Hoyts Cinemas – an Audi A3 Convertible and $20000 Cash (prize valued at $1,162,130)

TERMS & CONDITIONS
Promotion Hoyts Summer Promotion
Promoter The Promoter is The HOYTS Corporation Pty Limited (ABN 31 006 082 551) of
Level 50, 680 George Street, Sydney, New South Wales 2000.
Promotion Type Game of chance
Promotion Period Promotion Period commences: 09.00am AEDT on 07/12/2017
Promotion Period concludes: 11.59pm AEDT on 31/01/2018 or when the
allocation of unique Promotion entry codes (Promo Codes) is exhausted,
whichever occurs first.
Promo Codes The total number of Promo Codes available in the Promotion across the
Participating Outlets is 1,200,000.
Participating
Outlets
Outlets participating in the Promotion are HOYTS cinemas located throughout
Australia. Please see www.hoyts.com.au for Participating Outlet locations.
Eligible Entrants Entry in the Promotion is only open to Australian residents aged 14 years or
older, who have their parent/guardian’s permission to enter if under 18 years
of age, excluding:
(a) management, employees, directors and contractors of the
Promoter, its related entities, the Participating Outlets and other
agencies, firms or companies associated with the Promotion
(including suppliers of the prizes);
(b) a spouse, de-facto spouse, parent, guardian, child or sibling of
a person referred to above (includes natural and non-natural
relations);
(c) persons who have breached the terms and conditions of any
promotion run by or on behalf of the Promoter.
The Promoter is responsible for determining whether a person is an Eligible
Entrant in its absolute discretion.
How to Enter To enter and be eligible to win, Eligible Entrants must, during the Promotion
Period:
(a) purchase any Eligible Product (as defined below) from a
Participating Outlet (Qualifying Purchase);
(b) collect a Promo Code at the time of making the Qualifying
Purchase (while Promo Codes last);
(c) using a compatible mobile device enter via the HOYTS Cinema
Australia app or visit www.hoyts.com.au and follow the links to
the Promotion entry site (Online Entry Form); and
(d) fully complete and submit the Online Entry Form by providing:
i. their Promo Code;
ii. all details requested by the Promoter, including but not
limited to their first name, surname, date of birth, email
address, residential address and contact phone
number; and
iii. indicating their acceptance of these Conditions of
Entry, (Eligible Entry).
All Eligible Entries submitted in the Promotion will have the chance to win an
Instant Prize and will also be entered in the Major Prize Draw.
Bonus Entries The Promoter may offer bonus entries in the Major Prize draw throughout the
Promotion. If an Eligible Entrant receives communications from the Promoter
conveying the opportunity to receive a bonus entry in the Major Prize draw,
the Eligible Entrant can follow the instructions in such communications to
provide a code word on the Online Entry Form when they next make a
Qualifying Purchase and submit an Eligible Entry in the Promotion to receive
one (1) bonus entry in the Major Prize Draw.
Bonus entries cannot be applied retrospectively.
Limit one (1) bonus entry per Eligible Entry submitted.
Eligible Products The products participating in this Promotion are as follows:
(a) 330ml Glass Beverages – Cascade Ginger Beer, Cascade
Lemon Lime & Bitters, Cascade Sparkling Apple Juice, Coke No
Sugar, Fanta, Lift, Sprite;
(b) 500ml Monster Abzero, 500ml Monster Green
(c) 600ml Coke, 600ml Coke No Sugar, 600ml Diet Coke, 600ml
Fanta, 600ml Kirks Portello, 600ml Lift, 600ml Sprite, 600ml Vanilla
Coke;
(d) Barista Bros Double Strength, Barista Bros Iced Coffee, Barista
Bros Milk Chocolate;
(e) Deep Spring 500ml Varieties – Lemon Lime Orange, Orange
Mango, Orange Passionfruit;
(f) Fuze Ice Tea Varieties – Apple Lemongrass, Lemon Black,
Mango & Cammomile, Peach Black, Raspberry Hibiscus &
Rooiboos, White Peach and Green Tea;
(g) Keri Juice Varieties – Cloudy Apple 300ml, Orange Juice 300ml,
Pop Top Apple Blackcurrant 250ml, Pop Top Orange 250ml;
(h) 750ml Pump Water, 600ml Mt Franklin, 450ml Mt Franklin Lightly
Sparkling, 450ml Mt Franklin Berry Lightly Sparkling, 450ml Mt
Franklin Lemon Lightly Sparkling;
(i) Powerade 600ml Varieites – Berry Ice, Blackcurrant, Blue, Gold
Rush, Lemon Lime;
(j) All Postmix & Frozone Beverages purchased individually, within
a generic combo, or within a promotional combo; and
(k) All Coffee Purchases.
