Coles/Master Card – WIN concert tickets for you and a friend to see Justin Timberlake live in September

MasterCard is excited to give you the chance to WIN concert tickets for you and a friend to see Justin Timberlake live in September.

For your chance to WIN, simply fill out the form below.

Coles Supermarket Australia (“Promoter”)
Coles MasterCard Promotion (“Promotion”)
Terms and Conditions

1. The Promoter is Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708) of 800 Toorak Road, Hawthorn East VIC 3123.

2. 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 by Internet only via the Coles Website.
Promotion Dates

3. Promotion commences at 5:00pm (AEST) on Monday 11th August 2014 and closes at 11:59pm (AEST) on Monday 18th August 2014 (“Promotion Period”).
Entry Eligibility

4. Participation in this Promotion is only open to Australian residents aged 18 years and over (“Eligible Entrants”) at the time of entry.
Game of Chance

5. This Promotion involves an element of chance.

6. Eligible Entrants are required to visit www.coles.com.au/product-sampling and enter their required details (including selecting which Australian State they would like to go see Justin Timberlake in concert) during the Promotion Period.

7. Eligible Entrants will only be permitted to enter once.
Major Prize Draw

8. Each Eligible Entrant who submits an entry into this Promotion in accordance with these Terms and Conditions will be entered into the Major Prize Draw.

9. The Major Prize Draw will take place at 11:00 (AEST) on Thursday 21st August 2014 at Oxygen Interactive Marketing, 117 Wellington Street, St Kilda VIC 3182. Major Prize winners will be contacted in writing within two (2) business days of the Major Prize Draw and announced on the Coles website page or the Coles Facebook page on Monday 25th August 2014.

10. There are seven (7) prizes available in this Promotion, two (2) double passes for VIC, SA and NSW and one (1) double pass for QLD.

11. The first two (2) valid entries drawn from VIC, SA and NSW will each win a double pass to see Justin Timberlake in concert, valued at $500.

The first (1) valid entry from QLD will win a double pass to see Justin Timberlake in concert, valued at $500.

(Each a “Major Prize”)
Prizes Conditions

12. The maximum prize pool value in each state is: VIC $1,000, SA $1,000, NSW $1,000, QLD $500.

13. The Major Prize will take place for each State on the following dates:
State Date Location
City Number of Major Prizes
VIC 18th September 2014 Etihad Stadium Melbourne 2
SA 23rd September 2014 Adelaide Entertainment Centre Adelaide 2
QLD 26th September 2014 Brisbane Entertainment Centre Brisbane 1
NSW 1st October 2014 Allphones Arena Sydney 2
Total 7

14. The Major Prize tickets cannot be exchanged for alternative dates or venues. Prizes are not transferable or exchangeable and cannot be taken as cash and are subject to concert conditions and availability. The Promoter’s decision is final and no correspondence will be entered into.

15. The Major Prize includes entry to the concert only. Prize does not include travel costs, spending money, meals, transport or any other ancillary costs, which are the sole responsibility of the winner. Any prize winner who cannot attend the concert on the specified date (even if the concert date is changed) forfeits their Major Prize.

16. Value of prizes is shown as a guide only and was correct at time of printing. The Promoter accepts no responsibility for any variation in the prize value. Should the Major Prize be unavailable or superseded, the Promoter reserves the right to substitute a prize of a similar type and value, subject to the approval of the gaming authorities in each State and Territory, where relevant.

17. To the extent permitted by law, the Promoter is not liable for any loss or damage that is suffered (including but not limited to indirect or consequential loss), or for any personal injury suffered or sustained, as a result of entering this Promotion, or receiving, accepting or using any prize (including but not limited to any loss or damage that is suffered as a result of any concert being postponed or cancelled), except for any liability which cannot be excluded by law.

18. Entries will be deemed to be accepted at the time of receipt by the Promoter and not at the time of transmission by the entrant. The Promoter is not liable for any delays in the processing of information or for late, lost or misallocated entries. If for any reason this promotion is not capable of running as planned, including but not limited to reasons due to computer viruses, bugs, tampering, unauthorised intervention, 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 may in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions under State or Territory legislation.

