“V-ESTIVE” PROMOTION

  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is Frucor Suntory Australia Pty Ltd (ABN 73 060 091 536) of 2/5 George Street, North Strathfield NSW Australia 2137. Telephone: (02) 8762 0399.
  3. Entry is only open to residents aged 16 years or over. 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.
  4. Employees (and their immediate families) of the Promoter, 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.
  5. Promotion commences on 1/11/2018 and ends at 11:59pm AEDT on 15/12/2018 (“Promotional Period”).
  6. To be eligible to enter, individuals must, during the Promotional Period, purchase from any participating retail outlet anywhere in Australia one (1) of the following specially marked V products (each an “Eligible Product”):
    1. V Green 250ml can;
    2. V Green 500ml can;
    3. V Green 350ml bottle;
    4. 4 x 275ml pack
    5. 6 x 275ml pack
    6. 4 x 300mL pack
    7. 4 x 500mL pack
    8. 10 x 200mL
    Each Eligible Product will contain a unique code (“Unique Code”) on the individual product packaging.
  7. 7. To enter, individuals must then, during the Promotional Period visit www.v-energy.com.au/getvestive, input the requested details (including the Unique Code located on the Eligible Product packaging, an uploaded photo of the Eligible Product packaging containing the Unique Code, a current valid email address and mobile number) and submit the full completed entry form.

    Once the online entry form has been submitted, individuals will be notified instantly online whether or not they are an instant winner.
  8. 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) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase; (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) Unique Code per entry is permitted; (d) the same Unique Code cannot be used more than once; (e) unrecognised codes will be deemed invalid; and (f) a limit of one (1) entry per person per day applies.
  11. Entrants must retain the original packaging of the Eligible Product(s), which clearly shows the Unique Code(s) used to enter (for all entries) as proof of purchase for up to thirty (30) days after the close date (being 14/01/2019). Failure to produce the original packaging of the Eligible Product(s) and Unique Code(s) 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.
  12. 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.
  13. There are 2001 instant prizes to be won throughout the Promotional Period. Each instant prize is a V Festive Vest valued at $50.
  14. Instant provisional winners will be notified immediately on screen at the time of submitting their online entry form and then in writing via email within two (2) business days of being notified online. A provisional winner will only be deemed a winner once verified by the Promoter. Any instant winners from ACT will also have their names published online at www.v-energy.com.au/getvestive from 17/12/2018.
  15. The Promoter’s decision is final and no correspondence will be entered into.
  16. If any prize is unavailable, 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.
  17. Prizes will be sent to the mailing address listed on the online entry form via Australia Post. The Promoter is not responsible for any delays or issues associated with the delivery of the prize.
  18. Total prize pool value is $100,050
  19. Prizes are not transferable or exchangeable and cannot be taken as cash.
  20. 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.
  21. 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.
  22. Any costs associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. 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.
  23. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw in accordance with clause 24 below. Instant win game materials void if stolen, forged, mutilated or tampered with in any way. There will be a total 13,000,000 Unique Codes printed for this promotion.
  24. A draw for any prizes that have been won, but remain unclaimed, will take place at 10am AEDT, on 22/03/2019 at Green Eagle Unit 5, 9 Fitzpatrick Street, Revesby NSW 2212. Winners (if any) will be notified in writing via email within two (2) business days of the draw. Any ACT winners will have their names published online at \www.v-energy.com.au/getvestive from 22/03/2019.
  25. 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.
  26. 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) use of a prize.
  27. 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 http://www.frucor.com.au/index.php/privacy_policy/ 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 Principles 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 PI to any entity outside of Australia.

NSWNSW Permit No. LTPS/18/25908 ACT Permit No. TP18/01232 SA Permit No. T18/1134