Required
Verification/Proof
of Purchase
Eligible Entrants must retain their Promo Code, corresponding to each entry
they submit in the Promotion in order to claim a prize (if won).
If requested by the Promoter, Eligible Entrants must produce, within the time
requested by the Promoter at its absolute discretion:
(a) appropriate photo identification or other documentation
required by the Promoter to verify their identity, age, eligibility
to enter the Promotion and claim a prize (if won) and
compliance with these Terms and Conditions; and
(b) their Promo Code(s) that corresponds to all entries they have
submitted in the Promotion.
If the items required by the Promoter are not received or an entrant has not
been verified to the satisfaction of the Promoter within the time period
required by the Promoter, the entry(s) submitted by the Eligible Entrant will be
deemed invalid.
A prize will only be awarded following all validation and verification
requirements of the Promoter being met to its satisfaction.
In the event that an Eligible Entrant cannot provide suitable validation or
verification, the Eligible Entrant will forfeit their prize and no substitute will be
offered.
A prize will only be awarded following all validation and verification
requirements of the Promoter being met to its satisfaction.
Instant Prizes Upon submitting an Eligible Entry, the Eligible Entrant will be notified via on-
screen notification whether or not they have instantly won a prize from the
prize pool in Annexure-A (Instant Prize).
If an Eligible Entrant is notified that they have won an Instant Prize, the Eligible
Entrant must follow the on-screen prompts to claim their Instant Prize. All
Instant Prize winners will also receive an email sent to the email address
supplied in their winning Eligible Entry with their Instant Prize and claim details.
Instant Prizes must be claimed in accordance with the on-screen
prompts/Instant Prize email by 11.59pm AEDT 27/03/2018, or forfeited.
Please note that $5 HOYTS Ticket vouchers must be redeemed at a
participating cinema and cannot be redeemed online.
The Promoter is not responsible for any undelivered Instant Prize emails due to
an entrant’s spam filters or email settings.
The total value of Instant Prizes available to be won in the Promotion is
AUD$1,080,300 (including GST).
Major Prize Draw A random electronic prize draw will be conducted from all Eligible Entries and
bonus entries received in the Promotion by a representative of the Promoter
at Prime Focus, Level 1, 500 Chapel St, South Yarra, VIC 3141 (Draw Location)
at 12 noon AEDT on 06/02/2018 (Major Prize Draw).
The Promoter may draw reserve entries in the Prize Draw and record them in
order to use in the instance an invalid entry or ineligible entrant is drawn, or a
prize is not claimed in accordance with these Terms and Conditions (Reserve
Entries).
The first valid Eligible Entrant drawn in the Major Prize Draw will win their choice
of:
a) OPTION 1
a 2017 AUDI, A3 Cabriolet 1.4 TFSI S tronic Petrol valued at up to
$55,830.27 inclusive of all on road costs including dealer
delivery charges, stamp duty, 12 months registration and 12
months compulsory third party insurance; and
AUD$20,000 awarded to the winner via direct bank transfer to
their nominated Australian bank account or via cheque, at the
Promoter’s discretion,
OR
b) OPTION 2
AUD$50,000 awarded to the winner via direct bank transfer to
their nominated Australian bank account or via cheque, at the
Promoter’s discretion,
(Major Prize). The Major Prize winner must communicate their choice of prize
from the options above within the time period specified by the Promoter.
