Trade Promotion: Game of Chance

Schedule to Terms of Entry

Name of Promotion:  Somersby Happy Bathers Promotion

Permit numbers: 
NSW Permit No. LTPS/19/36997
ACT Permit No. TP19/03947
SA Permit No. T19/1327

Website: www.bws.com.au/win/Somersbyhappybathers

Promoter:  Asahi Premium Beverages Pty Ltd

ABN 49 077 568 480

58 Queens Bridge Street

Southbank VIC 3006

HELPLINE: 1800 244 054

Relevant States:  NSW, ACT, SA, NT, QLD, Vic, WA and Tas

Participating Stores: BWS and its official online store www.bws.com.au

Entrants:  Entry to the Promotion is open to Australian residents aged 18 years+ and who fulfil the entry requirements.

Entry Restrictions:  Must be aged 18 years+ and must have a Facebook account to access Messenger app.

Must have a current drivers licence.

Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, any participating store, or of the agencies or companies associated with this Promotion are ineligible. “Immediate families” means spouse, partner, parent, 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.

Promotion Period: 
Starts: 9.00am 06/11/2019
Ends: 11:59pm 03/12/2019

All times are Melbourne times.

No entries will be accepted after this time.

Entry Mechanic:  To enter, entrants must during the Promotion Period:

1. spend $40 or more on any Somersby product from a Participating Store (Qualifying Purchase);

2. visit the Website and follow the instructions to fully complete the online entry form, including uploading a copy of their purchase receipt, to see if they’ve instantly won a prize.

Residential address only. No PO Boxes allowed.

Entrants must retain a copy of store receipt(s)/invoice(s) as proof of purchase for all entries. Receipt(s)/invoice(s) must clearly specify the store of purchase. Receipt(s)/invoice(s) must show that the purchase was made during the Promotion Period but prior to entry. Failure to provide the Promotional Materials when requested may, in the absolute discretion of the Promoter, render ALL of an entrant’s entries invalid and forfeit their right to any prize.

Maximum Number of Entries:  Multiple entries are permitted throughout the Promotion Period, subject to Clause 12 and the following:

(a) only one (1) entry is permitted per Qualifying Purchase (and no receipt sharing is allowed);

(b) maximum of one (1) entry per person per day per household;

(c) a maximum of two (2) entries will be accepted per receipt/invoice (regardless of the number of Qualifying Purchases featured on that receipt/invoice);

(d) each entry must be submitted separately and in accordance with entry requirements; and

(e) unrecognised receipts (or invoice) numbers will be deemed invalid.

Any entry that in the Promoter’s opinion is:

  • based on a shared receipt/invoice; or
  • lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including but not limited to the use of a competition entry service,

will be void and at the absolute discretion of the Promoter, renders all of an entrant’s entries invalid and he/she will forfeit his/her right to any prize.

All entries submitted by an entrant/winner may be validated by the Promoter prior to a prize being awarded.

Instant Winner Determination:  The instant win prizes will be awarded electronically and randomly throughout the Promotion Period based on pre-determined times at Core Marketing Services, 45 Stubbs Street, Kensington Vic 3031.

Instant Win Prize Details:  There are 200 instant win prizes to be won and allocated randomly.

Each prize is a pair of women or men’s Happy Socks swimwear valued at $80 (men’s) or $120 (women’s).

Winners will be able to nominate the gender, style and size preference from the options provided by the Promoter, however all styles and sizes are subject to stock availability and therefore winners may not receive their first preference.

Allow up to 60 days for delivery. Delivery made to Australian addresses only.

Total Number of Instant Win Prizes:  200

Instant Win Total Prize Pool: Up to $24,000 (inc GST)

Notification of Winner(s):  Winners will be notified in writing (on screen) and by email.

Prize Claim date: Instant win prizes must be claimed by 11:59pm 03/03/2020.

If there are any unwon/unclaimed prizes after this date the Promoter will conduct an unclaimed prize draw at Core Marketing Services, 45 Stubbs Street, Kensington Vic 3031on 04/03/2020 at 10.00am.

