1. The “Foodary Christmas Giveaway” promotion (Promotion) is open to residents of Australia aged 18 years or over, except employees and family members of the Promoter and its affiliate companies, agencies and anyone professionally connected with the promotion (‘Entrants’). Family members include spouses, de facto spouses, parents, natural or adopted children and siblings, whether or not they live in the same household as the employee/contractor. By participating in this Promotion, you accept these Terms and Conditions. Entries not made in accordance with these Terms and Conditions will be disqualified.
2. To enter, Entrants must:
a. Follow the @TheFoodary Instagram page;
1. The “Foodary Christmas Giveaway” promotion (Promotion) is open to residents of Australia aged 18 years or over, except employees and family members of the Promoter and its affiliate companies, agencies and anyone professionally connected with the promotion (‘Entrants’). Family members include spouses, de facto spouses, parents, natural or adopted children and siblings, whether or not they live in the same household as the employee/contractor. By participating in this Promotion, you accept these Terms and Conditions. Entries not made in accordance with these Terms and Conditions will be disqualified.
2. To enter, Entrants must:
a. Follow the @TheFoodary Instagram page;
b. Visit the Website https://www.caltex.com.au/christmas during the Competition Period and fully complete the online entry form in the manner required, including by providing their full name, current and active email address and postcode. All valid entries received will be placed into the random electronic prize draw software TPAL ELECTRONIC DRAW SYSTEM, approval No: 1224.
3. There is a limit of One (1) entry per person during the Competition Period.
4. This Promotion commences on 1st December 2020 9:00am AEST and closes at 11:59pm AEST on 12th December 2020 (Competition Period).
5. The Promoter will not consider entries not completed in accordance with these Terms and Conditions or received after the Competition Period has ended. In complete or incomprehensible entries will be discarded. The Promoter accepts no responsibility for lost, late or misdirected entries.
6. The draw will take place at 10am (AEST) on Tuesday 15 December 2020 at L&A Social Media, 28 Richards Ave, Surry Hills NSW 2010.
Prize Details:
7. There are a total of twelve (12) prizes available to be won as follows:
c. The first valid entry randomly drawn from all entries received during the Competition Period will receive one (1) Xbox One X. Valued at $379.00. In case this prize can not be fulfilled by the 16th January 2021 by the prize supplier, Maximus, the winner will receive a Visa Gift Card for $379.00.
d. The second valid entry randomly drawn from all entries received during the Competition Period will receive one (1) Visa Gift Card for $200.00 from the prize supplier Maximus.
e. The third valid entry randomly drawn from all entries received during the Competition Period will receive one (1) Maximus branded cooler valued at $120.00 from the prize supplier Maximus.
f. The fourth valid entry randomly drawn from all entries received during the Competition Period will receive seven (7) cases of Ben & Jerrys Ice cream in varied flavours containing a total of 56 ice cream pints valued at $676.00 from the prize supplier Ben & Jerrys.
g. The fifth valid entry randomly drawn from all entries received during the Competition Period will receive one (1) Dewalt Tradie Radio valued at $400.00 from the prize supplier Patties Foods.
h. The sixth valid entry randomly drawn from all entries received during the Competition Period will receive one (1) Vitorria Coffee capsule machine, a milk frother and Aurora capsules with a combined value of $257.60 from the prize supplier Vitorria.
i. The seventh valid entry randomly drawn from all entries received during the Competition Period will receive six (6) months’ worth of Uber Eats $0 delivery with an estimated value of $1,462.17 by the prize supplier Uber Eats. This value is based on orders at the maximum delivery free of $7.99 for one (1) delivery per day for 183 days.
j. The eighth valid entry randomly drawn from all entries received during the Competition Period will receive x 16 cases of Red Bull 250ml cans in its Original and Sugar Free variants valued at $1,459.00 by the prize supplier Red Bull.
k. The ninth valid entry randomly drawn from all entries received during the Competition Period will receive from the prize supplier MDLZ:
i. i.A year’s supply of OREO cookies, supplied as 46 x OREO Original cookies 133g packs. Year’s supply calculation based on approximate average annual biscuits consumption of 6.2kg for one person valued at $92.00.