The second valid Eligible Entrant drawn in the Major Prize Draw will win $6,000
worth of Qantas flight vouchers (awarded as two (2) x $3,000 vouchers),
(Minor Prize).
Prize Vehicle
Conditions (if
applicable)
These clauses apply if the Major Prize winner selects Major Prize OPTION 1.
The winner may select colour of the prize vehicle, pending availability
(excludes metallic paint).
The prize vehicle will be delivered to the winner’s nearest Audi dealership
within 8 weeks of winner confirmation pending availability. The Major Prize
winner will be required to make their own way at their own expense to the
dealership in order to collect the prize vehicle.
Additional options/extras are not included with the prize vehicle.
Any number plate details used in promotional materials are representational
only. The Promoter may require the winner to register the prize vehicle with
number plates provided, number plates will be brand related and the winner
will be required to retain the number plates on the prize vehicle for a minimum
of 12 months from registration.
In accepting the prize vehicle, the winner acknowledges that the winner may
incur ongoing costs associated with the prize vehicle which are the entire
responsibility of the winner (such as, but not limited to petrol and
comprehensive insurance).
The Major Prize winner must provide the Promoter with their full name, address
and current Australian driver’s license prior to the awarding of the prize
vehicle. The prize winner must provide the Promoter with certified copies of all
required documentation as and when required by the Promoter before the
prize vehicle is awarded.
If the Major Prize winner is, through any legal incapacity or otherwise, unable
to register the Prize vehicle in his or her name then he/she may,
notwithstanding any other provision of these Terms and Conditions, transfer
the prize vehicle to another person with legal capacity for the purpose of
registering the prize vehicle in Australia.
The prize vehicle must be registered before the prize vehicle can be
collected.
Minor Prize
Conditions
Qantas flight vouchers have the following conditions of use:
(a) The vouchers will be valid for 12 months from date of issue and will be
sent to the winner by email within 4 weeks of verification
(b) The vouchers must be used for Qantas flight only bookings
(c) The vouchers are valid for airfares on Qantas operated routes departing
Australia
(d) The vouchers can be used for multiple transactions (any cost over the
value of the voucher/s must be paid by the winner)
(e) All bookings and travel are subject to Qantas booking conditions
(f) The vouchers are not transferable, cannot be redeemed for cash, and
is non-refundable. Qantas is not responsible for lost, damaged or stolen
vouchers.
No compensation will be payable if the winner is unable to use the vouchers
as stated. A voucher cannot be transferred to any other person, unless
agreed to by the Promoter. It is a condition of accepting a voucher that the
winner accepts the conditions of use of that voucher. Voucher must be used
within 12 months of the issue.
The Minor Prize winner and any others who accompany the Minor Prize winner
on any travel booked as part of the Minor Prize are responsible for obtaining
(at their own cost) insurance, passports, visas, airport transfers, entry permits
and anything necessary to benefit from the Minor Prize.
If the Minor Prize winner is under 18 years of age they must be accompanied
by their parent/guardian to participate in travel as part of the Minor Prize.
Prize Pool The total maximum prize pool available to be won in the Promotion is up to
AUD$1,162,130.27 RRP (including GST).
Notification of
Major Prize Draw
Winners
The Major Prize Draw winners will be notified in writing and by phone, and will
also be advertised on www.hoyts.com.au from 01/03/2018.
