S.Pellegrino – Win A Trip To Italy 2014

WIN A TRIP TO SICILY PROMOTION
Terms and Conditions
1. Information on how to enter and the Prize (defined below) form part of these Terms
and Conditions. Participation in this promotion is deemed acceptance of these Terms
and Conditions.
2. Failure by the Promoter to enforce any of its rights at any stage does not constitute a
waiver of those rights.
Promotion Dates
3. Promotion commences on 17 February 2014 and ends at 5pm AEDST on 28 March
2014 (“Promotional Period”).
Eligibility
4. Entry is only open to Australian residents.
5. Entrants under 18 years old must have parental/guardian approval to enter and,
further, the parent/guardian of the entrant must read and consent to these Terms
and Conditions. Parents/guardians may be required by the Promoter to enter into a
further agreement as evidence of consent to the minor entering this promotion.
6. Employees (and their immediate families) of the Promoter, retail outlets at which
Sanpellegrino products are available for purchase, and 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.
How to Enter
7. To enter, a person must complete the following steps no earlier than the
commencement of the Promotional Period and no later than the conclusion of the
Promotional Period:
(a) purchase any S.Pellegrino, Acqua Panna or Sanpellegrino Sparkling Fruit
Beverage product (bottle, six-pack or twenty-four-pack) from any participating
retail outlet within Australia; and then
(b) send an SMS to 0429 222 555 containing their first name, last name and
address, in that order with a space between each item and no commas, which
must be received by the Promoter no later than the conclusion of the
Promotional Period.
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8. Entries are deemed to be received at the time of receipt into the promotion database
and NOT at the time of transmission by the entrant.
9. SMS entry cost will vary depending on the mobile network used, but will not exceed
55c. Entrants under 18 years old must obtain telephone accountholder’s consent.
10. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted
per six (6) pack of S.Pellegrino, Sanpellegrino Sparkling Fruit Beverage or Acqua
Panna (250ml, 500mL PET, 200ml or 330ml bottles) purchased in accordance with
clause 7; (b) only one (1) entry permitted per twenty-four (24) pack of S.Pellegrino,
Sanpellegrino Sparkling Fruit Beverage or Acqua Panna (250ml, 500mL, 500ml PET,
200ml, 330ml, 750ml, or 1 litre PET bottles) purchased in accordance with clause 7;
(c) only one (1) entry permitted per single unit of S.Pellegrino, Sanpellegrino
Sparkling Fruit Beverage or Acqua Panna (250ml, 500mL, 500ml PET, 200ml,
330ml, 750ml, or 1 litre PET bottle) purchased in accordance with clause 7; and (d)
each entry must be submitted separately and in accordance with entry requirements.
11. For the sake of clarity, if an entrant purchases a six (6) pack or a twenty-four (24)
pack of S.Pellegrino, Sanpellegrino Sparkling Fruit Beverage or Acqua Panna,
he/she will only be permitted to enter once for that pack purchased, rather than once
for every bottle contained within that pack.
Invalid Entries
12. All invalid entries will be rejected and do not go into the draw to win a Prize.
13. SMS entries sent via the Internet are invalid.
14. Any entry that is submitted contrary to these Terms and Conditions is invalid.
15. The Promoter reserves the right, at any time, to verify the validity of entries and
entrants (including an entrant’s identity, age and place of residence).
16. The Promoter may disqualify any entrant who, in its reasonable opinion, submits an
entry that is not in accordance with these Terms and Conditions or who tampers with
the entry process including but not limited to tampering by way of use of techniques
designed to avoid the payment of SMS costs.
17. Any incomplete or indecipherable entry is invalid. Errors and omissions may be
accepted at the Promoter’s discretion.
18. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in
its sole discretion, to determine the identity of the entrant.
19. The use of any automated entry software or any other mechanical or electronic
means that allows an entrant to automatically enter repeatedly is prohibited and will
render all entries submitted by that entrant invalid.
The Draw and Announcement of Winners
20. The draw will take place at Sanpellegrino, Unit 7, 1-3 Compark Circuit, Mulgrave,
Victoria, 3170 on 31 March 2014 at 2pm AEDST. The Promoter may draw additional
reserve entries and record them in case an invalid entry or ineligible entrant is
drawn.
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21. The winner will be notified by telephone and in writing by SMS within two (2)
business days of the draw and their name will be published in The Australian
newspaper on 10 April 2014.
22. The Promoter’s decision is final and no correspondence will be entered into.
The Prize
23. The first valid entry randomly drawn will win a trip for two (2) people to Sicily, Italy,
valued at up to AU$9,390 depending on date and point of departure. The prize
includes:
• two (2) x economy return airfares from the winner’s nominated Australian
Capital City to Catania, Sicily (valued at up to RRP AU$3,150 each);
• five (5) nights accommodation at Baia Taormina Grand Palace Hotel & Spa in
Taormina for two (2) people (valued at RRP AU$1,790);
• Return private transfers in a sedan car from Catania airport to Baia Taormina
Grand Palace Hotel & Spa for two (2) people (valued at RRP AU$300); and
• AU$1,000 spending money for the winner, awarded in the form of a cheque.
Additional spending money, meals, taxes (excluding airline and airport taxes),
insurance, passports, visas, vaccinations, transport to and from departure point,
additional transfers, items of a personal nature, in-room charges and all other
ancillary costs are not included.
