PepsiCo Australia – Pepsi Max American Express Openair Cinemas – Win 1 of 250 movie tickets

Pepsi Max American Express Openair Cinemas Giveaway (Promotion)

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Promoter: PepsiCo Australia Holdings Pty Limited (ABN 25 079 719 743) of Tower A, Level 4, 799 Pacific Highway, Chatswood NSW 2067, telephone 1800 025 789.

Entrants: Entry to the Promotion is open to current residents of New South Wales and Victoria aged 18years and over who have a Facebook account, who fulfill the entry requirements and are able to take the prize on the specified dates.

Relevant States/Territories: NEW SOUTH WALES, VICTORIA
Entry Restrictions: Must be aged 18 years+. 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 to enter. “Immediate families” means spouse, parent, 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.

Promotion Period: Starts at 4pm (AEST) on 1/12/17 and ends at 4pm (AEST) on 8/12/17.

Entry Mechanic

To enter, during the Promotion Period, Entrants must view the promotional details on the Facebook post (Post) from 4pm 01/12/2017 (AEST) and take the steps set out in the Post in order to participate. In particular, to participate, Entrants must:

1. provide a photo of themselves and their workmates;
2. outline why they consider their team is the #DreamTeam; and
3. specify the location and movie of choice (from the options of Sydney Inner West Open Air Cinema – Thor Ragnarok; or Melbourne Open Air Cinema – Murder on the Orient Express).
Entries are deemed to be received at the time and on the date that they are received by the Facebook application.

Maximum Number of Entries: Entrants can submit as many entries as they wish. Entrants must create their own entry and enter under their own Facebook accounts.
Judging Details Judging will take place between 10am-6pm] on Monday 11/12/2017.
Judging Criteria This is a game of skill and chance plays no part in determining the winner(s). Each valid entry received will be individually judged (by representatives of the Promoter). The prizes will be awarded to the most creative entries as determined by the Promoter in its sole discretion.