Re-Draw (If Any) If the Major Prize or Minor Prize is won by an Eligible Entrant and they do not
claim their prize or the prize is returned to the Promoter by 11.00am AEST on
07/05/2018, a replacement winner will be selected from the Reserve Entries. If
there are no available Reserve Entries, a random electronic re-draw will be
conducted at 12 noon AEDT on that date at the Draw Location by a
representative of the Promoter from all remaining entries received in the
Promotion, subject to any directions from the relevant state and/or territory
gaming departments (Re-Draw).
Any un-won Instant Prizes will be distributed in the Promoter’s discretion.
Notification of Re-
Draw Winner/s (If
Any)
Re-Draw winner/s (if any) will be notified in writing and by phone, and will also
be advertised on www.hoyts.com.au from 01/06/2018.
Entry Limits Eligible Entrants may collect one (1) Promo Code for each Eligible Product
purchased in a Qualifying Purchase. For the avoidance of doubt, if an Eligible
Entrant purchases five (5) Eligible Products in one (1) transaction, will they be
issued five (5) Promo Codes.
Eligible Entrants may submit a limit of eight (8) entries on any given day during
the Promotion Period, subject to each Eligible Entry corresponding to a
separate Promo Code.
Permit Numbers NSW LTPS/17/20014, SA T17/2191 & ACT TP 17/02335.
Annexure-A – INSTANT PRIZE DETAILS
Instant Prize Value Quantity to be Won Total Value
Free Small Postmix $6.80 10,000 $68,000
Free Small Frozone $7.70 9,000 $69,300
Free Small Popcorn $7.95 15,000 $119,250
Free M&M’s or Maltesers $6.95 10,000 $69,500
Free Choc Mountain $6.10 10,000 $61,000
Free Smiths Chips $5.50 7,500 $41,250
Free Mainstream Ticket $21.00 10,000 $210,000
Free LUX Ticket $42.00 1,000 $42,000
$5 Movie Ticket Voucher $16.00 25,000 $400,000
97,500 $1,080,300
GENERAL CONDITIONS
1. Details above and the following clauses collectively form the terms and conditions of this
Promotion (“Terms and Conditions”).
2. Each entrant is responsible for ensuring his or her familiarity with these Terms and
Conditions at the time of participation. Participation in this Promotion is deemed
acceptance of these Terms and Conditions. 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 these Terms and Conditions generally.
3. The Promoter’s decision in relation to any aspect of these Terms and Conditions and the
Promotion is final and binding on every person who participates. No correspondence will
be entered into.
4. Any values stated in these Terms and Conditions are in AUD/RRP/including GST.
5. If a prize is won by an Eligible Entrant under 18 years of age, the prize will be awarded to
their parent/guardian on the winner’s behalf.
6. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all existing
claims to Instant Prizes will be met even in the instance that the advertised prize pool is
exceeded. Printing errors/other quality control matters will not be used as a sole reason
for refusing issue of a prize.
7. Entrants can only participate in the Promotion in their own name. Entrants who enter
using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be
disqualified.
8. If more than one (1) person attempts to claim a prize, the Promoter has sole and absolute
discretion to determine which of those persons the winning entrant is.
9. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even
if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a
prize to the ineligible person. Payment of the prize value to the Promoter may be required
by the Promoter if this occurs.
10. Incomplete, indecipherable or incorrect entries will be deemed invalid. Entrants are
responsible for ensuring their correct personal details are provided and any updated
details are notified to the Promoter. The Promoter accepts no responsibility should an
entrant fail to receive/claim their prize because of a failure to notify the Promoter of
correct details or of a change to their details, or for providing invalid information.
11. Entries are deemed to be received at the time of receipt into the Promoter’s database.
12. The Promoter does not warrant that the entry mechanism will be available/Participating
Outlets will be open at all times during the Promotion Period.
13. The Promoter is not responsible for any undelivered emails due to an entrant’s spam filters
or email settings.
14. The Promoter shall not be liable for a prize (or component of a prize) being lost, stolen,
damaged or tampered with in any way before it reaches an entrant or after it has been
released to an entrant.
