TERMS & CONDITIONS:
The promoter is Subway Franchisee Advertising Fund of Australia Pty Ltd (ABN 21 071 190 317) of Level 1, 42 Amelia Street, Fortitude Valley, Queensland 4006 (Promoter or SFAFA).
The prize provider is Coca-Cola Amatil (Aust) Pty Limited (ABN 68 076 594 119) of 40 Mount Street, North Sydney, NSW 2060 Australia (CCA or Prize Provider).
TERMS & CONDITIONS:
The promoter is Subway Franchisee Advertising Fund of Australia Pty Ltd (ABN 21 071 190 317) of Level 1, 42 Amelia Street, Fortitude Valley, Queensland 4006 (Promoter or SFAFA).
The prize provider is Coca-Cola Amatil (Aust) Pty Limited (ABN 68 076 594 119) of 40 Mount Street, North Sydney, NSW 2060 Australia (CCA or Prize Provider).
While SFAFA is the Promoter of this Promotion, Prime Focus Enterprises (ABN: 96 138 299 288) (Prime Focus) of Level 1, 500 Chapel Street, South Yarra, VIC 3141 have been hired by SFAFA as Administrator of the Promotion (Administrator).
Information on how to enter and prize information form part of these terms and conditions of entry (Terms and Conditions).
Participation in the Promotion is deemed acceptance of these Terms and Conditions.
The entrant is responsible for ensuring his or her familiarity with the Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of the Terms and Conditions generally.
All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
The Promoter’s decision in relation to any aspect of these Terms and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
Outlets participating in the Promotion are Subway® restaurants located in Australia (Participating Outlets). Please see www.subway.com.au/Store-Locator for Participating Outlet locations.
PROMOTION PERIOD
The Promotion will commence at 12.01am AEDT on 05/12/2016 and conclude at 11.59pm AEDT on 15/01/2017 (Promotion Period). Entries received before or after the Promotion Period will not be accepted.
WHO CAN PARTICIPATE
Entry in the Promotion is only open to permanent Australian residents aged 13 years and over, (Eligible Entrants). If the entrant is under the age of 18 years they must obtain prior consent from their parent or legal guardian to enter and the parent or legal guardian may be required to verify the granting of consent and/or sign a release, agreeing to be bound by these Terms and Conditions, at the discretion of the Promoter. Failure of an entrant’s parent or legal guardian to verify consent and/or sign a release under this paragraph will invalidate all of the entrant’s entries.
The following persons are not eligible to enter the Promotion:
management, employees, directors and contractors of the Promoter, its related entities including but not limited to Franchise World Headquarters LLC, Doctor’s Associates Inc, Subway IP Inc, Subway Realty Pty Ltd and Subway Systems Australia Pty Ltd, Subway® franchisees and their employees, and any other agencies, firms or companies associated with the Promotion (including suppliers of the prizes);
the immediate family of a person referred to in paragraph 11(a) including but not limited to a spouse, de-facto spouse, parent, guardian, child or sibling, grandparent, uncle, aunt, niece, nephew, brother, sister or 1st cousin;
persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter,
The persons referred to in paragraph 11(b) of these Terms and Conditions includes natural and non-natural relations (in the opinion of the Promoter). The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
HOW TO PARTICIPATE
To enter and be eligible to win, Eligible Entrants must, during the Promotion Period:
purchase any Subway® Sub, Salad or Wrap and an Eligible Drink (as defined in paragraph 14) in one (1) transaction from a Participating Outlet and collect their purchase receipt at time of purchase (Qualifying Purchase);
visit www.subway.com.au using a compatible browser; and
Existing Subway Eat Fresh® Club members must login, using their log in details, and then follow the links to the online Promotion entry form (Online Entry Form) to fully complete and submit the Online Entry Form by:
providing the receipt number from their Qualifying Purchase receipt;
providing their contact telephone number; and
indicating their acceptance of these Terms and Conditions (Eligible Entry).
