Dr Oetker Win $1 million Pizza Promotion
Conditions of Entry
Promoter
Dr Oetker Win $1 million Pizza Promotion
Conditions of Entry
Promoter
Dr Oetker Australia Pty Ltd (ABN 64 146 677 358), Level 1, 1 Joseph Avenue, Mentone, VIC 3194. Phone: 03 8558 0888.
Entry Restrictions
Open only to individuals who are aged 18 or over except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies associated with this competition.
Background
There are two elements to this competition:
1. Draw element:
The Promoter will obtain details of all residential addresses in Australia (in accordance with Australia Post data) and a draw will be conducted (in accordance with the Initial Draw Details section) to determine the Australian residential property to be the subject of the Door Knock Event.
2. Door Knock Event element:
This element is based on an entrant’s participation in the Door Knock Event (as detailed below), including meeting the Participation Criteria as set out in these Conditions of Entry. Determination of the Prize in this competition will be solely based on the outcome of the Door Knock Event.
Competition Period
12.01am (AEST) on 01/05/17 to 11.59pm (AEST) on 12/06/17.
Participating Product
Any Dr Oetker Ristorante Pizza purchased either during the Competition Period or prior to the competition start date from any retailer that stocks and sells the product.
Registration Process
To register an address, entrants must visit www.oetker.com.au (Website), follow the links to the promotional page and fully complete and submit the online entry form, including by providing their full name, Australian residential address, email address, phone number and any additional information as required by the Promoter.
Entrant
An individual who:
a) is present at the Door Knock Address (regardless of whether or not the address is registered in the competition) when the Promoter arrives at that address on the date of the Door Knock Event; and
b) complies with these Conditions of Entry, including meeting all Participation Criteria.
Registered Entrant
An individual who has registered an address in accordance with the Registration Process and who meets all requirements of these Conditions of Entry, other than the requirement to be present at the Door Knock Address at the time of the Door Knock Event.
Participation Criteria
The Promoter will determine, in its absolute discretion on arrival, if any individual at the Door Knock Address meets these Conditions of Entry including the participation criteria detailed below.
An Entrant or Registered Entrant must:
be aged 18 years or over;
comply with the Entry Restrictions;
open the door of the Door Knock Address within 3 minutes of the Promoter (or Promoter's representative) knocking, ringing a doorbell, or otherwise making their presence audibly known to the inhabitants;
if required, agree to participate in the Door Knock Event including following all reasonable instructions and directions of the Promoter (and its staff and representatives);
if requested, agree to sign any agreements or forms (as provided by the Promoter and any third parties) in relation to their participation in the Door Knock Event and agree to these Conditions of Entry;
if required, agree to allow the Promoter’s approved media crew (including any contractors, sub-contractors and agents) on to the property for the Door Knock Event to take place; and
if required, agree that they (and that any other persons present during the Door Knock Event) may be photographed and/or filmed as determined by the Promoter in its absolute discretion and agree to the use of such photographs and any video footage (if applicable) in accordance with paragraph 10 of these Conditions of Entry.
Draw Details
The initial draw will be conducted by random electronic draw at 12 noon (AEST) on 13/06/17 at Handling Matters, Unit 1, 3 Green Street, Brookvale, NSW 2100 (Initial Draw).
Entries in the Initial Draw will be identified by Australian residential address.
The pool of Australian residential addresses included in the Initial Draw will consist of a list of all valid Australian residential addresses provided to the Promoter by a third party that is authorised to provide such list of all Australian residential addresses to the Promoter for the purpose of conducting the Initial Draw (this will include all Australian residential address that were registered in accordance with the Registration Process).
The first valid Australian residential address drawn in the Initial Draw will be the address that is the subject of the Door Knock Event (Door Knock Address).
