| 1. | Information on how to enter forms part of the terms of entry. Entry into the Gloria Jean's Coffees Summer Nudie Fruzies Promotion ("Promotion") is deemed acceptance of these terms and conditions. |
| 2. | Entry is open to all residents of Australia, except for employees and their immediate families of the Promoter, its related entities or franchisees or Be.interactive Pty Ltd ("Be.interactive"). If the winner does not hold a current drivers licence the nominated driver must have a valid licence (for the Hawaii trip only). |
| 3. | The competition commences on 30 December 2009 at 12:01:00am (AEDT) and concludes on 4 March 2010 at 11:59:59 pm (AEDT) ("Promotion Period"). |
| How to enter |
| 4. | To enter, entrants must, during the Promotion Period: |
| a. | purchase a Nudie FruzieTM or 200 gram pack Hawaiian Gold Whole Bean Coffee from any participating Gloria Jean's Coffees outlet; |
| b. | receive an instant win card containing a unique code; and |
| c. | either: |
| i. | visit www.gloriajeanscoffees.com.au/summer and register their details including (but not limited to) name, address, phone number, e-mail address and the unique code ("Online entry"); or |
| ii. | send an SMS message to 197 33 888 including (but not limited to) the entrant's full name, address and state and the unique code and then receive a reply message from the Promoter ("SMS entry"). |
| 5. | The SMS entry option is only open to entrants with an SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard. |
| 6. | Only one entry per unique code is permitted. Unrecognised codes will not be accepted. Participants may enter as many times as they like but only one entry per product purchased/unique code is permitted. |
| 7. | Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. |
| 8. | Incomprehensible and incomplete entries will be deemed invalid. |
| 9. | Entries must be received by 23:59:59 (AEDT) on 4 March 2010. The time of entry will in each case be the time the entry is received by the Be.interactive database. The Promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted. |
| 10. | Maximum cost for SMS entry is $0.55 (including GST). The cost of accessing the promotional website will be dependant on the entrant's individual Internet Service Provider. |
| 11. | If the entrant submits an SMS entry, the entry will be taken to have been submitted by the account holder of the mobile phone used to submit their entry and, if the account holder will be awarded any prize won as a result of that entry. |
| Instant winners |
| 12. | If the entrant's unique code is an instant win code, the entrant will win a prize ("Instant Prize"). A total of 4,904 unique codes are instant win codes. Instant Prize winners will be notified at the time they submit their entry (by SMS if they submit an SMS entry or online if they submit an Online entry. Instant Prize winners will be issued a 6 digit unique Prize Claim Number. The unique 6 digit Prize Claim Number will need to be recorded by the Instant Prize winner for prize verification purposes. In the event of any dispute with the Promoter, or at the Prompter's request, Instant Prize winners will be required to correctly quote their unique Prize Claim Number to be awarded their prize. The Promoter reserves the right to withhold the awarding of an instant prize to an Instant Prize winner who cannot provide a valid, unique Prize Claim Number. Any Instant Prizes that are not won during the Promotion Period or that are won by an un-verified person will be awarded during the second chance draw. Entrants who are not instant winners will be notified that they have been automatically entered into the second chance prize draw. |
| 13. | The names of winners of Instant Prizes valued over $250 will be published in the Public Notices section of The Australian newspaper on Friday 12 March 2010. |
| 14. | If any Instant Prize has not been won at the conclusion of the Promotion Period, all valid entries will be entered into a second chance draw to win any un-won instant prizes. The draw will take place at Be.interactive, Level 9, 155 George St, Sydney NSW 2000 on Friday 5 March 2010 at 11:00am (AEDT). |
| 15. | Except where the entrant is a resident of South Australia, each entrant may win only one instant prize and will receive only the first instant prize he or she wins. |
| Holiday prizes draw |
| 16. | Each valid entry will be entered into the random draw for the Holiday Prizes. The entrant who submitted the first valid entry drawn will win the Holiday to Hawaii. The entrant who submitted the second valid entry drawn will win the Holiday to Fiji. The draw will take place at Be.interactive, Level 9, 155 George Street, Sydney NSW 2000, on Friday 5 March 2010 at 11:00am (AEDT). |
| 17. | The winners of the Holiday to Hawaii prize and the Holiday to Fiji prize ("Holiday Prizes") will be notified of their prize by telephone and in writing within 2 days of the draw and published in the Public Notices section of The Australian newspaper on Friday 12 March 2010. |
| 18. | Subject to any direction given by the relevant gaming authorities, if a prize has not been claimed by 9:00am (AEDT) 25 June 2010, an unclaimed prize draw will take place at Be.interactive, Level 9, 155 George Street, Sydney NSW 2000 on Friday 25 June 2010 at 11:00am (AEDT). Redraw winners will be notified by telephone and in writing within 2 days of the draw. Redraw winners of prizes valued over $250 will have their details published in the Public Notices section of the Australian on Friday 2 July 2010. |
| Prizes |
| Holiday Prizes |
| 19. | The Holiday to Hawaii is the major prize, is for 2 adults and 2 children (up to 12 years of age) and consists of: |
| |
- Return economy class airfares from Sydney, Melbourne, or Brisbane, whichever is nearest to the winner's place of residence, to Hawaii;
- Return airport transfer in Hawaii from the airport to the hotel;
- 5 consecutive nights, family room accommodation near Waikiki Beach in Oahu (subject to availability upon booking),
- Return airfare for 4 people from Honolulu to Kona for a self-guided coffee tasting tour of the Kona coffee plantations. Map and guide are available at the airport. Flights valued at $170 per flight (no child discount).
