TERMS AND CONDITIONS SCHEDULE
Promotion: Bubly x Michael Bublé Consumer Promotion
Permit number(s): Authorised under NSW Authority No. TP/00510, SA Permit No. TP23/774.
Promoter: PepsiCo Australia Holdings Pty Limited (ABN 25 079 719 743), 799 Pacific Highway, Chatswood NSW 2067, phone 1800 025 789.
Bottler: Asahi Beverages Pty Ltd (ACN 004 243 994), 58 Queensbridge Street, Southbank, Victoria 3006.
Entry Restrictions: Entry to the Promotion is open to Australian residents (excluding NT and TAS), aged 18 years and over who fulfil the entry requirements.
Directors, managers, 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 9:00am (AEST) on 12/06/2023. Ends at 11:59pm (AEST) on 06/08/2023 or once the Promoter announces on the Promotional Website and the Promoter’s social media pages that all fifteen (15) Eligible Products (defined below) have been located and purchased (whichever occurs first).
Entry Mechanic: To enter, individuals must complete the following steps during the Promotion Period:
(1) locate and purchase an Eligible Product. For clarity, clues to where each Eligible Product is located will be posted on the Promoter’s social media pages. There will be a total of fifteen (15) Eligible Products in this Promotion (made up of three (3) in each capital city (across NSW, VIC, SA, WA and QLD), one (1) of which will be located in Woolworths Supermarket, one (1) in Coles Supermarket and one (1) in Metcash Supermarket);
(2) once the Eligible Product has been located and purchased, entrants must scan the on-pack QR code (which will direct individuals to the promotional website www.bublypromo.com.au (Promotional Website));
(3) individuals must then follow the prompts to complete the entry form by providing the requested details (including first name, last name, phone, email address, and clear photograph of the purchased Eligible Product);
(4) submit the entry form by continuing as prompted on the Promotional Website.
Entrants must retain a copy of their original purchase receipt as proof of purchase. For clarity, photograph of the specially marked Eligible Product will be checked against Promoter’s database.
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.
Each valid entry will be entered into the Prize Draw (as detailed below) for a chance to win the Prize (as detailed below).
Eligible Product: Any of the following specially marked Bubly products featuring Michael Bublé’s signature, Limebubly 8pk.
Maximum Number of Entries: Multiple entries permitted, subject to the following: (a) only one (1) entry is permitted per Eligible Product; (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) Unique Code per entry is permitted; (d) the same Unique Code cannot be used more than once; and (e) unrecognized codes will be deemed invalid.
Determining Eligible Product Locations: The locations of the Eligible Products will be allocated by the Bottler in consultation with the Promoter. As noted above, there will be a total of fifteen (15) Eligible Products placed in selected stores by the Bottler’s sales representatives, with three (3) Eligible Products to be allocated to each capital city (across NSW, VIC, SA, WA and QLD), one (1) of which will be located in Woolworths Supermarket, one (1) in Coles Supermarket and one (1) in Metcash Supermarket.
Upon submitting the entry form on the Promotional Website, Entrants will be notified immediately on screen that they are provisional entrants into the Prize Draw. Once the Promoter has verified the entry, the Entrant will receive a follow up email confirming they have been entered into the Prize Draw.
Prize Draw: There will be a draw for the Prize at Anisimoff Legal, G13, 3 Amy Close, North Wyong NSW 2259 at 12pm (AEST) on 08/08/2023. The first valid entry drawn will be deemed the winner of the Prize.
Prize: There is one (1) Prize to be won in this Promotion, valued at up to A$16,499 (depending on winner’s point of departure). Prize includes:
• return economy flights for two (2) adults from winner’s nearest Australian capital city to Vancouver, Canada
• all airport and airline taxes;
• five (5) nights of accommodation at a 4-star hotel (twin share) including daily breakfast for two (2) people;
• Meet & Greet opportunity with Michael Bublé in Canada during the winner’s trip (location and timing to be confirmed by the Promoter as per Michael Bublé’s schedule);
• airport transfers and transfers to and from Meet & Greet event; and
• A$3,500 spending money.
Prize value set out above is the RRP (including GST) in Australia and is correct at the time of printing. Flights and accommodation are subject to booking and availability. All other costs associated with the Prize, including but not limited to insurance and other ancillary costs are the responsibility of the winner (and their travel companion). The winner and their travel companion are responsible for ensuring that they have all necessary documents to travel to Canada, including a travel passport and any visas that may be required. Prize is subject to exclusions and/or block out periods and winner must travel on the dates specified by the Promoter, which will be a date between 1 January 2024 and 30 September 2024 (inclusive) (subject to availability).