If on arrival at the Door Knock Address, the Promoter determines in its absolute discretion that:
i. a Door Knock Address is not accessible, safe, or otherwise suitable for the conduct of the Door Knock Event; or
ii. there is no Entrant or Registered available that complies with the Participation Criteria,
that Door Knock Address will be deemed ineligible and the next valid Door Knock Address will be determined as follows:
The residential address which is one higher in street number on the same street/road/avenue than the previously drawn Door Knock Address (For example, if number 1 [x] Street is ineligible, then the next Door Knock Address will be number 2 [x] Street).
If no Entrant or Registered Entrant is found at the residential address that is the highest street number on the relevant street, the next Door Knock Address will be the lowest street number on the relevant street (and then the street number that is one higher than that). The Promoter will continue this process until an Entrant or Registered Entrant is located or until the Promoter has exhausted 20 residential addresses (whichever occurs sooner).
In the event that no Entrant or Registered Entrant can be determined in accordance with the above process and 20 residential addresses have been exhausted, the Second Chance Draw process will apply.
If an Entrant or Registered Entrant has been identified in accordance with the above process, that Entrant or Registered Entrant will have the opportunity to participate in the Door Knock Event.
Door Knock Event
Following the Initial Draw, the Promoter will host a door knock event on 16/06/17, where representatives of the Promoter will attend the Door Knock Address drawn in the Initial Draw and then follow the procedure set out in the Draw Details section.
An Entrant must answer the door at the Door Knock Address within 3 minutes of the Promoter (or Promoter's representative) knocking, ringing a doorbell, or otherwise making their presence audibly known to the inhabitants. If an Entrant is not identified at the relevant address within 3 minutes, a new Door Knock Address will be determined in accordance with the Draw Details section.
If an Entrant is present at the Door Knock Address, prizes will be awarded as set out in the Winner Determination section.
Winner Determination
Only one person at a Door Knock Address may be a winner, except where two or more Registered Entrants have registered the Door Knock Address in accordance with the Registration Process.
1st Major Prize Winner Determination
If a Participating Product (including product packaging) is located at the relevant Door Knock Address at the time of the Door Knock Event and the address has been registered in accordance with the Registration Process, the 1st Major Prize will be awarded to the Registered Entrant who registered the Door Knock Address (irrespective of whether they were the Entrant who participated in the Door Knock Event).
In the event that the winning Registered Entrant is unable to be located at the relevant Door Knock Address at the time of the Door Knock Event, the Promoter will contact the relevant winning Registered Entrant in accordance with the Winner Notification section of these conditions.
2nd Major Prize Winner Determination
If a Participating Product (including product packaging) is located at the relevant Door Knock Address but the address has not been registered in the competition in accordance with the Registration Process, the Entrant will be the winner of the 2nd Major Prize.
Minor Prize Winner Determination
If a Participating Product is not located at the relevant Door Knock Address, the Entrant will be the winner of the Minor Prize.
For further details on how winners will be determined (including when there are multiple Entrants or multiple Registered Entrants), refer to clause 8.
Prize Details
There is one prize available to be won. Determination of the applicable prize is as detailed in the Winner Determination section above.
Depending on the outcome of the Door Knock Event, the Promoter will award one of the following prizes:
1st Major Prize
The 1st Major Prize is $1,000,000 to be awarded to the relevant prize winner(s) via electronic funds transfer to their nominated bank account(s).
2nd Major Prize
The 2nd Major Prize is $10,000 to be awarded to the relevant prize winner via electronic funds transfer to their nominated bank account.
Minor Prize
The Minor Prize is $1,000 to be awarded to the relevant prize winner via electronic funds transfer to their nominated bank account.
Prizes will be awarded within 28 days of the Door Knock Event taking place.
Prize Pool
The overall total prize pool is valued at up to $1,000,000 (inc GST), depending on the outcome of the Door Knock Event.
Winner Notification and Publication
The winner will be notified in person immediately at the time of the Door Knock Event and their name and state/territory of residence will be published on the Website on 21/06/17 for a period of 28 days.
If a Registered Entrant(s) is unable to be notified in person at the time of the Door Knock Event (i.e. if they are not present at the Door Knock Address), the Promoter will contact them by phone and email immediately after the Door Knock Event and their name and state/territory of residence will be published on the Website on 21/06/17 for a period of 28 days.
