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TERMS AND CONDITIONS SCHEDULE
 

Promotion: Red Rock Deli Chef Series ® Foodie Giveaway

Permit number(s): Authorised under NSW Authority No. TP/00653, ACT Permit No. TP 22/01367, SA License No. T22/1093

Website: chefseries.redrockdeli.com.au

Promoter: The Smith's Snackfood Company Pty Limited t/a The Red Rock Deli Chip Company (ABN 31 057 976 940), 553-567 South Road, Regency Park, SA 5020 Australia, phone 1800 500 502.

Entry Restrictions: Entry to the Promotion is open to Australian residents currently living in Australia, aged 18 years and over who fulfil the entry requirements.

Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, manufacturer, supplier or of the agencies associated with this Promotion and participating stores are ineligible to enter.

“Immediate families” includes a spouse, ex-spouse, de-facto spouse, parent, step-parent, child or step-child (whether natural or adopted), sibling or step-sibling (whether natural or adopted), grandparent, aunt, uncle, niece, nephew or cousin, whether or not they live in the same household as the director, manager, employee, officer or contractor.

Promotional Period:

The Promotional Period is divided into two Prize Draws, with the open and close times and draw dates as indicated in the table below.

Entry Mechanic: To enter either Prize Draw, entrants must, during the Promotional Period for the relevant Prize Draw,

1. Visit Red Rock Deli Chef Series website at chefseries.redrockdeli.com.au
2. Click on the Red Rock Deli Chef Series Foodie Giveaway icon and enter their personal details including; name, email address and postcode; and
3. Join the email list to be the first to receive exclusive Red Rock Deli offers and information, launching in 2023.

Bonus Entry Mechanic: To receive a bonus entry into Prize Draw 2, entrants must have from 26/10/22 until 29/10/22.

1. Download the Snackback App from Apple App Store or GooglePlay Store and register for a Snackback account;
2. Clicked on the Red Rock Deli Chef Series Foodie Giveaway icon and enter their personal details including; name, email address and postcode; and
3. Followed the prompts to submit their Bonus Entry through the Snackback App

All entries received via the SnackBack App receive a bonus entry into Draw 2. Entries and Bonus Entries are deemed to be received at the time and on the date that they are received by the Promoter. Bonus Entries are no longer being accepted as the SnackBack App is now inaccessible due to unexpected difficulties with user validation.

Maximum Number of Entries: Limit of one (1) Entry and one (1) Bonus Entry permitted per person/ email address.

Limit of one (1) prize permitted per person (except for SA residents).

Prize details:
There are 100 prizes to be won. Each prize is valued in total up to AUD$220 and includes:

• 1 x Red Rock Deli Chef Series Apron
• 1 x Red Rock Deli Chef Series Tote bag
• 3 x 150g Red Rock Deli Chef Series Potato Chips in various flavours (determined by the Promoter)
• 1 x Colin Fassnidge cookbook- The Commonsense Cook: Real Family Food Made Easy
• 1 x Recipe Pamphlet with three exclusive Red Rock Deli recipes created in collaboration with Colin Fassnidge

Total Number of Prizes: 100

Total Prize Pool: AUD$22,000.

Prize Draw 1: Prize Draw 1 will take place at 3:00pm (Sydney time) on 20/09/22, at Level 2, 11 York St, Sydney NSW 2000. The first fifty (50) valid entries drawn in Prize Draw 1 will be awarded the prize listed above. The draw conductor may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

Prize Draw 2: Prize Draw 2 will take place at 3:00pm (Sydney time) on 23/11/22, at Level 2, 11 York St, Sydney NSW 2000. The non-winning entries of Prize Draw 1 will be added to the Prize Draw 2 pool of entry. The first fifty (50) valid entries (including Bonus Entries) drawn in Prize Draw 2 will be awarded the prize listed above. The draw conductor may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

Notification of Winner(s): Each prize winner will be notified via email within three (3) days of the respective draw date. Each winner’s name and State or Territory of residence will be published at www.redrockdeli.com.au/chefseries within three (3) days of the respective draw date.

Prize Delivery: The winners will receive an email within three (3) days of each draw to confirm details of prize and confirm delivery address. Prizes will be delivered within 28 days of address confirmation.