15. The Promoter may, in its sole discretion, declare any entry or entrant invalid if the entrant:
(a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these
things to the Promoter, another entrant or potential entrant of, or anyone else
associated with, this Promotion;
(b) submits an entry that is not in accordance with these Terms and Conditions or
who tampers with the entry process; or
(c) engages in conduct in relation to this Promotion which is misleading,
deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
16. If this Promotion is interfered with in any way or is not capable of being conducted as
reasonably anticipated due to any reason beyond the reasonable control of the
Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent
permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate,
subject to any directions from any relevant authority.
17. As a condition of claiming a prize, the entrant may be required to (at the Promoter’s
discretion) sign any legal documentation as and in the form required by the Promoter
and/or prize suppliers in their absolute discretion.
18. The Promoter may communicate or advertise this Promotion via Facebook. However, the
Promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook. Entrants are providing their information to the Promoter and not to Facebook.
Each entrant completely releases Facebook from any and all liability.
19. Prizes must be taken as offered and may not be varied. Prizes are not transferable,
exchangeable or redeemable for cash. If a prize (or prize component) is unavailable for
any reason, the Promoter reserves the right to substitute another prize of equal or greater
value for that prize (or prize component).
20. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit,
exclude or modify the statutory consumer guarantees as provided under
the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties
under similar consumer protection laws in the States and Territories of Australia (“Non-
Excludable Guarantees”). Except for any liability that cannot be excluded by law,
including the Non-Excludable Guarantees, the Promoter (including its officers, employees
and agents) excludes 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 the Promotion, including, but not limited to,
where arising out of the following: (a) any technical difficulties or equipment malfunction
(whether or not under the Promoter’s 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/implications incurred by an entrant; or (f) use of
a prize.
21. The:
(a) Promoter, the Promoter’s related entities and all agencies associated with the
Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in
this clause,
shall not be liable for any loss or entry, action, demand, liability, damage, cost, expense
or personal injury whatsoever (including but not limited to any direct, indirect or
consequential loss), incurred, suffered or sustained by any person or entity (without
limitation) in connection with, or arising from, the Promotion or acceptance of a prize,
except that which cannot be excluded by law (in which case that liability is limited to the
maximum extent allowable by law).
22. Entrants must, at the Promoter’s request, participate in any Promotion activity (such as
publicity and photography) relating to winning a prize in the Promotion, free of charge,
and they consent to the Promoter using their name and image in any future promotional
material.
23. 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.
PERSONAL INFORMATION
24. Immediately upon submission by an entrant, their entry/entries become the sole property
of the Promoter.
25. All information entrants provide (Personal Information) will be used by the Promoter for
the purpose of administering this Promotion, contacting and verifying the winners and
awarding prizes.
26. Should an entrant’s Personal Information change during the Promotion Period, it is the
entrant’s responsibility to notify the Promoter using the Update My Details form available
from the online entry form.
27. 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.
OPTING-IN TO HEAR FROM THE PROMOTER
28. Should an entrant consent to receiving future information from the Promoter, via placing
a tick in the ‘opt in’ box featured on the Online Entry Form, information provided by the
entrant may be entered into a database and may be used by the Promoter, the
Promoter’s related entities, and agencies engaged by the Promoter, for the Promoter’s
current and future promotional and marketing purposes without further reference or
compensation to the entrant.
29. Entrants who elect to ‘opt in’ may request to update or correct their Personal Information
held by the Promoter and/or may request that they not receive further promotional or
marketing communications from the Promoter at any time by contacting the Promoter
using the form available at https://hoyts.zendesk.com/hc/en-us or by electing to ‘opt
out’ using the ‘opt out’ function available on any electronic marketing materials
received.
PRIVACY POLICY
30. Entrants may view the Promoter’s privacy policy by visiting
http://www.hoyts.com.au/common/footer/privacy_policy.aspx
The privacy policy details how a privacy complaint can be made.
31. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.