#AsEasyAsEnerC” AIRPODS PROMOTION
TERMS AND 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.
2. Entry is only open to Australian residents aged 16 years or over.
3. 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.
4. Employees (and their immediate families) of the Promoter and agencies associated with this
promotion are ineligible to enter. Immediate family means any of the following: spouse, exspouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or 1st cousin.
5. Promotion commences on 17/09/2021 and entries close at 11:59pm AEST on 01/11/2021
6. To enter, individuals must purchase any Ener-C product during the Promotional Period
(“Eligible Purchase”) and retain proof of purchase. Individuals must then visit
enerc.com.au/AsEasyAsEnerC, input the requested personal details including email
address, upload product barcode for proof of purchase and their answer in 25 words or less to
the question “When do you use Ener-C and why?” and submit the fully completed entry form.
7. 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 reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the
promotion. 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.
The Promoter's legal rights to recover damages or other compensation from such an offender
8. Incomplete or indecipherable entries will be deemed invalid.
9. Only one (1) entry per purchase of Ener-C permitted per person.
10. 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.
11. The judging will take place at Martin and Pleasance, 7 Rocklea Drive, Port Melbourne VIC
3207 on 12/11/2021. The judges may select additional reserve entries which they determine
to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
The winners will be notified by email.
12. This is a game of skill and chance plays no part in determining the winners. Each entry will
be individually judged based on literary and creative merit of the answer provided to the
promotional questions “When do you use Ener-C and why?”
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The best five (5) valid entries received, as determined by the judges, will each win 1 x pair of
15. 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 guardian.
16. Total prize pool value is $1,595.
17. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be
taken as cash.
18. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its
affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable,
and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry for
any purpose, including but not limited to future promotional, marketing or publicity purposes,
in any media, without compensation, restriction on use, attribution or liability.
19. 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.
20. 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) to modify, suspend, terminate or cancel the promotion, as
21. Any cost associated with accessing the promotional website is the entrant’s responsibility and
is dependent on the Internet service provider used.
22. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth)
or similar consumer protection laws in the States and Territories of Australia (“NonExcludable 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.
23. 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.
24. As a condition of accepting the prize, a winner (and his/her companion) 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. In the
event a winner or winner’s companion is under the age of 18, a nominated parent/legal
guardian of such person will be required to sign the legal documentation required under this
clause on their behalf.
25. The Promoter collects personal information ("PI") in order to conduct the promotion and may,
for this purpose, disclose such PI to third parties, including but not limited to agents,
contractors, service providers and prize suppliers. Entry is conditional on providing this PI.
. In addition to any use that may be
otherwise advised, use the PI for promotional, marketing, publicity, research and profiling
purposes, including sending electronic messages or telephoning the entrant. The Privacy
Policy also contains information about how entrants may opt out, access, update or correct
their PI, how entrants may complain about a breach of the Australian Privacy Principles or
any other applicable law and how those complaints will be dealt with. All entries become the
property of the Promoter. The Promoter will not disclose entrant’s personal information to any
entity outside of Australia.
26. The Promoter is TTF Martin and Pleasance Wholesale Unit Trust trading as Martin &
Pleasance (ABN 67 097 455 314) of 7 Rocklea Drive, Port Melbourne VIC 3207.