Prize Details :
1. 250 movie tickets in total (valued at $8,000 – RRP (including GST in Australia)) will be awarded to 25 of the most creative entries. This includes 150 VIP tickets (valued at $40] each (including GST)) and 100 General Admission tickets (valued at [$20] each (including GST)). VIP Star Lounge tickets include: Reserved bean lounger, warm blanket hire in case of chilly breezes, wait service straight to your seat and a glass of Giesen wine (or non-alcoholic beverage).
2. Tickets will be awarded as follows:
• 150 tickets will be awarded in New South Wales to Entrants who selected Sydney Open Air Cinema;
– 10 First Prize winners will receive VIP tickets (10 tickets each); and
– 5 Second Prize Winners will receive General Admission tickets (10 tickets each);
• 100 tickets will be awarded in Victoria to Entrants who selected Melbourne Open Air Cinema;
– 5 First Prize winners will receive VIP tickets (10 tickets each); and
– 5 Second Prize winners will receive General Admission tickets (10 tickets each).
3. Each winner will be offered 10 tickets for their selected movie and location, to be redeemed on 15 December 2017.
• Location 1: Sydney Inner West Open Air Cinema – Thor Ragnarok, which will be aired on 15/12/17 (150 tickets). The cinema is located at Cadigal Green, Sydney University,
• Location 2: Melbourne – Murder on the Orient Express, which will be aired on 15/12/17 (100 tickets). The cinema is located on South Beach Reserve, next to the St Kilda Sea Baths.
4. The tickets are to be used by the winner and 9 work companions of the winner. The winner’s companions must be aged 18+, as this is an 18+ event only.
(Entrants MUST state which location they would like in order to be entered).
5. All other costs associated with the prize, including but not limited to travel to and from the event, are the responsibility of the winner and their companion.
6. The prize is subject to the event terms and conditions, and by accepting the prize and attending the event, the winners and their companions agree to those terms and conditions.
Event Details
7. The right of admission to the Event is reserved by PepsiCo and the Event Organiser. (American Express Openair Cinemas)
8. American Express Openair Cinemas are licensed 18+ events only.
9. Complimentary tickets will not be refunded if unused and are valid for the duration of the season only, or the specific session for which they have been issued.
10. American Express Open air Cinemas are completely licensed events, so strictly NO alcohol is to be brought on site by patrons. I.D will be required to purchase liquor. People who are unduly intoxicated will not be served alcohol. Bags and eskies may be search or restricted at entry. Water will be freely available at the bar and food and snacks are available for purchase
11. By entering the event site you agree to being filmed or photographed which may be used for marketing or promotional purposes.
12. You are aware that Openair Cinemas attracts considerable media interest. By purchasing your ticket and/or attending the event you are agreeing for your name, photograph and/or footage of you to be used for promotional or advertising purposes.
13. The promoter/venue reserves the right to withdraw, reschedule or substitute artists and/or vary advertised prices, event times and inclusions without notice. The promoter/venue reserves the right of admission.
14. Openair Cinemas are all-weather outdoor events that will go ahead in most weather conditions. Films will still be screened if it rains intermittently. Please note umbrellas are not permitted onsite as they will obstruct the view of other patrons.
15. The promoter/venue reserves the right to withdraw, reschedule or substitute artists and/or vary advertised prices, event times and inclusions without notice. The promoter/venue reserves the right of admission.
16. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the bearer of the ticket may be refused admission.
17. You have a duty to exercise good judgment and act in a responsible manner while attending the Open air Cinemas and you agree that you will comply with the directions of the Openair Cinemas staff and its authorised representatives at all times. Openair Cinemas reserves the right to turn customers away should they appear intoxicated or behave inappropriately.
18. You acknowledge that you participate at your own risk and that you are not, to the best of your knowledge, suffering from a condition which would prevent and/or render you unfit to participate in the event. The purchaser or user of the ticket voluntarily assumes the risk of injury, property damage or loss while attending the Openair Cinemas. You agree to take all reasonable measures to protect yourself from the risks of participation.
19. You agree to wear adequate clothing and footwear for an all weather outdoor event, suited to the time of year, and the weather conditions on the day. Wear suitable shoes and weather protection especially when the weather has been wet.
20. You are responsible for all property that you bring to the event and Openair Cinemas accept no responsibility for loss or damage to this property.
21. You agree to not cause any loss or damage to property at the event.
22. You understand that there are inherent and other risks associated with attending an outdoor all weather event. You release Openair Cinemas (including its directors, officers, employees, volunteers, contractors, sponsors and/or agents) from any claim and from any liability to the maximum extent permitted by law for, or as a result of, any loss, injury or damage suffered by you in relation to your attendance and participation in the event, however caused, including any claim or liability which arises due to any negligence of the event organisers.
Prize Delivery: There are no Physical tickets, Winners names will be added to a guest list at each location. Winers are required to bring ID.
Total Number of Prizes: 250 Prizes
Notification of Winner(s)
Promoter will advise the provisional winners as a reply comment to their post in the Competition Post Thread on the Pepsi Australia Facebook page on 11/12/ 2017, letting them know which place they have won, and which session this gives them access to.
Prize Claim
Once notified through the reply comment on Facebook, to claim the Prize, winners will need to:
1. direct message Pepsi AU on Facebook and provide their full residential address details, proof of age, email address and phone number as soon as possible, and no later than 48 hours after being notified that they have won; and
2. present themselves (along with their companions) on 15 December 2017, at the Open Air Cinema location that they selected and won providing host staff with ID.
Unclaimed Prize Allocation
If the provisional winner does not respond within the timeframe set out in the Prize Claim terms above, they will forfeit the Prize.
Terms of Entry
Trade Promotion: Game of Skill
These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
1. By entering the Promotion, entrants accept these Terms of Entry.