ii. ii.ii.A year’s supply of CADBURY DAIRY MILK chocolate, supplied as 27 x CADBURY DAIRY MILK 180g blocks (selection of variants in the prize provider’s discretion and subject to availability). Year’s supply calculation based on approximate average annual chocolate consumption of 5kg for one person valued at $216.00.
l. The tenth valid entry randomly drawn from all entries received during the Competition Period will receive one hundred (100) Mars Chocolate bars valued at $320.00 RRP (inc. GST) from the prize supplier Mars Australia Pty Ltd trading as Mars Wrigleys.
m. The eleventh valid entry randomly drawn from all entries received during the Competition Period will receive one (1) year supply of coffee from Foodary or Star Mart with an estimated value of $1,277.50. This value is based on one (1) regular coffee per day at $4.50 for 365 days awarded in the form of AmpolCash digital. Redemption of AmpolCash; As we roll out our revitalised Ampol service stations across Australia, your local store may be branded Caltex or Ampol, in either case, winners can find their nearest AmpolCash digital accepted stores by heading to our store locator and using the ‘AmpolCash digital accepted’ filter. The use of the Prizes are governed by the AmpolCash terms and conditions and any conditions of entry at your local Ampol or Caltex branded service station. It is your responsibility to ensure that you are familiar with these terms and conditions including the expiry date of the Prize.
n. The twelfth valid entry randomly drawn from all entries received during the Competition Period will receive one (1) AmpolCash digital card for $200.00 from the prize supplier Ampol. Redemption of AmpolCash; As we roll out our revitalised Ampol service stations across Australia, your local store may be branded Caltex or Ampol, in either case, winners can find their nearest AmpolCash digital accepted stores by heading to our store locator and using the ‘AmpolCash digital accepted’ filter. The use of the Prizes are governed by the AmpolCash terms and conditions and any conditions of entry at your local Ampol or Caltex branded service station. It is your responsibility to ensure that you are familiar with these terms and conditions including the expiry date of the Prize.
Total Prize pool value is $6,689.27 RRP
8. The Prizes and use of the Prizes are governed by the terms and conditions of the various prize suppliers. It is your responsibility to ensure that you are familiar with those terms and conditions including, where relevant, the terms of use and / or expiry date of the Prize.
9. Prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation unless stated otherwise in the description of each prize. If a prize is unavailable for any reason, we may substitute it for another item of equal or higher value. Only those items listed in these terms and conditions are included in the prize. Full details of the prize will be supplied to the winner following notification.
10. Each winner will be contacted and notified in writing via email on 15/12/2020 between 11:00am AEST and 5:00pm AEST.
11. Winners must claim their prize by confirming their shipping address within 72 hours of being notified.
12. In the event that any winner does not claim their prize within the period mentioned in clause 11, the Promoter will redraw and select another winner by the same means , the redraw will take place at 10am (AEST) on Monday 21 December 2020 at L&A Social Media, 28 Richards Ave, Surry Hills NSW 2010. Winners of any unclaimed prize will be notified in writing via the email address they provided on entering and must claim their prize by confirming their shipping address within 72 hours of being notified.
13. Winners of the Promotion will have their name published on the Website https://www.caltex.com.au/christmas approximately 24 hours after the final prize draw and will remain on the Website for a minimum of 30 days.
14. Upon claiming, winners details will be shared to the prize supplier as stated in clause 6 for prize fulfillment.
15. Prizes will be shipped to the address provided by the winners via their shipping address provided in clause 11 by the prize supplier.
16. To the maximum extent permitted by law, the Promoter shall not be liable for any loss, damage and/or personal injury suffered by or to the winner and/or his/her friend that occurs as a result of the winner's use or consumption of the prize. All ancillary costs or requirements associated with the Prizes are the winners sole responsibility. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Winners should seek independent financial advice in relation to any tax payable in relation to the Prize.