Second Chance Draw Details
12 noon (AEST) on 02/10/17 at the same location as the Initial Draw and following the same process set out in the Draw Details section, but excluding any Door Knock Address that has previously been drawn.
Should a Second Chance Draw be required, the Promoter will determine a further date for a second chance door knock event to be held within one week of the Second Chance Draw (Second Chance Door Knock Event) which will be conducted in accordance with the same process as per the Draw Details section.
Second Chance Draw Winner Notification and Publication
Any winner in the Second Chance Door Knock Event will be notified in person immediately at the time of the Second Chance Door Knock Event and their name and state/territory of residence will be published on the Website on 11/10/17 for a period of 28 days.
If a Second Chance Door Knock Event takes place and a Registered Entrant(s) is unable to be notified in person at the time of that Second Chance Door Knock Event (i.e. if they are not present at the Second Chance Door Knock Address), the Promoter will contact them by phone and email immediately after the Second Chance Door Knock Event and their name and state/territory of residence will be published on the Website on 11/10/17 for a period of 28 days.
Permit Numbers
Authorised under NSW Permit No. LTPS/17/12704, ACT Permit No. TP17/00460 and SA Licence No. T17/442.
Information regarding prizes and how to enter forms part of these conditions. By entering or participating, Entrants and Registered Entrants accept these conditions.
The competition will be conducted during the Competition Period. Each entrant who registers in accordance with the Registration Process will receive a return online notification confirming their successful registration into the competition. By registering, entrants consent to receiving this electronic message.
Registrations must be received during the Competition Period. Registrations are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entrants who register using multiple email addresses, phone numbers or aliases may be disqualified. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated registrations may be disqualified.
The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible entries or registrations, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise.
The Initial Draw to determine the Door Knock Address will be conducted at the time, on the date and at the location as stated in the Draw Details.
The prize is as stated in the Prize Details. The prize is not transferable or exchangeable.
The Promoter accepts no responsibility for any disputes arising between any winner, Entrant(s), Registered Entrant(s), other residents, occupiers or visitors of the applicable Door Knock Address.
The Winner will be determined in accordance with the Winner Determination section. Where there are multiple Entrants, Registered Entrants or multiple residents, occupiers or visitors at the applicable residential address at the time of the Door Knock Event, the prize winner(s) will be determined as follows:
In respect of the 1st Major Prize, if there are multiple Registered Entrants that registered the Door Knock Address, the 1st Major Prize will be equally divided between the relevant Registered Entrants.
In respect of the 2nd Major Prize and the Minor Prize, there will only be one prize winner. The prize winner will be determined using the following criteria (in order from i to iii) regardless of which Entrant answered the door:
the winner will be the Entrant whose name is on the certificate of title for the Door Knock Address and, if more than one such Entrant is present, then the eldest of those Entrants; or
the Entrant who is a tenant of the Door Knock Address (and named on the lease of the Door Knock Address) and, if more than one such Entrant is present, then the eldest of those Entrants; or
an Entrant who is ordinarily a resident of the Door Knock Address and, if more than one such Entrant is present, then the eldest of those Entrants; or
if no such Entrants are ordinarily a resident at the applicable address at the time of the Door Knock Event, the Entrant that answered the door will be deemed the winner regardless of their association with the owner/tenant of the applicable residential address provided that they otherwise satisfy all Participation Criteria and agree to participate in the competition in accordance with these Conditions of Entry.
The winner will be notified in accordance with the Winner Notification and Publication section of these conditions. By entering or participating in this competition, each Entrant or Registered Entrant requests that his or her full address not be published.
