“FIAT | LAVAZZA FANTASIA COFFEE MACHINE” PROMOTION TERMS AND CONDITIONS
1. This Promotion is conducted by FCA Australia Pty Ltd, ABN 23 125 956 505, of 437 Plummer Street, Port Melbourne, Victoria, 3207 www.fiat.com.au / (03) 8698 0200 (Promoter).
2. Information on how to enter, all entry instructions, the Prize, advertising material and prize information published by the Promoter form part of these Terms and Conditions. Entry and participation in this Promotion is deemed acknowledgement and acceptance of these Terms and Conditions.
3. To be eligible to enter the Promotion and win the Prize you must:
3.1 Be an Australian resident;
3.2 Visit the Promotion entry page at www.fiat.com.au/liff (Website), complete and submit the entry form including an answer to the question “What is your favourite FIAT colour and what does it say about you? Tell us in 25 words or less.”; and
3.3 Comply with these terms and conditions (Eligible Entrant).
4. Employees (and their immediate families) of the Promoter and any retailer, supplier, associated company or agency of the Promoter or other person associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. If the Prize Winner is under the age of 18 years, the Prize will be awarded to the Prize Winner’s parent or legal guardian on behalf of the Prize Winner. It is the responsibility of the Prize Winner’s parent/legal guardian to prove their parental status/legal guardianship at the time of Prize Winner notification. In the event that, for any reason whatsoever, a person mistakenly represents themselves to be a Prize Winner’s parent and/or legal guardian, then that person will be liable for all costs associated with relocation and/or re-awarding the Prize (including but not limited to administrative fees incurred by the Promoter). The Promoter is only responsible for ensuring that the Prize is awarded to a person who is either a parent or legal guardian of the Prize Winner. The Promoter is not responsible for determining any other delivery details or taking directions that relates to any ongoing family law negotiations and/.pr determinations. These are the responsibility of the Prize Winner and their respective parent/s and/or legal guardian/s.
6. The Promotion commences at 9:00am AEDT on Friday 12 August 2016 and closes at 11:59pm AEDT on Friday 26 August 2016 (Promotion Period). Entries received by the Promoter after the Promotion Period ends (irrespective of when they were sent) will not be included in the Promotion.
7. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, inaudible, indecipherable or incomprehensible entries will be deemed invalid.
8. 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 to disqualify any entrant who submits an entry that does not comply with these Terms and Conditions or who tampers with the entry process. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way. Errors and omissions may be accepted at the Promoter's discretion.
9. Incomplete or indecipherable entries will be deemed invalid.
10. Eligible Entrants are permitted to submit only one (1) entry. Eligible Entrants can only enter in their own name. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and any such entries will be invalid.
11. 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.
12. Judging will be conducted by 3 Degrees Marketing, for and on behalf of the Promoter (Judge(s)).
13. The judging will take place on Tuesday 30 August 2016 and Wednesday 31 August 2016 at 12:00pm AEST at 3 Degrees Marketing at Level 1, 454a Church Street, Richmond, Victoria, 3121.
14. This is a game of skill and chance plays no part in determining the Prize Winners. Entries will be judged based on the creativity in the Eligible Entrant’s submission as determined by the Judges in their absolute discretion. The Judge’s/s’ decision is final and no correspondence will be entered into.
15. All Prizes will be allocated to successful entrants based on the subjective decision of the Judge/s. The Judge/s will select three Eligible Entrants’ submissions in accordance with clause 14 to win the Prize (Prize Winners). The Judge/s may select reserve Eligible Entrants’ submissions and record them in case a winning entry is deemed invalid.
16. The prize for the Promotion is three (3) Lavazza Fantasia coffee machines (Prize). The Judge(s) will select three (3) Prize Winners. Each Prize Winner will win one (1) of the three (3) Lavazza Fantasia coffee machines, in the colour of their choice (subject to availability).
17. The total Prize pool is valued at AUD $1,185.00
18. The Prize and any element of the Prize is not transferable, exchangeable or redeemable for cash. Prize values are in Australian dollars and are correct at the time of printing. The Promoter accepts no responsibility for any variation in the value of the Prize.
19. The Prize will be delivered by post to the address to be advised by the Prize Winner at the request of the Promoter. The address for delivery must be an Australian address. The Promoter, its associated agencies and companies associated with this Promotion will take no responsibility for the Prize(s) being damaged or lost in transit. Once the Prize(s) has/have left the premises of the Promoter, the Promoter, the Promoter’s agencies or the companies associated with this Promotion will not be responsible for any delay, failure to deliver, or damage caused to the Prize(s) during transit.
20. The Prize Winners will be notified by telephone and email within two (2) days of the Judge’s/s’ decision.
21 . Should the Prize for the Promotion remain unclaimed, or if for any reason a Prize Winner does not accept the Prize by 16 September 2016 at 5:00pm (AEST), despite every reasonable effort taken by the Promoter to contact a Prize Winner, then the Prize will be forfeited. The Promoter will award the Prize to the next valid entry in accordance with clause 14 of these Terms and Conditions. If the next valid entry cannot be contacted within 2 hours, the Promoter will contact the next Prize Winner until a Prize Winner is contacted.
22. To the extent permitted by law, the Promoter reserves the right not to award the Prize if a suitable winner cannot be identified prior to the taking of the Prize.
23. The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct that may jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from any offender(s) are reserved. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
24. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster), or the Promotion being interfered with in any way, including technical difficulties, unauthorised intervention or fraud, so that it is not capable of being conducted as reasonably anticipated, due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, and subject to any written directions from a regulatory authority, to: (a) cancel, terminate, modify or suspend the Promotion; (b) disqualify any entrant; or (c) suspend or modify the Prize or any element of the Prize, as appropriate.
25. If the Prize (or an element of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that element of the Prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
26. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Prize Winner (including photographs, films and/or recordings 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.
27. 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 Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), as well as any other applicable implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
28. To the full extent permitted by law, the Promoter, the Promoter’s officers, employees and agents, except for any liability that cannot be excluded, including the Non-Excludable Guarantees, the Promoter’s related companies and all those entities' personnel exclude all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which is suffered or incurred by any individual in connection with the Promotion or Prize, including but not limited to: (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 and conditions; (v) any tax liability incurred by the Prize Winner or entrant; (vi) the Prize(s); or participation in or use of any Prize(s); (vii) any direct, indirect, economic or consequential loss; (viii) any loss arising from the negligence; (ix) any liability for personal injury or death including caused or contributed to participation in the Prize or any element of the Prize.
29. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. All entries become the property of the Promoter.
30. Any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used.
31. Eligible Entrants may opt in to receive direct marketing communications from the Promoter in relation to FCA Australia’s products or services or for other promotional purposes. Where the Eligible Entrant has consented to receiving direct marketing communications from the Promoter, the Promoter may use the information to engage in direct marketing with the Eligible Entrant, and may disclose the Entrant’s personal information to its related entities and contractors for the above purposes.