17. It is against the rules to deliberately modify or decode the application to reveal information which may artificially increase your ability to win. Users who are deemed to have won through fraudulent means will not be eligible for prizes and these prizes will go back into the prize pool for other users to access. The Promoter reserves the right to exclude any entries which it believes to be fraudulent or based on misconduct; infringes a third party’s intellectual property rights, or in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, inflammatory or defamatory language or in any other manner, not in accordance with these Terms and Conditions
18. The Promoter reserves the right to amend, terminate or temporarily suspend this promotion if, in its absolute discretion, it considers it necessary to do so, save that the promoter shall not exercise this right unreasonably, subject to any written approval from a relevant Regulatory Authority.
19. In the event that prizes are required to be posted or couriered to winners, the Promoter, it's agencies and companies associated with the Promotion and prize suppliers, cannot accept responsibility for loss, stolen or damage to prizes in transit. The promoter and prize suppliers cannot accept responsibility for affected delivery times due to COVID restrictions in certain states and territories. The Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss or injury suffered or sustained, to person or property and including, but not limited to, any direct, indirect, special or consequential (including economic) loss arising in any away out of or in relation to (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 lost, late, altered, damaged or misdirected (whether or not after the receipt by the Promoter) for any reason beyond the Promoter’s reasonable control, (d) any variation to the prize value stated in these Terms and conditions (e) any tax liability incurred by the Entrant or a winner), (f) any use of the prizes, or (g) any act or omission, deliberate or negligent, by the Promoter, or its agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner. This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
20. Each Entrant agrees that he/she is fully responsible for his/her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under this Promotion.
21. Each Entrant agrees that he/she is fully responsible for his/her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under this Promotion. The Promoter may remove any entry without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any entry that is unlawful or fraudulent, or that may breach any intellectual property, privacy, publicity or other rights, or that may be defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain full prior consent to the uses contemplated in these Terms and Conditions from any person who has jointly created or has any rights in relation to the entry; (c) their entry does not contain viruses or cause injury or harm to any person or entity; (d) any person whose personal information, including any image included in a photograph or visual recording included in their entry is a person with whom the Entrant has a direct family or friendship relationship, and has consented to the use of his/her image and/or information for and in connection with this Promotion. If the person is under 18 years of age, the person’s parent or legal guardian has provided that consent; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
22. Without limiting any other term in these Terms and Conditions Entrant agrees to indemnify and keep indemnified the Promoter for any breach of the terms above
23. This promotion and these terms are subject to the jurisdiction of the relevant courts sitting in Australian States and Territories.
24. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. It is a condition of entry that entrants provide the personal information requested and consent to the use of their personal information as specified in these Terms and Conditions. If an entrant does not provide the information and consent required, that entrant’s entry will be invalid. The Promoter may, for an indefinite period, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. An entrant may opt out of receiving further communications of this nature from the Promoter by contacting the Promoter. Entrants should direct any request to access, update or correct information by writing to the Privacy Officer at the Promoter’s address set out below. The Promoter will collect and store all personal information in accordance with all applicable Australian laws as well as its privacy policy, available at https://www.caltex.com.au/privacy-and-reporting-policy
25. Entrants are deemed to have accepted these terms and conditions by participating in this promotion. All entries become the property of the Promoter. The winner may be required to take part in reasonable publicity. The promoter may photograph, video and/or film activities relating to acceptance or consumption of the prize. Winners acknowledge that the promoter has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to winners.
26. The Website may not be available for access from time to time during the Competition Period. All access to, and use of, the Website is at the individual’s risk. Any contact details provided incorrectly via the Website will result in the relevant entry being invalid.
27. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook nor Instagram.
28. Entrants understand that they are providing their information to the Promoter, its affiliates and agencies associated with this Promotion, and not to Facebook, Inc.; and release Facebook, Inc. from any liability arising out of or in relation to this Promotion. Facebook, Inc. will not enter into any correspondence with entrants regarding this Promotion.
29. The Promoter is Ampol Australia Petroleum Pty Ltd ABN 17 000 032 128. Level 24, 2 Market Street, Sydney NSW 2000.
30. Ampol Australia Petroleum Pty Limited is a licensee in Australia of the Caltex trademark, but is in the process of transitioning its network of over 1,900 sites to instead trade under its own Ampol trademark.
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