KEN BLOCK // MONSTER ENERGY COMPETITION
Terms and Conditions
1. Information on how to enter forms part of these conditions of entry. Participation in this promotion constitutes acceptance of these conditions of entry.
2. The promoter (“Promoter”) is Schweppes Australia Pty Ltd (ACN 51 004 243 994) of 111 Cecil Street, South Melbourne VIC 3025.
3. Entry to the promotion is open to all eligible entrants aged 15 years and over who fulfil the entry requirements. Entrants aged under 18 years must obtain permission from their parent/guardian to enter the promotion.
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this promotion are ineligible. “Immediate families” means spouse, parent, guardian, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
4. The promotion (”Promotion”) begins on 6/06/2011 and closes: 11.59.59 pm (Melbourne time) on 30/09/2011. (“Promotion Period”).
5. To enter, consumers must purchase any 500mL ‘Original’ Monster or 4 X 500mL ‘Original’ Monster product (“Product”) during the Promotion Period then either:
(a) send an SMS from their mobile phone to 1999 9776 giving their details and the last five digits of the product barcode in one message in the following format:
Computer generated entries will not be accepted. OR
(b) go to www.monsterenergy.com and complete the online Promotion entry form, including personal details and the last five digits of the Product barcode.
Multiple entries are allowed. Only one entry is allowed per Product. Each entry must be received during the Promotion Period.
A combined maximum of 5 entries per person per day is allowed.
6. If an entrant submits more than 10 entries, for each Product used for their 11th and subsequent entries, the entrant must retain a copy of the receipt from the purchase that identifies it as an item purchased during the Promotion Period. Purchase receipt(s) must clearly specify the store of purchase and evidence that the purchase was made during the Promotional Period and prior to the entry date.
Failure to provide copies of purchase receipts to the Promoter upon request may result in an invalid entry (and, at the Promoter’s discretion, in all of the entrant’s entries being invalid).
7. SMS entry is only open to consumers with a compatible mobile phone connected to a service provider which permits text messaging to the Promotion SMS number. It is recommended that entrants check with their individual service provider in this regard. The maximum cost of the SMS is 55 cents (inc GST). Entrants aged under 18 years must obtain permission from their parent/guardian to enter the promotion. Entries sent outside the Promotion Period cost a maximum of 55c (inc GST), but are ineligible for entry.
8. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
9. All draws will be conducted at Tigerspike Pty Ltd Level 1/28 Richards Ave Surry Hills NSW 2010.
10. A daily draw (“Daily Draw”) will be conducted on each day at 1:00pm, from 7/06/2011 until 1/10/2011 inclusive. All entries received by the Promoter by 12:59:59pm on the day of a Daily Draw (during the Promotion Period) will be entered into the Daily Draw. There are a total of 117 Daily Draws.
11. The first valid entry randomly drawn in a Daily Draw will win a daily prize (“Daily Prize”). There are 117 Daily Prizes. Each Daily Prize is a Ken Block/DC prize pack comprising one (1) DC shoe voucher ($150 RRP) and one (1) DC/Monster t-shirt ($49.95 RRP; size as specified by Promoter) valued at $199.95 (inc GST). Total value of Daily Prizes: $23,394.15 (inc GST).
DC shoe vouchers must be redeemed online at www.dcshoes.com.au. Redemption of vouchers is subject to the terms and conditions of the voucher. All vouchers are valid for 6 months from the date of issue (unless otherwise stated on the voucher) and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter shall not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
12. There will be a final draw (“Final Draw”) at 1:00pm, on 4/10/2011. All entries received during the Promotion Period will go into the Final Draw.
13. The first valid entry randomly drawn in the Final Draw will win the major prize. The major prize is a AU$75,000 Ford car voucher.
The winner will select a car from an authorised Ford dealership (details of authorised dealerships will be advised by the Promoter) up to the value of $75,000 (inc GST), which must also include one year’s registration, one year’s compulsory third party insurance, dealer delivery and statutory charges. The major prize does not include comprehensive insurance or any other accessories not specified. If the winner of the major prize is under the age of 18 years as at the closing date of the promotion, the major prize will be awarded to the winner’s parent or guardian on behalf of the winner. The winner or his or her parent or guardian (as the case may be) (“Deemed Winner”) is responsible for arranging their attendance at the premises of the authorised dealer to select and collect the vehicle. The Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim a vehicle, the Deemed Winner must be capable of obtaining registration of the vehicle in his or her name in accordance with the applicable legislation in the State or Territory in which the vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise unable to register the vehicle in his or her name then he or she may, notwithstanding any condition set out in these conditions of entry to the contrary, assign the vehicle to another person with legal capacity for the purpose of registering the vehicle.
The major prize is valued at $75,000 (inc GST).
14. The total prize pool is valued at up to $98,394.15 (inc GST).
15. At the Promoter’s request, winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material.
16. The Promoter, its associated agencies and companies, and the agencies and companies associated with this promotion will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
17. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.
18. Winners will be notified in writing. The name and state of residence of the major prize winner will be published in The Australian on 11/10/2011. The Promoter may also publish the name and the State/Territory of residence of the winners on its website or in a trade publication. By entering this Promotion, each entrant requests that his or her full address not be published.
19. Prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation. In the event for any reason a prize winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. The value of the prizes is accurate as at the commencement of this promotion. The Promoter accepts no responsibility for any variation in the value of a prize after that date. If for any reason a prize is not available, the Promoter reserves the right to substitute another item for it, in its sole discretion, of equal or higher value, subject to the approval of the gaming authorities in each State/Territory, where relevant.
20. The Promoter may require entrants to validate any one or all of their entries in the promotion at any time during the promotion prior to being eligible to claim a prize. The Promoter may require the winner to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of compliance with any other eligibility or entry criteria. Identification considered suitable for verification is at the Promoter’s discretion.
21. If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of the prize will be determined by drawing a further valid entry. The judges’ decision is final and no correspondence will be entered into.
22. The Promoter’s decision not to enforce a specific condition does not constitute a waiver of that condition or of the Conditions of Entry in general.
23. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
24. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.
25. In the event of a prize not being accepted or claimed within 3.5 months of the Final Draw, the relevant prize winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws at 3:00pm (Melbourne time) on 19/01/2012 at the same location as the original draw, as are necessary to distribute the prize(s). If applicable, any winners of unclaimed prizes will be notified in writing and (where the prize is valued at >$250) published in The Australian on 24/01/2012.
26. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of the promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
28. Authorised under NSW Permit No. LTPS/11/02368; Vic Permit No. 11/484; ACT Permit TP 11/00828.1; SA Licence No. T11/xx