- Car hire for one day (an automatic) for the Kona Coffee Tour includes pick up and drop off rental at the airport. Valued at $60.
|
| Total prize value for the Holiday to Hawaii is up to $10,764.00 (including GST) as valued on Friday 16 October 2009. |
| 20. | The Holiday to Fiji is for 2 adults and 2 children (up to 12 years of age) and consists of: |
| |
- Return economy class airfares from Sydney, Melbourne, or Brisbane, whichever is nearest to the winner's place of residence, to Fiji
- Return airport transfer in Fiji from the airport to the hotel;
- 5 consecutive nights family room accommodation in Fiji (location and hotel subject to availability upon booking).
|
| Total prize value for Holiday to Fiji is up to $5,000.00 (including GST) as valued on Friday 16 October 2009. |
| Instant Prizes |
| 21. | Summer Instant Win Packs |
| There are 200 Summer Instant Win Packs each valued at $223.50 to be won. Each Summer Instant Win Pack will include the following: |
| X 1 Dermalogica Extra Rich Face Block RRP $67.00 each |
| X 1 Dermalogica Multi Vitamin Body Block RRP $50.50 each |
| X 1 Fitness First 3 day pass valued @ $60.00 each |
| X 1 Nudie Beach towel RRP $30.00 each |
| X 1 Nudie Bag RRP $10.00 each |
| X 1 Nudie Keyring RRP $6.00 each |
| 22. | Fitness First Memberships |
| There are 4 x 12-month Fitness First Memberships to be won each valued at $1,400. |
| 23. | Fitness First Passes |
| There are 4700 x 3-day Fitness First Passes to be won each valued at $60. |
| 24. | The total prize pool for Instant Prizes is valued at $ $332,300.00The total prize pool for this promotion is valued at up to $ $348,064.00 |
| Rules for Holiday Prizes |
| 25. | The Holiday Prizes do not include, and each winner and his or her travelling companions are responsible for, all other expenses including spending money, meals, drinks, transfers (unless specified), laundry charges, activities, incidentals, taxes (including departure taxes), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is mandatory to protect against the additional costs incurred in the event of unforeseen circumstances. |
| 26. | Each winners and his or her travelling companions must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to Sydney, Melbourne, or Brisbane (whichever city is closest) for flight departure. (If the winner is from Perth, Tasmania, ACT or NT connecting flights from these cities to the nearest flight departure capital city will be not be included in the prize package for the winner and travelling companions). |
| 27. | Government taxes are an additional cost to the winners and their travelling companions and must be paid prior to ticketing. |
| 28. | If a winner is under the age of 18 as at the date of the draw, an adult must accompany the winner in the participation of the prize. |
| 29. | The Holiday Prizes must be taken by 14 December 2010 and is subject to hotel and flight availability. The prize is not available during peak times such as public holidays and school holidays (if applicable) and cannot be changed once the booking has been made. |
| 30. | Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline. |
| 31. | A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable. |
| 32. | It is the traveller's personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s. |
| 33. | The Promoter and Be.interactive make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade. |
| 34. | Unless expressly stated in these terms and conditions all other expenses (including installation costs, travel to and from the event/departure point etc) become the responsibility of the winner. |
| 35. | It is a condition of accepting the Holiday Prizes that the winners and the winners' travelling companions may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. |
| 36. | The winner must comply with all Alamo Rent A Car agreements at the time of the loan. The vehicle cannot be driven out of 200km from the metropolitan area it is loaned from and must only be driven on sealed roads. |
| 37. | In the event that the vehicle is involved in an accident or damaged in anyway, an Accident/Damage Report in the form required by Alamo Rent A Car must be completed and forwarded to the Alamo Rent A Car dealer that the vehicle was collected from within 24 hours of the damage occurring. Repairs to the vehicle are not to be undertaken without the written consent of Alamo Rent A Car or its appointed assessor. |
| 38. | Alamo Rent A Car retains the title to the vehicle and the winner must not purport to sell, pledge, mortgage, lend, transfer, or in any way encumber the vehicle. All costs relating to insurance, registration, service, repairs, etc, of the vehicle will be borne by Alamo Rent A Car except for the following items which the winner will be responsible for including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The winner is to return the car to Alamo Rent A Car immediately upon completion of the loan time and if the winner fails to do this, Alamo Rent A Car is irrevocably authorised to enter any premises in which they believe the vehicle to be situated and take possession of and remove the vehicle. |
| 39. | The winner will be responsible for, including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The driver of the car must have a current Australian State or Territory license (which is not under suspension or cancellation) as at the date on which the winner (or companion) is to drive the vehicle. |
| 40. | Unless expressly stated in these terms and conditions all other expenses (including installation costs, travel to and from the event/departure point etc) become the responsibility of the winner. |
| 41. |
| General |
| 42. | The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases. The Promoter reserves the right to disqualify an entrant if the Promoter becomes aware that the entrant and/or the entrant's entry is of a type described in this clause. |