2. Entry is open only to entrants who comply with the Entry Restrictions. To enter the Promotion, entrants must follow the Entry Mechanic.
3. Entrants may submit up to the Maximum Number of Entries. Entries must be received by the Promoter during the Promotion Period.
4. The Promoter accepts no responsibility for any 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.
5. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
6. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
7. Any form of automated entry using any device or software is prohibited and will render an entry invalid.
8. Each valid entry will be judged in accordance with the Judging Details and the Judging Criteria. The Prize(s) will be awarded to the valid entry/entries that best meet the Judging Criteria. The judges’ decision is final and no correspondence will be entered into.
9. Each entrant warrants and agrees that: (i) the entrant has created the entry themselves; (ii) the entrant will not submit material in their entry that is copyrighted or otherwise subject to third party proprietary rights, unless the entrant is the owner of those rights; (iii) the entry has not been previously published in any other medium or forum; (iv) the entrant will not submit material that is unlawful, obscene, defamatory, derogatory, threatening, pornographic, sexually inappropriate, violent, abusive, harassing, hateful, racially, religiously or ethnically offensive, or encourages, evidences or indicates conduct that would be considered a criminal offence, give rise to civil liability or violates any law; (v) the entry will not contain viruses or cause injury or harm to any person or entity; and (vi) the entrant has not granted rights to their entry to any other person which are inconsistent with the rights granted to the Promoter.
10. Entries that are found to have been derived from third party work will be considered invalid and, if awarded a Prize, that Prize must be returned to the Promoter. Without limiting the generality of other conditions, the Promoter reserves the right to take legal action against anyone found to have breached this condition. The Promoter reserves the right in its sole discretion to: (i) not consider any entry which is not in accordance with these conditions of entry; and (ii) disqualify any individual who the Promoter has reason to believe has breached any of these Terms of Entry or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages and other compensation are reserved.
11. All entries become the property of the Promoter and cannot be returned. As a condition of entry, entrants agree to irrevocably and unconditionally assign to the Promoter all of their right, title and interest (including without limitation all intellectual property rights such as present and future copyright) in and to their entry and, if requested by the Promoter, to sign a document (in a form to be determined by the Promoter) to acknowledge this assignment to the Promoter.
12. Without limiting clause 11, each entrant acknowledges and agrees that the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to display, distribute, edit, adapt, amend, copy, use, commercialise, translate, publish, broadcast and communicate to the public, the entry (or any part thereof) in any media, at any time, without any further consultation, reference, payment or any other compensation to the entrant.
13. By entering this Promotion each entrant consents to the Promoter (and each of its assignees and licensees) doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and reproduce the entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
14. Each prize winner must, at the Promoter’s request, 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 in any medium throughout the world.
15. Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid and not eligible to win a prize.
16. If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
17. The winner(s) will be notified in accordance with the Notification of Winner(s). Winners must claim their prize in accordance with the Prize Claim (if applicable).
18. The Prize(s) will be delivered to the winner(s) in accordance with the Prize Delivery. Once any prize has left the Promoter’s (or supplier’s) premises, the Promoter will not be responsible for any delay in delivery, loss or damage to the Prize.
19. In the event of a Prize not being accepted or claimed, the Prize may be distributed in accordance with the Unclaimed Prize Allocation.
20. The Promoter and its associated agencies and companies 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 any Prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
21. The Promoter may require the winner(s) to verify their entry and provide proof of purchase (if applicable), identity, age and/or residence at the nominated Prize delivery address. Proof considered suitable for verification is at the Promoter’s sole discretion.
22. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who fails to provide adequate identification to the satisfaction of the Promoter, or who tampers with or benefits from the manipulation of, or tampering with, the entry process or the operation of the Promotion or acts in violation of these Terms of Entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
23. If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the Prize.
24. No Prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner and cash will not be supplied for that element of the Prize. The Promoter accepts no responsibility for any variation in the value of a Prize.
25. Where a Prize is unavailable for any reason, the Promoter may substitute for that Prize another item of equal or higher value as determined by the Promoter. Without limiting the foregoing, the Promoter may, in its absolute discretion, substitute cash for any Prize (the amount of cash being equal to the Prize value specified for that Prize in the Schedule).
26. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
27. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, 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.
28. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this Promotion or of these terms, subject to applicable laws.
29. Nothing in these terms and conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
30. 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 this 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.
31. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including (where the entrant has opted in) contacting entrants via electronic messaging. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with entrants. Entrants can read the Promoter’s Privacy Policy at [URL]. Entrants can request access, updates and corrections to their personal information by contacting our privacy officer at or 1800 025 789.
32. Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.
33. Each entrant is providing their information to the Promoter and not to Facebook. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant completely releases Facebook from any and all liability in relation to this Promotion.