Unclaimed Prize Allocation: If a winning entry is deemed invalid, or if a prize is not accepted or claimed within 3 months of the Prize Draw 2, the relevant winner’s entry will be deemed invalid and the Promoter will conduct such further draws at 3:00pm (Sydney time) on 28/02/23 at the same location as the original draws as necessary to distribute the prizes, subject to any written directions given by any relevant authority. Any winners in this draw will be notified in writing within three (3) days of the re-draw and any winners from the re-draw will have their name and State or Territory of residence published at www.redrockdeli.com.au/chefseries on 07/03/23.  If there are any unclaimed prizes, each unclaimed prize will be distributed to the next valid entry randomly drawn in descending order of value until all unclaimed prizes are awarded.

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.

Entry

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 Promotional 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.
    

   Prize Draw

8. The Prize(s) will be awarded to the winner(s) drawn in accordance with the Prize Draw. The Promoter’s decision is final and no correspondence will be entered into.

   Prize(s)

9. The winner(s) will be notified in accordance with the Notification of Winner(s). 
10. 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.
11. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
12. 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).
13. The Promoter may require the winner(s) to verify their entry, identity, age and/or residence at the nominated Prize delivery address.  Proof considered suitable for verification is at the Promoter’s sole discretion.
14. 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 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.
15. 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.
16. No Prize is transferable or exchangeable, nor can it be redeemed for cash (unless otherwise specified by the Promoter). In the event for any reason a winner does not take or claim an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
17. 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).

    General

18. 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 are reserved.

19. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or 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 and other compensation are reserved.

20. 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.

21. 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.

22. 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.

23. 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.

24. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.

25. 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.

26. 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.

27. Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

28. 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.

29. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at http://www.pepsico.com.au/privacy/. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789.

30. 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.

SCHEDULE

Promotion: Win 1 of 10 Sensory Dining Experiences

Permit number(s): Authorised under NSW Permit No. NSW TP/00653, ACT Permit No. ACT TP22/00595, SA License No. T22/459.

Website: www.chefseries.redrockdeli.com.au/coles  

Promoter: The Smith’s Snackfood Company Pty Ltd (ABN 31 057 976 940), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.

Entry Restrictions: Entry to the Promotion is open to Australian residents currently living in Australia, aged 18 years and over who fulfil the entry requirements and who are able to take the prize on the specified date.
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies associated with this Promotion are ineligible to enter.
“Immediate families” includes a spouse, ex-spouse, de-facto spouse, parent, step-parent, child or step-child (whether natural or adopted), sibling or step-sibling (whether natural or adopted), grandparent, aunt, uncle, niece, nephew or cousin, whether or not they live in the same household as the director, manager, employee, officer or contractor.

Promotion Period: Starts at 09:00 (Sydney time) on 31/08/22.  Ends at 17:00 (Sydney time) on 27/09/22.

Entry Mechanic: Entrants must, during the Promotion Period,
 

1. Purchase any Red Rock Deli Chef Series Participating Product (defined below) from any Coles store within Australia or online at www.coles.com.au; to an Australian address (Qualifying Transaction).
2. Visit www.chefseries.redrockdeli.com.au/coles   or scan the QR code and follow the prompts to the entry page;
3. Fully complete and submit the online entry form with their personal details (first name, last name, email address, phone number and State/Territory of residence); and
4. Upload a scanned copy or photo of their receipt of the Qualifying Transaction for the chance to win 1 of 10 Sensory Dining Experiences with Colin Fassnidge plus 200 x $50 Coles Gift Cards to be won.

Entries are deemed to be received at the time and on the date that they are received by the Promoter. Each entrant must create their own entry and only submit an entry in their own name.
Entrants must retain a copy of their original purchase receipt as proof of purchase.

Participating Products:
Red Rock Deli Chef Series products including:
  - Crispy Fried Chicken with Hot Sauce 150g
  - Braised Beef Brisket with Caramelised Onion Flavour 150g
  - Portuguese Chicken with Lemon & Oregano Flavour 150g
  - Crispy Pork Belly with Apple Sauce Flavour 150g

Proof of Purchase: The entrant must retain proof of purchase and submit this upon entry. The proof of purchase required is an original receipt for the Qualifying Transaction. Purchase receipt(s) must clearly specify: (a) the store of purchase as Coles; (b) the Qualifying Transaction; and (c) the purchase was made during the Promotional Period. Scanned copy or photo uploaded upon entry must clearly specify proof of purchase or the entry/ies may (at the Promoter’s discretion) not be deemed valid.