Other Conditions: Printing and other quality control errors outside the Promoter’s control will not be used as the sole basis for refusing an instant win prize claim. If the advertised instant win prize pool is exceeded, all valid instant win claims will be honoured, unless a claim is rejected due to fraud or ineligibility under these Terms of Entry.

Full Ts&Cs www.bws.com.au/win/Somersbyhappybathers

Trade Promotion: Game of Chance

Terms of Entry

1 These terms must be read together with the Schedule for this Promotion. The Schedule defines terminology used in these Terms of Entry. Participation in this Promotion constitutes acceptance of these Terms of Entry. Where there is any inconsistency between the Schedule and these terms, the Schedule prevails.

2 Entry is open only to Entrants of the Relevant States/Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter, of any Participating Store or of its related bodies corporate, or of the agencies or companies associated with this Promotion are ineligible to enter.

3 The Promotion will be conducted during the Promotion Period.

4 To enter the Promotion, entrants must follow the Entry Mechanic during the Promotion Period.

5 Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately.

6 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 communications networks or services, the Internet, or computer or telephone 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. Any form of automated entry using any device or software is invalid.

7 The judges' decisions are 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 Terms of Entry in general.

8 Prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.

9 All entries and materials submitted to the Promoter in connection with this Promotion, become the property of the Promoter and each entrant warrants that she/he has the right to transfer these to the Promoter. Each entry must be the entrant’s original work. By entering this Promotion entrants:

(a) consent to the Promoter making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this Promotion or for any other purposes; and

(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.

10 The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each entrant takes full responsibility for any such claims made in relation to their entry.

11 Incomplete entries and/or entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.

12 Entrants may only enter the Promotion in their own name and can only use one (1) name for all entries submitted to the Promotion; there can be only one (1) email address and one (1) residential address used in connection with an entrant’s name. Entrants who are deemed by the Promoter to have entered using multiple email/postal addresses, phone numbers, social media accounts or aliases may be disqualified. Entrants cannot enter on behalf of another person at any time.

The Promoter (or its nominated agent) reserves the right at any time during or after the Promotion Period to request entrants to produce (within the requested timeframe specified by the Promoter) suitable photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to verify the validity of their entry/ies and to verify an entrant (including their identity, age, residential address, place of employment, eligibility to enter and eligibility to claim a prize). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an entrant has not been verified or validated to the Promoter’s satisfaction, then the entrant’s entry (and at the Promoter’s discretion all of the entrants’ entries) will become invalid. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

13 The Promoter may in its absolute discretion, prohibit an entrant’s participation in this Promotion, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate.

14 At the Promoter’s request, winners must participate in, and where relevant must procure that their companion/s participate in, all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion, or in taking or using any prize, and they consent to the Promoter repeating any such image, broadcast, film or other recording at any time.

15 If an entrant is unable to or refuses or fails to take part in any element of this Promotion, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.

16 The winner/s will be notified as stated in the Notification of Winners section of the Schedule.

17 Prizes and participation in this Promotion are subject to any conditions imposed by the supplier or organiser of the prize, as applicable.

18 The Promoter and its associated agencies and companies 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 any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

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

20 The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has a) failed to provide adequate identification to the satisfaction of the Promoter, b) tampered with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these Terms of Entry, c) acted in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person, or d) engaged in any unlawful, fraudulent, deceptive or other improper misconduct intended to jeopardise the fairness and proper conduct of the Promotion and/or damage the goodwill or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this Promotion. Failure by the Promoter to enforce any of its rights at any state does not constitute waiver of those rights. The Promoter reserves its legal rights to recover damages or other compensation from such an offender.

21 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.

22 Prize are not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a winner does not take an element of any 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 supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities where a permit has been issued in the Relevant State/s, if required.

23 If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network/communications failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, 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 relevant authorities in each Relevant State/Territory where permits have been issued, if required.

24 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol#block-views-block-file-attachments-content-block-1

25 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 this 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.

26 The information entrants provide will be used by the Promoter for the purposes 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 Promoter and its related bodies corporate 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 Privacy Principles in the Privacy Act 1988. Entrants can read the Promoter’s Privacy Policy at https://www.asahipremiumbeverages.com/privacy 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.

27 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.