TERMS & CONDITIONS
GATORADE GET THE GEAR PROMOTION:
SCHEDULE TO TERMS OF ENTRY
Information on how to enter and prizes set out under the pages titled “Schedule” form part of the Terms of Entry. These Terms of Entry constitute the entrant’s agreement with the Promoter in relation to the entrant’s participation in the competition. The Terms of Entry must be read together with the Schedule for this Promotion. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
|COLLECTION NOTICE||PepsiCo Australia Holdings Pty Ltd collects your personal information (name, date of birth, address, contact numbers and email) when you enter this promotion for the purposes of your entry into the promotion. |
If we do not collect your personal information, you will not be able to submit a valid entry into the promotion or claim your prize. We may disclose this personal information to third parties, including local lottery authorities, for the sole purpose of processing and conducting this promotion.
|1. Promotion Name:||Gatorade Get the Gear Promotion|
|3. Promoter:||PepsiCo Australia Holdings Pty Ltd |
ABN 25 079 719 743 of 799 Pacific Highway, Chatswood, NSW 2067.
Phone: 1800 025 789.
|4. Entry Restrictions:||Entry to the Promotion is open to Australian residents aged 16 years and over, who fulfil the entry requirements. Entrants under 18 years of age must have parent/guardian consent to enter the Promotion. Directors, management, employees, officers and contractors (and their immediate families) of: |
“Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
|5. Promotional Period:||Starts 12.01am (AEST) on 1 September 2019 and ends 11.59pm (AEDT) on 31 December 2019.|
|6. Entry Mechanic:||To enter, participants must do each of the following during the Promotional Period: |
|7. Notification of Winner(s)|| |
|8. Maximum Number of Entries:||A maximum of three (3) entries is permitted per person per day, subject to the following conditions: |
|9. Prize Win Odds:||There are up to 101,300 instant win prizes to be awarded based on pre-determined unique winning codes during the Promotion Period. The odds of winning an instant win prize is 1 in 100.|
|10. Prize:|| |
All other ancillary costs including but not limited to insurance, taxes (excluding GST), and any and all other expenses are the responsibility of each winner.
|11. Total Prize Pool:||$1,103,800|
|12. Total Number of Prizes:||101,300|
|13. Prize Claim:||Winners must claim their prize by 11:59pm AEDT 1 March 2020 Subject to any unclaimed prize draw, if a winner does not claim their prize by the time indicated with all requested information, they will forfeit the prize.|
|14. Prize Delivery:||The Prize will be delivered to the winner(s) within 50 days of validation to the winner’s nominated Australian mailing address (provided with their entry), subject to any processing or delivery delays. Winners will be notified of any delay. A signature on delivery may be required.|
|15. Winner(s) Publication Details:||The name and State or Territory of residence of winners of prizes valued at over $250 will be published on the Website from 6th of January 2019.|
|16. Unclaimed and un-won Prize Allocation:||A draw for any prizes valued at over $26 that remain un-won or unclaimed by 11:59pm AEDT 1 March 2020 may take place at Core Marketing, 45 Stubbs Street, Kensington VIC Australia 3031 at 10.00am AEDT on 05/03/2020, subject to any directions from a relevant regulatory authority. If there are any unclaimed or un-won prizes, each unclaimed or un-won prize will be distributed to the next valid entry randomly drawn in descending order of value until all unclaimed or un-won prizes are awarded. |
Any winners of this draw will be notified by email within two (2) days of the draw. Any winners of prizes valued over $250 will have their name and State or Territory of residence published on the Website from 9th of March 2019.
|17. Permit Numbers:||Authorized under: |
ACT Permit No. T19/03501
SA Licence No. T19/910
NSW Permit No. LTPS/19/35215
TERMS OF ENTRY
These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
1. By entering the Promotion, entrants accept these Terms of Entry.
2. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
3. Entrants may submit up to the Maximum Number of Entries. Entries must be received by the Promoter during the Promotion Period.
4. The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
5. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
6. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
7. Any form of automated entry using any device or software is prohibited and will render an entry invalid.
8. Any entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service, will be deemed void.
9. Entrants must only enter using one name, one address, one phone number and one email address, and anyone using multiple aliases/addresses/accounts will be disqualified, as determined by the Promoter in its sole discretion.
10. All entries become the property of the Promoter and cannot be returned. As a condition of entry, entrants agree to irrevocably and unconditionally assign to the Promoter all of their right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to their entry and, if requested by the Promoter, to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter.
11. Without limiting clause 10, each entrant acknowledges and agrees that if their entry wins, the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
12. By entering this Promotion each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
13. Each prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in any medium throughout the world.
14. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third-party rights will be invalid and not eligible to win a prize.
15. If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
16. The winner(s) will be notified in accordance with the Notification of Winner(s).
17. The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
18. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
19. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
20. The Promoter may require the winner(s) to verify their entry and provide proof of purchase and unique code (if applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
21. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process, unique codes, or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
22. If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
23. Prizes cannot be transferred or exchanged nor (except as set out in these Terms of Entry) nor can they be redeemed for cash. Without limiting any other term of these Terms of Entry, all prizes (and elements of prizes) must be taken as and when specified or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms of Entry and include any applicable GST. The Promoter accepts no responsibility for any change in prize value.
24. Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the Prize value specified for that Prize in the Schedule).
25. If a winner of a prize is under the age of 18 years (where entry by those under 18 is allowed), the Promoter may, at its discretion, award the prize to the winner’s parent or guardian.
26. Where relevant for instant win promotions, printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid prize claim. Every instant win prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms of Entry.
27. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
28. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant State/Territory if required.
29. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
30. Nothing in these Terms of Entry limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
31. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law) including the Non-Excludable Guarantees.
32. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants 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.
34. Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.
35. Each entrant is providing their information to the Promoter and not to Facebook. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant completely releases Facebook from any and all liability in relation to this Promotion.