Maximum Number of Entries: Multiple entries permitted subject to the following:

1. only one (1) entry permitted per Participating Product;
2. maximum of five (5) entries per person in one (1) day;
3. maximum of five (5) entries permitted per Qualifying Transaction (regardless of the number of Participating Products in excess of five (5) purchased within the transaction); and
4.  each entry must be completed separately and in accordance with the Entry Mechanic above.

Limit of one (1) Major Prize and maximum of one (1) Minor Prize permitted per person (except for SA residents)

Prize Draw: The draw will take place at 3pm (Sydney time) on 29/09/2022, at Level 2, 11 York Street, Sydney, NSW 2000. The first ten (10) valid entries drawn will win a Major Prize, being the Sensory Dining Experience (including return airfares to Sydney for interstate winners and accommodation). The next two hundred (200) valid entries drawn will win a Minor Prize, being a $50 Coles Gift Card.

Major Prizes:
There are ten (10) major prizes to be won. Each major prize package is valued in total at up to AUD$7,000 and includes:

• An exclusive invitation (for two (2) people to attend) a group Sensory Dining Experience experience in Sydney hosted by Colin Fassnidge on 29/10/2022;
• Two (2) x return economy airfares from winner’s nearest capital city to Sydney, NSW (only provided if winner does not reside in NSW). If the winner resides in NSW then the airfare component of the prize is not applicable and is not redeemable for cash; and
• One (1) night twin share 4-star accommodation in Sydney, NSW to be determined by The Promoter.

Travel is based on economy tickets, travel dates and times to be determined by The Promoter. Flights and accommodation are subject to booking and availability. All other costs associated with the prize, including but not limited to transfer costs, meals, taxes, insurance and other ancillary costs are, unless otherer wise stated, the responsibility of the winner (and their travel companion(s)). Included are Return transfers from Sydney airport to the hotel, and return transfers from the hotel to the event. Any other transfers are the responsibility of the winner (and their travel companion(s)).

Exclusive dinner is only available for participation on 29/10/2022. If for any reason the winner is unable to attend, the prize will be void and may not be redeemed for cash or assigned to another person. The exclusive dinner must only be attended by the winner and one (1) guest. There may be photography/videography that occurs at the exclusive dinner (and the winner and guests may be identifiable). This content is the intellectual property of the Promoter and may be used by the Promoter for future advertising or marketing purposes. If the winner or their guest for the prize has concerns about their likeness or privacy, please notify the Promoter in writing and in some circumstances, it may not be suitable to participate in this Promotion. The winner and their guest consent to the Promoter using the photos/videography of them from the dinner event in any media for an unlimited period without remuneration to the winner or their guest, for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. The Promoter in its discretion will determine what will happen to the prize should the prize event need to be cancelled or rescheduled due to Covid-19.

Travel itinerary will be determined by the Promoter in its absolute discretion. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner and his/her travel companion must depart from and return to the same departure point and travel together. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. The prize is subject to booking and flight availability. Frequent flyer points will not be awarded and do not form part of the prize. Spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included. The winner may be required to present their credit card as security at accommodation check in. Winners and their guest must be over 18 years old.

Prize to be booked minimum 20 days in advance of event. Once the experience date is confirmed, all details and tickets will be supplied to the winners. Experience cannot be resold. An identification check may be required prior to or on the day of the experience and winners (and their guests) must be able to provide valid photo identification. The Promoter expects all winners and their guests to conduct themselves appropriately when attending the experience. If the Promoter believes that you and/or your guests are not conducting yourselves appropriately, the Promoter, in its absolute discretion, is entitled to end the experience.

