“AUDIO TECHNICA BOUTIQUE HEADPHONES” COMPETITION CONDITIONS
Introduction
1.The “COKE REWARDS – AUDIO TECHNICA BOUTIQUE HEADPHONES Competition” (the “Competition”) is conducted by Coca Cola South Pacific Pty Ltd, ABN 50 003 029 794 of Level 9, 40 Mount Street, North Sydney NSW 2060 (“Promoter”).
“AUDIO TECHNICA BOUTIQUE HEADPHONES” COMPETITION CONDITIONS
Introduction
1.The “COKE REWARDS – AUDIO TECHNICA BOUTIQUE HEADPHONES Competition” (the “Competition”) is conducted by Coca Cola South Pacific Pty Ltd, ABN 50 003 029 794 of Level 9, 40 Mount Street, North Sydney NSW 2060 (“Promoter”).
2.By participating in the Competition, individuals accept these conditions (“Conditions”). Information on how to participate and information on the prize form part of these Conditions. This Competition is run in conjunction with the “Coke Rewards Program” (the “Program”).
3.All references to times and dates are to times and dates in Sydney, which may be Australian Eastern Standard Time (“AEST”) or Australian Eastern Daylight Time (“AEDT”) depending on the date.
4.The word "including" means "including without limitation" and "includes", "included" and "in particular" are also to be understood as being without limitation.
5.All references to dollars or "$" are references to Australian dollars.
Eligibility
6.The Competition is only open to persons who:
(a)are “Members” of the Program
(b)are aged 13 years old and over;
and
(c)are not:
(i)employees of the Promoter or the prize suppliers or any of their related bodies corporate; and
(ii)a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any such employee,
(“Eligible Member”).
The details on how to become a Member of the Program and the conditions for the Program (“the Program Conditions”) are available at www.cokerewards.com.au (“the Program Website”). Eligible Members under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Member must read and consent to these Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to this Competition.
How to enter
7.The Competition commences at 15.00hrs on 15th May 2015 and closes at 15.00hrs on 21st June 2015 (“the Competition Period”).
8.To be entered in this Competition, an Eligible Member must, during the Competition Period, visit the Program Website and in accordance with the directions at the Program Website, they must be a Diet Coke VIP rewards member and redeem ten (10) of his or her Tokens from a Diet Coke product code (as defined in the Program Conditions) and, in 25 words or less, tell us “What is your favourite song to listen to right now and why?” (“Qualifying Transaction”).
9.The Member will receive one (1) automatic entry into the Competition for each unique valid Qualifying Transaction. The Program Conditions will apply to the Eligible Member’s Qualifying Transaction.
Prize winner selection process and prize
10.This is a game of skill and chance plays no part in the winner selection process. All valid entries received will be judged based on how interesting they are as well as literary and creative merit.
11.A panel of judges will be appointed by the Promoter. Subject to the verification process set out in condition 16 below, the judges will select the best ten (10) entries. From the best ten (10) entries, five (5) entries will be determined as Provisional Winners. Once Provisional Winners have been satisfied the requirements of the Promoter's verification process under condition 16, and if the Promoter does not exercise its discretion under that same condition, the Provisional Winners, will win the Prize (“Prize”). In the event that the Provisional Winners are invalid or the prize is unclaimed by 11.00hrs 10th July 2015, the next best entry that was originally judged will be the Provisional Winner of the Prize and after satisfying condition 16, will be awarded the Prize.
12.There are five (5) Prizes in total. Each Prize is valued up to $99.95 and includes the following:
•1 x Audio Technica ATH – UN1 Headphones (Black)
Prize conditions
13.The total prize pool is valued at up to $499.75 (excluding GST).
14.If a Prize is unavailable, for any reason beyond the reasonable control of the Promoter, the Promoter may offer an alternative prize of equivalent value and specification.
15.It is condition of accepting a Prize that the winner must comply with all of the conditions of use for the Prize, and the Prize supplier’s requirements.
16.The Eligible Members whose entries are judged to be the best will be deemed by the Promoter to be the winner of a Prize, subject to verification (“the Provisional Winners”). The Provisional Winners (or their parent or guardian on their behalf if under 18) may be required to sign a deed of eligibility confirming that they have complied with the Conditions, and return this to the Promoter within the time specified on the deed, before receiving a Prize. In addition, the Provisional Winners (or their parent or guardian on their behalf if under 18) will be required to sign a deed of release, excluding the Relevant Parties (as defined below), from all liability in connection with a Prize to the maximum extent permitted by law, and return this to the Promoter within the time specified on the deed, before receiving a Prize. Notwithstanding the foregoing, the Promoter may refuse to award a Provisional Winner a Prize, if the Promoter has reason to believe that a Provisional Winner has not complied with these Conditions or the Program Conditions. If the Promoter refuses to award a Provisional Winner a Prize on the grounds identified in this condition, a new Provisional Winner will be selected.