Or -
Non Subway Eat Fresh® Club members must follow the links to the Online Entry Form and fully complete and submit the Online Entry Form by:
providing their receipt number from their Qualifying Purchase receipt;
providing all personal details required including, but not limited to, their first and last name, postcode, date of birth, contact telephone number and email address; and
indicating their acceptance of these Terms and Conditions (Eligible Entry).
BE OR BECOME A SUBWAY EAT FRESH® CLUB MEMBER TO RECEIVE BONUS ENTRIES
While Non Subway Eat Fresh® Club members will have the option to join the Subway Eat Fresh® Club as part of the Online Entry Form, this is not a condition of entry. However, entrants will receive an automatic additional entry into the next scheduled Weekly Draw and Major Prize draw if they are a member of the Subway Eat Fresh® Club at the time of entry.
ELIGIBLE DRINKS
The following beverages are Eligible Drinks for the purpose of this Promotion – post mix or bottled variety of Coca-Cola, Diet Coke, Coke Zero, Coca-Cola Life, Vanilla Coke, Sprite, Lift, Lift Hard Hitting Lemon, Fanta, Mount Franklin, Pump, Deep Spring, Glaceau Vitaminwater, Powerade and Goulburn Valley products (Eligible Drinks). Please note that not all Eligible Drinks may be available in a Participating Outlet.
ENTRY LIMITS
Multiple Eligible Entries are permitted, subject to the following:
only one (1) Eligible Entry is permitted per Qualifying Purchase / receipt, regardless of whether more than one (1) SUBWAY® sub, wrap or salad and more than one (1) Eligible Drink was purchased in that Qualifying Purchase; and
an Eligible Entrant may submit a limit of one (1) Eligible Entry on any given day during the Promotion Period; and
each Eligible Entry must be submitted separately and in accordance with these Terms and Conditions.
BONUS ENTRIES
Bonus entries may be offered by the Promoter throughout the Promotion Period at its discretion. Where an Eligible Entrant has received promotional communication from the Promoter containing a bonus entry code, then, at the time of entering the Promotion in accordance with paragraph 12(c), they enter the provided bonus entry code in the relevant field, they will receive the nominated bonus entry/s in the Promotion. The bonus entry code will expire on the date specified in the promotional communication.
SHARING VIA SOCIAL MEDIA
After submitting an Eligible Entry, entrants that share the Promotion via Twitter or Facebook will be awarded one (1) additional entry in any future draw/s (Weekly Draw/Major Prize Draw) that they have an entry in. To share the Promotion, entrants must, once an entry is submitted, click on the Twitter or Facebook icon and follow the prompts. Entrants warrant that the individuals they intend to refer the promotion to are Australian residents who consent to receiving such communications from the entrant.
ENTRIES GENERALLY
Any costs associated with accessing the Promotion site are the entrant’s responsibility and are dependent on the internet service provider used.
The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by that entrant invalid.
Incomplete, indecipherable or incorrect entries are not eligible to win.
Entries are deemed to be received at the time of receipt into the Promoter's database, not the time of transmission by the entrant.
Entrants can only enter the Promotion in their own name or using their own Subway Eat Fresh® Club account. Entrants who enter using multiple aliases (e.g. multiple names or email addresses) will be disqualified.
VERIFICATION
Eligible Entrants must retain their original receipt corresponding to each entry they submit in the Promotion in order to claim a prize (if won). Eligible Entrants are advised to retain their original receipt(s) until all scheduled prize draws, including the Re-Draw, are complete.
Receipt(s) must clearly show the SUBWAY® restaurant of purchase, the items purchased, the date of purchase, the receipt number and that the purchase was made during the Promotion Period but prior to submitting the relevant Eligible Entry(s). Unrecognisable, damaged or otherwise indecipherable receipts will be deemed invalid.
If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion:
appropriate photo identification or other documentation, required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if won) and compliance with these Conditions of Entry; and
their original receipt(s) that correspond(s) to all entries they have submitted in the Promotion.
Prize winners must, if requested by the Promoter, agree to and sign a liability release in a form to be determined by the Promoter in its discretion.
If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed invalid.
A prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction. In the event that an Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit their prize and no substitute will be offered.
