ZAFARELLI – THE ONLY ITALIAN YOU NEED TO KNOW CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and the prize forms part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
ELIGIBILITY
ZAFARELLI – THE ONLY ITALIAN YOU NEED TO KNOW CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and the prize forms part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
ELIGIBILITY
2. Entry is only open to residents of Australia and New Zealand aged 18 years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
PROMOTIONAL PERIOD
3. The promotion commences at 12:01am (ACST) for Australian residents (3:31am NZST for New Zealand residents) on 17/05/2017 and ends at 11.59pm (ACST) for Australian residents (3:29am NZST for New Zealand residents) on 11/07/2017 (Promotional Period).
HOW TO ENTER
4. To enter, Entrants must, during the Promotional Period:
a. purchase any three (3) Zafarelli products from any store in Australia or New Zealand in the
same transaction (Eligible Purchase);
b. retain the Eligible Purchase’s Proof of Purchase (Purchase Receipt); and
c. visit www.zafarelli.com (Promotional Website) and fully and correctly complete and successfully submit the online entry form in the manner required, including providing the Entrant’s full name, residential address, contact telephone number, current and valid email address and the Eligible Purchase’s unique product barcode numbers. For the avoidance of doubt, the unique product barcode numbers must be provided for each of the three (3) Zafarelli products purchased,
(together, an Entry).
5. Multiple Entries are permitted, however each Entry must be based on a separate Eligible Purchase, must be submitted separately and must independently comply with these Conditions of Entry.
6. Selection of Zafarelli products is subject to availability at each store. Eligible products may not be available for sale in all stores at all times during the Promotional Period. The Promoter accepts no responsibility for any Zafarelli products being unavailable at a store during the Promotional Period.
7. Retain product packaging. Each Entrant must retain and may be required to present proof of purchase of each Eligible Purchase in order to claim the prize. An Entrant may be required to provide to the Promoter proof of purchase for all Entries made, upon request by the Promoter. If an Entrant is unable to provide proof of purchase for all Entries made within the required timeframes, then all the Entries of that Entrant will be ineligible and deemed invalid. Proof of purchase includes showing the original and providing a copy of the Purchase Receipt and original product packaging of each of the three (3) Zafarelli products for each Eligible Purchase made during the Promotional Period. Purchase Receipts must clearly specify where the Eligible
Purchase was made and that the Eligible Purchase was made during the Promotional Period but prior to entry. Product packaging for each of the three (3) Zafarelli products purchased must be intact and must clearly display the Eligible Purchase’s unique product barcode numbers utilised by the Entrant to enter the promotion.
8. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by an Entrant on their entry form will deem their Entry invalid.
9. Costs associated with accessing the Promotional Website remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
10. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
DRAW
11. The draw to determine the winner will take place at 3:00pm (ACST) for Australian residents (6:30pm NZST for New Zealand residents) on 21/07/2017 at 4 Boden Court, Windsor Gardens, SA 5087. The winner will be notified in writing via email within two (2) days of the draw, and their name and locality will be published on the Promotional Website [www.zafarelli.com] on 22/07/2017 and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify the winner of the results of the draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
12. The Promoter may draw five (5) additional reserve Entries in the draw and record them (in order) in case an invalid Entry or ineligible Entrant is drawn or the Entrant is ineligible to accept or declines to participate in the prize. Each Entrant whose Entry is drawn by the Promoter must confirm their eligibility to be awarded the prize and their ability to accept and participate in the prize within 60 business days of being successfully notified by the Promoter that their Entry has been drawn, otherwise their Entry will be deemed invalid. In the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve Entry drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded. If after this process the prize has still not been awarded, or if an Entrant drawn cannot be notified, the Promoter will hold an unclaimed prize draw in accordance with Condition 21.
PRIZE
13. The first eligible Entry randomly drawn from all Entries received during the Promotional Period will win one (1) travel voucher valid for travel to Italy issued by Miles Away Pty Ltd t/a Genesis Travel and Cruise, valued at up to AUD$10,000.00 depending on point of departure at the prevailing exchange rate at 12.45pm on 10/02/2017 (NZD $10,614.26).