19. The Promoter‘s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria applied by the Promoter in determining the winners, is final and binding on every person who enters. No correspondence will be entered into.

20. Prizes (and parts thereof) are not transferable or exchangeable and cannot be taken as cash.
21. If a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute all or any part thereof with a product or prize to the equal value and/or specification.

22. Delivery details of all prizes will be specified by email or in writing.

23. Should an entrant’s contact details change during the Promotion Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

24. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.

25. As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.

26. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
Unclaimed prizes

27. Subject, where relevant, to any written directions given by the relevant gaming authority, any unclaimed prizes will be awarded in a further draw to be held at 10am on 5th September at Oxygen Interactive Marketing, 117 Wellington Street, St Kilda, VIC 3182. The winners (if any) will be notified in writing and published on the Coles website page or the Coles Facebook page on 8th September 2014.

28. Participants that were not awarded a prize will go into an unclaimed prize draw.
Applications, entries and Entrants

29. Employees (and their immediate families) of the Promoter and their agencies associated with this Promotion are ineligible to enter. 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.

30. The Promoter reserve the right, at any time, to verify the validity of all entries and the eligibility of all entrants, including their identity, age and place of residence, and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.

31. Incomplete, indecipherable or illegible entries will be deemed invalid.

32. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in their sole discretion, to determine the identity and eligibility of the entrant.

33. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.

34. Any costs associated with becoming eligible to apply, applying or participating in this Promotion such as internet access or download costs, will be at the cost of the applicant.
Submission of Content or Material

35. When any entrant submits, produces or distributes any material for this Promotion including, but not limited to messages or sharing of links (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.

36. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter shall not be liable in any way for such Content to the full extent permitted by law.

37. The Promoter may remove any Content that does not comply with these Terms and Conditions. Entrants warrant and agree that:

a) they will not submit, produce, share or distribute any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18 or otherwise unsuitable for publication;

b) they will obtain prior consent from any person in respect of that person or their property that appears in their Content;

c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

d) their Content shall not contain viruses or cause injury or harm to any person or entity;

e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems; and

f) the Promoter reserves the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.

38. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
Variations to the Promotion

39. The Promoter may, in its absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Promotion, as appropriate, if:

a) for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or

b) the entry process, the determination of the prize winners and/or the delivery of the prizes is prevented or hindered by any outside agent or event including but not limited to vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.

40. Where the Promoter does modify, suspend, cancel or in any way amend the Promotion, the Promoter will provide notice of this on the relevant promotion Facebook page (if any) subject to regulatory approval.
Limitation of Liability

41. Except for any liability that cannot be excluded by law, the Promoter (including their officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this Promotion, including, but not limited to, where arising out of the following:

a) any technical difficulties or equipment malfunction (whether or not under the Promoters control);

b) any theft, unauthorised access or third party interference;

c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

d) any variation in prize value to that stated in these Terms and Conditions;

e) any tax liability incurred by a winner or entrant; or

f) participation in the Promotion or use of a Product or prize.

This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws.
Use of personal information

42. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

43. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter, agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter.

44. Oxygen Interactive Marketing will collect personal information from the Promoter in order to conduct the prize draw on the Promoters behalf. Oxygen Interactive Marketing will not release your personal information to any other parties.

45. All entries into this Promotion become the property of the Promoter.

46. The Promoter’s privacy policy can be viewed at www.coles.com.au/Coles/Privacy.
General

47. If any term, agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected.

48. This Agreement is to be interpreted in accordance with the Acts of all the States and Territories within Australia and all parties submit to the jurisdiction of the Courts of Australia.

49. Coles Credit Cards: Credit facility provided by GE Capital Finance Australia (ABN 42 008 583 588) (Australian Credit Licence number 392145). MasterCard and MasterCard brand marks are registered trademarks of MasterCard International. PayPass is the trademark of MasterCard International incorporated.
50. This Promotion is authorised under: NSW Permit No. LTPS/14/06152