17.Once the Provisional Winners have satisfied the requirements of the Promoter’s verification process under condition 16, and if the Promoter does not exercise its discretion under that same condition, the Provisional Winners will be deemed the winner of the Competition and a Major Prize will be awarded to them. The winner will be informed in writing by email.
General Conditions
18.If for any reason the conduct or operation of the Competition or the Program is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition.
19.An Eligible Member agrees that all entries must;
(a)be the Eligible Member’s original and sole work and not based in whole or in part on or copied from the work of any other person or entity;
(b)not have been previously published or accepted for publication;
(c)not infringe any intellectual property rights and/or any other rights of any person or entity;
(d)not advertise or promote any goods or services;
(e)not contain any material which the Eligible Member does not have permission to use;
(f)not contain any viruses or any other components with harmful or contaminating effects on the Program Website or any equipment connected to it;
(g)acquire permission to use the entry involving any other person apart from the Eligible Member; and
(h)not contain or link to any:
i.pornography, sexually explicit, obscene or indecent content;
ii.reference to dangerous or illegal acts or contain any instructions that if followed could be injurious to the reader;
iii.violence;
iv.private or confidential information or reveal personal information belonging to others or other sensitive information;
v.unlawful, harmful, threatening, harassing, defamatory, libelous, tortuous, misleading or any otherwise objectionable content; and/or
vi."hate speech" intended to stereotype a particular gender, sexual orientation, race or religion.
20.The Promoter has the sole discretion and final decision in determining whether any entries submitted by an entrant should be posted on Program Website or disqualified and/or removed from the Program Website. The Eligible Member, unless the Promoter advises otherwise, 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 such entries for any purpose in any media, without compensation, restriction on use, attribution or liability. Eligible Members agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
21.If an Eligible Member tampers with, or subverts, the processes relating to participation in the Competition or the Program, or may benefit from such tampering or subversion by any other person, the Promoter reserves the right in its sole discretion to disqualify that Eligible Member from the Competition. The Promoter reserves the right to verify the details of the Eligible Member, and request identification to establish their age or identity.
22.The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failures, theft or destruction or unauthorized access to, or alteration or non-receipt of an Eligible Member's communications (including Token redemptions). The Promoter is not responsible for any problems or technical malfunctions (such as problems with telephone networks or lines, computer systems or software or internet service providers) or any failure of any internet communication or telephone communication to be received by the Promoter (whether as a result of technical problems or traffic congestion on any carrier network, on the internet or at any website). To the full extent permitted by law, the Promoter is not liable for any injury or damage to any Eligible Member's (or any other person’s) computer or resulting from or otherwise relating to participation in this Competition (including by downloading materials relating to this Competition).
23.CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES 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.
24.Unless otherwise stipulated, rights to receive any Prize are not transferable or exchangeable and cannot be taken as cash.
25.All of the Promoter’s decisions are final and no correspondence will be entered into.
26.The Promoter accepts no responsibility for any tax liability incurred as a result of an Eligible Member winning a Prize. Eligible Members should obtain independent tax and financial advice.
27.No responsibility is accepted for late, lost, or misdirected entries or submission by the Eligible Member of Qualifying Transactions.
28.The Promoter is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilised in this Competition which may occur in the course of the administration of this Competition.
29.Any costs associated with accessing the Program Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
30.To the full extent permitted by law, the Promoter, its related companies and Coca-Cola Amatil (Aust) Pty Ltd ABN 68 076 594 119 and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with the Competition or Prize, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these Conditions is intended to exclude, restrict or modify a person’s rights under the Competition and Consumer Act 2010 (Cth) (the “Non-Excludable Rights”).
31.The winners of a Prize consent to: (i) the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without remuneration for the purpose of promoting this Competition, the Program, the Promoter and/or 'Coca-Cola', ‘diet Coca Cola, ’Coca-Cola Zero’ ‘Coca Cola Vanilla’ beverages; and (ii) the Promoter authorising its related companies and Coca-Cola Amatil (Aust) Pty Ltd (ABN 68 076 594 119) to do anything that the winner or their companion consents to the Promoter doing under this condition.
32.All entries become the property of the Promoter. Eligible Members' personal information will be collected by or on behalf of the Promoter to enable it to administer and promote the Competition and the winner of the Competition. The personal information of Eligible Members may be provided to others assisting in the conduct of the Competition, including the Competition administrator, suppliers and deliverers, and to authorities that regulate the Competition. Consumers may contact the Promoter via the Program Website or by calling the toll free number 1800 006 552 or by emailing info@cokerewards.com.au to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an Eligible Member does not provide accurate personal information, the Promoter may determine that they are not eligible to win a Major Prize. Visit www.cokerewards.com.au to view the Promoter’s privacy policy. Eligible Members acknowledge that their personal information may be supplied to organisations outside of Australia and they provide their consent for this to occur by participating in the Competition.
© 2015 The Coca-Cola Company
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