Conditions

  1. Information on how to enter forms part of these conditions of entry. The entrant is responsible for ensuring their familiarity with the Conditions of Entry at the time of participation. Participation in this promotion constitutes acceptance of these conditions of entry.

  2. The promoter (“Promoter”) is Schweppes Australia Pty Ltd (ABN 51 004 243 994) L5 111 Cecil Street South Melbourne VIC 3205.

  3. Entry to the promotion (“Promotion”) is open to all Australian residents aged 14 years and over who fulfil the entry requirements.

    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 begins at 9:00am AEST on 1/12/2013 and closes at 11.59.59pm AEST on 23/04/2014 (“Promotion Period”).

    Entry to the instant win component of the Promotion closes at 11.59pm on 28/02/2014.

  5. To enter validly, consumers must purchase any specially marked “Refresh your Summer” product (“Product”) during the Promotion Period then either:

    a) visit www.refreshyoursummer.com.au (the ”Website”) to complete the online entry form (including their name, email address, postal address, mobile phone number (or fixed phone number) and the last four (4) digits from the product barcode of the Product purchased); OR

    b) send an SMS from their mobile phone to 1977 7733 (maximum SMS cost is 55 cents (inc GST)) giving the last four (4) digits from the product barcode of the Product purchased and their details in one message in the following format:

    LAST4DIGITSOFBARCODE [SPACE] FIRSTNAME [SPACE] LASTNAME [SPACE] POSTCODE

    Computer generated entries will not be accepted.

    For the avoidance of doubt, there are no specially marked “Refresh your Summer” Pepsi Next Products.

  6. 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. Entries sent outside the Promotion Period cost a maximum of 55c (inc GST), but are ineligible for entry. User must have account holder permission to use the service. SMS provider: Prime Focus Enterprises Pty Ltd (ABN 55 427 571 651); SMS Helpline: 1800 818 957.

  7. Multiple entries are allowed, however there is a combined maximum of five (5) entries per person per day. If an entrant submits more than thirty (30) entries, for each Product used for his/her 31st and subsequent entries, the entrant must: (i) keep the whole label/packaging from the Product purchased used to enter; and (ii) retain a photocopy of the purchase receipt that identifies it as an item purchased during the Promotional Period. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to 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.

    INSTANT WIN PRIZES

  9. All valid entries are eligible to win an instant win prize (“Instant Win Prizes”).

  10. There are 25,812 Instant Win Prizes to be won.

    No. of prizes Instant Win Prizes Prize value Prize pool
    25,812 Rip Curl Pro thongs
    (range of colours and sizes (AUS 5 – 13))
    $19.99 $515,981.88
    Total: AU$515,981.88 (inc GST)


  11. Every day 288 Instant Win Prizes will be randomly given away (except in the circumstances set out in clauses 11(b) & (c)) during the Promotion Period.

    (a) With the exception of the first day, each day of the Promotion Period, 288 Instant Win Prize winning time slots for the upcoming 24 hour period (00:00:00 – 23:59:59) (“Period”) will be randomly determined prior to the commencement of that Period (“Winning Time Slot”). The first valid entry received at or after each Winning Time Slot in the Period will “instantly win” the Instant Win Prize.

    On the first day of the Promotion Period, 180 Winning Time Slots for the period 9:00am - 23:59:59 will be determined.

    (b) If there is no valid and eligible entry received by the Promoter at or after a Winning Time Slot, then:

    (i) the Winning Time Slot will lapse;

    (ii) there will be no “instant” winner of a Instant Win Prize for the relevant Winning Time Slot; and

    (iii) the Instant Win Prize allocated to that Winning Time Slot will be reallocated to the next Winning Time Slot together with a further Instant Win Prize for that Winning Time Slot. (In such circumstances it is possible for there to be multiple winners in a Winning Time Slot.)

    (c) If there is no valid and eligible entry received by the Promoter at or after the final Winning Time Slot, the Instant Win Prize allocated to that Winning Time Slot will lapse.

  12. The total Instant Win Prize pool is valued at $515,981.88 (inc GST). Instant Win Prizes must be claimed by 30/05/2014.

  13. All entrants who enter the instant win component of the Promotion will receive a message to notify whether they have won an instant prize or not. SMS entrants will receive a return SMS notification; internet entrants will receive an onscreen notification.