The Promoter, its agents and officers assumes no liability for food reactions or allergies. The Promoter will endeavor to accommodate your dietary preferences if supplied at the time of booking. Winners are responsible for informing The Promoter of their own (and their guests’) food and fragrance allergens within 14 days of being notified as winner. Although The Promoter will make every effort to identify ingredients that may cause an allergic reaction, all meals are prepared in the same kitchen and therefore no guarantee can be given. There is always risk of contamination as in our kitchen we use products such as milk, eggs, gluten, nuts etc. Winners with food allergies must be aware of this risk. The Promoter will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with whilst eating any of our meals. The Promoter will not assume any liability for adverse reactions caused by fragrances used in the venue. The Promoter will not assume liability for further reactions caused by any of the sensory experiences used in the venue on the night included but not limited to darkness, music, smoke machine, lighting show and strobe lighting. Winners are responsible for informing The Promoter of any sensory issues within 14 days of being notified as winner.

Total Number of Major Prizes: 10

Minor Prize: There are two-hundred (200) minor prizes to be won. Each minor prize is a Coles Digital Gift Card valued at $50.  Coles Gift Card terms available at https://www.giftcards.com.au/CMS/Page/giftcardtermsofuse . The Coles Gift Card is redeemable at Coles Supermarkets and Coles Central stores nationwide. Coles Gift Cards are not redeemable on Coles Online or at Coles Express or Liquorland. Not redeemable for cash or payments of credit or store accounts. Gift cards cannot be used to purchase gift cards. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

Coles Digital Gift Cards will be emailed directly to the winners to the email account nominated by the entrant on the online entry form. The Coles Digital Gift Cards will expire 4 years from the date of issue. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.
Total minor prize value is $10,000 (including GST) in Australia.

Total Number of Minor Prizes: 200

Total Prize Pool: Total major prize value is $70,000 (including GST) in Australia and is correct at time of printing. Total minor prize value is $10,000 (including GST). Total cumulative prize value is $80,000 (including GST).

Notification of Winner(s): Each winner will be notified via email and phone within two (2) days of the draw using the email and phone number provided on the online entry form. Each winner’s name and State or Territory of residence will be published on www.chefseries.redrockdeli.com.au/coles on 05/10/2022

Major Prize Delivery: The winner will receive an email (to the winner’s email address provided with their entry) containing details on the Major Prize date and inclusions 28 days prior to the event.

Minor Prize Delivery: The Minor Prize will be delivered to the winner(s) within 28 days of the draw by email to the winner’s nominated email address (provided with their entry).

Unclaimed Prize Allocation: If a winning entry is deemed invalid, or if a prize is not accepted or claimed within fourteen (14) days of the draw, the relevant winner’s entry will be deemed invalid and the Promoter will conduct such further draws at 3pm (Sydney time) on 13/10/22 at the same location as the original draw as necessary to distribute the prizes, subject to any written directions given by any relevant authority. Any winners in this draw will be notified in writing within three (3) days of the draw and any winners from the re-draw will have their name and State or Territory of residence published at www.chefseries.redrockdeli.com.au/coles on 17/10/22. If there are any unclaimed prizes, each unclaimed prize will be distributed to the next valid entry randomly drawn in descending order of value until all unclaimed prizes are awarded.

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.

Entry

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.
    

   Prize Draw

8. The Prize(s) will be awarded to the winner(s) drawn in accordance with the Prize Draw. The judges' decision is final and no correspondence will be entered into.
9. Each entrant warrants and agrees that: (i) the entrant has created the entry themselves; (ii) the entrant will not submit material in their entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law; (v) the entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
10. Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition.  The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or 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 and other compensation are reserved.
11. 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.
12. 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.
13. 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).
14. 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.
15. 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.
16. 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.
     

    Prize(s)

17.  The winner(s) will be notified in accordance with the Notification of Winner(s). 
18. 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.
19. In the event of a Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Allocation.
20. 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).
21. The Promoter may require the winner(s) to verify their entry and provide proof of purchase (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.
22. 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 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.
23. 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.
24. No Prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
25. 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).
26. Entrants acknowledge that there are inherent risks in some aspects of the Prize and that using the Prize involves participating in potentially dangerous activities.  By entering this Promotion and accepting the Prize, entrants accept that risk.  As a condition of accepting the Prize, the winner(s) (and their companion) may be required to sign a release of liability form (provided by the Promoter) in favour of the Promoter and any other parties involved in the Promotion.  If a winner does not sign such a release of liability form within the time requested by the Promoter, the winner will forfeit the Prize.
     

    General

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.

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 and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

31. 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.

32. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at https://www.pepsico.com.au/privacy/.  Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at consumer.cic@pepsico.com or 1800 025 789.

33. 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.