promotion Prize, free of charge, and they consent to the Promoter, Zarraffa’s and their related bodies corporate using their name and image in promotional material. Without limitation, entrants, including the Promotion Winner consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, including the Promotion Prize and they consent to the Promoter and/or Zarraffa’s repeating any such broadcast, film or other recording at any time. An entrant and the Promotion Winner also consent to the Promoter and/or Zarraffa’s submitting for use such broadcast, film, photograph or other recording to the Promoter’s and/or Zarraffa’s contractors, the Promoter's and/or Zarraffa’s contractor’s contractors and the Promoter’s and Zarraffa’s agents and related bodies corporate.
44) Entrants consent to the Promoter and/or Zarraffa’s using the entrant’s name, likeness, image and/or voice in the event they are a Promotion Winner in this Promotion (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter and/or Zarraffa’s both now and in the future.
45) The information entrant’s provide in this Promotion will be collected by the Promoter and/or Zarraffa’s and used by the Promoter and/or Zarraffa’s for the purpose of conducting this Promotion, future promotion(s) and for periodically providing entrant’s with marketing information of the Promoters and/or Zarraffa’s products and services, whether by the Promoter, Zarraffa’s and/or its contracted third parties.
46) The Promoter and/or Zarraffa’s may disclose entrant’s personal information to its contracted third parties and agents to assist in conducting this Promotion, future promotion(s), providing marketing information about the products and services of the Promoter and/or Zarraffa’s, to communicate with entrant’s and with State and Territory lottery departments and Promotion Winners’ names may be published as required under the relevant legislation.
47) Promotion Winners’ names will be published and retained as required under relevant legislation.
48) An entrants’ consent under these Terms will remain current until specifically withdrawn. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. As personal information will be submitted and held directly by the Promoter and/or Zarraffa’s, entrants should direct any request to access, update or correct the personal information held by the Promoter by contacting
marketing@zarraffas.com. The Promoter and Zarraffa’s will not be responsible or liable for the privacy practices of its contracted third parties.
49) The Promoter and/or Zarraffa’s may engage other persons or organisations (for example, suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter and/or Zarraffa’s in carrying out the above purposes. Some of these organisations may be located overseas. An entrant’s personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact an entrant directly. In some circumstances, these third parties may disclose personal information collected from entrant’s via this Promotion to the Promoter and/or Zarraffa’s or one or more of the purposes already mentioned. The Promoter and/or Zarraffa’s will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
50) If an entrant to this Promotion does not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional).
51) The Promoter and/or Zarraffa’s may use the personal information collected from entrant’s to conduct the Promotion, to ask questions and seek feedback about the Promotion, to contact entrant’s about any matter in connection with the Zarraffa’s business or the Promotion, to contact entrants if they are a Promotion Winner, to conduct research, including market research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter and to become part of databases maintained by the Promoter, Zarraffa’s or associated entities), and to conduct other forms of analysis, unless the entrant opted out of participating in such activities in accordance with the Zarraffa’s privacy policy. If an entrant provides their email address or mobile phone number that entrant consents to the Promoter and/or Zarraffa’s using that email address to email the entrant and/or the mobile telephone number to call or SMS the entrant for any of the purposes listed above.
PROMOTER’S LIABILITY
52) The Promoter and/or Zarraffa’s accept no responsibility for any tax implications that may arise from the prize winnings on offer in this Promotion. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrant’s 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.
53) The Promoter and/or Zarraffa’s will not be liable for any loss or damage or for any personal injury sustained as a result of any use of any of the Promotion Prize (or any other prize) awarded via this Promotion. To the extent permitted by law, the Promoter and/or Zarraffa’s is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter, Zarraffa’s or its employees or agents or their related bodies corporate, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the Promotion Winners and, where applicable, to any persons accompanying the Promotion Winners.
54) The Promoter and/or Zarraffa’s does not take any responsibility for the Promotion Prize awarded in this Promotion from being lost, stolen, damaged, or destroyed in transit to the Promotion Winner(s).
55) The Promoter and/or Zarraffa’s will not be liable for any loss or damage or for any personal injury sustained as a result of taking the Promotion Prize. The Promoter and/or Zarraffa’s make no representations or warranties as to the quality, suitability, fitness for purpose or merchantability of any goods or services offered as prizes, including the Promotion Prize. To the extent permitted by law, the Promoter and/or Zarraffa’s is not liable for any loss suffered to persons or property by reason of any act or omission, deliberate or negligent, by the Promoter, Zarraffa’s or its employees or agents or their related bodies corporate, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the Promotion Winner and, where applicable, to any persons accompanying the Promotion Winner.
56) If for any reason the conduct or operation of this Promotion is interfered with or disrupted in any way (including by fraud, unauthorised intervention, vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter and/or Zarraffa’s reserves the right to cancel, terminate, modify or suspend or recommence this promotion, subject to the approval of any Australian State or Territory Government bodies regulating this Promotion. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter and Zarraffa’s will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter and/or Zarraffa’s.
57) Nothing in these conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act (2010) in Australia, 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 and Zarraffa’s (including its officers, employees, agents and related bodies corporate) exclude 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 this promotion.
58) To the full extent permitted by law, the Promoter and Zarraffa’s, their associated companies and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) whatsoever, which is suffered or incurred by any entrant and/or Promotion Winner arising out of or otherwise in connection with this Promotion or the prizes awarded in this promotion, including:
(a) any indirect, economic or consequential loss;
(b) any loss arising from or contributed to by the negligence of a Relevant Party;
(c) any liability for personal injury or death; and
(d) use of a prize awarded under this promotion, including the Promotion Prize.
59) If other entities are conducting the Promotion in conjunction with the Promoter and/or Zarraffa’s, Zarraffa’s is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the Promotion Winner and promoting the Promotion.
60) The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a Promotion Winner if the entrant or Promotion Winner or any companion(s) are, in the reasonable opinion of the Promoter and/or Zarraffa’s, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter and/or Zarraffa’s or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
61) No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter and/or Zarraffa’s is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
Australian Competitions Club
