1. Information on how to enter and the prize(s) 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 18 years or over.
3. Employees (and their immediate families) of the Promoter, Participating Stores (as
defined below) and agencies 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.
4. Entries into the promotion open on 06/05/2020 and close at 11:59pm AEST on
02/06/2020 (“Promotional Period”).
5. To be eligible to enter, individuals must purchase any V energy drink product from a
participating store during the Promotional Period (“Qualifying Transaction”). A
participating store is any Coles store in Australia that stocks the Promoter’s products
and displays material advertising this promotion (“Participating Store”). In the event
a purchase receipt is not automatically provided to them upon completion of their
Qualifying Transaction it is the individual’s responsibility to request one.
6. To enter, individuals must then visit venergycoleswin.com.au, follow the prompts to the
promotion entry page, input the requested details including, full name, phone number,
valid email address and age, upload their purchase receipt and submit the fully
completed entry form during the Promotional Period.
Upon submitting their entry individuals will be notified instantly on screen, in writing,
whether or not they have won an instant prize. Instant prize winners will be published
on venergycoleswin.com.au from 05/06/2020.
7. Subject to the start and close of the promotion, there will be five (5) major daily prizes
available to be won each day of the Promotional Period and one thousand (1,000)
minor prizes available to be won over the course of the Promotional Period. There will
be a total of one hundred and forty (140) major daily prizes to be awarded. The
Promoter will use a computer drawing system to randomly determine winning times
each day during the Promotional Period (each a “Winning Time”). The first entry,
received on or after each Winning Time, will be the provisional winner of a prize. If any
major daily prize is not won (i.e. there are no entries (or not enough entries) received
on that day on or after each Winning Time, the un-won major daily prize/s will be
allocated to the unclaimed prize draw.
8. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per
Qualifying Transaction (regardless of the number of V energy drink products
purchased in excess of one (1) in that transaction); (b) each entry must be submitted
separately and in accordance with entry requirements; and (c) a maximum of one (1)
entry per person per day is permitted.
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9. Entrants must retain their original OR a copy of their purchase receipt(s) for all entries
as proof of purchase. Failure to produce the proof of purchase for all entries when
requested may, in the absolute discretion of the Promoter, result in invalidation of ALL
of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must
clearly specify the store of purchase and that the purchase was made during the
Promotional Period but prior to entry.
10. 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.
11. Incomplete or indecipherable entries will be deemed invalid.
12. 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.
13. All claims for instant win prizes must be received by 5:00pm AEST on 14/09/2020.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. Instant win prizes available to be won:
- Major Daily Prizes: 140 (5 per day) x V Exclusive Design Snowboards (board
only; bindings are not included) valued at $600 each.
- Minor Prizes: 1,000 x V Bomber Hats valued at $45 each.
16. The V Exclusive Design Snowboards prizes will be dispatched from 10/06/2020.
17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a
prize by the time stipulated by the Promoter, then the prize will be forfeited.
18. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute
the prize with a prize to the equal value and/or specification, subject to any written
directions from a regulatory authority.
19. Total prize pool value is $129,000.
20. Prizes, or any unused portion of a prize, are not transferable or exchangeable and
cannot be taken as cash.
21. A draw for any unclaimed major prizes and any minor prizes that are won, but remain
unclaimed, may take place at 12:00PM (noon) AEST on 15/09/2020 at Prime Focus,
Level 1, 534 Church Street, Cremorne, VIC 3121, subject to any directions from a
regulatory authority. Winners, if any, will be notified in writing within two (2) business
days of the draw and their names will be published at venergycoleswin.com.au from
17/09/2020.
22. 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
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this promotion (including any outcome), and promoting any products manufactured,
distributed and/or supplied by the Promoter.
23. 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) subject to any written directions
from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as
appropriate.
24. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
25. The use of any automated entry software or any other mechanical or electronic means
that allows an entrant to automatically enter repeatedly is prohibited and will render all
entries submitted by that entrant invalid.
26. 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. Any instant win prizes that are
part of the advertised total prize pool and are won, but remain unclaimed, as well as
any unclaimed or unwon major daily prizes will be awarded in the unclaimed prize
draw.
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 Competition and Consumer Act, as well as any other implied warranties under the
ASIC Act or similar consumer protection laws in the States and Territories of Australia
(“Non-Excludable 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.
28. 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 a prize.
29. As a condition of accepting the prize, winners of a V Exclusive Design Snowboard
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.
30. 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, prize suppliers and, as required, to Australian
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regulatory authorities. Entry is conditional on providing this PI. The Promoter will also
use and handle PI as set out in its Privacy Policy, which can be viewed
at http://www.frucor.com.au/index.php/privacy_policy/. In addition to any use that may
be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period,
unless 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 PI to any entity outside of Australia.
31. The Promoter is Frucor Suntory Australia Pty Ltd (ABN 73 060 091 536) of Level 2, 5
George Street, North Strathfield NSW 2137, Australia, telephone 1800 237 727.
NSW Permit No. LTPS/20/42721 ACT Permit No. TP20/00376 SA Permit No. T20/334