| 43. | The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. |
| 44. | Prizes cannot be transferred or redeemed for cash. |
| 45. | If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to the relevant gaming regulations. |
| 46. | The Promoter reserves the right to refuse to allow a winner or a winner's travelling companion to take part in any or all aspects of a prize, if the Promoter determines, in its absolute discretion, that the winner or travelling companion is not in the mental or physical condition necessary to be able to safely participate in the prize. If the Promoter determines that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize, the winner forfeits the prize. . If the Promoter determines that a winner's travelling companion is not in the mental or physical condition necessary to be able to safely participate in the prize, the winner may either forfeit that element of the prize or select a replacement travelling companion who, in the Promoter's opinion, is in the mental or physical condition necessary to be able to safely participate in the prize. |
| 47. | Once prizes or prize vouchers have left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. |
| 48. | In the event that for any reason whatsoever a winner does not take an element of the 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 awarded in lieu of that element of the prize. |
| 49. | Prize values are based upon the recommended retail prices at 16 October 2009 (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. |
| 50. | Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. |
| 51. | It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier's requirements. Requirements for the Holiday Prizes include that travel must be taken before the 14 December 2010. |
| 52. | By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize. |
| 53. | In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner's participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use. |
| 54. | In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner's image and/or voice, as recorded, photographed or filmed during the winner's participation in the prize to appear in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. |
| 55. | Instant win game materials void if stolen, forged, mutilated or tampered with in any way. |
| 56. | Programming and other quality control errors will not invalidate an otherwise valid prize claim. |
| 57. | Unless otherwise due to fraud or ineligibility under these conditions of entry, all existing claims for prizes and entitlements to claims will be met notwithstanding the advertised prize pool has been exceeded. |
| 58. | Printing errors or other quality control matters outside the control of the individual player shall not be used as the sole basis for refusing to award a prize. |
| 59. | Should an entrant's contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter. |
| 60. | The promoter's decision is final and the Promoter will not enter into correspondence regarding the Promotion. |
| 61. | In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter's ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any written directions given by the relevant gaming authorities. |
| 62. | The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. |
| 63. | The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, 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 or other compensation from such an offender are reserved. |
| 64. | Gloria Jean's Coffees, Be.interactive and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. |
| 65. | If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any written direction given by the relevant gaming authorities. |
| 66. | All entries become the property of the Promoter. By participating in the Promotion, the entrant agrees to the Promoter's privacy policy available at http://www.gloriajeanscoffees.com.au/footer/disclaimer.aspx. The Promoter collects entrants' personal information about you for the purposes of administering the Promotion and notifying the winners. The Promoter is require to collect personal information about entrants to comply with gaming laws in Australia. If you do not provide the required personal information to the Promoter, you cannot participate in the Promotion. The Promoter may disclose entrants' personal information to third parties including those involved in the administration of the Promotion, notifying the winners and the supply of prizes. |
| 67. | If an entrant has opted-in to receiving marketing material from the Promoter, the entrant's personal information will be entered into a database and the Promoter also collects and may use the entrant's names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid, unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose and consent receiving from the Promoter commercial electronic messages, including SMS and email messages, for an indefinite period of time.. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter at the address set out below. An entrant may request that the Promoter update, modify or delete the entrant's details by writing to the Promoter at the address below. |
| 68. | Beinteractive, on behalf of Gloria Jean's Coffees, collects the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying the winners). The entrant's personal information may be disclosed to Beinteractive for this purpose. If you are not willing for this to occur you cannot participate in the Promotion. |
| 69. | The Promoter is Jireh International Pty Limited, (ABN: 26 937 002 364) of 11 Hoyle Avenue, Castle Hill, NSW 2154. |
Authorised under NSW permit no: LTPS/09/10627, VIC permit no: 09/3661, ACT permit no: TP 09/04492, SA permit no: T09/2688.