Registered Entrants, Entrants and winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding both their participation in the Door Knock Event and the receiving of any prize, free of charge, and they consent to the Promoter and third parties authorised by the Promoter using their name and image in promotional material. By entering or participating, Entrants and Registered Entrants consent to being filmed and/or photographed (as advised by the Promoter) for the purpose of promoting this competition and for future marketing by the Promoter for an unlimited period. Any photographs and/or video footage taken by the Promoter (or its representatives) will be owned solely by the Promoter. The Promoter may grant rights to third parties in its discretion to use any such any photographs and/or video footage. The Promoter has complete discretion as to how, where and when any photographs or video footage are used as part of its future marketing campaigns and Registered Entrants consent to the Promoter using any such photographs and/or video footage as outlined in this clause without further consultation or compensation. Entrants and Registered Entrants (including any winner(s)) may be required to sign a release in the form provided by, and in favour of, the Promoter with respect to use of photographs, video footage and other materials featuring or otherwise referring to the Registered Entrant, Entrant or winner.
Any person who participates in the Door Knock Event must fully comply with the Promoter’s instructions and any event rules (if applicable) at all times. Registered Entrants and Entrants must not be under the influence of any alcohol or drug at the time of the Door Knock Event. The Promoter reserves the right to disqualify any Registered Entrant or Entrant in the Door Knock Event who fails to comply with the Promoter’s instructions or these Conditions of Entry.
Any Entrant or Registered Entrant in the Door Knock Event may be required to sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition. If any Entrant or Registered Entrant does not sign the form provided by the Promoter within the time requested by the Promoter, that Entrant or Registered Entrant’s entry or claim may be deemed invalid.
The Promoter may require the Registered Entrant(s), Entrant(s) and/or any winner(s) to provide proof of identity, proof of age or other such documentation reasonably required by the Promoter. Identification considered suitable for verification is at the Promoter’s discretion.
If an Entrant or Registered Entrant who answers the door of a Door Knock Address is deemed not to comply with these Conditions of Entry (including by meeting the Participation Criteria), their entry or participation will be deemed invalid and the Promoter will endeavour to locate another Entrant at the applicable address who does comply with the Conditions of Entry and Participation Criteria. If no such individual can be located at the applicable Door Knock Address a new Entrant or Registered Entrant will be determined by proceeding to next applicable residential address in accordance with the Draw Details section. If a winning Entrant or winning Registered Entrant(s) is deemed not to comply with these Conditions of Entry, their entry or participation will be deemed invalid and a Second Chance Draw will be conducted to determine a new Door Knock Address which will be the subject of the Second Chance Door Knock Event.
The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.
Without limiting clause 11, the Promoter may in its absolute discretion cancel the prize or otherwise cease to provide any benefit of the prize to a winner if the relevant winner, 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 the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.
The Promoter’s decision in respect of all elements of this competition is final and no correspondence will be entered into.
If any prize has not been accepted or claimed for any reason, within 3 months of the Door Knock Event, the relevant winner’s entry will be deemed invalid and, subject to any requirements of the applicable gaming authorities, the Promoter will conduct a further draw (in accordance with the Second Chance Draw Details) to determine the address that is the subject of the Second Chance Door Knock Event and any winner in the Second Chance Door Knock Event will be notified as stated in the Second Chance Draw Winner Notification and Publication.
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, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition 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). Nothing in these 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).
The Promoter may communicate or advertise this competition using Facebook and other social media channels. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook (or any other social media channels). Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, subject to the approval of the relevant gaming authorities if required.
The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will 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.
All entries and registrations will be the property of the Promoter. The information Entrants and Registered Entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect Entrants’ and Registered Entrant’s personal information (including through its contractors or agents) or disclose Entrants’ or Registered Entrants’ personal information to its related companies, contractors and agents to assist in conducting this competition, storing data or communicating with entrants. By entering or participating in this competition, Entrants and Registered Entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the entrant via electronic messaging. By entering and participating in this competition, Entrants and Registered Entrants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988 (Cth). The Promoter’s Privacy Policy, located at http://www.oetker.com.au/au-en/footer/privacy-policy.html, contains information about:
how Entrants and Registered Entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and
how Entrants and Registered Entrants complain about a privacy breach and how the Promoter will deal with such a complaint.
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