Total Number of Prizes: One (1).
Total Prize Pool: A$16,499.00
Notification of Winner(s): Prize winner will be notified by phone and email within two (2) business days of the Prize Draw.
Winner Publication: Winner of the Prize will be published at www.bublypromo.com.au from 15/08/2023.
Unclaimed Prize Draw: A draw for the Prize (if unclaimed) may take place at Anisimoff Legal, G13, 3 Amy Close, North Wyong NSW 2259 at 12pm (AEST) on 11/09/2023, subject to any directions from a regulatory authority. Winner, if any, will be notified by email within two (2) business days of the draw and any winner will have their name published at www.bublypromo.com.au from 18/11/2023.
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 (and the Bottler) accept 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 will be awarded to the winner drawn in accordance with the Prize Draw. The Promoter’s decision is final and no correspondence will be entered into.
9. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these Terms 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.
10. All entries become the property of the Promoter and cannot be returned.
11. 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 this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
12. 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.
13. 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 the Prize.
14. 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
15. The winner will be notified in accordance with the Notification of Winner(s).
16. The winner will be announced in accordance with the Winner(s) Publication.
17. In the event of the Prize not being accepted or claimed, the Prize will be distributed in accordance with the Unclaimed Prize Draw.
18. The Promoter accepts no responsibility and will not offer any alternative in the event that the meeting with Michael Bublé cannot be offered for reasons which are out of the Promoter’s control.
19. Spending component of the Prize will be awarded in the form of an electronic funds transfer (EFT). Winner is responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
20. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Prize. Prize is subject to the standard terms and conditions of individual prize components and service providers.
21. The winner and their guest must travel together, including travelling on the same flights and staying in the same accommodation. No compensation or alternative travel plans will be arranged should the winner and/or their guest miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the sole responsibility and expense of the winner and their guest. A credit card imprint will be required from the winner at check-in to the hotel for all incidental charges.
22. In the event that an element of the Prize is cancelled or postponed for any reason, the winner agrees to forfeit the specified element and no cash alternative offer will be granted in lieu of the part of the Prize. Unless expenses are expressly stated in these Terms and Conditions to be expenses which are part of the Prize, all other expenses incurred by the winner and their guest in preparation for, or during the trip, are the responsibility of the winner and their guest, including but not limited to all other meals, insurance and any applicable insurance excesses, spending money (above what is outlined), incidentals, mini-bar, laundry, room service, telephone calls and all other ancillary costs are not included.
23. All travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with an accommodation partner. Prize is subject to exclusions and/or block out periods and must be taken between 1 January 2024 and 30 September 2024 (includsive) and is subject to availability. For clarity, the Promoter will provide twelve (12) weeks notice to the winner as to when Michael Bublé is able to offer the “Meet & Greet” opportunity and travel arrangements will be made accordingly. Winner must travel on the dates specified by the Promoter. Prize is not available during any Australian public holiday or national holiday periods. Prize winner and travel companions must have valid travel insurance for their period of travel. Travel companions must be over the age of 18 years of age.
24. It is the responsibility of the winner and their guest to ensure that they have full and correct documentation for travel and other travel documentation (including, without limitation, proof of COVID-19 vaccination in an appropriate form, if required) at their own cost.
25. In lieu of receiving the Prize, the winner can elect to receive a cash payment of A$16,499 via EFT to their nominated bank account. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies. For clarity, in the event that the winner cannot travel on the dates specified by the Promoter, they will be required to elect to receive the cash payment in lieu of receiving the Prize.
26. The Promoter and its associated agencies and companies (and the Bottler) 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 a Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
27. The Promoter may require the winner 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. If there is a dispute as to the identity of a winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the winner.
28. 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.
29. If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won the 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.
30. Prize is not transferable or exchangeable, nor can it be redeemed for cash, unless otherwise specified. 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.
31. 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).
32. Entrants acknowledge that there are inherent risks in some aspects of the Prize and 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
33. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
34. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
35. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend, substitute or modify a Prize, subject to any written directions from a relevant regulatory authority.
36. 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.
37. 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.
38. 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).
39. 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.
40. 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://www.pepsico.com.au/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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia.
41. The information entrants provide will be used by the Promoter’s agency 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 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-policy. 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.
42. 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.