Trade Promotion: Game of Chance
Terms & Conditions
SCHEDULE
Trade Promotion: Game of Chance
Terms & Conditions
SCHEDULE
Promotion:
Win a LACOSTE Trip for 2 to Paris and the 2016 French Open at Roland Garros (“Promotion”).
Promoter:
True Alliance Brands Pty Limited 19 O’Riordan Street, Alexandria NSW 2015 Telephone: +612 8306 3334. ABN: 80 098 979 803 (“Promoter”).
Relevant Country/States:
Australi NSW, VIC, TAS, WA, QLD, SA, NT, ACT
New Zealand
Promotional Period:
The Promotion starts at 7:00am (AEST) on 26/04/2016 and closes at 9:00am (AEST) on 16/05/2016 (“Promotional Period”).
Permit numbers:
NSW Permit No. LTPS/16/02956. ACT Permit No. TP16/00716. SA Permit No. T16/647
Event:
The Men’s Final of The French Open at Roland Garros on the 5th June 2016 (“Event”).
Entrant:
Entry into the Promotion is open to Australian residents from NSW, QLD, VIC, WA, SA, NT, TAS, ACT and New Zealand aged eighteen (18) years and over, who are available to travel to Paris between 02/06/2016 and 10/06/2016 (“Entrant”).
Entry Restrictions:
1. Entrants must be aged eighteen (18) years or over and a resident of Australia or New Zealand.
2. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible. Immediate families means spouse, partner, 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.
Entry mechanic:
To enter, an Entrant must, during the Promotional Period:
1. Visit http://land.truealliance.com.au/lacoste-french-open-2016-entry.html, follow the prompts to the competition entry page, input their requested details and submit the fully completed online entry form.
2. By entering the Promotion Entrants agree to be added to the Lacoste database and receive communications from the Promoter.
3. Entrants may also receive a bonus entry into the draw. To be eligible for a bonus entry, Entrants must, during the Promotional Period, purchase any Lacoste item at any Lacoste Concept Boutique store, being Pacific Fair, Emporium, Chadstone or Pitt Street, via Lacoste online at www.lacoste.com.au or at any Lacoste Outlet Store, being Homebush, Essendon or Harbourtown during the Promotional Period. Purchases made at any wholesaler will not be eligible.
For clarity, to receive the bonus entry, Entrants must agree to sign up to the Lacoste database (if not done so already) at the time of making their purchase in-store or online.
Online Purchase – If an Entrant has already completed the online entry form, Entrants who make a purchase online via www.lacoste.com.au will receive an automatic bonus entry. If the Entrant has not already completed the online entry form, the customer will be prompted to visit the competition entry page at lacoste.com.au/frenchopen2016 to complete the online entry form, so that they can receive both the original entry and their bonus entry. For the removal of doubt, if the Entrant does not complete the competition entry form, they will not be entered into the draw.
In-store Purchase – If an Entrant has already completed the online entry form, Entrants who make a purchase in-store must notify the Lacoste staff member and provide their email address at the time of making the purchase in order to receive their Bonus entry. If the Entrant has not already completed the online entry form, the customer will be asked by the Lacoste staff member to provide their details including their email address at which point the Lacoste staff member will complete the online entry form for the Entrant on their behalf and the Entrant will receive two (2) entries into the draw (one (1) entry for completing the online entry form and one (1) bonus entry for making an eligible purchase).
Maximum Number of Entries:
1. A maximum of two (2) entries are permitted into the draw per person, one (1) entry for completing the online entry form and one (1) entry for making an eligible purchase.
2. Entrants who make an eligible purchase must retain their original purchase receipt as proof of purchase. Failure to produce the proof of purchase to the Promoter when requested may, in the absolute discretion of the Promoter, render the Entrant’s bonus entry invalid and forfeit their right to the prize. Proof of purchase must clearly specify the store of purchase, the product purchased and demonstrate that the purchase was made during the Promotional Period, but prior to entry.
Prize Draw Details:
1. There is one (1) prize to be awarded for the purposes of this Promotion.
2. The prize draw will be a random selection from all valid entries received during the Promotional Period from a combined database of Australian and New Zealand entries. The first valid entry drawn at random will win the prize.
3. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway Erina NSW 2250 at 1:00pm AEST on 16/05/2016. The Promoter may draw additional reserve entries and record them (in order) in case an invalid entry or ineligible Entrant is drawn.
Prize Details:
1. The prize is a trip for two (2) adults to Paris, France for the Men’s Final of the 2016 French Open on 05/06/2016 valued at up to AUD$12,362 depending on point of departure. The prize includes:
• Two (2) return economy flights to Paris, France from the winners nearest capital city (if winner resides in Australia) or from Auckland (if winner resides in New Zealand) up to the value of AUD$7,500;
• Seven (7) night’s twin share accommodation in a four (4) star hotel in Paris, France up to the value of AUD$2,800;
• Two (2) tickets to the Men’s Final of the French Open at Roland Garros on the 05/06/2016 valued at AUD $652;
• A Half-Day Paris Tour which includes an Eiffel Tower visit followed by a cruise along the River Seine valued at AUD$230;
• Transfers to/from the airport (Paris side only) valued at AUD$120;
• Return taxi transfers to Roland Garros from Hotel on the 5th June 2016 valued at AUD$60; and
• AUD$1,000 shopping spree in a Lacoste Australia Concept Boutique store.
2. All prize values are in Australian Dollars and exclude GST.
3. The prize must be taken to coincide with the Men’s Final of the 2016 French Open on 05/06/2016 with flights departing on 02/6/2016 and returning on 10/6/2016 and is subject to booking and availability.
Travel Conditions:
1. Travel and accommodation are subject to availability at all times and may be dependent on selected seat class with airline or specific room category availability with accommodation. The winner and their travel companion must depart and return at the same time using the same air carrier. The winner awarded the prize is responsible for ensuring that all necessary documentation to travel is obtained, otherwise the winner’s entry will be deemed invalid. The winner may be required to present their credit card at time of accommodation check in. Frequent flyer points will not form part of the prize. Itinerary will be determined by the Promoter in its absolute discretion.
2. The winner and their companion must have a valid passport and be eligible to travel on the dates specified to Paris, France. The Promoter recommends that winner and their travel companion have valid travel insurance for the duration of their travel.
3. Ancillary Costs associated with taking the prize (including meals, beverages, laundry services, additional spending money, transport to and front the point of departure, additional transfers, insurance, travel insurance, taxes (excluding flight associated taxes)), and all other ancillary costs not expressly stated in the prize description above are the responsibility of the winner and are not included.
4. The winner’s travel companion must be over the age of eighteen (18) years.
Total Prize Pool:
Total maximum prize pool is valued at up to AUD$12,362 (excluding GST).
Notification of Winner(s):
The winner will be contacted in writing via email and telephone within two (2) business days of the Prize Draw.
Publication Details of Winner(s):
The winner’s details will be published in The Australian newspaper and on the Promoter’s website, lacoste.com.au on 17/05/2016.
UNCLAIMED PRIZE ARRANGEMENTS
Prize Claim Date:
1. The prize must be claimed by no later than 5:30pm (AEST) on 20/05/2016. Failure to do so will result in the prize being forfeited. If the winner is unable to fulfill the prize during the specified time period, the winner forfeits the prize package with no compensation or further liability of the Promoter and the Promoter may award the prize to the next reserve entry drawn..
2. In the event that the Promoter is unable to make contact with the original drawn winner by 5:30pm AEST on 20/05/2016, the original drawn winner will forfeit their prize and an unclaimed prize draw will take place..
Unclaimed Prize Draw Details – Where applicable:
3. A draw for the prize, if unclaimed, will take place at 11:00am AEST on 23/05/2016 at the same time and place as the original draw, subject to any directions from a regulatory authority(“Unclaimed Prize Draw”).
Notification/Publication Details of Winner(s) of Unclaimed Prize Draw:
4. The winner of the Unclaimed Prize Draw will be contacted in writing via email and telephone within one (1) day of the Unclaimed Prize Draw.
5. The winner’s details of the Unclaimed Prize Draw will be published in The Australian and on the Promoter’s website, lacoste.com.au on 24/05/2016.
Terms and Conditions (“Terms”)
1. These Terms must be read together with the Schedule for this Promotion. The Schedule defines terminology used in these Terms. Participation in this Promotion constitutes acceptance of these Terms. Where there is any inconsistency between the Schedule and these Terms, the Schedule prevails.
