1. Information on How to Enter and prizes form part of these Conditions of Entry.
2. All Entrants into this Promotion are deemed to have accepted these Conditions of Entry.
3. The Promotion is only open to individuals who:
I. are residents of Australia; and aged 18 years or older
II. are not employees (or immediate family of such employees) of the Promoter, or any of its related corporations or any of their agencies associated with the Promotion; and
III. have not won a prize/prizes valued either individually or collectively at more than $5,000 from the Promoter, or in any contest run by the Promoter, in the prior 12 month period prior to the commencement of this Promotion; and
IV. have not been discovered to have used or attempted to use any more than one name in order to qualify to win any contest run by the Promoter except in the case of a legal change of name; and
V. have not been discovered to have breached Conditions of Entry of previous contests run by the Promoter (?Entrants?).
?Immediate family? means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
4. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry 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 Conditions of Entry generally.
5. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person?s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of a prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
6. The Promoter?s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
7. All prices stated are in Australian dollars, represent the recommended retail price (?RRP?) and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Saving Time (AEDST) depending on the date. All times are stated using the 24 hour clock.
8. The Promotion commences 07 June 2010 at 00:01 and final entries close 04 July 2010 at 23:59 (?Promotion Period?).
9. All Prize Draws will be conducted at Prime Focus Suite 104/55 Beach Street Port Melbourne Victoria 3207.
10. The Major and Minor Prize Draws will occur on 14 July 2010 at 12:00 noon.
11. All winners will be notified by telephone and mail. The Major Prize Winner will have their details (initial, surname and postcode) published in The Australian on 10 August 2010.
(a) an Eligible Entrant who is not a resident of Western Australia and a prize remains unclaimed or is forfeited for any reason the Promoter may conduct a further draw or draws as the Promoter deems necessary to distribute any unclaimed prize, subject to any written directions under relevant Lottery and Gaming Regulations (?The Unclaimed Prize Draw?). The Unclaimed Prize Draw (if any) shall take place on 27 October 2010 at 12.00 noon at 104/55 Beach Street Port Melbourne Victoria 3207. Unclaimed Prize Draw winners (if any) will be notified by telephone and mail. In the event of an Unclaimed Prize Draw winner of the Major Prize, the Major Prize Winner will have their details (initial, surname and postcode) published in The Australian on 23 November 2010.
(b) an Eligible Entrant who is a resident of Western Australia and a prize remains unclaimed or is forfeited for any reason the Promoter will retain their prize until 20 July 2011 before seeking directions from the Department of Gaming, Racing and Liquor, Western Australia.
13. To enter Entrants must purchase any specially marked Dilmah product (?Promotional Products?) from any participating outlet during the Promotion Period (?Qualifying Purchase?). Promotional Products will be specially marked with a promotional sticker (?Sticker?).
14. The Eligible Entrant must peel the Sticker from the Promotional Product purchased from any participating outlet and send a fully completed entry form found on the reverse of the Sticker, together with their product barcode in a stamped addressed envelope to:
Dilmah Tea Spa Escape Promotion
PO BOX 217
Port Melbourne VIC 3207
EACH ENTRY MUST RELATE TO A SEPARATE QUALIFYING PURCHASE.
15. Multiple entries accepted subject to:
I. each entry must relate to a separate Qualifying Purchase
II. each Mail Entry must be in a separate stamped addressed envelope, on an original Sticker with the product barcode attached.
16. All entries in the Promotion may be subject to verification by the Promoter, including:
I. All Entrants MUST deliver to the Promoter (by such means as is determined in the absolute discretion of the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win, including but not limited to evidence of age, residence or identity (?additional documentation?). The Promoter may make one or more requests for additional documentation. Once the identity of such additional documents is established, the Entrant must deliver the additional documents within 7 days of being asked to do so. At the Promoter's request, an Entrant MUST also, within 7 days of being asked to do so, allow the Promoter to inspect and copy the original of any such document.