PRIZE DRAWS
All random electronic prize draws will be conducted by the Administrator at Prime Focus, Level 1, 500 Chapel Street, South Yarra, VIC 3141 (Draw Location).
The Administrator may draw reserve entries in any draw and record them in the order in which they were drawn to use in the instance an invalid entry or ineligible entrant is drawn (Reserve Entries).
WEEKLY DRAWS AND WEEKLY PRIZE DETAILS
There will be six (6) weekly prize draws in the Promotion (Weekly Draws). Entries will be entered into the corresponding Weekly Draw only and will not be entered into subsequent Weekly Draws (if any). The Weekly Draw schedule is as follows –
Weekly Draw Entries Start Entries Close Drawn
Weekly Draw 1 12.01am AEDT 05/12/2016 11.59pm AEDT 11/12/2016 12 noon AEDT 12/12/2016
Weekly Draw 2 12.00am AEDT 12/12/2016 11.59pm AEDT 18/12/2016 12 noon AEDT 19/12/2016
Weekly Draw 3 12.00am AEDT 19/12/2016 11.59pm AEDT 25/12/2016 12 noon AEDT 28/12/2016
Weekly Draw 4 12.00am AEDT 26/12/2016 11.59pm AEDT 01/01/2017 12 noon AEDT 03/01/2017
Weekly Draw 5 12.00am AEDT 02/01/2017 11.59pm AEDT 08/01/2017 12 noon AEDT 09/01/2017
Weekly Draw 6 12.00am AEDT 09/01/2017 11.59pm AEDT 15/01/2017 12 noon AEDT 16/01/2017
The first five (5) Eligible Entrants with an Eligible Entry/s drawn in each Weekly Draw will win the prize indicated in the table below:
Weekly Draw Weekly Prize
Weekly Draw 1 $500 Ticketmaster voucher
Weekly Draw 2 $500 Flight Centre voucher
Weekly Draw 3 $500 Rebel Sport voucher
Weekly Draw 4 $500 Coles Group & Myer Gift Card
Weekly Draw 5 $500 BCF voucher
Weekly Draw 6 $500 Red Balloon voucher
Each Weekly Prize will be awarded to the respective winner via email to their nominated email address within 28 days of winner verification. Each winner should refer to their Weekly Prize email for prize specific terms and conditions, how to redeem and expiry details.
MAJOR PRIZE DRAW AND MAJOR PRIZE DETAILS
There will be a major prize draw conducted from all Eligible Entries received in the Promotion (including Eligible Entries drawn in the Weekly Draws) at 12 noon AEDT on 16/01/2017 (Major Prize Draw).
The first Eligible Entrant with an Eligible Entry drawn in the Major Prize Draw will win AUD$100,000 awarded to the winner via direct bank transfer to their nominated Australian bank account or via cheque, at the Promoter’s discretion (Major Prize).
NOTIFICATION OF WINNERS
Winners will be notified by phone and in writing via email.
The Promoter is not responsible for any undelivered emails due to an entrant’s spam filters or email settings.
Weekly Prize winners will be advertised on www.subway.com.au within 15 business days of the respective Weekly Draw.
The Major Prize winner will advertised on www.subway.com.au from 27/01/2017.
At the Promoter’s discretion, winners may also be celebrated by the Promoter via social media and within email communications (eDM’s) sent to Subway Eat Fresh® Club members.
RE-DRAW (IF ANY)
If a winner is not contactable or does not claim their prize by 11.00am AEST on 19/04/2017, a replacement winner will be drawn from the relevant Reserve Entries. If there are no available Reserve Entries, a random electronic re-draw will be conducted at 12 noon AEST on 19/04/2017 at the Draw Location by the Administrator from all remaining Eligible Entries received in the Promotion, subject to any directions from the relevant state/territory gaming departments (Re-Draw).
NOTIFICATION OF RE-DRAW WINNER/S (IF ANY)
The Re-Draw winner/s (if any) will be notified by phone and in writing via email, and advertised on www.subway.com.au from 11/05/2017.
GENERAL
The total prize pool available to be won in the Promotion is up to $115,000 RRP (including GST).
An Eligible Entrant may win a limit of one (1) Weekly Prize in the Promotion (excluding residents of South Australia).