    Entrants who receive a return SMS with an instant win notification that they are an instant prize winner (Instant Prize Winner), or internet entrants who receive an onscreen notification that they are an Instant Prize Winner, will also receive a confirmation email (Confirmation Email). The Confirmation Email that Instant Prize Winners receive will contain a unique code (Unique Code) that must be used to claim their Instant Win Prize at the Website.

  14. Within 28 days of receiving a Confirmation Email, winners must visit the Website to select the colour and size of the Instant Win Prize that they will receive (while stocks last). The Unique Code in the Confirmation Email is valid for 28 days only. If a winner has not redeemed their Instant Win Prize from the Website within 28 days of receiving the Confirmation Email, the Promoter will specify the Instant Win Prize that they will be awarded.

  15. Instant Win Prizes will be dispatched within 28 days of selection from Website by the winner or specification by the Promoter where the winner’s address has been provided. Instant Win Prizes will only be sent to addresses in Australia.

    FINAL DRAW

  16. The final draw (Final Draw) will be conducted at 3:00pm on 25/04/2014.

  17. The first valid entry drawn in the Final Draw will win the final prize (Final Prize). The Final Prize is one (1) Jeep Wrangler Unlimited Overland (3.6L VVT 24V Pentastar V6 petrol with 5-speed automatic transmission; colour as selected by the winner from the standard (non-metallic) range of colours available), including one year’s registration, one year’s compulsory third party insurance, dealer delivery and statutory charges. The Final Prize is valued at up to $52,000 (inc GST), depending upon the winner’s location of residence.

    The Final Prize does not include comprehensive insurance or any other accessories not specified. If the winner of the Final Prize is under the age of 18 years as at the closing date of the Promotion, the Final 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 dealer nominated by the Promoter to 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 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 winner is responsible for ensuring that they are familiar with and comply with all applicable laws, regulations and rules which apply to ownership and use of the Final Prize.

    The winner of the Final Prize is required to sign an indemnity and waiver of liability in a form approved by the Promoter in favour of the Promoter and all involved parties prior to accepting their Final Prize. The winner must sign the indemnity and waiver form prior to collecting their Final Prize; failure to sign will invalidate a winning entry.

  18. Total maximum prize pool is up to $567,981.88 (inc GST).

    General

  19. All draws will be held at 403/62 Beach Street Port Melbourne 3207.

  20. All winners will be contacted in writing.

  21. The name and state of residence of the Final Prize winner will be published in The Australian on 09/05/2014. The Promoter may also publish the name and the State/Territory of residence of 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.

  22. 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.

  23. 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).

  24. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.

  25. Quality control errors outside of the control of the entrant will not invalidate an otherwise valid prize claim. All prize claims in excess of the advertised prize pool will be honoured, unless such claim is rejected due to fraud or ineligibility under these conditions of entry.

  26. In the event of any Instant Win Prizes not being claimed by 30/05/2014, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws (at 12:00 noon on 31/05/2014 at the same location as the original draws) as are necessary to distribute the prize(s). Colour/size will be as specified by the Promoter. Winners will be contacted in writing.

  27. In the event of the Final Prize not being claimed within 3.5 months of the Final Draw, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws (at 12 noon on 01/09/2014 at the same location as the original draws) as are necessary to distribute the prize. The winner will be contacted in writing published in The Australian on 11/09/2014.

  28. Prize is not transferable or exchangeable (except as allowed by its conditions of use) 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.

  29. 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. After identification documents available have been established, if requested, an entrant must deliver copies within 7 days of being asked to do so. At the Promoter’s request, an entrant must also allow the Promoter to inspect and copy the original of any such documents within 7 days of being asked to do so.

  30. 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. 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.

  31. 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.

  32. 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.

  33. 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.

  34. All entries will be the property of the Promoter. 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 companies associated with this Promotion, and the Promoter and its related bodies corporate, and the companies associated with this Promotion, may use this information for future promotional and marketing purposes regarding their products and services including 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. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can read the Promoter’s Privacy Policy at www.schweppesaustralia.com.au. Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting Consumer Services on 1800 244 054.

  35. Authorised under NSW Permit No. LTPS/13/04425; Vic Permit No. 13/1168; ACT Permit No. TP 13/01764; SA Licence No. T13/899.