17. The Promoter may, at its absolute discretion, disqualify any Entrant/s and declare any or all entries made by an Entrant/s invalid if the Entrant/s:
I. Tampers with the entry process,
II. Shares proof of purchase requirements in order to gain competitive advantage over other Entrants; or
III. Tampers with the operation of the Promotion; or
IV. Is found to be using multiple aliases or household addresses; or
V. Acts in a disruptive manner; or
VI. Fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction; or
VII. Fails to produce items as required or produces items that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
VIII. Acts in violation of these Conditions of Entry.
18. Entrants can only enter in their own name.
19. Post Office boxes, Private Bags, Locked Bags or Common Boxes will not be accepted as postal addresses.
20. No responsibility will be taken for lost, stolen, damaged Proof of Purchase or late or misdirected entries.
21. Incomplete, indecipherable or illegible entries, entries which are not in the required format or which contain offensive or defamatory comments, are not eligible to win.
22. Errors and omissions accepted at the Promoter's discretion.
23. The first valid entry drawn in the Major Prize draw will win one (1) Spa Endota Trip (?Trip?) for two (2) adults aged 18 years or over to Melbourne valued at $5,450 (inc. GST)
The Trip includes:
I. Return economy airfares for two (2) people to Melbourne, Victoria from the Major Prize Winners nearest Capital City valued at $2,870 (inc. GST);
II. All airport and airline taxes;
III. Two (2) nights twin share accommodation in Melbourne at a Hotel as nominated by the Promoter (4 stars) (?Accommodation?) valued at $800 (inc. GST);
IV. Return transfers between Melbourne airport and the Accommodation valued at $300 (inc. GST);
V. $500 to be awarded in the form of a cheque made payable to the Major Prize Winner;
VI. Endota Spa Package for the Major Prize Winner and the nominated travel companion valued at $390 each (inc. GST); and
VII. Endota organic product pack for the Major Prize Winner and the nominated travel companion valued at $100 each (inc. GST)
24. In order to be entitled to participate in the Trip, the Major Prize Winner and their nominated traveling companion must comply with these Conditions.
25. If the Major Prize Winner resides within Victoria, then flights and airport transfers are not included as part of the Trip and no cash will be offered in lieu of the value of this component of the Prize.
26. The Major Prize Winner must book the Trip within three (3) months of the Major Prize Draw date and must book at least 60 days prior to traveling on the Trip. The Trip must be taken before 4th January 2011.
27. Once booked, changes to the traveler details, travel, flights or accommodation arrangements can not be made.
28. All components of the Trip must be taken together as a single Trip to be booked by the Promoter. Any part of the Trip that is not taken for any reason is forfeited.
29. The Trip does not (except as expressly stated) include:
I. any transport between a traveler?s residence and the departure airport; or
II. any overnight accommodation while traveling to the departure airport or destination; or
III. any other travel or accommodation; or
IV. any incidental hotel charges (such as mini-bar charges, telephone calls, in house movies, food and beverages); or
V. any insurance (such as travel or health cover) however the Promoter may require them to sign a waiver prior to travel; or
VI. any other ancillary costs which may be incurred by those traveling on the Experience, including but not limited to any.
30. The Prize Winner must hold a valid credit card to present on check in at the accommodation, to cover any incidental hotel charges.
31. Participation in the Trip is subject to such other terms and conditions as may be imposed by those involved in staging the and/or those involved in providing other goods or services included in the Prize ("Third Party Terms").
32. The Major Prize winner and nominated traveling companion participating in the Trip are responsible for compliance with Third Party Terms and bears all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behavior while a participant in the Trip. The Promoter assumes no liability (and will provide no compensation) to the Major Prize winner and nominated traveling companion who, as a result of any failure to comply with any Third Party Terms:
I. is unable to participate in the Trip (or any part of it); or
II. suffers any other loss or damage.
33. The Major Prize winner and nominated traveling companion (where applicable) must, if requested by the Promoter, agree to and sign:
I. an eligibility form confirming their compliance with the Conditions and eligibility to accept the prize and/or participate in the prize (not applicable for nominated travel companion); and
II. a liability release, waiver and/or indemnity in respect of their participation in the Major Prize, in a form determined by the Promoter and in favour of the Promoter and/or any person or other entity associated with this Promotion.
A person who does not comply with this condition forfeits their prize and/or right to participate in the prize.
A reply paid address will be provided
34. The next 20 valid entries drawn in the Minor Prize Draw will each win one (1) Breville Professional 800 Collection Varied Temperature Kettles (?Kettle?) valued at RRP $149.95 each (inc. GST).
The Kettle includes; variable electronic control, 5 temperature control for optimal tea brewing, quiet boil technology, 1.7 Litre capacity, fast boil 2400 Watt, non-slip handle with stainless steel covering, clear view front water window, brushed stainless steel body and base, cushion controlled lid, safety auto cut off and boil dry protection and keep warm function.