If a prize is won by an Eligible Entrant under 18 years of age, the prize will be awarded to their parent/guardian on the winner’s behalf.
Prizes must be taken as offered and may not be varied. Prizes are not transferable or exchangeable. Weekly Prizes are not redeemable for cash.
All costs associated or arising in connection with a prize are the responsibility of the respective prize winner.
The Promoter shall not be liable for a prize being lost, stolen, damaged or tampered with in any way before it reaches the winner or after it has been released to the winner.
The Promoter accepts no responsibility whatsoever for any variation in the value of the prizes from the time of printing Promotion materials.
If the Promoter is unable to provide a winner with the nominated prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize, subject to any directions given by state and/or territory gaming departments.
The Promoter accepts no responsibility whatsoever for any entries not received for any reason during the Promotion Period. The Promoter is not responsible for technical difficulties or equipment malfunction with the entry mechanism. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.
If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud, war, terrorism, state of emergency disaster or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to relevant gaming regulations, including cancelling, terminating, modifying, postponing or suspending the Promotion.
Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
The:
Promoter, the Promoter's related entities, the Participating Outlets, and all agencies associated with the Promotion; and
the employees, agents, directors and contractors, of all entities referred to in paragraph 53(a),
shall not be liable for any loss or claim, action, demand, liability (including negligence), damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of a prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
The prize winners must, at the Promoter's request, participate in any Promotion activity (such as, but not limited to publicity, advertising, filming and photography) relating to the winning of a prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material in perpetuity.
The Promoter accepts no responsibility whatsoever for any tax liabilities that may arise from winning or receiving the benefit of a prize and independent financial advice should be sought by winners.
CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
PERSONAL INFORMATION
Immediately upon submission by an entrant, all entries become the sole property of the Promoter.
All information entrants provide (Personal Information) will be used by the Promoter for the purpose of administering this Promotion, contacting and verifying the winners and awarding prizes.
The Promoter may disclose entrants' Personal Information to its contractors and agents (some of these third parties may be located overseas in the United States of America) to assist in conducting this Promotion and as required, to Australian regulatory authorities.
Subway Eat Fresh® Club members agree to receive offers from the Subway Eat Fresh® Club and understand that the information they provide will be entered into a database and may be used by the Promoter, the Promoter's related entities, and agencies engaged by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.
Should an entrant's Personal Information change during the Promotion Period, it is the entrant's responsibility to update or correct their Personal Information held by the Promoter.
Subway Eat Fresh® Club entrants can update their details in their Subway Eat Fresh® Club account by following the links at www.subway.com.au/Eat-Fresh-Club.
All other entrants can update their details by using the following contact details:
Mail: SFAFA Privacy Officer
Subway Franchisee Advertising Fund of Australia Pty. Ltd.
Level 1, 42 Amelia Street
Fortitude Valley, QLD 4006
Telephone: (07)3216 0665
Facsimile: (07)3852 4081
Email: privacyofficer_au@subway.com
PRIVACY POLICY
Participation in the Promotion is deemed acceptance of the Promoter’s Privacy Statement, located at www.subway.com.au/Summer-Promotion-Privacy-Policy which describes, among other things, the types of Personal Information that may be collected from the entrant, how the Promoter may use the entrant's Personal Information, when the Promoter may share the entrant's Personal Information, who the entrant's Personal Information may be shared with, how the Promoter protects the entrant's Personal Information when the entrant enters the Promotion, how the entrant may opt-out (if previously opted-in), access, update, or correct Personal Information that the entrant provided the Promoter upon entering the Promotion, how and/or who the entrant may complain to if the Promoter breaches any applicable law regarding the use of Personal Information, and how the Promoter may deal with such complaints.
The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (The Privacy Amendment (Enhancing Privacy Protection) Act 2012) as well as any other applicable laws.
There is no association or endorsement or sponsorship arrangement between the Promoter and Facebook Inc. Participation in the Promotion is dependent on all participants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php
Authorised under Permit Numbers – NSW LTPS/16/08121, SA T16/1755 & ACT TP 16/01944.
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