24. To redeem their prize, the winner must confirm with the Promoter their preferred
travel dates no later than 4 weeks after they have claimed the prize. The prize is
valid for travel within 12 months following the relevant prize draw (i.e. 31 March,
2014 or 1 July 2014 in the event of an unclaimed prize draw). Prize cannot be taken
during Australian school holidays, public holidays or other peak periods.
25. During the entire duration of the prize, a nominated parent/guardian must
accompany any person under 18 years of age. The winner and his/her companion
are responsible for ensuring that they have valid passports, and any requisite visas,
vaccinations and travel documentation. The winner and his/her companion must
depart from and return to the same departure point and travel together. Itinerary to
be determined by the Promoter in agreement with the winner but in the event that
agreement cannot be reached, the Promoter reserves the right to determine the
itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the
standard terms and conditions of individual prize and service providers. The winner
may be required to present their credit card at time of accommodation check in.
26. Total value of the Prize Pool is up to AU$9,390.
27. If any part of the Prize is unavailable at the time of the draw, the Promoter, in its
discretion, reserves the right to substitute the Prize with a Prize to the equal value
and/or specification, subject to any written directions from a regulatory authority.
Collection and Forfeiture of a Prize
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28. The winner will be contacted by SMS and telephone. In order to do that, the
Promoter will record the telephone number of each entrant.
29. Entrants must retain their original purchase receipt(s) for all entries as proof of
purchase. Failure to produce the proof of purchase for all entries when requested
may, in the absolute discretion of the Promoter, result in invalidation of ALL of an
entrant’s entries and forfeiture of any right to a Prize. Purchase receipt(s) must
clearly specify the outlet of purchase, that a S.Pellegrino, Acqua Panna or
Sanpellegrino Sparkling Fruit Beverage product (bottle, six-pack or twenty-four-pack)
was purchased, and that the purchase was made during the Promotional Period but
prior to entry.
30. The Prize, or any unused portion of the Prize, is not transferable or exchangeable
and cannot be taken as cash, unless otherwise specified.
31. If the winner is under the age of 18 years, the Prize will be awarded to the winner’s
nominated parent or guardians on the winner’s behalf.
32. If for any reason the winner does not respond to the Promoter’s reasonable efforts to
make contact for Prize receipt in accordance with clause 21:
(a) they will forfeit their right to the Prize; and
(b) a further draw for the Prize, if unclaimed, will take place on 1 July 2014 at the
same time and place as the original draw, subject to any directions from a
regulatory authority, in which case the winner (if any) will be notified by
telephone and in writing by SMS within two (2) business days of the draw, and
their name will be published in The Australian newspaper on 8 July 2014.
33. If for any reason the unclaimed Prize draw winner (if any) does not take the Prize by
the time stipulated by the Promoter, then the Prize will be forfeited.
Promotion and Privacy
34. The Promoter collects personal information (“PI”) in order to conduct the promotion
and may, for this purpose, disclose such PI to third parties, including but not limited
to agents, contractors, service providers, prize suppliers and, as required, to
Australian regulatory authorities. Entry is conditional on providing this PI. The
Promoter will also use and handle PI as set out in its Privacy Policy, which can be
viewed at www.sanpellegrino.com. In addition to any use that may be outlined in the
Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless
otherwise advised, use the PI for promotional, marketing, publicity, research and
profiling purposes, including sending electronic messages or telephoning the entrant.
The Privacy Policy also contains information about how entrants may opt
out, access, update or correct their PI, how entrants may complain about a breach of
the Australian privacy laws or any other applicable law and how those complaints will
be dealt with. All entries become the property of the Promoter. The Promoter will not
disclose entrant’s personal information to any entity outside of Australia.
35. 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)
(“Winner Data”) in any media for an unlimited period without remuneration for the
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purpose of promoting this promotion (including any outcome), and promoting any
products manufactured, distributed and/or supplied by the Promoter.
36. As a condition of accepting the prize, the winner (and his/her companion) must sign
any legal documentation as and in the form required by the Promoter and/or prize
suppliers in their absolute discretion, including but not limited to a legal release and
indemnity form. If either the winner or the winner’s companion are under the age of
18, their parent/legal guardian must sign any legal documentation on their behalf.
Cancellation of Promotion
37. 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, including but not limited to technical difficulties, unauthorised intervention
or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent
permitted by law (a) to disqualify any entrant; or (b) subject to any written directions
from a regulatory authority, to modify, suspend, terminate or cancel the promotion,
as appropriate.
Limitation of Liability
38. 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, as well as any other implied warranties under
the ASIC Act or similar consumer protection laws in the States and Territories of
Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law
be excluded, including the Non-Excludable Guarantees, the Promoter (including its
respective 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.
39. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and
agents) is not responsible for and 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: (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 or Prize
claim 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) taking/use of
and/or participation in the Prize.
The Promoter
40. The Promoter is Sanpellegrino Spa (ABN 23 088 820 446) of Unit 7, 1-3 Compark
Circuit, Mulgrave, Victoria, 3170, telephone (03) 9560 4011.
NSW Permit No. LTPS/14/xxxxx, VIC Permit No. 14/xxxx, SA Permit No. T43/xxxx