14. The travel voucher is subject to its prevailing terms and conditions of use, including expiry dates, and is not replaceable if lost, stolen or damaged.
15. 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 the prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.
16. It is the sole responsibility of the winner to ensure their entry and the entry of their companion(s) (if any) into Italy, at their own expense, including ensuring all necessary passports are valid for six (6) months from date of travel and visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel. Failure to do so may result in the prize being forfeited. The Promoter makes no representation as to the safety
of Italy and it is the responsibility of the winner and their companion(s) (if any) to check the travel advice issued by the Department of Foreign Affairs and Trade at www.smartraveller.gov.au and assess the safety of Italy prior to travel.
17. The winner and/or their companion(s) (if any) must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the prize. Acceptance of the prize and participation in the prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services suppliers and any other prize suppliers, and in particular behaviour and safety requirements. The winner and/or their companion(s) (if any) must follow all reasonable directions given by the Promoter and any prize supplier during the course of their participation in the prize, including all directions in relation to behaviour and safety. The Promoter and any prize supplier reserve the right, in their absolute discretion, to refuse entry into or departure out of the travel destination, to disqualify, sanction and/or eject the winner and/or their companion(s) (if any) from the prize, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, or safety reasons, or for any breach of these Conditions of Entry generally. If the winner and/or their companion(s) (if any) fail to participate in the prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their Entry and the balance of the prize will be forfeited with no compensation payable.
18. The Promoter reserves the right to request the winner 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 identity and age of the winner before issuing the prize.
19. It is a condition of accepting and participating in the prize that the winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
20. The total prize value is AUD$10,000.00 depending on point of departure at the prevailing exchange rate at 12.45pm on 10/02/2017 (NZD $10,614.26). The prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prize must be taken as offered and cannot be varied. The prize cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.
GENERAL
21. The Promoter may conduct a further draw at the same time and place as the original draw as is necessary on 23/10/2017 in order to distribute the prize if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner in the unclaimed prize draw, the winner will be notified in writing via email within two (2) days of the draw, and the name and locality of the winner will be published on the Promotional Website on 24/10/2017 and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify the winner of the results of the unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
22. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant 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 Entrant’s identity, age, residential address, eligibility to enter and claim the prize, and any information submitted by the Entrant in entering the promotion, before issuing the prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.
23. The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) engaging 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 or other compensation from such an offender are reserved.
24. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.
25. As a condition of entering this promotion, each Entrant consents to, in the event they are a winner, the Promoter using the Entrant's name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
26. As a condition of participating in the prize, the winner must procure that the winner's companion(s) (if any) also consent to the Promoter using their name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in the manner set out in this condition and agrees to participate in all reasonable promoted activities in relation to the prize as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
27. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable Australian State or Territory or New Zealand legislation.
28. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable Australian State or Territory or New Zealand legislation.
29. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Laws), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged Entries, prize claim or prize; and/or (iv) acceptance and/or use of any prize.
PRIVACY
30. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prize (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant also agrees
that the Promoter may, in the event the Entrant is the winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant Australian State or Territory or New Zealand lottery legislation.
31. The Promoter will provide to each Entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
32. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer for Australia and New Zealand at info@zafarelli.com. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at www.zafarelli.com/privacy- policy for both Australian and New Zealand residents.
33. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and New Zealand and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
34. In these Conditions of Entry: “Consumer Laws” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia and the Consumer Guarantees Act 1993 in New Zealand. “Personal Information” means in Australia, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not and in New Zealand, for the purpose of the Privacy Act 1993, information about an identifiable individual.
35. Promoter: Australi San Remo Macaroni Company Pty Ltd trading as Zafarelli Foods (ABN 43000228713) of 4 Boden Court, Windsor Gardens, South Australia 5087; telephone: (08) 8334 8200. New Zealand: San Remo Pasta Ltd (Company Number 351892) of 9 Southpark Place, Penrose, Auckland, New Zealand. Telephone (09) 580 1558.
NSW Permit No. LTPS/17/11880. ACT Permit No. TP 17/00362. SA Permit No. T17/336
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