LAVAZZA AUSTRALIAN OPEN PROMOTION CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
Promotional period
LAVAZZA AUSTRALIAN OPEN PROMOTION CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
Promotional period
2. The promotion commences at 9:00am (AEDT) on 02/01/2018 and ends at 11:59pm (AEDT) on 14/01/2018 (Promotional Period).
ELIGIBILITY
3. Entry is only open to residents of Australia aged 18 years or older who:
EITHER
(i) follow the hyperlink available on the Lavazza website (Promotional Website) via the URL http://australianopen.lavazza.com.au/ enabling them to enter the promotion (Website Link);
OR
(ii) follow the hyperlink available on the Lavazza Facebook page via the URL https://www.facebook.com/lavazzaaus/ enabling them to enter the promotion (Facebook Link);
AND
(iii) fully and correctly complete and successfully submit the online personality survey (Survey) via the Website Link or Facebook Link (as applicable) in the manner required;
AND
(iv) in the event that their entry is judged to be a winning entry, are able to travel to and remain in Melbourne for one (1) night on 20/01/2018 during the period 20/01/2018 to 21/01/2018 in order to participate in a prize as set out in Conditions 13–14.
(together, an Entrant).
4. The directors, management and employees (and their immediate families) of the Promoter, and their 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.
How to enter
5. To enter the Promotion, Entrants must, during the Promotional Period:
a. access the Website Link via digital advertising or the Promotional Website; OR
b. access the Facebook Link via the Promoter’s Facebook page; AND
c. fully and correctly complete and successfully submit the Survey in the manner required; AND
d. fully and correctly provide and successfully submit their name, current and valid email address and phone number after completing the Survey in the manner required and answer the promotional question: ‘Please tell us, in 25 words or less, why Lavazza should take you to the Australian Open 2018?’,
(together, an Entry).
6. Only one (1) Entry per person is permitted. Any subsequent entry of an Entrant after the first valid Entry is received from that Entrant will be deemed invalid.
7. Entries must be received during the Promotional Period. 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 will deem their Entry invalid.
8. Costs associated with accessing the Website Link, Facebook Link and Survey remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
9. Facebook membership, notifications, pages, applications and use of Facebook generally is subject to its prevailing terms and conditions of use at www.facebook.com/policies. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook.
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.
WINNER DETERMINATION
11. All eligible Entries will be judged by a panel of appropriately qualified judges by 11:00am (AEDT) on 15/01/2018 at 107 Regent Street, Chippendale NSW 2008 to determine two (2) winners. All eligible Entries will be judged on a basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. The winners will be notified in writing and/or by phone within one (1) day of the judging. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. The judges’ decision is final and no correspondence will be entered into.
PRIZE
12. The two (2) eligible Entries judged to be the best from all eligible Entries received during the Promotional Period will each win one (1) travel prize to Melbourne, Australia for one (1) night during the period 20/01/2018 – 21/01/2018 for the winner and one (1) companion aged 18 years or older, valued at up to AUD$1,500.00 depending on point of departure. The prize comprises the following elements:
(a) two (2) return economy airfares (including airfare related taxes and charges) for the winner and their companion from the Australian capital city airport closest to the ordinary residential address of the winner to Melbourne, Australia. If the winner lives in Victoria, Australia, this component of the prize is forfeited; and
(b) one (1) nights' accommodation (twin share) in a minimum three star hotel (as determined by the Promoter in its sole discretion) for the winner and their companion; If the winner lives in Victoria, Australia, this component of the prize is forfeited
(c) return transfers to and from the destination airport and the destination hotel; and
(d) two (2) x General Admission tickets to the Australian Open on 21/01/2018.
13. The prize must be taken on 20/01/2018 – 21/01/2018 to coincide with the Australian Open on 21/01/2018, otherwise the prize is forfeited. All components of the prize must be taken together and when offered or are forfeited. The winner and their companion (if any) must travel together and depart from and return to the same departure point. The winner and their companion (if any) may not accrue frequent flyer points. No extension or variation of the travel and/or accommodation date(s) nominated by the Promoter permitted. The prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by a licensed agent nominated by the Promoter.
14. All additional costs not expressly stated, but which may be incurred in acceptance and use of the prize, are the responsibility of the winner and their companion (if any). Such additional costs may include, but are not limited to meals and beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the prize, insurance and travel insurance. The winner may be required to present a credit card at time of accommodation check-in.
15. The winner(s) 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, event organisers and any other prize suppliers, and in particular behaviour and safety requirements. The winner and/or their companion (if any) must follow all reasonable directions given by the Promoter and any event organiser or prize supplier during the course of their participation in the prize, including all directions in relation to responsible consumption of alcohol, behaviour and safety. The Promoter and any event organiser or prize supplier reserve the right, in their absolute discretion, to refuse entry into or departure out of any prize related venue or location, to disqualify, sanction and/or eject the winner and/or their companion from any prize related venue or location, 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 (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.
16. The Promoter reserves the right to request a winner and their companion (if any) 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 and their companion (if any) before issuing a prize and at any time during their participation in a prize (if applicable).
17. It is a condition of accepting and participating in a prize that a winner and their companion (if any) 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.
18. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes 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. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST (depending on point of departure).
GENERAL
19. 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 a prize, and any information submitted by the Entrant in entering the promotion, before issuing a 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.
20. 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 competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
21. Each entrant whose Entry is judged to be one (1) of the best Entries must confirm their eligibility to be awarded a prize and their ability to accept a prize within one (1) day of being successfully notified by the Promoter that their Entry has been judged as one (1) of the best Entries, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact the Entrant who submitted one (1) of the best Entries within one (1) day of the judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept a prize, the Promoter may, in its sole discretion, award the prize to the next Entry judged to be the best. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Conditions of Entry, be deemed a winner of the judging.
22. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.
23. As a condition of entering this promotion, each Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s Entry, name, locality (including suburb and State of 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.
24. As a condition of participating in the prize, the prize winner must procure that the winner's companion (if any) also consents 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.
25. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
26. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.
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.
28. It is a condition of accepting a prize that a winner may be required to sign a legal release or release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
29. 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).
30. Nothing in these Conditions of Entry restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
31. Subject to the previous paragraph, 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 Australian Consumer Law), 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 claims or prizes; and/or (iv) acceptance and/or use of any prize.
32. Any attempt to cause malicious damage or interference with the normal functioning of the Facebook Link, Website Link, Survey or the information on the Facebook Link, Website Link or Survey to otherwise 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. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
33. All of the Promoter’s decisions in respect of all aspects of the promotion are final and no correspondence will be entered into.
PRIVACY
34. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (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.
35. The Promoter will provide to each Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), 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).
36. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at info@lavazza.it. 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 by contacting the Promoter or via the Promoter’s website http://www.lavazza.com.au/au/lavazza-world/privacy.html and includes information about:
(i) how to seek access to the Personal Information the Promoter holds about the Entrant and seek correction of the information; and
(ii) how to complain about a privacy breach and how the Promoter will deal with such a complaint.
37. By entering the promotion and opting-in in the manner required, 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 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 and opting-in, 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.
38. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “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.
39. Promoter: Lavazza Australia Pty Ltd (ABN 94 605 275 107) of 117 Church Street, Hawthorn, VIC 3122. Phone: 1300 307 171
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