“BERTOLLI WIN A TRIP TO ITALY” PROMOTION
TERMS AND CONDITIONS
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. Entry is only open to Australian residents aged 18 years or over.
3. Employees (and their immediate families) of the Promoter, participating retailers 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.
4. Promotion commences on 01/08/2015 and final entries close at 11:59pm AEDST on 31/10/2015 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
a) purchase any product in the Bertolli Olive Oil range (“Eligible Product”) from a participating retailer (“Qualifying Transaction”). For the purposes of this promotion, a participating retailer will be any retailer in Australia that stocks Eligible Products during the Promotional Period; and then
b) visit www.bertollioliveoil.com.au, follow the prompts to the promotional entry page, input the requested details (including their full name, telephone number, a valid email address, and the full purchase receipt number for the Qualifying Transaction), and submit the fully completed entry form.
6. Incomplete or indecipherable entries will be deemed invalid.
7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction/receipt (regardless of the number of Eligible Products purchased in excess of one (1) in that transaction); and (b) each entry must be submitted separately and in accordance with entry requirements.
8. 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 store of purchase, that an Eligible Product was purchased, and that the purchase was made during the Promotional Period but prior to entry.
9. 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.
10. 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.
11. The draw will take place at Avalde Pty Ltd, 10 Ridge Street, North Sydney, NSW 2060 at 10:00am AEDST on 09/11/2015. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
12. Winners will be notified by telephone and email within two (2) business days of the draw and the Major Prize winner’s name will also be published online at www.bertollioliveoil.com.au from 16/11/2015.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win a trip for two (2) people to Florence, Italy, valued at up to AU$11,850 depending on date and point of departure (“Major Prize”). Prize includes:
- Return economy airfares from winner’s nearest Australian capital city to Florence for two (2) people;
- Seven (7) nights twin share accommodation at Antica Torre di Via Tornabuoni in Florence for two (2) people;
- Daily hotel breakfast for two (2) people (exact menu determined by the Promoter in its absolute discretion);
- A cooking class for two (2) people;
- Tour de Lucca for two (2) people; and
- AU$1,000 spending money from the winner, awarded via an electronic funds transfer into an account in the winner’s name.
15. The following conditions apply to the Major Prize: Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 31/12/2016 and is subject to booking and flight availability. Prize cannot be taken between 15/12/2015 – 10/01/2016, during Australian school holidays, public holidays or other peak periods. 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.
16. The next sixty-one (61) valid entries drawn will each win a AU$100 Visa Prepaid Card (“Minor Prizes”). Any ancillary costs associated with redeeming the Visa Prepaid Card are not included. Any unused balance of the Visa Prepaid Card will not be awarded as cash. Redemption of the Visa Prepaid Card is subject to any terms and conditions of the issuer including those specified on the Visa Prepaid Card
17. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of a prize), then the prize (or that element of the prize) will be forfeited.
18. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
19. Total prize pool value is up to AU$17,950.
20. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
21. A draw for any unclaimed prizes may take place on 09/02/2016 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw and the Major Prize winner’s name (if the Major Prize is awarded in the unclaimed prize draw) will also be published online at www.bertollioliveoil.com.au from 16/02/2016.
22. 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.
23. 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.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
25. 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.
26. 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.
27. 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 a prize.
28. As a condition of accepting the Major Prize, the Major Prize 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. In the event the winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
30. The Promoter is DeOleo Australia Pty Ltd (ABN 67 065 364 258) of Unit 1, 37A King Road, Hornsby, NSW 2077, telephone (02) 9987 4448.
NSW Permit No. LTPS/15/04389 ACT Permit No. TP15/06196, SA Permit No. T15/987