2. Entry is open only to Entrants of the Relevant Countries who comply with the Entry Restrictions.
3. The Promotion will be conducted during the Promotion Period.
4. To enter the Promotion, Entrants must follow the Entry Mechanic during the Promotion Period.
5. It is the responsibility of each eligible Entrant to ensure that their details, including their phone number and email address are correct and up to date.
6. Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.
7. The Promoter accepts no responsibility for 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. 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. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the Entrant.
8. The draw/s will be conducted in accordance with the Prize Draw Details. Prize/s will be awarded to the valid Entrant/s randomly drawn in accordance with the Prize Draw Details.
9. The Promoters decision is final and no correspondence will be entered into.
10. Prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
11. All entries submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each Entrant warrants that she/he has the right to transfer these to the Promoter.
12. Where a prize includes travel, the prize cannot be taken outside of the dates specified by the Promoter. If the prize is event based, travel must be taken to coincide with the event on the dates specified by the Promoter. The winner and their companion/s must depart and return at the same time using the same air carrier, as specified by the Promoter. No extension will be permitted. Any alterations to confirmed Prize Details will be at the expense of the winner and will only be permitted with the Promoter's prior consent. Any flights and accommodation awarded as part of a prize are subject to booking and availability. All costs associated with a travel prize, which are not specified to be included in the prize, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel documents to travel to the relevant place (including a current passport and visas, if required), otherwise the winner’s entry will be deemed invalid. (It is strongly recommended that the winner and their travel companion/s of the prize acquire adequate travel insurance, where this is not specified as part of the prize.)
13. Where a prize involves the winner:
• Attending an Event, if any part of the Event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant Event and no cash or alternative tickets will be substituted for that element of the prize; and/or
• Meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
14. Where a prize includes tickets, tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets. The ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and Event organisers hereby expressly reserve the right to eject any winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
15. The Promoter may in its absolute discretion, prohibit an Entrant’s participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the Entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.
16. At the Promoter’s request, winners must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, Entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.
17. 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.
18. The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this Promotion, each Entrant requests that his or her full address not be published.
19. If any prize is not claimed in accordance with these Terms, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. The winner/s will have their name and state of residence published in accordance with the Notification/Publication Details of Winner(s) of Unclaimed Prize Draw details.
20. Where requested by the Promoter, any Entrant or winner (and their companion/s, if applicable) (or if an Entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this Promotion and/or providing the prize prior to undertaking any specified activities forming part of the Promotion or prize. If any Entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant Entrant’s or winner’s entry or claim will be deemed invalid.
21. Prizes and participation in this Promotion are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.
22. 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).
23. Without limiting the previous paragraph, the Promoter and its associated agencies and companies and Lacoste Australia as True Alliance and its related bodies corporate will not be liable for any damage to or delay in transit of prizes.
24. Entrants can only enter in their own name. The Promoter reserves the right, at any time, to request the winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the winners’ identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the winners in entering the Promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, the winner’s entry will become invalid. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. The Promoter reserves the right in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms, 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. 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.
25. 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 any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
26. 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, 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.
27. Prizes are not transferable or exchangeable (except as set out in these Terms), nor can they be redeemed for cash, unless otherwise specified. The prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured. 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 in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. 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, subject to the approval of the relevant authorities in the Relevant Country, if required. The Promoter will not replace any lost or stolen prizes.
28. The Promoter accepts no responsibility for any tax implications that may arise from winning or receiving the benefit of the prize. 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. 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 failures 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 Country, if required.
30. All entries will be the property of the Promoter. 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 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 https://lacoste.com.au/page/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. The Promoter will not disclose Entrant’s personal information to any entity outside of Australia
31. Nothing in Conditions 22 and 23 or these Terms generally affects an Entrant’s rights under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law and Fair Trading Act 2012 (Vic) or similar legislation regarding implied conditions and warranties and limitations of liability to the extent that such implied conditions and warranties and limitations of liability cannot be excluded by law.
32. Without limiting any other release or limitation of liability contained in these Terms, the associated entities will not be liable for any indirect or consequential loss suffered by any Entrant caused by any acts or omissions of the associated entities, their directors, employees, agents and contractors arising out of or in relation to the Event or the prize unless such liability cannot be excluded by law.
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