35. The total promotional prize pool is valued at $8,449 (inc. GST)
36. Limit of one (1) Minor Prize may be awarded per person (except for SA residents).
37. All Prizes must be taken as stated. Prizes are not transferable or exchangeable and cannot be taken as cash.
38. Prizes 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 a prize is obtained through any of these methods, it will not be honored.
39. Unless expressly stated within these Conditions of Entry regarding all prizes, all other expenses become the responsibility of the winner.
40. Prizes will be delivered at the cost of the Promoter to the residential address specified by the prize winners.
41. In the event that for any reason a prize winner does not take the whole or part of a prize at the time stipulated by the Promoter then that whole or part of the prize will be forfeited by the prize winner. Neither cash nor other form of compensation will be supplied in lieu of the forfeited whole or part of the prize.
42. The Promoter is neither responsible nor liable for any change in prize value of the prizes occurring between the date of printing Promotion materials and the date the prizes are claimed.
43. The Kettle (or components of) may require assembly and installation which is the responsibility of the winner.
44. Where relevant, the prize winners should look to the manufacturer of products and services awarded as prizes for all warranties. However, these Conditions of Entry do not exclude or limit the application of any statutory provision (including a provision of the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
45. If for any reason a prize is no longer capable of being redeemed, the prize winner/s will receive a prize, as determined in the absolute discretion of the Promoter of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant Regulatory Gaming Authorities.
46. The Promoter and the agencies and companies associated with this Promotion take no responsibility for any prizes being damaged in transit, or for any delay in delivery of any prizes or for the prizes becoming lost or stolen after it or they have been delivered to, collected by and/or released to the prize winner(s).
47. A prize will only be awarded where the prize winner?s proof of purchase and, if applicable, additional documentation fulfils all of the requirements of the Promoter?s verification tests and procedures. All tests and procedures are determined by the Promoter at its absolute discretion.
48. If a winning entry selected is deemed not to comply with the terms and conditions of this Promotion, the entry will be declared invalid and a new prize winner will be determined by drawing a further valid entry.
49. To the full extent permitted by law, the Promoter, its associated companies and agencies its employees servants and agents exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Entrant and/or Prize winner in connection with the Promotion or prizes, including but not limited to:
I. any indirect, economic or consequential loss;
II. any loss arising from the negligent act or omission of any party;
III. any liability for personal injury or death
50. The prize winners must, at the Promoter?s request, participate in all promotional activity (such as publicity and photography) relating to the winning of a prize, free of charge, and they consent to the Promoter using their name and image in promotional material
51. The prize winner/s shall be solely liable for any tax and/or other financial liabilities and/or implications that may arise from the prize winnings and shall keep the Promoter harmless in respect thereto. Independent financial advice should be sought by prize winners in so far as they consider it necessary.
52. There will be a total of 20,000 Stickers available for distribution in the Promotion
53. Confirmation of printing errors and other quality control matters will not be used as a reason for refusing payment of a prize.
54. Promotional materials are void if stolen, forged, mutilated or tampered with in any way.
55. If for any reason this Promotion is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, subject to the approval of the authorities that have issued permits for its conduct.
56. The Promoter assumes no responsibility for and shall not be liable for any incorrect or incomplete information which may be communicated in the course of the administration of this Promotion.
57. 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 refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.
58. All entries become the sole property of the Promoter.
59. All personal information Entrants provide (?Personal Information?) will be used by the Promoter for the purpose of conducting this Promotion. If the Personal Information requested is not provided, the Entrant may not participate in the Promotion.
60. All Entrants consent to the storage of their Personal Information on the Promoter's database and the Promoter may use the Personal Information for future Promotion, marketing and publicity purposes regarding its products, including contacting the Entrant in the future for the Promoter?s or its related entity?s marketing purposes 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 media including media not yet in existence unless an Entrant has marked the "opt-out" box on the Sticker.
61. The Promoter may disclose Entrants' personal information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.
62. Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address below. Should an Entrant?s contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.
63. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.
64. The Promoter is Promoter is Dilmah (Australia) Pty Ltd. of 21-31 Goodwood Street Richmond VIC 3121 ABN 83057782304
Authorised under NSW Permit No. LTPS/09/10326; VIC Permit No 09/3647; ACT Permit No. TP 09/04454; SA Permit No. T09/2668